Neelam Nitin Sampat Versus State of Maharashtra & Others (High Court of Judicature at Bombay, 29-09-2023)
Latest Judgements
Arshutunnisa & Others Versus Mohammed Kasim (died) & Others (High Court of Andhra Pradesh, 29-09-2023)
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Subrat Kumar Sahoo Versus The Ld. Presiding Officer Mumbai University and College Tribunal Mumbai & Others(High Court of Judicature at Bombay, 27-09-2023)
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M/s. Dakshin Shelters Private Limited Versus Parikshit Shah & Another (High Court of for the State of Telangana, 27-09-2023)
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M/s. Bombay Intelligence Security India Ltd. & Others Versus Government Of NCT Of Delhi & Others (High Court of Delhi, 27-09-2023)
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Prema V. Shetty & Others Versus Saraswat Co-operative Bank Ltd. (High Court of Judicature at Bombay, 26-09-2023)
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The Government of Andhra Pradesh & Others Versus V. Tulasiram & Others ( High Court of for the State of Telangana, 26-09-2023)
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Pr. Commissioner Of Income Tax-7 Versus M/s. Security Printing And Mining Corporation Of India Ltd.(High Court of Delhi, 26-09-2023)
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R. Hariharan Versus The State of Tamilnadu (High Court of Judicature at Madras, 20-09-2023)
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Faizal Hasamali Mirza @ Kasib Versus The State of Maharashtra & Another( High Court of Judicature at Bombay, 14-09-2023)
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TOP STORIES
National Investigation Agency Act - Section 21 - Limitation Act - Sections 5 and 29 - condonation of delay - (CDJ 2023 BHC 1395)
Appellate Court has the power to entertain an appeal even after the statutory period of 90 days- Courts cannot be mute spectators or helpless and dismiss an appeal, simply because it is filed beyond 90 days, despite sufficient cause being shown, for filing the appeal belatedly.
Indian Penal Code- Section 415-"Online matrimonial fraud-
there is no rules or regulations, nor even, SOP (Standard Operating Procedure) for on-line matrimonial web-site before for hoisting profiles of bride or bridegroom, as the case may be. In most of cases, the victims of this kind of on-line matrimonial fraud are woman. Central or State Government shall take initiation for formulation of rules governing some kind of preventive measure to protect the prospective person for marriage, needs necessary regulation of web-site ensure material facts are not suppressed or omitted at the initial time of initiation of marriage proposal. (CDJ 2023 MHC 5328)
Hindu Marriage Act, 1955 - Section 13 (i) (a) -Code of Civil Procedure, 1908- Section 24 – Transfer of Divorce Petition- The convenience of the wife is to be preferred over the convenience of the husband. (CDJ 2023 BHC 1371)
For a lady to travel alone for the proceedings to a Court where the fate of her marriage is going to be decided without any family member would definitely be a matter of concern and cause not only physical inconvenience but also emotional and psychological inconvenience. The Court allowed wife’s Transferred Petition.
FROM CDJ CITATIONS
Prevention of Corruption Act, 1998 - Sections 7, 13(1)(d) read with Section 13(2) - Service Matter - Death-cum-Retirement Gratuity - Claim for -
When can be granted - Respondent in appeal was working as Village Extension Officer, in course of his employment Vigilance Department registered a crime alleging that he had received Rs.500 as bribe and he was suspended from service and was later reinstated in service - He retired from service on superannuation while working as General Extension Officer - On conviction in a criminal case for violation of integrity norms in performance of official duties and an appeal pending before High Court, is employee still entitled to release of his Death-cum-Retirement Gratuity is the moot point arising for consideration in the present appeals - In view of there being a divergence of opinion, Division Bench considered it appropriate to refer matter to a larger Bench as two applications before KAT had produced different results.
Court Fees Act, 1870 - Section 7 –Code of Civil Procedure, 1908 - Section 96, Order 7 Rule 11, Section 80, Section 151, Section 115 – Dificiency in court fees –
Applicability of Section 7 of Act, 1870 in Money suit - Money suit for compensation/damages filed – High Court allowed the revision petition filed by the respondent Dev Brat Sharma and further proceeded to reject the application of the appellant under Order 7 Rule 11 read with Section 151 of Code of Civil Procedure after setting aside the order dated 10.11.2016 passed by the Trial Court holding that the respondent (plaintiff before the Trial Court) was required to make good deficiency in the Court fees on the amount of Rs. 20 Lakhs claimed by him as compensation
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