Digests
Consumer Cases Weekly Digest: 20th to 26th November 2023
Supreme Court BMW Car Damage: Supreme Court Refuses Claim For Replacement; Says Insured Can't Claim Anything More Than Insurance Policy Coverage Case Title: Bajaj Allianz General Insurance Co.Ltd. V. Mukul Aggarwal, CIVIL APPEAL NO.1544 OF 2023 Citation: 2023 LiveLaw (SC) 1000 The Supreme Court on Monday (20.11.2023) reiterated that an insured cannot claim anything more...
Supreme Court Half Yearly Digest 2023- Land Laws
Constitution of India, 1950; Article 254 - The Tamil Nadu Highways Act 2001 cannot be invalidated on the ground that is provisions are at variance from the Right to Fair Compensation and Transparency in Land Acquisition; Rehabilitation and Resettlement Act, 2013. Since the Tamil Nadu Act has received the assent of the President under Article 254(2) of the Constitution of India, there is no...
Arbitration Weekly Round-Up: 13th November To 19th November
Bombay High Court Amount Of Arbitration Award Received By Retiring Partner For Relinquishing Claim In The Firm Is Not Taxable: Bombay High Court Case Title: Ramona Pinto v. Deputy Commissioner of Income Tax, Income Tax Appeal No. 2610 of 2018 The High Court of Bombay has held that an amount of arbitration award received by a retiring partner for relinquishing its claim in...
Weekly Digest Of IBC Cases: 13th To 19th November 2023
NCLAT In Absence Of Rental Agreement Between Parties, RP Can’t Demand Payment Of Usage Charges For Corporate Debtor’s Machine; NCLAT Delhi Case Title: Patsons Construction v Shri Ram Ratan Kanoongo Case No.: Company Appeal (AT) (Ins.) No. 1269 of 2022 The National Company Law Appellate Tribunal (“NCLAT”), Principal Bench, comprising of Justice Ashok Bhushan...
Supreme Court Weekly Round-Up [13th-19th Nov, 2023]
Citations: 2023 LiveLaw (SC) 975 To 2023 LiveLaw (SC) 994Nominal IndexM/S. RAJASTHAN ART EMPORIUM V. KUWAIT AIRWAYS 2023 LiveLaw (SC) 975M/S Modi Naturals Ltd v The Commissioner of Commercial Tax UP 2023 LiveLaw (SC) 976Union of India v. D.G.O.F. Employees Association 2023 LiveLaw (SC) 977Shaikh Uzma Feroz Hussain v. State of Maharashtra 2023 LiveLaw (SC) 978J. Johnson v. S. Selvaraj,...
Karnataka High Court Weekly Round-Up: November 13 To November 19, 2023
Citations: 2023 LiveLaw (Kar) 430 To 2023 LiveLaw (Kar) 436Nominal Index:Ganesh Achar AND United India Insurance Co LTD. 2023 LiveLaw (Kar) 430T Savitha & ANR AND B P Muniraju & Others. 2023 LiveLaw (Kar) 431Hanumantharayappa AND State of Karnataka. 2023 LiveLaw (Kar) 432Karan Singh S Rajpurohit And The City Municipal Council Hosapete & Others. 2023 LiveLaw (Kar) 433Lakshmamma AND D...
Consumer Cases Weekly Round-Up: 13th November 2023 To 19th November 2023
Supreme Court Is Consumer Protection Rule Invalid for Allowing More Govt Representation In Selection Committee For Forum Members? Supreme Court to Consider Case Title: Ganeshkumar Rajeshwarrao Selukar & ors. V. Mahendra Bhaskar Limaye & Ors., Diary No(s). 45299/2023 The Supreme Court has admitted a special leave petition filed against the judgment of the Bombay High...
Tax Cases Weekly Round-Up: 12 November To 18 November, 2023
Supreme Court UP VAT Act | Assessee Entitled To Claim Full Input Tax Credit On Exempted Goods Produced As By-Products Or Waste Products During Manufacturing Of Taxable Goods: Supreme Court Case details: M/S Modi Naturals Ltd v The Commissioner of Commercial Tax UP Case No.: 2023 LiveLaw (SC) 976 The Supreme Court while relying on Explanation (iii) to Section 13 of...
Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [October 1 – 8, 2023]
Citations: 2023 LiveLaw (SC) 844 To 2023 LiveLaw (SC) 863SUBJECT WISE INDEXBurden of ProofDistinction between the burden of proof and the burden of going forward with the evidence. Generally, the burden of proof upon any affirmative proposition necessary to be established as the foundation of an issue does not shift, but the burden of evidence or the burden of explanation may shift from one...
Supreme Court Monthly Digest September 2023
Citations: 2023 LiveLaw (SC) 737 To 2023 LiveLaw (SC) 843SUBJECT WISE INDEXAbortion'No immediate threat to mother's life; no foetal abnormality' : Supreme Court rejects married woman's plea to abort 26-week pregnancy. X v. Union of India, 2023 LiveLaw (SC) 840AdvocateSupreme Court directs Manipur bar associations to not prevent lawyers of any community from appearing before courts; warns...
Supreme Court Criminal Digest September 2023
Bail - One cannot apply one bail order to all the other subsequent cases. (Para 8) PACL v. Central Bureau of Investigation, 2023 LiveLaw (SC) 747 : 2023 INSC 795Can anticipatory bail be granted to proclaimed offender? only in exceptional & rare cases, holds the Supreme Court. State of Haryana v. Dharamraj, 2023 LiveLaw (SC) 739 : 2023 INSC 784Certified copy can be produced to prove...
Supreme Court Half Yearly Digest 2023: Insolvency And Bankruptcy Code
Companies Act, 2013 - Upholds the constitutionality of Section 327(7) of the Companies Act, which excludes workers dues from priority payment in the event of liquidation of a company under the Insolvency and Bankruptcy Code 2016 - The object and purpose of amending the Companies Act 2013 and to exclude Sections 326 and 327 in the event of liquidation of a company under IBC seem to be that...