Bal Associates

Bal Associates Bal Associate is a legal firm in Jalandhar running by the family of law for the last 3 decades.

28/09/2022

The supreme court made history on 27/09/2202 as it reached the living rooms of citizens with simultaneous live-streaming of proceedings of three constitution benches through YouTube and other TV channels

01/07/2021

Case: R. Janakiammal vs. SK Kumarasamy (Deceased) [CA 1537 OF 2016]
Coram: Justices Ashok Bhushan and R. Subhash Reddy
Citation: LL 2021 SC 280

The Supreme Court of India on Wednesday 30 June,2021 observed that Hindu Joint Family even if partitioned can revert back and reunite to continue the status of joint family.

The bench comprising Justices Ashok Bhushan and R. Subhash Reddy observed that the acts of the parties may lead to the inference that parties reunited after previous partition.

14/06/2021

Title : India Resurgence ARC Pvt Ltd VS Amit Metaliks Ltd& Anr.
Bench : Justices Vineet Saran and Dinesh Maheshwari
Citation : LL 2021 SC 269

The Supreme Court has held that a dissenting secured creditor cannot challenge a resolution plan approved under the Insolvency and Bankruptcy Code(IBC) with an argument that higher amount should have been paid to it on the basis of the security interest held by it over the corporate debtor.

A division bench comprising Justices Vineet Saran and Dinesh Maheshwari observed that it is against the scheme of IBC to hold that a secured creditor is entitled to the amount in reference to its security interest.

29/05/2021

Case: Satbir Singh Vs. State Of Haryana [CRA 1735­-1736 OF 2010]
Coram: CJI NV Ramana, Justice Aniruddha Bose
Citation: LL 2021 SC 260

The Supreme Court observed that the phrase "soon before" as appearing in Section 304-B of the Indian Penal Code cannot be construed to mean 'immediately before'.

The prosecution must establish existence of "proximate and live link" between the dowry death and cruelty or harassment for dowry demand by the husband or his relatives, the bench comprising CJI NV Ramana and Aniruddha Bose observed.

The court also observed that Section 304­B, IPC does not take a pigeonhole approach in categorizing death as homicidal or suicidal or accidental.

22/05/2021

Risha Lodha v. Institute Of Chartered Accountants Of India & Anr.

Rajasthan High Court has set aside a 'vindictive' and 'extremely oppressive' decision of ICAI, cancelling the CA intermediate exam result of a 21-year old student over questioning exams
during covid-19.

HC held "The Institute which is adorned with enormous power to elevate or uplift the lives of vulnerable & struggling students, is required to practice greater restraint in invoking its powers especially against the students. Instant case called for not just restraint but absolute abstinence from initiating any action against the petitioner, particularly when she had submitted a beseeching response. But for the reasons best known to the Examination Committee, instead of burying the hatchet, it literally opened a battle-front and issued a notice to the petitioner."

The Court stopped short of imposing exemplary costs on the Institute but directed it to pay 20,000/- litigation cost to the Petitioner. It has declared her result, as passed, as submitted to it by the Institute in a sealed envelope.

17/05/2021

Case: Gautam Navlakha vs. National Investigation Agency [CrA 510 OF 2021]
Coram: Justices UU Lalit and KM Joseph
Citation: LL 2021 SC 254

The power under Section 167 of Code of Criminal Procedure can also be exercised by Courts which are superior to the Magistrate, the Supreme Court held in the judgment dismissing appeal filed by jailed activist Gautam Navlakha seeking default bail in the Bhima Koregaon case.

The bench comprising Justices UU Lalit and KM Joseph observed thus in the judgment: Though the power is vested with the Magistrate to order remand by way, of appropriate jurisdiction exercised by the superior Courts, (it would, in fact, include the Court of Sessions acting under Section 439) the power under Section 167 could also be exercised by Courts which are superior to the Magistrate.

14/05/2021

Case :- WRIT - A No. - 9594 of 2020
Title: Anuj Kumar v. State of UP

The Allahabad High Court has recently held that using criminal prosecution faced by a candidate as a juvenile to form an opinion about his suitability for appointment is arbitrary, illegal and violative of Article 14 of the Constitution of India. Moreover, holding that an employer cannot ask any candidate to disclose details of criminal prosecution faced as a juvenile, the Court has also held that the requirement to disclose details of criminal prosecutions faced as a juvenile is violative of the right to privacy and the right to reputation of a child guaranteed under Article 21.

12/05/2021

Title : Rahul Sharma and another vs National Insurance Company Ltd and others
Coram : CJI NV Ramana, Justices Surya Kant and Aniruddha Bose
Citation : LL 2021 SC 252

The Supreme Court has reiterated that addition of 40% income must be given towards future prospects while computing motor accident compensation if the deceased was self-employed and was aged less than aged 40 years.

"The Court in a Five Judge Bench decision in National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680,clearly held that in case the deceased is self­-employed and below the age of 40, 40% addition would be made to their income as future prospects. In the present case, the deceased was self-­employed and was 37 years old, therefore, warranting the addition of 40% towards future prospects", the Supreme Court observed.

08/05/2021

Case: Sanjay Kumar Rai Vs. State of Uttar Pradesh [CrA 472 OF 2021]
Citation: LL 2021 SC 246
Coram: CJI NV Ramana, Justices Surya Kant and Aniruddha Bose

The Supreme Court has held that orders framing charges or refusing discharge are neither interlocutory nor final in nature and are therefore not affected by the bar of Section 397 (2) of the Code of Criminal Procedure.

01/05/2021

There should not be any coercive action against any citizen for putting out an SOS call on social media seeking medical help for COVID, said the Supreme Court on Friday (30April, 2021)

The Court strictly said that contempt action will be taken against police officers who clampdown on citizens who ventilate their grievances with respect to COVID in public platforms.

"If citizens communicate their grievance on social media and internet, then it cannot be said that it's wrong information," observed Justice DY Chandrachud while hearing the suo moto case pertaining to COVID-19 related issues.

29/04/2021

The Punjab & Haryana High Court on Wednesday (28April, 2021) decided to extend all interim orders/ directions passed by it and Courts subordinate to it till June 30, 2021.

The order has been passed by the Bench of Chief Justice Ravi Shanker Jha and Justice Suvir Sehgal in suo moto proceedings initiated in view of the alarming increase in the COVID-19 pandemic and the grave situation that has arisen as a result thereof

" It is observed that the litigants are not able to get in touch with counsels who in turn are finding it difficult to prepare files and get the matters listed at an early date," the Court noted in its order."

24/04/2021

Justice NV Ramana took oath on Saturday as the 48th Chief Justice of India.

The President of India Ram Nath Kovind administered the oath to Justice Ramana.

As the CJI, Justice Ramana will have a term till August 26, 2022.

Before his elevation to the Supreme Court on February 17, 2014, Justice Ramana was the Chief Justice of the Delhi High Court.

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