Delhi High Court Says That “The Owner Has Liberty to Change the Agreement of Property”

-Report by Mehul Jain It was held by the Delhi High Court in the case of M/S THE COMMERICAL ELECTRIC WORKS & ORS VS SHARDA GUPTA that the Delhi High Court on April 06, while not changing the decision of Trial Court for giving landlady property to his grandson for bona fide needs. Because ofRead More

NEPHEW BEING THE BENEFICIARY IS ENTITLED TO THE PROBATE OF WILL: DELHI HC

-Report by Himanshi The recent judgement of Shri Mukund Bhatia vs State (Govt of NCT of Delhi) & ORS is concerned with the grant of Letters of Administration / Probate of the Will in respect of the immovable properties left behind by the Paternal Aunt of the petitioner. FACTUAL BACKGROUND: The Paternal Aunt of theRead More

Income Tax Proceedings Can Be Initiated Against Non-Searched Persons in Searches Before 2015 Amendment: SC

-Report by Bhavana Bhandari In a landmark decision case Income Tax Officer vs Vikram Sujitkumar Bhatia, the Supreme Court of India held that the Assessing officer under the Income Tax Act 1961 shall be authorized to initiate proceedings under Section 153C of the Act even against person non-searched persons, and the same shall have aRead More

POWER OF THE HIGH COURT TO GRANT INTEREST ON LAND ACQUIRED BY THE GOVERNMENT UNDER ARTICLE 226

-Report by Moksh Kapoor Interest was granted to the petitioners in the case of ROSHANBI AZIZ MOTIWALA THROUGH POA MR. ILIYAS AZIZ MOTIWALA AND ORS. Vs THE COMPETENT AUTHORITY AND DEPUTY COLLECTOR AND ORS. Decided on 06-04-2023. FACTS: The properties of the petitioners in the present case were acquired by the Competent Authorities. It wasRead More

LICENSE TO OPERATE OLD AGE REVOKED AS ARESULT OF SEVERAL IRREGULARITIES

-Report by Sejal Jethva THE STATE OF M.P.& ORS. VS. ASHUNA SHIKSHA EVAN VIKAS SAMITY, where the plaintiff established an old age home and the collector in Bhopal was required to cover operational costs but failed to THE SAME. FACTS: For the benefit of the impoverished and the needy, the plaintiff founded one old ageRead More

NATIONAL SECURITY CONCERNS CANNOT COMPLETELY OVERRIDE PRINCIPLE OF NATURAL JUSTICE EVEN FOR IB REPORTS: SC

-Report by Bhavana Bhandari In Madhyamam Broadcasting v. Union of India & ors, the Supreme Court decided that the State cannot claim complete immunity from the disclosure of materials essentially by asserting the information related to national security. The idea of national security does not enable the principles of natural justice to be suspended, andRead More

DEFICIENCY IN SERVICES SHOULD BE PROVED BY THE AGGRIEVED PARTY: SC

-Report by Harshit Gupta In the case of “The Chairman & Managing Director City Union Bank Ltd. & Anr. V. R, Chandramohan“, the apex court held that the burden of proving the deficiency in service is on the aggrieved party, and in the present case, the respondent-aggrieved was not able to prove that there wasRead More

ANTICIPATORY BAIL IS GRANTED TO ACCUSED IF HE COOPERATES IN INVESTIGATION

-Report by Harshit Gupta Anticipatory bail was granted to all accused in the case of Mahmood Bava V. Central Bureau of Investigation decided on 20-03-2023.  FACTS: This case involves many accused, who were booked under sections 420, 466, 467 471 read with section 120B of the Indian Penal Code, 1860 and section 13(2) read withRead More

CAN DELAY IN GRANTING SANCTION BE CONSIDERED IN SLP?

-Report by Harshit Gupta In the case of S. Athilakshmi v. The State of Rep. by the Drugs Inspector reported on 15-03-2023 in the Hon’ble Supreme Court of India.  This is a case where criminal proceedings were initiated by the state against a medical practitioner for selling medicines within her house.  FACTS: S. Athilakshmi (hereinafter Appellant)Read More

NO RIGHT FOR POSSESSION CAN BE GRANTED IF PARTY FAILS TO RAISE SUFFICIENT PLEADINGS: SC

-Report by Karan Gautam The defendant Nos. 1 and 2 in O.S. No.6456 of 1993 filed an appeal under Article 136 of the Constitution of India, calling in question the judgment and decree dated 09.09.2010 passed by the Hon’ble High Court of Karnataka at Bengaluru in RFA No.1966 of 2007. During the pendency of theRead More