A PERSON SHOULD NOT BE MADE TO SUFFER MENTAL AGONY TO WORK BELOW HIS JUNIORS: DELHI HC

-Report by Himanshi Chauhan In the present case of Vineet Kumar vs. UOI & Ors, a petition was filed by the petitioner seeking the quashing of an order whereby respondents have not protected his seniority, whereby his request for securing seniority was rejected and whereby DIG has rejected the petitioner’s request. FACTUAL BACKGROUND: The petitioner had applied for theRead More

NOTICE UNDER SECTION 16 OF THE CARRIAGE BY ROAD ACT, 2007, NOT MANDATORY FOR INSTITUTING ANY SUIT OR LEGAL PROCEEDINGS, MUCH FEWER COUNTERCLAIMS: SC

-Report by Arunima Jain The Supreme Court on Monday, in the case of Essemm Logistics v. Darcl Logistics Limited& Anr., delved into the meaning and extent of Section 16 of the Carriers by Road Act, 2007read with the Order VII Rule 11 of the Civil Procedure Code (CPC). According to the court, no notice is required under Section 16 of the new Act for instituting any suit or legal proceedings, much less a counter-claim against the common carrier for recovering any loss other than the loss of or damage to the consignment. FACTS In the matter at hand, the appellant is a high-end carrier providing service, governed by theCarrierRead More

ZEE ENTERTAINMENT ENTERPRISES LIMITED PLAINTIFF NOT ALLOWED TO ADD ADDITIONAL DOCUMENTATION AT ANY STAGE OF SUIT STATING SAME GROUNDS OF CASE: DELHI HC

-Report by Arunima Jain The Delhi High Court on Friday carefully examined Order XIV Rule 5 & Order XI of the Civil Procedure Code, 1908 while adjudicating the present case. Herein, it has been made amply clear by the court that when filing additional documents in a commercial lawsuit, the plaintiff cannot claim that these are in response to the arguments made by the defendant in the written statement. Order XI of the CPC asRead More

STANDING LAWS DO NOT ENVISAGE A PARENT WHO MAY HAVE INCURRED EXPENDITURE IN THE UPBRINGING OF A CHILD BEING VIEWED AS A CREDITOR: DELHI HC

-Report by Sakshi Tanwar The current petition for Letters of Administration has been filed by the mother [petitioner no.1], father [petitioner no.2], and brother [petitioner no.3] of the late Dr. Shruti Maitri,who died in Delhi on March 8, 2019. The LoA has been claimed in relation to properties. FACTS The second respondent is admittedly the deceased’s spouse, while respondents 3 and 4Read More

THE PETITION SHOULD BE DISMISSED IF NO SUBSTANCE IN THE CHALLENGE WAS RAISED IN THE PETITION

-Report by Sejal Jethva In Suraj VS the State of Maharashtra Home Department (Special), the petitioner filed a writ petition alleging that a total of seven violations were committed between the years of 2013 and 2022, with just two of those offences occurring in the latter year. FACTS The petitioner is challenging the legality or lack thereof of theRead More

AIBE 17 RESULT DECLARED, CHECK RESULT LINK HERE

The All India Bar Association has declared AIBE XVII result on its official website,  websitehttps://allindiabarexamination.com/. Candidates who appeared for the same can now click on the given link and download their results from the official website. The candidate in order to access and download their result must enter the required login credentials like their rollRead More

Delhi HC: “There is a Clear and Fair Relation Between Petitioner and Respondent in the Terms of Civil Matters”

-Report by Mehul Jain It was held by the Delhi High Court in the case of Daulat Ram Dharam Bir Auto Private Limited & Ors Vs Pivotal Infrastructure Private Limited & Ors. that on April 27, the learned Arbitrator shall fix his fee in consultation with the counsel for the parties. All the contentions of the parties are left open toRead More

COMPETITIVE BIDDING IS ESSENTIAL FOR A VALID AUCTION

-Report by Moksh Kapoor The appellant’s contention was set aside by the Supreme Court in the case of RAJIV KUMAR JINDAL AND OTHERS VERSUS BCI STAFF COLONY RESIDENTIAL WELFARE ASSOCIATION AND OTHER. Decided on 27-04-2023. FACTS BCI was deemed a sick company, and assets of BCI were disposed of in accordance with the directions of theRead More

No candidate for the position of Teacher shall be appointed unless the District Inspector of Schools has approved the appointment proposal

-Report by Sejal Jethva The State of Uttar Pradesh and Others v. Rachna Hills and Others this instance, Section 16-FF of the Act and Regulation 17 of the Regulations outlines the process for choosing and appointing heads of institutions and teachers at minority institutions. Although the specific selection process is outlined in Regulation 17, Section 16-FF, subsection (3)Read More

MBBS AND AYURVED DOCTORS ARE CERTAINLY NOT PERFORMING EQUAL WORK TO BE ENTITLED EQUAL PAY

-Report by Neha Mishra In the case of STATE OF GUJARAT VS DR. P. A BHATT, the question of whether Allopathy doctors and doctors of indigenous medicine can be said to be performing “equal work” so as to be entitled to “equal pay” is answered. FACTS A High-Power Committee was established on May 3, 1990, with Shri R.K. Tikku as its chairman, to enhance the workingRead More