Advocate Sushila
Advocate Sushila Ram 30 Jan 2021 3:10pm
WHETHER A COMPANY PURCHASING A COMMERCIAL SPACE IS A CONSUMER UNDER THE CONSUMER PROTECTION ACT
699 0 0
Recently, the National Consumer Redressal Commission, New Delhi (‘NCDRC’) in the case of Freight System (India) (P) Ltd. v. Omkar Realtors and Developers (P) Ltd., (Consumer Case No. 886/2020), vide its Judgment dated 25.01.2021 held that a company is not a ‘#consumer’ under the Consumer Protection Act, 2019 (the ‘Act 2019’)...To read more, please…
Advocate Sushila
Advocate Sushila Ram 25 Jan 2021 6:56pm
SUPREME COURT HOLDS THAT ORDER OF DISMISSAL OF A WORKMAN CANNOT BE SET ASIDE EVEN IF DISCIPLINARY PROCEEDINGS ARE NOT CONDUCTED
857 0 0
The Three Judge Bench of the Hon’ble #SupremeCourt of India comprising of Justices L. Nageswara Rao, Navin Sinha and Indu Malhotra passed a Judgment dated 20-01-2021 in the case of State of Uttarakhand & Ors. v. Smt. Sureshwati {Civil Appeal No. 142 of 2021 (Arising out of Special Leave Petition (Civil) No. 9864 of 2020)} and held that absence…
Advocate Sushila
Advocate Sushila Ram 23 Jan 2021 6:34pm
SUPREME COURT HOLDS THAT WILFUL AND DELIBERATE DISOBEDIENCE OF ANY COURT’S ORDER LEADS TO CONTEMPT PROCEEDINGS
1470 0 0
As per the Contempt of Courts Act, 1971, a #Civil #Contempt Petition can be filed by an #aggrieved party when there is a wilful, intentional, and deliberate disobedience or #breach of any directions, judgment, order or judicial processes.To read more, please visit the link below:http://www.theindianlawyer.in/blog/2021/01/23/supreme-court-holds-that-wilful-and-deliberate-disobedience-of-any-courts-order-leads-to-contempt-proceedings/#supremecourt…
Advocate Sushila
Advocate Sushila Ram 23 Jan 2021 5:25pm
DELHI DISTRICT COURT HOLDS AAP LEADER SOM NATH BHARTI AND ASSOCIATES GUILTY OF COMMITTING CRIMINAL OFFENCE
619 0 0
The Rouse Avenue #DistrictCourt, #NewDelhi has passed a recent Judgment dated 22-01-2021 in State vs. Som Nath Bharti and Others and held the Aam Aadmi Party (#AAP) Leader and Member of Legislative Assembly (#MLA), Mr. Som Nath Bharti (the Accused) and his Associates guilty of committing offences of rioting, voluntarily causing hurt, assaulting or…
Advocate Sushila
Advocate Sushila Ram 16 Jan 2021 11:06pm
SUPREME COURT REITERATES THE PRINCIPLES OF DOCTRINE OF SEPARABILITY OF ARBITRATION CLAUSE IN CONTRACTS
893 0 0
The #SupremeCourt has in a recent case of M/S. N.N. Global Mercantile Pvt. Ltd. Vs M/S. Indo Unique Flame Ltd. and Others passed a Judgment dated 11-01-2021 and reiterated the principles of #Doctrine of #Separability of #arbitration clauses/#agreements.To read more, please visit the link below:http://www.theindianlawyer.in/blog/2021/01/16/supreme-court-reiterates-the-principles-of-doctrine-of-separability-of-arbitration-clause-in-contracts/#doctrine…
Advocate Sushila
Advocate Sushila Ram 16 Jan 2021 10:58pm
SUPREME COURT GRANTS INTERIM STAY ON THE IMPLEMENTATION OF THE FARM LAWS
783 0 0
The #Farmers #Agitation that started on 09.08.2020 and continues till today against the three Laws, which are (1) Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, 2020 (2) Essential Commodities (Amendment) Act, 2020 (3) Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020 (‘Farm Laws’) was…
Advocate Sushila
Advocate Sushila Ram 16 Jan 2021 10:51pm
SUPREME COURT HOLDS THAT INCORPORATING ONE SIDED AND UNREASONABLE CLAUSES IN A BUILDER BUYER’S AGREEMENT CONSTITUTES AN UNFAIR TRADE PRACTICE
1263 0 0
The Three Judge Bench of the Hon’ble #SupremeCourt of India comprising of Justices Dr. Dhananjaya Y Chandrachud, Indu Malhotra and Indira Banerjee passed a Judgment dated 11-01-2021 in the case of Ireo Grace Realtech Pvt. Ltd. v. Abhishek Khanna & Others Civil Appeal No. 5785 of 2019 and held that incorporation of one-sided and unreasonable clauses…
Advocate Sushila
Advocate Sushila Ram 11 Jan 2021 6:30pm
ENFORCEMENT OF FOREIGN ARBITRAL AWARDS IN INDIA
742 0 0
A #foreign arbitral #award refers to the decision of an #international #arbitral #tribunal which also includes interim awards made thereunder. In India, enforcement and execution of arbitral awards are governed both by the Code of Civil Procedure, 1908 and the Arbitration and Conciliation Act, 1996.To read more, please visit the link below:http://www.theindianlawyer.in/blog/2021/01/11/enforcement-of-foreign-arbitral-awards-in-india/#arbitration…
Advocate Sushila
Advocate Sushila Ram 9 Jan 2021 6:23pm
SUPREME COURT HOLDS THAT A CONDITIONAL CONTRACT IS CONCLUDED WHEN THE CONDITION IS ACCEPTED ABSOLUTELY
1625 0 0
Recently, the #SupremeCourt of India in the case of Padia Timber Company (P) Ltd. v. Visakhapatnam Port Trust (2021 SCC Online SC 1), vide its Judgment dated 05-01-2021 held that the #acceptance of a #conditionaloffer with a further #condition results in a concluded #contract, until the offerer absolutely accepts the further condition proposed by the…
Advocate Sushila
Advocate Sushila Ram 9 Jan 2021 6:08pm
SUPREME COURT HOLDS THAT FIXING NOTIONAL INCOME FOR A HOMEMAKER IS IMPERATIVE FOR SOCIAL EQUALITY
838 0 0
The Three Judge Bench of the Hon’ble #SupremeCourt of India comprising of Justices NV Ramana, S Abdul Nazeer and Surya Kant passed a Judgment dated 05-01-2021 in the case of Kirti & Anr. Etc. v. Oriental Insurance Company Ltd. {Civil Appeal Nos. 19-20 of 2021 (Arising out of Special Leave Petition (C) Nos. 18728-29 of 2018)} and held that the #time…
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