The Supreme Court observed that the existence of a prior concert and a prearranged plan must be established to convict the accused by invoking Section 34 of the Indian Penal Code. In this case, the appellant was concurrently convicted under Section 302 read with Section 34 of the Indian PenalRead More →

The Supreme Court has ruled that Letters of Administration can be revoked on the ground that not all legal heirs have been involved in the petition under Section 276 of the Indian Succession Act for the grant of Letters of administration with attached will. In this case, the High CourtRead More →

The Supreme Court observed that a plaintiff cannot be expected to initially produce evidence to show that he had financial capacity unless such a case has been established in the Notice of Reply. of the accused. However, the defendant has the right to demonstrate that the plaintiff in a particularRead More →

The California Supreme Court has resolved a nearly 20-year-old disagreement over the burden-shifting test that applies to whistleblower retaliation claims. Since 2003, some courts have applied the framework set out in Labor Code Section 1102.6, while others have applied the test outlined in the U.S. Supreme Court decision McDonnell DouglasRead More →

Every day, American companies suffer a collateral effect from the proliferation of international arbitrations. Parties to these arbitrations use 28 USC § 1782 to issue subpoenas to US companies, seeking information that might be relevant to the underlying dispute. The use of § 1782 for international commercial arbitration depends onRead More →

If a check is returned by a bank with a “frozen account” notation, then that presumes the existence of the account, the Supreme Court observed in a recent case. The Court expressed surprise at the bank’s stand that no such account was maintained and operated by it, despite the checkRead More →

On February 8, 2022, the National College Players Association, an advocacy group for college athletes, filed a unfair labor practice charge with the National Labor Relations Board (NLRB), accusing the National Collegiate Athletic Association (NCAA), the Pacific-12 Conference (PAC-12), the University of California, Los Angeles (UCLA), and the University ofRead More →

On February 8, 2022, the National College Players Association, an advocacy group for college athletes, filed an unfair labor practice complaint with the National Labor Relations Board (NLRB), accusing the National Collegiate Athletic Association (NCAA), Pacific- 12 Conference (PAC -12), the University of California, Los Angeles (UCLA) and the UniversityRead More →

At least there must be factual support for what was alleged in the FIR, the Supreme Court observed in quashing the criminal charges against a woman. The complainant’s case as recorded in the FIR was as follows: the accused married the complainant’s brother on December 11, 2016, and thereafter beganRead More →

decision On January 27, 2022, the California Supreme Court ruled Lawson vs. PPG Architectural Finishes, Inc., #S266001, ___ Cal. 5th ____, a decision that decisively changed the burden on employers to defend against claims under California’s General Whistleblower Law – Section 1102.5 of the California Labor Code. Since approximately 2000,Read More →

On January 27, 2022, the Supreme Court of California, in Lawson vs. PPG Architectural Finishes, Inc. (Cal., Jan. 27, 2022) __P.3d__, 2022 WL 244731, clarified the standard of proof for bringing and evaluating retaliation claims under California Labor Code Section 1102.5 (“Section 1102.5 Claim of whistleblower retaliation”). Lawson involved aRead More →

Thursday, February 3, 2022 On January 27, 2022, the California Supreme Court rendered its opinion in Lawson vs. PPG Architectural Finishes, Inc., No. S266001, 2022 WL 244731 (Cal. Jan. 27, 2022), clarifying the legal standard for whistleblower retaliation claims under California Labor Code Section 1102.5 (“Section 1102.5”). Importantly, the Court’sRead More →

The steady growth of international trade has resulted in parties in different markets pursuing alternative approaches to dispute resolution in order to refrain from litigation, as its implementation in foreign parties is often difficult and slanderous, which has leads to the emergence of effective methods of dispute resolution such asRead More →

Keeping daughter-in-law’s jewelry for security reasons cannot constitute cruelty under Section 498A of the Indian Penal Code, the Supreme Court has said. A bench of judges Indira Banerjee and JK Maheshwari said failure to control an adult brother, live independently or give advice on how to adapt to one’s sister-in-lawRead More →

Keeping daughter-in-law’s jewelry for security reasons cannot constitute cruelty under Section 498A of the Indian Penal Code, the Supreme Court has said. A bench of judges Indira Banerjee and JK Maheshwari said failure to control an adult brother, live independently or give advice on how to adapt to one’s sister-in-lawRead More →

The Supreme Court observed that conviction using Section 149 of the Indian Penal Code (felony of belonging to an unlawful assembly) is not sustainable when the co-defendants have been acquitted, making the number of members of alleged unlawful assembly less than 5 and there is no unidentified accused in theRead More →