IBC S. 60(5) – Jurisdiction
Insolvency and Banking Code , 2016 S. 60(5) - Jurisdiction - Whether the Adjudicating Authority has jurisdiction to pass the...
‘Shall not be bound’ by the procedure laid down by the Code – A view which advances the cause of justice must be preferred to the one which defeats it – CPC O. 33
Railway Claims Tribunal Act, 1987, Section 18(1) - CPC, O. 33 - ‘shall not be bound’ by the procedure laid...
CPC O. 33 – Access to justice cannot be denied to an individual merely because he does not have the means to pay the prescribed fee.
CPC, O. 33 - Access to justice cannot be denied to an individual merely because he does not have the...
Service Matter – Deputation – Ordinarily the term of deputation should not be curtailed except on such just grounds as, for example, unsuitability or unsatisfactory performance
Apex Court held that ordinarily, the term of deputation should not be curtailed except on grounds of unsuitability or unsatisfactory...
Arbitration and Conciliation Act, 1996 S. 11(6), 12(5) – Once the arbitrator has become ineligible by operation of law, he cannot nominate another as an arbitrator.
Arbitration and Conciliation Act, 1996 - Section 11(6) - Once the arbitrator has become ineligible by operation of law, he cannot...
Tenancy – Multiple suits for eviction on ground of non user, pertaining to different periods – Maintainable
Tenancy – Multiple suits for eviction on ground of non user, pertaining to different periods - Parties in all the...
CPC S. 10 – what “the matter in issue” exactly means?
CPC S. 10 – Test for applicability - Matter in issue in both the suits have to be directly and...
CPC S. 10 – Test for applicability – Whether the final decision being in the previously instituted suit, would operate as res judicata in subsequent suit
CPC S. 10 - Test for applicability - Whether “the matter in issue is also directly and substantially in issue...
CPC S. 10 – For application of S. 10 the Court in which the previous suit is pending should be competent to grant the relief claimed
CPC S. 10 - Where a suit is instituted in a court to which provisions of the Code apply, it...
IPC S. 376, 420 R/W S. 34 – Rape and consensual sex.
IPC, Sections 376, 420 read with Section 34 - There is a clear distinction between rape and consensual sex - ...
IPC S. 376(2)(b) – love affair – consensual sex
IPC, Section 376(2)(b) - Complainant had fallen in love with the appellant and that she needed a companion as she...
CrPC S. 482 – If the allegations set out in the complaint do not constitute the offence of which cognizance has been taken, it is open to the High Court to quash the same in exercise of the inherent powers
IPC, Section 482 - It is clear that for quashing the proceedings, meticulous analysis of factum of taking cognizance of...
IPC S. 375 – IPC S. 90 – “Consent” – Section 90 though does not define “consent”, but describes what is not “consent”
IPC, Section 375 – IPC, Section 90 - "Consent" - Section 90 though does not define "consent", but describes what...
IPC S. 376, 420 r/w 34 – Breach of promise to marry – If the accused has not made the promise with the sole intention to seduce the prosecutrix to indulge in sexual acts, such an act would not amount to rape
IPC, Sections 376, 420 read with Section 34 – “Breach of a promise and not fulfilling a false promise” –...
Sarfaesi – Writ – Not maintainable
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI) – Constitution of India, Article 226...
