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LATEST CASES REPORTED IN SUPREME COURT OF INDIA, MAY 2019

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LATEST CASES  REPORTED 2019 SCC Vol. 4 May 14, 2019 Part 4 SUPREME COURT CASES Arbitration Act, 1940 — S. 20:  Appointment of arbitrator qua disputes relating to an unregistered partnership firm, not permissible. [Bhagwan Das Goel v. Pyare Kishan Agarwal, (2019) 4 SCC 731] Armed Forces — Promotion — Selection post:  Challenge to promotion to post of Army Commander from rank of Lt. General, on ground that said post was selection post but R-3 and R-4 were appointed on basis of seniority, not sustainable. [Ravi Dastane v.  Union  of India, (2019) 4 SCC 747] Constitution of India — Art. 136 — Ram Janmabhoomi/Babri Masjid suit:  As Ram Janmabhoomi/Babri Masjid suit is dispute as to ownership of land on which stood place of worship, there is need of undisputed, accurate, correct translations of voluminous oral evidence and documents in various languages, for undisputed hearing. Hence, directions issued regard...

WHY GODSE KILLED GANDHI: THE LAST STATEMENT OF NATHURAM GODSE in Court. | 5 MAY 1949 |

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Nathuram Godse was arrested immediately after he assassinated Gandhiji, based on a F.I.R. filed by Nandlal Mehta at the Tughlak Road Police staton at Delhi . The trial, which was held in camera, began on May 27, 1948 and concluded on February 10, 1949. He was sentenced to death. An appeal to the Punjab High Court, then in session at Simla, did not find favour and the sentence was upheld. The statement that you are about to read is the last made by Godse before the Court on the May 5, 1949. Such was the power and eloquence of this statement that one of the judges, G. D. Khosla, later wrote, “I have, however, no doubt that had the audience of that day been constituted into a jury and entrusted with the task of deciding Godse’s appeal, they would have brought a verdict of ‘not Guilty’ by an overwhelming majority” Godse at his trial for the murder of Mahatma Gandhi in 1948 WHY I KILLED GANDHI - Nathuram Godse Born in a devotional Brahmin family, I instinctively came to revere Hind...

Short Note on NBFC

Short Note on "NBFC" :- 1.NBFC is engaged in the business of loans and advances, acquisition of shares/stocks / bonds /debentures /securities issued by the government, insurance business, chit business, and other Specified Activities. 2.NBFC must create a reserve in which minimum 20% of its net profit must be transferred before the declaration of any dividend to its members. 3.100% FDI is allowed in NBFC sector. 4.NBFC does not accept Demand Deposits. 5.NBFC does not have a Bank license. 6.NBFC does not maintain SLR and CRR (Ratios). 7.NBFC does not Involve in Creation of Credit. 8.NBFC does not provide Overdraft Facility. 9.NBFC can be an Asset Finance Company or Loan Company or Investment Company. 10.NBFC should be incorporated under Companies Act, 2013 or any previous company law. 11.In addition, it is necessary to get approval from RBI. 12.In few circumstance, NBFC is required to be registered under SEBI. 13.No Ombudsman can Complain Against NBF...

Punjab High Court Restrained From Appointing Civil Judges Without Nod

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The Supreme Court was hearing the plea filed by 92 aspirants to the post of Civil Judge (Junior Division) in Haryana. They alleged that 1,282 examinees, who had qualified the preliminary tests, appeared for the mains and out them only 9 were selected for the interview against a total 107 vacancies.   The Supreme Court Monday directed the Punjab and Haryana High Court Registry not to appoint any civil judge in Haryana without its nod and summoned the Registrar General with all the selection records pertaining to the exams held to fill 107 posts in lower judiciary. The top court was hearing the plea filed by 92 aspirants to the post of Civil Judge (Junior Division) in Haryana. They alleged that 1,282 examinees, who had qualified the preliminary tests, appeared for the mains and out them only 9 were selected for the interview against a total 107 vacancies. "Issue notice, returnable on May 3. The Registrar General of the High Court of Punjab and Haryana will be present with the recor...

New Product

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Complete Digest of Supreme Court Cases, Vol 48, Ed 2019. ₹ 1,450.00 Complete Digest of Supreme Court Cases, Vol 48 by Surendra Malik and Sudeep Malik Edition: 2019 Product Details: Format: Hardbound Pages: 968 pages Publisher: Eastern Book Company Language: English ISBN: 9789388206563 Dimensions: 24.5*18*4.5cms Shipping Weight: 1.637(Kg) Publisher Code: AC/656 Date Added: 2019-04-02 Search Category: Lawbooks Jurisdiction: Indian Overview: Volume 48: The Digest covers the case law on the subjects upto (2018) 16 SCC [( Housing & Real Estate: Taxation to Particular Statue/ Norms/ Rules/ Orders) and on the subject of Human and Civil Rights:(Generally to Right to Reputation)]. This unparalleled work is unique and path breaking covering special arrangement of case law on Housing And Real Estate and Human And Civil Rights up to (2018) 16 SCC. This Volume 48 is thus splendidly arranged while incorporating General principles to Cooperative Housing/Housing Soc...

DAILY  LEGAL UPDATES

*DAILY  LEGAL UPDATES - WHATSAPP MESSAGE - SAVE No.  +918146432340 AND SEND WHATSAPP MESSAGE `JOIN ME'.* *(31.07.2018)* Cross examination - Recall of a witness for further cross examination - Disclosure of proposed questions - Aspects on which a party will further cross examine a witness has to be indicated - Disclosing specific questions is one thing, indication of the aspects on which party wants further cross-examination is quite another thing - In such case, no prejudice will be caused to the party seeking summoning of the witness for further cross-examination. (T&A) LawMirror.com File No.53728 Irretrievable breakdown of marriage - Merely because parties are living separately for more than 7 years and there is no possibility of their reunion, by itself is no ground of irretrievable breakdown of marriage as it is not a ground for dissolution of marriage under the Act - Divorce petition dismissed. (Rajasthan) (DB) LawMirror.com File No.53697 Maintenance - Cancellat...

CONSTITUTIONAL VALIDITY OF SUICIDE: IPC SECTION 309 VS ARTICLE 21

CONSTITUTIONAL VALIDITY OF SUICIDE:IPC SECTION 309 VS ARTICLE 21 Constitutional Validity Of Suicide:  IPC Section 309 Vs Article 21 Nowadays Suicide has become a major problem in our country. The rate of suicide is increasing day by day. There are many reasons to commit a suicide.  Life is very complex in nature. There are many reasons to commit a suicide. It can be mental, physical, spiritual, political etc. For example, farmers are committing suicide because the government is not fulfilling their demands and they are not able to earn their bread and butter. Some are committing suicide due to pressure from relatives, friends, colleagues etc. Life is full of worries and tensions. It depends on how we face the hurdles and overcome the barriers in the life. Law from time to time has trying to overcome this problem but most times fail to do so.Although section 309  in the IPC has provided punishment for the person who attempts to commit suicide, but still the ...