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Corporate Veil- Court- Trial- Judge.jpg

[Chain of Circumstances] SC: Guilt of Accused must be established by Prosecution beyond Reasonable Doubt [Read Judgment]

HC sensitizes Trial Courts regarding importance and significance of timely disposal of injunction applications [Read Judgment]

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HC Expounds: Women belonging to Reserved Category can contest Election for Seat of Member available for General Category [Read Judgment]

HC Reiterates: Responsibility towards Wife and Children not only Statutory but also Social and Moral, Man cannot be allowed to deflect from it [Read Judgment]

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HC Enunciates: A nexus has to be established between Property and Offence in order to empower Police Officer to seize it u/S. 102 Cr.P.C. [Read Judgment]

HC Expounds: A person ineligible to act as an Arbitrator u/S. 12 (5) of the A&C Act cannot participate in selection or nomination of another Arbitrator [Read Judgment]

GST

HC: Not Filing GST Returns isn't a reasonable ground to reject License Application for a Business that's yet to commence [Read Judgment]

HC directs DLSA Secretaries to conduct surprise visits to Jails for assessing Prison Conditions [Read Judgment]

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, PIC BY:
HW News

HC Expounds: Using Caste name during an altercation is not an offence, unless there is an Intention to Insult or Humiliate other person [Read Judgment]

Order-Order-gavel

HC: Decree in a previous matter could not be materialised, the petitioners cannot be alleged of having committed a Criminal Offence [Read Judgment]

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HC Expounds: ‘Chokad’ or Wheat Bran is exempted from VAT under the Value Added Tax Act, 2004 without any condition [Read Judgment]

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HC Enunciates: Court doesn't and can't act as an Appellate Authority to examine correctness, suitability, and appropriateness of Govt.’s Policies [Read Judgment]

Employment Law.PNG

HC Expounds: Not every Conviction and Sentencing of an Employee leads to their Automated and Mechanical removal from Service [Read Judgment]

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HC Reiterates: Magistrate can pass a Residence Order on being satisfied that Domestic Violence has taken place [Read Judgment]

Custodial Death

HC expresses disappointment with Medical Personnel for helping State Authorities in covering up their Negligence Custodial Death Case [Read Judgment]

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HC Expounds: Any Departmental Inquiries initiated Post-Retirement shall be deemed illegal [Read Judgment]

Forest Land.jpeg

Since appellant had not consented to amount of compensation for his acquired land, he was entitled to benefits including interest, concludes HC [Read Judgment]

Punjab and Haryana High Court

HC Opines: ‘It has become a trend to lodge false FIRs just to satisfy one’s own ego’ [Read Judgment]

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HC directs Department to issue clarification stating that ‘Byahut Kalwar’ is a sub-case under ‘Kalwar’ in the Central List for Backward Classes of Odisha [Read Judgment]

Forensic Science Laboratories

HC directs Forensic Science Laboratory (FSL) to explain casual drafting of Report [Read Judgment]

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HC Expounds: S. 147 of NI Act empowers Court to compound offence after recording of Conviction [Read Judgment]

Jagannath Temple

HC directs Administrator of Jagannath Temple for Execution and Registration of Sale Deed in favor of the Petitioner [Read Judgment]

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HC Reiterates: Accused has Right to a Speedy Trial and also for Speedy Disposal of his appeal [Read Judgment]

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HC Expounds: Police Escort meant for dealing with people jumping bail even after furnishing bonds and charges for same can't be exorbitant [Read Judgment]

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Veterinary Officers are at par with Medicos, benefits can't be refused on ground that they deal with Animals, says HC [Read Judgment]

Issue of Drugs is not just a law-and-order problem, but has become a serious Social Issue, says HC [Read Jugdment]

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Rigors of Limitation Act apply equally to all including Government, opines HC [Read Judgment]

Party Symbols on EVM's

HC Enunciates: Losing records not a valid justification to not submit accounts of expenses incurred during Elections [Read Judgment]

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HC Expounds: Sale Deed is a relevant factor for determining value of land for Acquisition [Read Judgment]

order

HC Opines: Discretion to act as a Civil Court to decide pleas of Adverse Possession is a Judicial Discretion & cannot be used Arbitrarily [Read Judgment]

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'No Work, No Pay' principle cannot be applied when Employee is willing to work but is prevented by Employer unlawfully, reiterates HC [Read Judgment]

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HC holds Insurance Company liable and increases Compensation Amount for death of a 14-year-old [Read Judgment]

HC: When issuance of Insurance Policy remains undisputed, only validity of cancellation is disputed, Interest of third-party shouldn't be allowed to suffer [Read Judgment]

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HC Enunciates: Water belongs to State and not Villagers who use it or any other individual [Read Judgment]

National Medical Commission- Doctors-Hospital

HC directs State to be more serious and assess wholistic impacts of a Policy change in Health Sector [Read Judgment]

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HC Enunciates: Directions to pay compensation for dishonor of cheque should be practical and realisti [Read Judgement]

HC Opines: Fact that child was brought up by his mother in her Tribal Community has to be considered when giving a Caste Certificate, Read Judgment

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HC: Couple having access to each other is Conclusive Proof of baby’s legitimacy to attract presumption u/s 112 of Evidence Act, Read Judgment

Orissa High Court, pic by: Sentinel Assam

HC Reiterates: Exception to the Doctrine of Promissory Estoppel is that the individual had “knowledge” about the truth/fact of the matter, Read Judgment

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HC: Forged Residence Certificate can amount to disqualification, even when the permanent residence requirement was held unconstitutional, Read Judgment

Cheque Cases

HC Enunciates: Notice u/s 138 N.I. Act can't be termed defective merely on claim of miscellaneous expenses along with Cheque Amount, Read Judgment

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[Article 226] HC: Administrative Decisions of Government can't be probed by Court unless malafide intention can be inferred, Read Judgment

Last-Seen Theory in itself isn't sufficient: HC acquits Life Convict in a Double Murder Case, Read Judgment

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HC favors Right of Accused to a Fair Trial over considerations of delay, allows petitioner to Cross-Examine witness after 26 years u/S. 311 CrPC, Read Judgment

Orissa High Court, pic by: Sentinel Assam

No Evidence of Criminal Intent; HC quashes the criminal case against 146 petitioners for congregating during COVID, Read Judgment

Cheque Bounce Case-Negotiable Instrument Act.jpg

HC Reiterates: S. 145 N.I. Act provides complete freedom to complainant either to give his evidence by way of affidavit or by oral means, Read Judgment

Eyewitness unreliable and trial court failed to appreciate the evidence on record; HC acquits a life convict in a murder case, Read Judgment

Subjected to Unfair Labor Practices: HC enhances Compensation to ₹10 lacs for Sweeper working in a Bank, Read Judgment

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[S. 329 CrPC]- HC Enunciates: Person of unsound mind has to be examined by court even when Medical Reports are available, Read Judgment

HC Expounds: No Law has given power to Executive Magistrate to record confessions for offenses under Essential Commodities Act, Read Judgment

[Negotiable Instrument Act] HC: Notice without Demand of Cheque Bounce amount is no Notice in the eye of law, Read Judgment

Tender-offer.jpg, pic by: WallStreetMojo

HC Enunciates: Any Order passed in contravention to conditions of Tender or bid documents cannot be sustained in the eye of law, Read Judgment

HC Expounds: High Court is restrained from re-appreciating Evidence on record u/S. 100 of Code of Civil Procedure, Read Judgment

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[Matrimonial Disputes]- HC Opines: Genuine Cases shouldn't be stifled/quashed without examining allegations on record, Read Judgment

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HC Expounds: Review isn't another Appeal and in its garb, a party cannot be permitted to reopen the case, Read Judgment

[S. 138 of the NI Act]-HC: Only Drawer of Cheque can be held liable unless Cheque has been signed by every person who is a Joint Account Holder, Read Judgment

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[Arbitration and Conciliation Act, 2015] HC: Appeal will not be maintainable if Right to Appeal was brought in by amendment later during the proceedings, Read Judgment

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[NI Act]- HC: Quantum of Compensation Amount to be deposited for Suspension of Sentence is in realms of discretion of First Appellate Court, Read Judgment

[S. 391 Cr.P.C.]- HC Reiterates: Additional Evidence can't be used in a way as a disguise for a Re-Trial or to change nature of case against Accused, Read Judgment

Fraud_Case

HC Reiterates: Any Benefit obtained by Fraud cannot be sustained in the eye of the law as Fraud vitiates everything else, Read Judgment

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HC Opines: Courts can't enter into merits of Selection Process in exercise of Judicial Review as it is already scrutinized by Experts in Selection Committee, Read Judgment

Employment Law.PNG

HC Reiterates: Equal Pay for Equal Work not an abstract doctrine, Read Judgment

Commodity Markets in India

HC Enunciates: Transportation of Rice doesn't amount to storage to attract conviction u/S. 7 of Essential Commodities Act, Read Judgment

HC Opines: Criminal Proceedings in case of Compromise can be quashed if there is a remote and bleak possibility of conviction, Read Judgment

order

[S. 373 of Cr.P.C.] HC Expounds: Appellate Court has the power to stay the operation of the order impugned in the appeal, Read Judgment

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HC Reiterates: Settlement of the couple be it parting ways or staying together would endorse quashing the complaint, Read Judgment

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HC directs use of Information and Communication Technology (ICT) initiatives for convenience of Parties, Read Judgment

Order-Order-gavel

HC Reiterates: Exemption from Personal Appearance u/S. 205 Cr.P.C. is meant to be used in rare cases, Read Judgment

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Jr. Engineer is not a Workmen u/s 2(s) of Industrial Dispute Act, 1947 says HC, Read Judgment

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[S. 306 of the IPC] HC Expounds: Positive Act and a Mental Intention to Instigate, both are necessary to convict someone for Abetment to Suicide, Read Judgment

HC: Contract Services followed by Regularisation have to be counted for grant of Pension, Read Judgment

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HC Reiterates: Merely on an allegation of indiscipline, an Employee cannot be directed not to discharge his duties, Read Judgment

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HC quashes Rape Case on premises of Couple being now happily married, Read Judgment

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HC Reiterates: Disciplinary Authority and Appellate Authority both have exclusive power to examine Evidence in Inquiry Report, Read Judgment

HC quashes FIR as no specific allegations pointing toward commission of Cheating or Fraud found mention, Read Judgment

Labour Court, PIC BY: The Citizen

HC Reiterates: Power of Labour Court u/S. 33C(2) of Industrial Dispute Act is like executing Court’s power to interpret Decree, Read Judgment

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Appeal cannot be adjudicated in absence of Evidence, can't ask petitioner to approach Civil Court: HC allows writ-petition, Read Judgment

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HC Expounds: If Grandfather had converted to Christianity, Granddaughter cannot claim to be a Scheduled Caste under Hindu Religion, Read Judgment

Employee-Office-Work, pic by: Business & Finance

HC Opines: Person on probation will be a deemed confirmed employee if confirmation/ disengagement order is not passed, Read Judgment

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[Cancellation of Bail] HC cancels the Anticipatory Bail on the ground that the accused hampered in the prosecution evidence, Read Judgment

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HC Expounds: Section 27(2) of the POCSO Act is not meant to be a safeguard in favor of the Accused, Read Judgment

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[Land Acquisition Act] HC Reiterates: The Market Value of the exemplar Sale Deed that was executed after the issuance of notification u/S 4 should be avoided, Read Judgment

Possession of Immovable Property, pic by: makaan.com

HC Enunciates: Buyer cannot claim Exclusive Rights over a portion even after mention in Sale Deed if Property sold was a 'Joint property, Read Judgment

HC Enunciates: Appeal u/S. 7(7) of Payment of Gratuity Act, 1972 can in no way be filed after extended extra period of 60 days, Read Judgment

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HC Expounds: Legal Sanctity of Hukmnama under Sikh Religion needs to be examined, Read Judgment

Insurance Compensation - Motor Accident 2.jpg

HC Opines: It is up to Claimant to opt for Compensation either under Workmen’s Compensation Act or under Motor Vehicles Act, Read Judgment

Contempt of Court

Can Contempt proceedings be initiated for disobeying order after effective period in case of non-extension? HC Answers [Read Judgement]

order

HC Enunciates: After giving consent for passing of an order, parties cannot be allowed to re-open issue, Read Judgment

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[Section- 482 CrPC]- HC Reiterates: Court can quash proceedings if it concludes that continual of proceedings would be abuse of process of law, Read Judgment

Narcotic Drugs and Psychotropic Substances Act, pic by: slideshare.net

HC Reiterates: Despite fetters of Section 37 NDPS Act, accused can be granted bail when he has been incarcerated for prolonged durations, Read Judgment

Indian Ports.jpg

HC Enunciates: Mens rea not a pre-condition in imposition of penalty neither under Section 111 nor Section 112 of Customs Act, Read Judgment

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HC Expounds: Under Section- 64 of Land Acquisition Act, role of Collector is only to refer matters to Authority and not to decide them, Read Judgment

Employment Law.PNG

HC Reiterates: In some situations recovery is impermissible when an extra amount is paid by Employer, especially after 25 years Read Judgment

Order-Order-gavel

HC Expounds: Jurisdiction u/S. 397 CrPC is very limited and if no error is found by Court then Revisional Power cannot be exercised, Read Judgment

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HC Enunciates: S. 97 CPC only precludes disputing correctness of Preliminary Decree, not filing Appeal against Final Decree, Read Judgment

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HC Reiterates: CPC Provision not applicable in Writ Jurisdiction as per Section 141, but principles enshrined therein are, Read Judgment

HC Enunciates: Nature Accusation is a relevant factor for Bail Plea, but it can't be sole factor to deny Right to Liberty, Read Judgment

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HC: Sole Proprietorship concern doesn't have to be arrayed as a Separate Party under Section-141 NI Act, Read Judgment

HC allows Mother of Minor Children to alienate Property for their welfare, u/S. 11 of Guardians and Wards Act of 1890, Read Judgment

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HC Enunciates: Sanction u/S. 197 CrPC is necessary to take cognizance against an official working under direction of his superior, Read Judgment

Criminal Law

HC quashes Criminal Proceedings as no specific and independent Cause of Action and parties were already before Civil Court, Read Judgment

Insurance Compensation.jpg

HC Opines: Dragging a person to court repeatedly, unnecessarily because of lethargic behavior of Officials, makes her entitled to Compensation, Read Judgment

Corporate Veil- Court- Trial- Judge.jpg

HC Enunciates: If Prima Facie Case is made out, defense of Enmity and Malicious Prosecution is question of trial, Read Judgment

Bank Loan

HC Expounds: Loan Amount under Section -138 of NI Act can't be allowed to change during trial as the same forms basis of Complaint, Read Judgment

Juvenile Justice, pic by: Lincoln's family

HC upholds the decision of the JJ board to try the Juvenile as an Adult, Read Judgment

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