Era Realtors Private Limited Versus Prakash Shah& Another (High Court of Judicature at Bombay, 14-03-2024)
Latest Judgements
Chennai Petroleum Corporation Limited [CPCL] & Others Versus National Green Tribunal Southern Zone, Chennai & Others (High Court of Judicature at Madras, 14-03-2024)
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Punnappadam Kakkod Puthanpally Juma-Ath & Others Versus The Kerala State Waqf Board & Another (High Court of Kerala, 14-03-2024)
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Avula Indira Chittoor & Another Versus G. Chenchaiah & Others (High Court of Andhra Pradesh, 13-03-2024)
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Amrut & Others Versus The State of Maharashtra (In the High Court of Bombay at Aurangabad, 12-03-2024)
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AIGP Developers (Pune) Private Limited Versus The State of Maharashtra & Others (High Court of Judicature at Bombay, 08-03-2024)
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State of Tamil Nadu & Another Versus CREDAI, CHENNAI & Others (High Court of Judicature at Madras, 06-03-2024)
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Upendra Kantilal Thanawala & Others Versus Shreeram Builders & Others ( High Court of Judicature at Bombay, 05-03-2024)
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TOP STORIES
Indian Penal Code - Section 498-A, Section 306 r/w Section 34 – Abetment of Suicide -
Quarrels and abuses without intending the consequences would itself not attract instigation or abetment to commit suicide.(CDJ 2024 BHC 368)
Civil Procedure Code - Section 100 - Second Appeal- Specific Relief Act – Section 38 - Suit for injunction -
there was no absolute bar under the Specific Relief Act to file a suit for bare injunction, even when the title is in dispute.(CDJ 2024 MHC 1364)
Constitution of India- Article 105(2) - Article 194 - Bribery is not protected by parliamentary privilege-
An individual member of the legislature cannot assert a claim of privilege to seek immunity under Articles 105 and 194 from prosecution on a charge of bribery in connection with a vote or speech in the legislature. (CDJ 2024 SC 155)
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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