The parties cannot rely upon the definition of ‘terrorism’ in various penal statutes since the Exclusion Clause contains an exhaustive definition of acts of terrorism ~ Supreme Court of India
(Narsingh Ispat Ltd. Vs. Oriental Insurance Company Ltd. & Anr.)
75% of the amount awarded u/s 19 of the MSMED Act, 2006 is directory and not a mandatory requirement ~ Supreme Court of India
(M/s Tirupati Steels Versus M/s Shubh Industrial Component & Anr.)
The burden of proof of the existence of a particular fact lies on the person who makes a positive averment about its existence ~ Supreme Court of India
(Allahabad & Ors. v. Avtar Bhushan Bhartiya)
Remission Petition to be considered by the State with the opinion of the Presiding Judge ~ Supreme Court of India
(Ram Chander v. State of Chhattisgarh & Anr.)
The Delhi High Court passed a split verdict on a batch of petitions challenging the exception to Section 375 of the Indian Penal Code, which exempts forceful sexual intercourse by a man with his own wife from the offence of rape.
(RIT Foundation v. UOI)
In absence of provision for waiting list the post remaining unfilled on any ground shall have to be carried forward for the next recruitment ~ Supreme Court of India
(Vallampati Sathish Babu vs. The State of Andhra Pradesh & Ors.)
When goods are bought by description from a seller then there is an implied condition that the goods shall be of mercantile quality~ Supreme Court of India
(Hyundai Motor India Limited v. Shailendra Bhatnagar)
The limitation period starts from the date of serving the legal notice and after completion of 30 days from the date of service of the legal notice invoking the arbitration clause ~ Supreme Court of India
When the issue touches the question of territorial jurisdiction, as far as possible the same shall have to be decided first as preliminary issue ~ Supreme Court of India
An hoc employee cannot be replaced by another ad hoc employee ~ Supreme Court of India
(Manish Gupta and Anr. v. President, Jan Bhagidhari Samiti and Ors.)
If it is proven that the High Court granted bail based on irrelevant considerations, the superior Court can indisputably set aside those decisions ~ Supreme Court of India
(Ms. Y v. State of Rajasthan and Anr.)
A medical practitioner not to be held liable for Mischance, Misadventure or Error of judgement in choosing reasonable course of treatment. ~ Supreme Court of India
(DR. (Mrs.) chanda Rani Akhouri vs. DR. M.A Methusethupathi)
It is a trite law that appointments made in contraventions of the Statutory provisions are void ab initio ~ Supreme Court of India
(State of Odisha & Ors etc. vs. Sulekh Chandraa Pradhan etc.)
Leave to defend under Section 25B of the Delhi Rent Control Act, 1958 cannot be granted to tenant on mere asking ~ Supreme Court of India
(Abid ul Islam v. Inder Sain Dua)
Only contradictions in material particulars can be a ground to discredit the testimony of the witnesses ~ Supreme Court of India
(Anuj Singh & Ors. v. the State of Bihar)
The maximum punishment prescribed must have regard to balancing scales of retributive justice and restorative justice ~ Supreme Court of India
(Mohd. Firoz vs. State of Madhya Pradesh)
Andrew Cuomo has resigned as governor of New York in a behavioral scandal putting the end to a dynastic political family involved in running New York State for most of the past 50 years.
#mylegalaid
The District Judiciary of the Union Territories of Jammu and Kashmir and Ladakh have been directed to celebrate Independence Day and Republic day at each District Headquarter in the UTs.
#mylegalaid
Mumbai Sessions Court has refused anticipatory bail to actress Gehana Vasisth in the porn film racket case which also involves businessman Raj Kundra as accused.
#mylegalaid#mumbaicourt#rajkundra