a) An LLP, though not a signatory, is inherently connected to the LLP Agreement and its arbitration clause. b) The LLP’s operations and the partners’ mutual rights and duties are governed by the L...
Binding Amendment Requires Consensus on Essential Terms: – For a binding amendment to a development agreement, the parties must reach consensus ad idem on all essential terms, including the plot...
Procedural Lapses in NDPS Act Compliance: The Bombay High Court granted bail to four accused in a narcotics case due to non-compliance with the mandatory procedures under the NDPS Act, particularly th...
Employer's failure to fulfill its duty to inform and assist bereaved families in submitting applications within limitation cannot be held against the applicants. Procedural delays caused by the depar...
Section 5A of the Land Acquisition Act, 1894 – Mandatory provision for hearing objections before land acquisition. Non-compliance renders acquisition invalid. Section 17 of the Land Acquisition Act,...
The Court exercised its discretion in setting aside the assessment order due to the Petitioner’s procedural lapse, emphasizing that such indulgence would not set a precedent for future cases without...
High Court Clarifies Partition Rights in Joint Family Property, Rejects Prior Partition Claims Presumption of Joint Family Property: The Court held that in the absence of evidence of partition by met...
On the Issue of Deemed Dealer: The Court held that SASF was a “deemed dealer” under Section 2(8) of the MVAT Act. The Court found that SASF fell under clause (x) of the Explanation to Section...
High Court exercised jurisdiction under Article 226 of the Constitution to quash criminal proceedings—Emphasis on abuse of process of law—No bar under Code of Criminal Procedure, 1973, Section 482...
Counter-claims must generally be filed before the framing of issues; exceptional circumstances allowing later filing were absent in this case. Judicial discretion should prevent substantial alteratio...
