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Judgement

Merely taking recourse to available statutory remedy of winding up, would not amount to contempt of Court

Merely taking recourse to available statutory remedy of winding up, would not amount to contempt of Court

Any member of a Company is entitled to apply to the Company Law Board (CLB) complaining that the affairs of the Company were being conducted in a manner prejudicial to the public interest or oppressive to any member or members including any one or more of themselves, for an order

In motor accident cases, calculation of notional income of homemakers must be based on their work, labour and sacrifices

In motor accident cases, calculation of notional income of homemakers must be based on their work, labour and sacrifices

Supreme Court while taking up motor accident dispute held that calculation of Notional Income of Homemakers must be based on their work, labour and sacrifices. In the motor accident case before Court, the wife was a Homemaker before her death. The contribution made by the wife to the house is

Powers of Magistrate to issue process and summons is matter of grave importance, to be exercised only after satisfaction that real case is made out

Powers of Magistrate to issue process and summons is matter of grave importance, to be exercised only after satisfaction that real case is made out

Upon receipt of a private complaint, the Magistrate must first, scrutinise it to examine if the allegations made in the private complaint, inter alia, smack of an instance of frivolous litigation; and second, examine and elicit the material that supports the case of the complainant. It is said that every

FIR lodged by deceased before his death, can be relied upon as his dying declaration

FIR lodged by deceased before his death, can be relied upon as his dying declaration

Deceased before his death gave FIR regarding the incident of attack by accused persons. Testimony of the Doctor who treated the deceased shows that the deceased was alive when an initial examination was undertaken by him. FIR lodged by the deceased, before his death, can be relied upon as a

Gender bias while considering claim for compassionate appointment is not permissible

Gender bias while considering claim for compassionate appointment is not permissible

Wife of the deceased employee seeking compassionate appointment on post Shramik in State Road Transport Corporation (ASPRTC). Claim for the compassionate appointment cannot be rejected, for reason that women lack the physical strength to perform tasks relating to post in Road Transport Corporation. Article 14 of the Constitution of India

Insolvency Proceedings cannot be affected by pendency of winding up proceedings

Insolvency Proceedings cannot be affected by pendency of winding up proceedings

The Supreme Court held that a petition for Insolvency resolution by operational creditor under Insolvency and Bankruptcy Code is independent proceeding which is unaffected by winding up proceedings that may be filed against the same company. Secured creditor stands outside the winding up and can realise its security dehors winding

Detention orders cannot be passed when offences alleged against detenu duly fall within scope of words â€œlaw and orderâ€

Detention orders cannot be passed when offences alleged against detenu duly fall within scope of words â€œlaw and orderâ€

Supreme Court has from time to time opined that there is a vast difference between “law and order” and “public order”. Offences that are committed against a particular individual fall within the ambit of “law and order”. It is only when the public at large is adversely affected by the