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livelaw.in • Law • India
The Supreme Court of India clarified the distinctions between gift deeds, settlement deeds, and wills, emphasizing the timing of property transfer as the key differentiator.
livelaw.in • Law • India
The Bombay High Court ruled that the arbitral tribunal, not the court, should adjudicate substantive objections to the validity of an arbitration agreement under Section 16 of the Arbitration Act.
livelaw.in • Law • India
The Supreme Court of India overturned a Calcutta High Court order mandating a CBI investigation into the creation of supernumerary posts by the West Bengal government to accommodate allegedly illegal appointees in the 2016 WB SSC recruitment scandal.
livelaw.in • Law • India
The Supreme Court of India affirmed the power of Writ Courts to strike down subordinate legislation violating fundamental rights, even suo motu, but cautioned against its frequent use.
livelaw.in • Law • India
The Supreme Court of India sternly warned police across the country to adhere to arrest guidelines, threatening strict action against violations.
livelaw.in • Law • India
India's Draft Arbitration and Conciliation (Amendment) Bill, 2024, aims to modernize arbitration practices but faces criticism over its potential impact on foreign investment and its unclear provisions on interim relief and time limits.
livelaw.in • Law • India
The Supreme Court of India ruled that prosecution under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, is permissible even with a single FIR or charge sheet if the crime involves anti-social activities as defined in the Act.
livelaw.in • Law • India
The Supreme Court of India established four key principles for determining when an entire selection process should be nullified due to irregularities, emphasizing the need for a thorough investigation and considering the balance between upholding process integrity and avoiding undue hardship to unaffected candidates.
livelaw.in • Law • India
Justice Nariman's revival of the doctrine of 'manifest arbitrariness' has significantly impacted Indian constitutional law, leading to the striking down of several legislative provisions deemed unreasonable or discriminatory.
livelaw.in • Law • India
The Supreme Court of India ruled that a suit for specific performance of a cancelled sale agreement is not maintainable without a prior declaration challenging the cancellation's validity.
livelaw.in • Law • India
The Supreme Court of India ruled that a wife's reputation can be harmed by defamation against her husband, acknowledging the concept of a shared 'family reputation'.
livelaw.in • Law • India
The Supreme Court of India upheld the principle of using the highest sale exemplar for land acquisition compensation, increasing the award for land acquired in Haryana.
livelaw.in • Law • India
The Supreme Court of India ruled that a Section 65B certificate for electronic evidence can be submitted at any stage of a trial, overturning a Karnataka High Court decision in the 2008 Bangalore Blasts case.
livelaw.in • Law • India
Supreme Court Justice BV Nagarathna highlights the need for introspection within the legal field to understand why many women leave the profession, emphasizing the impact of gendered prejudices and systemic issues.
livelaw.in • Law • India
The Supreme Court of India ruled that not being served a Section 21 notice or included in a Section 11 application doesn't prevent someone from being added to arbitration proceedings if they are party to the arbitration agreement.
livelaw.in • Law • India
The Allahabad High Court ruled that a mother-in-law who experiences harassment or torture from her daughter-in-law can file a complaint under the Protection of Women from Domestic Violence Act.
livelaw.in • Law • India
The Supreme Court of India clarified that courts can alter or add charges under Section 216 of the Code of Criminal Procedure even after reserving judgment, ensuring a fair trial without causing undue prejudice to the accused.
livelaw.in • Law • India
The Delhi High Court's recent upholding of an arbitral award in the Airports Authority of India case reinforces the importance of minimal judicial intervention in arbitration, promoting confidence in India's arbitration process.
livelaw.in • Law • India
The Foundation for Media Professionals (FMP) filed an intervention application with the Supreme Court of India supporting a petition challenging communication blockades and media restrictions in Kashmir.
livelaw.in • Law • India
The Allahabad High Court ruled that freedom of expression on social media does not absolve individuals from responsibility for their words, upholding a case against a woman accused of online abuse.
livelaw.in • Law • World
Safe harbor provisions, legal immunities for online platforms hosting user-generated content, are analyzed across various jurisdictions, highlighting the global debate on balancing innovation and accountability.
livelaw.in • Law • India
This article analyzes the ambiguous use of the term "anti-national" in Indian law, highlighting its lack of clear definition and potential for arbitrary application.
livelaw.in • Law • India
A film producer has petitioned the Indian Supreme Court to establish a Media Tribunal to regulate misinformation, hate speech, and breaches of privacy in media.
livelaw.in • Law • India
The Supreme Court of India ruled that an application to recall a compromise decree due to fraud can be filed before the court that issued the decree.
livelaw.in • Law • India
The Delhi High Court ruled that property seized by the Enforcement Directorate under the Prevention of Money Laundering Act must be returned if the investigation exceeds 365 days without resulting in any proceedings.
livelaw.in • Law • India
The article analyzes the legal requirements and judicial interpretations of the 'reasons to believe' clause within India's Prevention of Money Laundering Act, 2002, highlighting its role as a check on the Enforcement Directorate's powers.
livelaw.in • Law • India
The Madras High Court delivered 525 significant judgments in 2022, covering diverse legal issues impacting various aspects of Indian society.
livelaw.in • Law • India
The Punjab and Haryana High Court upheld the Enforcement Directorate's seizure of assets from Vuenow Infotech Pvt. Ltd., rejecting the company's challenge to the investigation of its alleged involvement in a cloud particle investment scam.
livelaw.in • Law • India
The Calcutta High Court clarified the Enforcement Directorate's powers under the Prevention of Money Laundering Act, emphasizing the necessity of a 'quartet-test' involving search, seizure, proceeds of crime, and money-laundering for legal action.
livelaw.in • Law • India
The Supreme Court of India questioned whether money laundering can be presumed without proving knowledge of proceeds of crime, leading to a discussion on the legal definition and implications of acquittals in money laundering cases.
livelaw.in • Law • India
The Indian government's ban on Asianet News and Media One TV for their reporting on the Delhi riots is legally flawed due to vague reasoning and disproportionate penalties.
livelaw.in • Law • India
The Supreme Court dismissed Amnesty International India's challenge to the Enforcement Directorate's freezing of its bank accounts, deferring the challenge to the provisional attachment order.
livelaw.in • Law • India
The Gujarat and Karnataka High Courts have suspended the recruitment process for Civil Judges, awaiting the Supreme Court's decision on the minimum practice requirement for applicants.
livelaw.in • Law • India
Asianet News filed a plea with the Kerala High Court alleging police harassment after reporting on child drug abuse.
livelaw.in • Law • India
This legal article analyzes the legality of police obtaining specimen signatures and handwriting from accused persons during investigations in India, considering various laws, court precedents, and constitutional rights.
livelaw.in • Law • India
Justice D.Y. Chandrachud highlights the systemic nature of casteist, ableist, and gendered discrimination in India, emphasizing the need for inclusive representation beyond mere legal interventions.
livelaw.in • Law • India
The Kerala High Court ruled that a mother cannot be forced to choose between motherhood and employment, emphasizing the fundamental right to dignity as a mother and urging the state to enact legislation protecting employees from family responsibility-based discrimination.
livelaw.in • Law • India
The Kerala High Court highlighted the need to address intersectional discrimination against women in a new workplace protection law, prompted by the Hema Committee Report's findings on the Malayalam film industry.
livelaw.in • Law • India
The Delhi High Court dismissed a petition due to forum shopping, emphasizing that the dispute should be handled by the appropriate court in Tamil Nadu where the cause of action originated.
livelaw.in • Law • India
The Supreme Court of India criticized excessively long submissions in arbitration proceedings under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996, advocating for time limits to improve efficiency.
livelaw.in • Law • India
An Indian woman received a one-week prison sentence and a fine for her derogatory remarks against the Bombay High Court judges.
livelaw.in • Law • India
An Indian consumer court ruled that the burden of proof in consumer cases rests with the complainant, dismissing a case due to insufficient evidence.
livelaw.in • Law • India
The Supreme Court of India reserved its judgment on whether providing written grounds for arrest is mandatory before or immediately after arrest in all cases, stemming from a hit-and-run case.
livelaw.in • Law • India
The Rajasthan High Court overturned the punishment of a constable found allegedly intoxicated on duty, citing the disciplinary authority's failure to provide sufficient reasoning in their decision.
livelaw.in • Law • India
The Andhra Pradesh High Court ruled that quasi-judicial authorities must provide reasoned orders, and the court can intervene if an order contains manifest errors.
livelaw.in • Law • India
The Supreme Court of India overturned a Patna High Court ruling that ordered the relocation of a toll plaza on National Highway 30, citing fairness and adherence to Article 14 of the Indian Constitution.
livelaw.in • Law • India
The Supreme Court of India has definitively ruled on the registration exemption for sale certificates issued under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI).
livelaw.in • Law • India
The Kerala High Court ruled that goods cannot be detained under the GST Act if a bona fide dispute exists regarding the tax rate.
livelaw.in • Law • India
The Kerala High Court ruled that penalties under Section 129 of the CGST/SGST Act apply only to intentional tax evasion or repeated violations, not minor discrepancies.
livelaw.in • Politics • India
This article examines the controversy surrounding the Telangana government's response to perceived media hostility, focusing on accusations of intolerance and the resulting actions against certain news channels.
livelaw.in • Politics • India
The Indian government's freezing of Amnesty International India's bank accounts has forced the organization to suspend operations, prompting accusations of silencing dissent.
livelaw.in • Politics • India
Justice A.P. Shah's M.N. Roy Memorial Lecture examines the complex interplay between free speech, nationalism, and sedition in India, highlighting concerns about the suppression of dissent and the misuse of sedition laws.
livelaw.in • Legal • India
The Supreme Court dismissed Teesta Setalvad's plea to unfreeze her bank accounts, upholding a Gujarat High Court order amidst an ongoing investigation into alleged misappropriation of funds.
livelaw.in • Legal • India
The Karnataka High Court upheld the Enforcement Directorate's freeze of Inditrade Fincorp's bank accounts due to suspected links to Chinese entities involved in a loan disbursement scheme under investigation for money laundering.
livelaw.in • Taxation • India
The Central Board of Indirect Taxes and Customs (CBIC) in India issued several clarificatory circulars on GST, addressing ITC mismatches, transportation of goods outside India, taxability of 'No Claim Bonus', and statutory dues under IBC.