Legally Speaking

A sentinel’s toil in arbitrability of fraud: The A. Ayyasamy judgement

05 Apr 2022 06:48 AM IST

The conclusion of the Supreme Court in A. Ayyasamy, that a simple charge of fraud simplicitor would not be sufficient to negate the impact of the parties’ arbitration agreement sets the premise for the test of proportionality to be applicable in commercial disputes as well. Proportionality asks whether the decision,

SUMMONS BY REGISTERED POST CAN’T BE SERVED DIRECTLY TO DEFENDANT RESIDING OUTSIDE COURT’S JURISDICTION: PUNJAB & HARYANA HC

04 Apr 2022 06:41 AM IST

In a significant development, the Punjab and Haryana High Court in a learned, laudable, landmark and latest judgment titled M/s Paras Ram Milkhi Ram vs Sudarshan Tea Pvt Ltd and Another in CR-2188-2015 (O&M) delivered as recently as on March 23, 2022 has made it quite clear that summons by

Mere non framing of charge under Section 149 IPC will not vitiate conviction in absence of any prejudice to accused: SC

02 Apr 2022 06:40 AM IST

In a significant development, we saw how just recently on April 1, 2022, the Apex Court in a recent, remarkable, robust and rational judgment titled State of Uttar Pradesh vs Subhash @ Pappu in Criminal Appeal No. 436 of 2022 cited in 2022 LiveLaw (SC) 336 observed that non-framing of

Medical device market & regulatory system failures, future and priorities

01 Apr 2022 06:21 AM IST

Poor device safety and functionality have been crucially related to legislative loopholes which make it easy for device makers to get their products in the market before proper testing.

OWNER OF VEHICLE NOT VICARIOUSLY LIABLE FOR ANY MIS-DECLARATION BY OWNER OF GOODS: PUNJAB & HARYANA HIGH COURT

31 Mar 2022 06:26 AM IST

While clarifying the legal position on the liability of the owner of vehicle for any mis-declaration by the owner of goods, the Punjab and Haryana High Court in a learned, laudable, landmark and latest judgment titled Vijay Mamgain Vs State of Haryana in 2022 LiveLaw (PH) 34 and Case No.

‘Grave Misconduct’: Rajasthan HC imposes 1 Lac cost on advocate who filed original application without authorization, superimposed sign by xerox machine etc

30 Mar 2022 04:06 AM IST

While displaying absolute zero tolerance for misconduct of any kind, we saw how just very recently on March 24, 2022, the Division Bench of Rajasthan High Court at Jodhpur in a noteworthy judgment titled TC Gupta v. Union of India in D.B. Civil Writ Petition No. 10645/2019 and cited in

Comptroller and Auditor General of India: A time for reform?

29 Mar 2022 03:29 AM IST

The debate on the mode of appointment of CAG was reignited in August 2020 when G.C. Murmu was appointed as the Comptroller and Auditor General, without following any transparent process of selection. His appointment came as utter dismay to citizens of India, who have faith in parliamentary democracy since he

SECOND FIR CAN BE QUASHED IF FIRST FIR IN RESPECT TO SAME INCIDENT HAS ALREADY BEEN REGISTERED: PUNJAB & HARYANA HIGH COURT

28 Mar 2022 04:14 AM IST

In a very significant observation, the Punjab and Haryana High Court in a learned, laudable, landmark and latest judgment titled Mr Monishankar Hazra and another v. State of Haryana and others and a connected petition in CRM-M-6692-2022(O&M) and CRM-M-6698-2022(O&M) have observed that in case an FIR with respect to an

POCSO Act: Prosecution can cross examine the victim on her turning hostile, says Karnataka HC

25 Mar 2022 03:10 AM IST

In a significant development, we saw how just recently on March 3, 2022, the Karnataka High Court in a leading judgment titled State of Karnataka v Somanna in Criminal Petition No. 8167/2020 and cited in 2022 LiveLaw (Kar) 86 has stated in no uncertain terms that under the Protection of

JUSTICE R.F. NARIMAN: SELECT IMPORTANT JUDGEMENTS

24 Mar 2022 03:36 AM IST

Justice Rohinton Fali Nariman, a profound name in the Indian Judiciary has authored various notable judgments and is the only fifth judge to be elevated from the Bar to the Bench. Justice Nariman got enrolled in the Bar in the year 1979 at the age of 23. He studied law

SENIOR CITIZEN AMENDMENT BILL, 2019: A HALF-BAKED SOLUTION

24 Mar 2022 03:32 AM IST

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 was introduced on 29th December, 2007 to safeguard the rights of the elderly citizens and to ensure that their children take best care of them. With the advent of modernization the society is also evolving earlier, the people were

Maize exports jump nearly six fold in last three years despite challenges posed by pandemic

23 Mar 2022 03:50 AM IST

Bangladesh, Vietnam and Nepal are among key destinations for crop exports.

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