In a recent judgment by the Supreme Court of India, the power of summoning additional accused was revisited. The case involved a detailed analysis of legal principles and precedents, shaping the decision-making process. This summary delves into the key aspects of the case, shedding light on the implications for future legal proceedings. https://lnkd.in/dNR3sM2X
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In a critical judgment, the Supreme Court of India in Vijay Laxman Bhawe vs. P & S Nirman Pvt. Ltd. reinforced that "entertaining an application filed by a stranger is totally unsustainable in law." This decision, delivered by Honorable Justice B.R. Gavai, underscores the importance of procedural integrity. This ruling sets a crucial precedent for ensuring that only directly involved parties can influence legal proceedings, thereby maintaining the sanctity of the judicial process. Dive into our detailed analysis to understand the profound impact of this judgment on future litigation in India. https://lnkd.in/gUkCkUMT
Entertaining an Application Filed by a Stranger is Totally Unsustainable in Law: Analyzing the Supreme Court's Stand in Vijay Laxman Bhawe vs. P & S Nirman Pvt. Ltd
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Today's the day! Don't miss out on the insightful discussion about Legal Insights and Strategies to combat Counterfeiting and Smuggling with Mr. PK Malhotra, Former Secretary of Law at the Ministry of Law & Justice, Government of India. Join us today at 7 pm!
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⏭️ Coming up next! ⏭️ Article 3 - The Law of Adverse Possession This A-3 is all about exploring Supreme Court of India's recent stance on on the Doctrine of Adverse Possession—balancing property rights and legal claims. Stay Tuned! 27th November 2024 at 12.30 p.m. #LegalInsights #AdversePossession #SupremeCourtofIndia
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'Delhi High Court Orders Return of Seized Items After Finding No Legal Proceedings under PMLA' The Delhi High Court's recent ruling in Mr. Mahender Kumar Khandelwal v. Directorate of Enforcement and Anr. addresses the unconstitutional extended property seizures under the Prevention of Money Laundering Act, 2002 (PMLA). It was decided that retaining seized property beyond 365 days without ongoing proceedings is confiscatory and violates Article 300A of the Constitution. This landmark judgment delineates the scope of s. 8(3) of the PMLA, emphasizing that seized property must be returned if not related to active legal proceedings, thus balancing investigation needs with constitutional property rights. This decision marks a significant step towards protecting individual rights against arbitrary state action. For a detailed understanding, please read the full article authored by our associate Mr. Aditya Gupta: https://lnkd.in/gEntvh3k #MetalegalAdvocates #MetalegalCourtRuling #PMLA #DelhiHighCourt #ConstitutionalRights #PropertySeizure #JudicialInterpretation #Article300A #LegalPrecedent
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In the notable case of Prem Raj v. Poonamma Menon, the Hon'ble Supreme Court of India ('Court') addresses the pivotal issue of whether criminal proceedings can persist in the face of a prior civil court ruling. Our associate Mr. Nitish Solanki explores this complex interaction between civil decrees and criminal prosecutions, highlighting the Court’s decision to quash criminal charges against Prem Raj following a civil decree that declared a disputed cheque as merely a security. This judgment reinforces the principle that civil court findings can preclude criminal actions on the same matters, advocating for legal consistency and respect for civil adjudications in criminal jurisprudence. The author’s analysis emphasizes the need for coherence in legal proceedings and the significance of the standard of proof differences between civil and criminal cases. Please read the full article here: https://lnkd.in/gpn6Ed-2 #MetalegalAdvocates #MetalegalCourtRuling #CivilLaw #CriminalLaw #SupremeCourtIndia #NegotiableInstrumentsAct #LegalInsights
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🎓 𝐀𝐫𝐭𝐢𝐜𝐥𝐞 𝟏𝟑𝟗𝐀 𝐨𝐟 𝐭𝐡𝐞 𝐈𝐧𝐝𝐢𝐚𝐧 𝐂𝐨𝐧𝐬𝐭𝐢𝐭𝐮𝐭𝐢𝐨𝐧 🎓 𝑷𝑶𝑾𝑬𝑹 The power to transfer certain cases is vested in the Supreme Court of India. 𝑱𝑼𝑹𝑰𝑺𝑫𝑰𝑪𝑻𝑰𝑶𝑵 The Supreme Court has jurisdiction over cases involving the same or substantially the same questions of law pending before it and one or more High Courts, or before two or more High Courts. 𝑪𝑶𝑵𝑫𝑰𝑻𝑰𝑶𝑵𝑨𝑳 The transfer of cases by the Supreme Court is subject to certain conditions, such as the questions being substantial questions of general importance. 𝑹𝑰𝑮𝑯𝑻 Parties to the cases pending before the Supreme Court or High Courts have the right to apply for the transfer of cases under certain circumstances. 𝑹𝑬𝑴𝑬𝑫𝒀 The remedy available to the Supreme Court is to withdraw cases pending before High Courts and dispose of them itself, or to transfer cases, appeals, or other proceedings pending before any High Court to any other High Court. 𝑷𝑹𝑶𝑪𝑬𝑫𝑼𝑹𝑬 The procedure involves the Supreme Court either withdrawing cases from High Courts and disposing of them itself or transferring cases, appeals, or other proceedings from one High Court to another.
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In Para 21 of the Judgment, it was observed “Before we part with the judgment, we must record some serious concerns based on our judicial experience. Case after case, we find that the arbitral proceedings have become synonymous with very bulky pleadings and evidence and very long, time consuming submissions, leading to very lengthy awards. Moreover, there is a tendency to rely upon a large number of precedents, relevant or irrelevant. The result of all this is that we have very long hearings before the Courts in Sections 34 and 37 proceedings. #supremecourtofindia #arbitration #process #judicialexperience #legaldeli https://lnkd.in/dAyk5HTg
SC observations on Arbitral Process need consideration
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Bombay High Court No person can indirectly introduce his/her case through submission of Evidence to the extent such person right to file a written statement is forefeited. Excerpts introduce his case. "In the absence of any specific provisions dealing with non-filing of written statements/forfeiture of the right to file a written statement, taking note of the general position as above, it can only be held that it should bar the opposite party in a proceeding before the Consumer Redressal Forums to bring in pleadings, indirectly to introduce its/his case and evidence to support such case." Case Title: Kaushik Narsinhbhai Patel & Ors. Versus M/s. S.J.R. Prime Corporation Private Limited & Ors., Civil Appeal No. 8176 of 2022 https://lnkd.in/gFZ-mfhX Source: livelaw
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The Madras High Court has ruled that a will over 30 years old, produced from proper custody, is presumed to be valid under Section 90 of the Indian Evidence Act. However, the presumption applies only to the execution, signature, and attestation, not the contents of the document, which must be separately proved. The court dismissed the appeal challenging the will’s validity and upheld the decision of the lower courts. ⚖️ #madraslaw #indianevidenceact #section90 #courtdecisions #legalnews #willdispute #propertylaw #lawupdate #justice
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The Madras High Court issued a warning on Thursday, stating that if the petitioner, who filed a case claiming the disappearance of his brother against Jaggi Vasudev’s Isha Foundation, fails to attend the court hearing, the case will be dismissed. The bench observed that C Thirumalai, the petitioner who lodged the Habeas Corpus petition following his brother’s disappearance, was absent during the day’s court session. . . Lawstreet Journal Isha Foundation #lsjjudiciary #lawstreetj #MadrasHighCourt #JaggiVasudev #IshaFoundation #LegalWarning #HabeasCorpus #CourtHearing #JudicialProcess #LegalProceedings #india #legalnews
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