Unfortunate Fake News Spread Against Chief Justice Muralidhar : Orissa High Court Issues Statement, Condemns "Sinister Attempt" To Malign CJ

The Orissa High Court has issued a press release against the fake news being circulated in social media against Chief Justice Dr S Muralidhar.A lawyer named Advocate Srinivas Mohanty had published a photograph in his Facebook account with a caption that Chief Justice Dr S Muralidhar had a "closed door meeting" with Mr. VK Pandian IAS, the Private Secretary to Odisha Chief Minister Naveen...

Insurance Company Cannot Take A Defense Which Did Not Form The Basis Of Repudiation Of The Claim : Supreme Court

The Supreme Court observed that, in a claim made by the insured before a consumer commission, an insurance company cannot take a defense which did not form the basis of repudiation of the claim.In this case, the ground for repudiation of insurance claim was that there was no sufficient balance to cover the declaration and/or loss. The National Consumer Disputes Redressal Commission dismissed the...

'CCI Order Against Google Will Boost Digital Innovation': Interview With The 3 Young Lawyers Who Fought The Legal Battle

Search Engine Giant Google has been in news headlines for over a week now. This is because of two orders passed by the Competition watchdog of India, which heavily fined the Company.The first order passed by the Competition Commission of India on October 20 imposed a penalty of Rs. 1337.76 Crore on Google under Section 27 of the Competition Act, 2002, for abusing its dominant position in...

Subsequent Settlement Of Residents Not A Ground To Shift A Crematorium : Supreme Court

The Supreme Court observed that subsequent settlement of residents in city/town by itself cannot be a ground to shift cremetorium.The bench of Justices MR Shah and MM Sundresh allowed appeal filed by South Delhi Municipal Corporation challenging the Delhi High Court order that directed it to shift the crematorium at Village Masoodpur to Kishangarh. Maintenance of said places is an...

Supreme Court Quarterly Digest on INDIAN PENAL CODE [July - September 2022]

Penal Code, 1860 - Deceased was addicted to alcohol and used to constantly torment, abuse and threaten the accused (appellant) who was his brother - On the night of the occurrence, the deceased had consumed alcohol and had told the accused to leave the house and if not, he would kill the accused - There was sudden loss of self-control on account of a 'slow burn' reaction followed by the...

Kerala Cooperative Society Member Executing Instrument/Sale Deed In His Own Capacity Not Entitled To Benefit Of Stamp Duty Remission: Supreme Court

The Supreme Court observed that a member of a cooperative society in Kerala executing an instrument/sale deed in his own capacity shall not be entitled to the benefit of remission of stamp duty.The bench of Justices MR Shah and Krishna Murari upheld the Kerala High Court Full Bench Judgment which held that (i) the benefit of remission of stamp duty is available only in respect of...

EPF Pension Case : Supreme Court Verdict On EPFO Appeals Likely To Be Pronounced Next Week

The Supreme Court is likely to pronounce next week the judgment in the appeals filed by the Employees Provident Fund Organization challenging the Kerala, Rajasthan and Delhi High Court judgments which had quashed the Employee's Pension (Amendment) Scheme, 2014.A 3-judge bench comprising Justices Uday Umesh Lalit, Aniruddha Bose and Sudhanshu Dhulia had reserved judgment on August 11 after...

EWS Quota : Supreme Court Verdict Determining Validity Of Constitution 103rd Amendment Likely To Come Next Week

The Supreme Court verdict determining the validity of the 103rd Constitutional Amendment which introduced 10% reservation for Economically Weaker Sections (EWS) in education and public employment is likely to come out next week.The matter was heard by a 5-judge bench comprising Chief Justice of India UU Lalit, Justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi and JB Pardiwala who...

All India IBC Cases Half Yearly Digest: January To June 2022

Supreme Court Supreme Court Declares Noida As An Operational Creditor Under The Insolvency And Bankruptcy Code, 2016 Case title: New Okhla Industrial Development Authority v Anand Sonbhadra Case No.: Civil Appeal No. 2222 of 2021 The Supreme Court Bench comprising of Justice KM Joseph and Justice Hrishikesh Roy has upheld the NCLAT judgment wherein it was...

Modified Vapour Absorption Chiller Machine Cannot Be Categorized As 'Heat Pump' To Avail Concessional Excise Tariff Benefit : Supreme Court Upholds CESTAT Judgment

The Supreme Court observed that a Modified Vapour Absorption Chillers cannot be categorized as a Heat Pump to avail concessional tariff benefits under Central Excise Tariff Act, 1985.Customers do not purchase MVAC because it produces hot water and in commercial parlance it is used for air conditioning and refrigeration and not at all for heating purpose, the bench of Justices KM Joseph...

Cheque Bounce Complaint Cannot Be Transferred As Per Convenience Of Accused: Supreme Court

The Supreme Court observed that a complaint under Section 138 cannot be transferred as per the convenience of the accused.Justice Abhay S. Oka observed thus while dismissing a transfer petition filed by an accused seeking transfer of a cheque bounce complaint.After noticing that the petitioner is a woman and a senior citizen, the judge observed that she can always seek...

Kerala State Machinery Turned Against Gold Smuggling Probe After Role Of CM's Principal Secretary Was Detected : ED To Supreme Court

The Enforcement Directorate has denied the allegation made by the Kerala Government that its plea to transfer the trial of gold smuggling case from the State is "politically motivated".In a rejoinder filed to the Kerala Government's counter affidavit, the ED stated that the transfer of the case from Kerala is necessary and that the petition had been filed on the basis of material facts leading...