Disha Law Firm

Interim Order In Writ Petition Challenging SARFAESI Proceedings Should Generally Not Be Passed Without Hearing Secured Creditors: SC

The bench comprising Justices L. Nageswara Rao, Hemant Gupta and Ajay Rastogi opined that though the High Courts are well aware of the limitations in exercising their jurisdiction when affective alternative remedies are available, but a word of caution would still be necessary for the High Courts. [C. Bright v. District Collector, CIVIL APPEAL NO. …

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Digital Ecosystem Needs Legal Framework Says Union Law Minister At JGU Conference

“Technology is going to be play a very crucial role in the future of Law Education and India must play a leading role in the international legal system,” said Ravi Shankar Prasad, Minister for Communications, Electronics & Information Technology and Law & Justice in his inaugural address for the global academic Conference on the theme …

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CHEQUE BOUNCE/DISHONOR [Section 138 of the NI Act,1881] When the intention Of drawer to not make payment is clear, drawee need not wait for 15 days to file a complaint: Allahabad High Court

The bench of Justice Dr. Kaushal Jayendra Thaker observed that proviso (c), which prescribes the fifteen days period, is to see the bona fide of the drawer of the cheque and is with a view to grant him a chance to make the payment. It said “The only object of proviso (c) to Section 138 …

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Mere Insult Of A Person Is Not An Offence Unless It’s On Account of Him/Her Belonging To SC-ST: SC

Referring to the provisions of the SC & ST (Prevention of Atrocities) Act the bench, comprising Justices Hemant Gupta and Ajay Rastogi observed that all insults or intimidations to a person will not be an offence under the Act unless such insult or intimidation is on account of victim belonging to Scheduled Caste or Scheduled Tribe. …

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Objectionable Post Against CM Yogi Adityanath: Allahabad High Court Grants Bail On The Condition That Accused Won’t Use Social Media For 2 Yrs

The Allahabad High Court granted bail on Monday (02nd November) to a person accused of making objectionable remarks against the Chief Minister Yogi Adityanath and other public representatives on the condition that he will not use social media for a period of two years or till the conclusion of the trial before the Trial Court, …

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Supreme Court Issues Guidelines On Payment Of Maintenance In Matrimonial Matters

In a significant, judgment, the Supreme Court has issued guidelines on payment of maintenance in matrimonial matters. The bench comprising Justices Indu Malhotra and R. Subhash Reddy held that maintenance in all cases will be granted from the date of filing the application for maintenance. “For enforcement/execution of orders of maintenance, it is directed that …

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Consumer Complaint By Allottee Against Builder Not Barred By RERA Act : SC

The Supreme Court has held that a complaint before Consumer Forum by allottees against developers isn’t banned by the Real Estate (Regulation and Development) Act, 2016. For this situation, the complainants who had booked apartments by executing Builder Buyer Agreements in 2013, had moved towards the Consumer Commission which permitted their objection and ordered refund …

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Power U/s 41A CrPC Cannot Be Used To Intimidate, Threaten Or Harass

The Supreme Court Has Stayed Bearing To A Delhi Inhabitant Blamed For Making An Objectional Facebook Post Against West Bengal Government, To Show Up Prior To Researching Official In West Bengal Because Of A Notification Gave Under Segment 41A Of The Code Of Criminal Procedure .Discerning As The Court Is Of The Hidden Standards Which …

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