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 →
OThe akf properties across the country constitute a land bank just behind the railways. The same are of the nature of a permanent devotion to religious and charitable ends. Legal provisions contained in the Wakf Laws of 1954 and 1995 provided for a survey of all Wakf properties. Statement ofRead 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 →
It’s not every day that our state’s highest court has the opportunity to rule on the scope of NC Gen. Stat. § 75-1.1. Last month, the North Carolina Supreme Court issued an important opinion on two well-known exemptions from liability under the law: the Securities Exemption and the Internal CommercialRead 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 →
SINGAPORE: The Court of Appeal on Monday (February 28th) upheld a lower court’s decision to dismiss three challenges to Section 377A of the Penal Code, which criminalizes sex between men. The challenges were taken up by: disc jockey Johnson Ong Ming, retired general practitioner Roy Tan Seng Kee and BryanRead More →
In their separate opinions, three judges voted against the constitutionality of Article 29, which allows the detention of a suspected terrorist even without a judicial arrest warrant. It also allows for a longer detention period of 14 to 24 days without charge or arrest warrant. By ANNE MARXZE D. UMILRead 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 →
Image source: PTI (FILE). Hijab controversy: Article 144 imposed in Udupi, Karnataka, from February 14 to 19. Strong points Udupi District Administrator has imposed CrPc Section 144 restraining orders Sec 144 to be imposed in areas around all secondary schools from February 14 to February 19 The move is partRead 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 →
After the High Courts of Delhi and Allahabad, the High Court of Rajasthan is the latest to quash tax notices issued under Section 148 of the Income Tax Act after April 1, 2021, and also to confirm the decision of the single judge in a similar case. Meanwhile, the Centre’sRead More →
Provincial utility Hydro-Quebec has halted construction on the Canadian section of a transmission corridor that would connect to the now stalled $1 billion New England Clean Energy Connect project in Maine. The utility had begun work on the 60-mile Appalachian-Maine interconnection from a substation near Thetford Mines on a routeRead More →
BENGALURU: Reiterating that breach of promise of marriage does not amount to cheating under Section 420 of the Indian Penal Code, Karnataka High Court has quashed charges against Bengaluru man and members of his family. “This court has already ruled in (the) Dr. Ramesh Sinha v. State of Karnataka thatRead More →
The Delhi High Court on Monday continued to hear a batch of petitions challenging the exception to section 375 of the Indian Penal Code, which exempts a man’s forced sex with his own wife from the offense of rape. Senior Counsel Rebecca John appearing as amicus curiae in the caseRead 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 →
Article 5 of the statute of limitations does not apply to the bringing of a civil action in the civil court, the Supreme Court said in a judgment on Friday (January 21, 2022) The court complied with this by quashing a judgment rendered by the NCDRC in which it hadRead More →
The Royal Courts of Justice (Photo: Gary Brigden) How ordinary residence is determined for mental health tracking remains unclear, although the government has won a court ruling over its sweeping new approach to the issue. Last month, the Court of Appeal partially accepted the new policy, under which responsibility forRead More →
New Delhi: The 2022 budget will be announced on February 1 by Finance Minister Nirmala Sitharaman. Presented under Article 112 of the Indian Constitution, it is the most significant financial event of the entire financial year. This year, hopes are even higher as the world steps one step away fromRead More →
The Supreme Court of India has observed that the fundamental right of personal freedom to travel abroad cannot be denied to a person just because he is accused in a 498A complaint filed by his brother’s wife against his brother and his family, especially when the allegations against him doRead 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 →