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The immunity granted by the moratorium order issued under Section 14 of the IBC can only be obtained by a corporate debtor and not by a natural person such as the present accused, who was the Director of the corporate debtor.
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A legal representative is one, who suffers on account of death of a person due to a motor vehicle accident and need not necessarily be a wife, husband, parent or child.
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The Court also held that the auction purchaser was not entitled to either ownership or leasehold rights in respect of the plot and could not claim to be a lessee as the lease in terms of the lease agreement entered into by the DDA was never executed.
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“The judicial discretion must be exercised to provide a fair and just maintenance amount, considering the dependent’s actual needs and the payer’s financial capability, even if the claim was initially understated.”
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“Remaining unemployed is one thing and sitting idle having qualification and prospect to earn is another thing and if a husband being well qualified sufficient enough to earn sits idle only to shift the burden on the wife should not only be deprecated, but also be discouraged.”
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The Court directed the State to instruct every applicant to append an annexure to the form, in explanation of the reason: “has become dangerous to life and property”, and show details how the tree has become dangerous to life and property.
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The homebuyers’ case was that almost 70-80% of the loan amounts under subvention schemes were disbursed by the banks to the builders-cum-developers as ‘first tranche’, without due diligence, despite project milestones not having achieved.
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“The accused persons had no knowledge that by asking the two employees to work on the sign board as part of the work of decoration of the frontage of the shop, such an act was likely to cause the death of the two deceased employees.”
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The Court upheld the Central Administrative Tribunal’s decision entitling appellants to be considered as part of the “initial constitution” of Sports Authority of India (SAI) as laid down in the 2022 Rules.
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For the purpose of transfer of any case or proceedings under Section 406 of the CrPC, the case must fall within the ambit of the expression “expedient for the ends of justice”.
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Earlier, the Court had permitted him to attend a ‘Fatiha’ ceremony of his father Mukhtar Ansari, who died on 28-03-2024.
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“Even if the suicide note is taken as correct and genuine, there was no act of incitement on the part of the accused persons proximate to the date on which the deceased committed suicide.”
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“The motive for the commission of the offence was absent and the same was very relevant as the case was based on circumstantial evidence.”
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Allahabadia and his associates were barred from airing any show on YouTube or any other audio/video visual mode of communication over India’s Got Latent Row.
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Fox & Mandal (Estd. 1896) hosted the session on “Arbitration in the MEASA Region: Roadmap to 2030” on 25th February during Riyadh Arbitration Week
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“There is no absolute bar on the Constitutional Courts to examine the proportionality of the punishment imposed on a Member while reviewing the validity of the action taken by the House.”
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“Let us collectively translate this wisdom into action and showcase the best legal template to the 21st-century world.”
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He proposed a two-stage process for establishing an Indo-Saudi Arbitration framework with first stage being mutual agreement, and second stage of inter country enforcement protocol which can be given the status of a treaty.
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“When one of the three circumstances was disbelieved and discarded by the High Court, then the chain of circumstantial evidence could not have been held to be complete and proved and on that basis to hold the accused guilty of the offence.”
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“The chargesheet submitted without permission from the Magistrate concerned to investigate the offence, cannot be rendered valid in terms of provision of Section 155 (2) of the Code of Criminal Procedure, 1973 which lays down that no police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial.”
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