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SUPREME COURT OF INDIA

Year of decision: 2020
Details

Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Recall of judgment holding contemnors guilty - Three identical recall applications were filed by three contemnors and in all applications correctness of judgment is questioned on many grounds - No recall application can lie on these grounds and proper remedy for contemnors is to file a review petition if so..........

BOMBAY HIGH COURT

Year of decision: 2020
Details

Land Acquisition Act, 1894, Section 4(1), 5A -- Acquisition of land - Acquisition proceedings - Right to file objection - S.5A of the Act confers a substantive right in favour of a person whose lands are to be acquired - If objection to acquisition proceedings are raised, same have to be adjudicated by indicating brief reasons which can demonstrate objective application of..........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Insolvency and Bankruptcy Code, 2016, Section 43 -- `Preferential transactions and relevant time' - Chapter III of Part II of Code - Relating to liquidation process, but such provisions being for avoidance of certain transactions and having bearing on resolution process too, by their very nature, equally operate over CIRP, and hence, RP is obligated, by virtue of..........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Criminal Procedure Code, 1973, Section 125 -- Maintenance - Plea of nullity of marriage - Re-marriage performed during pendency of appeal filed against decree of divorce - However, in the instant case re-marriage is not nullity as appeal from decree of divorce was filed after expiry of limitation to file appeal - Marriage contracted during pendency of an appeal from a..........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Guardians and Wards Act, 1890, Section 7, 8, 9, 10, 11 -- Custody of children - Interim arrangements made by Supreme Court while granting custody of children to mother with visitation rights to father taking into account interest of minor children as a paramount consideration being sufferers of matrimonial discord - Same cannot be found fault with - Said arrangements shall..........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Constitution of India, 1950, Article 226 -- Writ petition - Public auction of sand blocks - Appellant highest bidder and he deposited the amount - Possession of sand block not given - File for refund of money lost in transit - High Court thus, not justified in relegating appellant to file a suit - Order of High Court set aside - Respondent directed to refund entire amount..........

KERALA HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Mediation - Law as to : (i) Cases involving criminal offence not fit to be referred to mediation ; (ii) case u/s 138 of NI Act can be referred to mediation if parties are interested in referring the matter for mediation; (iii) it can be done only for the limited purpose of arriving at a settlement..........

RAJASTHAN HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement to the amended plaint by defendant No.1 whose right to file written statement was closed - By amendment of plaint it was defendant No.2 who was added and consequential amendments in that regard were made and no additional averment was made with regard to defendant No.1 - After amendment of plaint, defendant..........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing within statutory period - Provision of O.8.R.1 CPC is directory but it cannot be interpreted to bestow a free hand to a litigant to file written statement at his own sweet will and/or to prolong the lis - Delay can be condoned in extreme hardship or delays occurring due to factors beyond control..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 17, Rule 3 -- Once previous suit has been dismissed U.O.17.R.3 CPC and a decree sheet has been drawn, remedy for party was to file appeal and not to file a fresh suit...........

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