Articles

20th Mar, 2016

Magistrate can change or alter the charge u/s 216 Cr.PC if there is defect or something is left out #indianlaws

Magistrate has power under Section 216 Code of Criminal Procedure to alter or modify the charge on the basis of an application filed by the informant and further the trial court can alter the charge […]
20th Mar, 2016

No discretion of Court to award less than the specified fine U/s. 85(a)(i)(b) of the ESIC Act #indianlaws

The Supreme Court held that the object of creating offence and penalty under the Employees’ State Insurance Act, 1948 is clearly to create deterrence against violation of provisions of the Act which are beneficial for […]
20th Mar, 2016

Contract if expressly bars award of interest pendente lite, the same cannot be awarded by the Arbitrator #indianlaws

The Supreme Court, in this case has held that Arbitrator appointed with or without the intervention of the court, has jurisdiction to award interest, on the sums found due and payable, for the pre-reference period, […]
9th Mar, 2016

Child Marriage does not automatically become void #indianlaws

Section 3 makes provision for avoidance of marriage by contracting party, who was a child at the time thereof, through filing a petition for annulling the marriage by such party. Section 3(3) has to be […]
9th Mar, 2016

Grandson has no birth right in grandfather’s properties to claim partition during lifetime of his father #indianlaws

When a male Hindu dies leaving behind a female relative specified in Class I of the Schedule or a male relative specified in that Class who claims through such female relative surviving him, then the […]
9th Mar, 2016

Power to extend time of assessment cannot be exercised after the expiry of presribed period of assessment #indianlaws

The Supreme Court held that upon the lapse of the period of limitation prescribed, the right of the Department to assess an assesse gets extinguished and this confers a very valuable right on the assesse. […]
3rd Mar, 2016

Principles of Res Judicata #indianlaws

Supreme Court has held that for a defence of res judicata to succeed, it is necessary to show that the claim in the subsequent suit or proceedings is in fact founded upon the same cause […]
3rd Mar, 2016

TRAI Regulations compensating consumer for call dropping, upheld #indianlaws

Delhi High Court has held that the TRAI under the scheme of Act exercises both regulatory and regulation making powers. The Court stated that the regulation of TRAI which prescribes the liability of the Companies […]
3rd Mar, 2016

Casual workers are covered under the definition of ‘employee’ as defined in ESI Act #indianlaws

Supreme Court has held that Section 2(22) of the ESI Act covers the “casual employees” employed for a few days on a work of perennial nature and wages as defined in section 2(22) and wage […]
3rd Mar, 2016

Prevention of Corruption Act applies to Private Banks as well #indianlaws

The Supreme Court held that, clearly, the object of enactment of PC Act was to make the anti-corruption law more effective and widen its coverage. In view of definition of public servant in Section 46A […]
25th Feb, 2016

Qualification clause for the purposes of pre-natal diagnostic tests(PNDT) invalid #indianlaws

Delhi High Court has held that Section 2(p) of the PNDT Act defining a Sonologist or Imaging Specialist, is bad to the extent it includes persons possessing a postgraduate qualification in ultrasonography or imaging techniques […]
25th Feb, 2016

IPAB has exclusive jurisdiction to consider and decide upon trademark registration invalidity #indianlaws

Delhi High Court has held that IPAB has exclusive jurisdiction to consider and decide upon the merits of a plea of trademark registration invalidity – applying Section 47 and 57 of the Act- in the […]