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O P Jindal Global University

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Mehak Dhiman

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Doctrine of Lis Pendens: Explained

High Rate of Acquittal in Rape Cases: Cause and Concern

Punjab and Haryana High Court

HC expounds Court while framing charges is not to and cannot be expected to appreciate and delve into the probative value of the material collected during investigation [Read Order]

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Habeas Corpus Writ Petition to Transfer the Case to some specialized agency disposed of by HC [Read Judgment]

Circumstantial Evidence

HC expounds Pleadings and Evidence have to be read as a whole and no single instance can be picked and read in isolation [Read Judgment]

HC expounds Frivolous Petitions filed only to interfere with the Investigation and to arm-twist the Police Officers ought not to be Entertained [Read Judgment]

Delhi High Court

Recovery Rights granted by the Tribunal on the ground of invalid Permit set aside by HC [Read Judgment]

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Most of the subjects are practical Subjects and their study is not possible through distance Education: SC while examining the term Equivalent Qualification [Read Judgment]

Bail Granted

HC: Victim is happily married and has been raising a Family Together is a Ground enough to Grant Bail to Accused [Read Judgment]

Disabled Persons

Petition by Physically Disabled Candidate to create an Independent Appellate Medical Disability Board allowed by HC [Read Judgment]

Appeal

Fixation of Eligibility Criteria is a Matter for the University to Decide: Courts should never make an Endeavour to sit in Appeal over the Decisions of Experts [Read Judgment]

Punjab and Haryana High Court

On the basis of Prior Possession, the Petitioner cannot claim more valuable Land as a matter of right [Read Judgment]

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HC expounds once the Application u/s 169 Cr.P.C dismissed while taking the Cognizance against Accused, the court cannot interfere [Read Judgment]

Court Settlement

50% Court Fees refunded by HC on the ground of Amicable Settlement between the parties out of the court [Read Judgment]

HC granted Bail as the Trial will take a Long Time due to restrictions imposed to prevent the spread of COVID-19 [Read Judgment]

Contempt of Courts Act,1971

Petition seeking Protection of Life and Liberty In Marriage Accepted By HC [Read Judgment]

HC ordered to take disciplinary action against Addl. Sessions Judge for granting Bail in an Arbitrary manner by Twisting facts [Read Judgment]

Family Settlement

HC quashed FIR in a matrimonial dispute on the ground that matter stands amicably resolved between the parties [Read Judgment]

Drugs

The contraband recovered was weighed along with the Polythene: HC while allowing Bail under NDPS Case [Read Judgment]

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HC declined Bail Application to Accused charged of violating a 12-Year-Old Girl [Read Judgment]

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HC reiterates compounding of offence can be allowed even after conviction [Read Judgment]

Travel Abroad, pic by: Lyonstate

HC allowed the Petitioner to Travel abroad to earn their Livelihood during the pending Proceedings [Read Judgment]

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HC: The Decision of Arbitral Tribunal is Final unless it is Patently Illegal or is contrary to the Public Policy of India [Read Judgment]

AFT Act (Removal of Difficulties) Order,2008

HC declined to grant Bail to the Petitioner charged of taking Obscene Photographs of his Wife [Read Judgment]

order

Power of Review can be exercised for correcting a mistake but not to substitute a view: HC while looking into Order XLVII Rule 1 CPC [Read Judgment]

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HC ordered to change the mark similar to another on the ground that it shall create confusion and cause damage to the career of students [Read Judgment]

Delhi High Court

Conduct of a Professor need to be blemish-free: HC while dismissing the Petition of a Professor charged of Sexual Harassment [Read Judgment]

SARFAESI

HC: No Requirement to fix a time limit for taking possession of the secured asset while Exercising Jurisdiction under SARFAESI Act [Read Judgment]

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HC allowed the Petition on Ground that no Show Cause Notice was issued to the Petitioner [Read Judgment]

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Statute is a beneficial legislation and just a fair compensation has to be awarded: HC while accepting petition for enhancement of compensation [Read Judgment]

Forced Arbitration

Sole Arbitrator through DIAC appointed by HC to adjudicate the Dispute between the Parties [Read Judgment]

Court Settlement

There is doubt about the validity and execution of the Family Settlement: HC while rejecting a Petition in a Family Dispute [Read Judgment]

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HC grants Bail on the ground that the accused is not involved in any other case under the NDPS Act previously and nothing is recovered from him [Read Judgment]

HC reiterates Inherent Power can be used by the Court to Quash Criminal Proceedings in which a compromise has been effected [Read Judgment]

Order-Order-gavel

HC: Transfer being a matter of Administrative Exigency, the Court generally refrains to interfere, unless it is a case of extreme hardship [Read Judgment]

HC: If the actions of the secured Creditor are Arbitrary and Violates Article 14- A Writ Petition cannot be said to be not maintainable [Read Judgment]

Rights of Senior Citizens Pic Source Economic Times

HC: Appropriate Reliefs must be given to the Right of the Senior Citizen’s to Live Peacefully in a shared Household [Read Judgment]

HC dismisses Bail Application on the ground that Injuries given by the Petitioner were Sharp and Grievous to Life [Read Judgment]

HC: ‘Last Seen’ Evidence in the absence of any other Corroborative Evidence may not be sufficient to connect the Petitioner with the Alleged Murder [Read Judgment]

Parole/ Bail/ Prison/ Sentence/ Jail, pic by: Time Magazine

HC granted bail to the petitioner on the ground that the main dispute is of cheating and he is not the beneficiary under any transaction [Read Judgment]

Punjab and Haryana High Court

HC granted bail and gave a final opportunity to reform to the petitioner with a history of six criminal cases on the basis of his Young Age [Read Judgment]

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HC: All Agreements relating to Immovable Properties, which are to be used Exclusively in Trade & Commerce are covered within the ambit of ‘Commercial Dispute’ [Read Judgment]

HC: Gravity or seriousness of the allegations alone cannot be a ground to deny bail if facts and circumstances of the case entitles the accused to be released on bail [Read Judgment]

HC: Statement of Child Witness, even though made after some time, does make out a Prima Facie Case of Section 302 IPC [Read Judgment]

HC: ‘Words commonly used in the Trade are Descriptive in nature and cannot be used as a Trademark by one Entity to exclude such use by others’ [Read Judgment]

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HC: ‘It cannot be said that if an Appellate Court refuses to Exercise its Powers u/O 41 Rule 33, it is in Gross Illegality or Violation; [Read Judgment]

Transfer of Property

HC: ‘Provision which places a fetter on the right of the bhumidar to effect transfer then stands comprised in section 33 of Delhi land reforms act’ [Read Judgment]

Contract Laws

HC: ‘Arbitral Tribunal is Final Authority for interpreting the Contract & Impugned Award cannot interfere just because a different Interpretation is possible’ [Read Judgment]

Delhi High Court

HC: It is not for the court to fix a value to what is offered as consideration and conclude that consideration had passed [Read Judgment]

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HC: ‘Scope for Interference u/A 227 is Limited in the case of commercial suits’ [Read Judgment]

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HC: Article 227 can interfere only in the cases of Patent Illegality or Manifest error causing prejudice to a party [Read Judgment]

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HC: Executing Court has the power to pass any Incidental or necessary Order to Ensure that the Decree for Possession is fully enforced [Read Judgment]

Compliance of Court Orders

HC: SC category candidate cannot claim a Right to be appointed under the General Category even if he secures more marks [Read Judgment]

Delhi High Court

HC: Due process can even mean rejection of Relief in a proceeding initiated by the occupants or persons in possession [Read Judgment]

AFT Act (Removal of Difficulties) Order,2008

HC: Equitable Considerations have to be weighed in while entertaining petitions under Article 227 [Read Judgment]

Delhi High Court

The Purpose and Import of Section 6 is to give quick and immediate relief to any person who has been dispossessed: HC while looking into Specific Relief Act [Read Judgment]

Delhi High Court

HC: Party claiming Adverse Possession must show that Possession is adverse to the True Owner and must start with wrongful dispossession of the Rightful Owner [Read Judgment]

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HC expounds persons running Shops & conducting businesses within the mandir premises cannot be compared with the Jhuggi Jhopri Dwellers [Read Judgment]

order

HC reiterates there shall be no Interference if the courts are unable to discern any legal infirmity or error either in the decision of the Tribunal or HC [Read Judgment]

AFT Act (Removal of Difficulties) Order,2008

HC: Person not in-charge of Affairs of the Accused company at the time when the Offence was committed, cannot be held Vicariously Liable [Read Judgment]

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HC: Once an application is filed by the accused, the court is obliged to summon the person who has given evidence on affidavit in terms of section 145(1) NIA [Read Judgment]

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HC: Heinous and Serious Offences of Mental Depravity like Rape, cannot be quashed on the basis of Compromise between the parties [Read Judgment]

Delhi High Court

HC reiterates Procedural and Technical hurdles shall not be allowed to come in the way of the Court while doing Substantial Justice [Read Judgment]

Delhi High Court

HC: Object of S. 125 Cr.P.C is to prevent vagrancy and destitution of a deserted wife by providing her Food, Clothing and Shelter by a Speedy Remedy [Read Judgment]

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HC: Migration is not a vested Right of any student and can be granted only upon valid Reasons [Read Judgment]

Order

HC: Opening words of Section 482 Cr.P.C indicate that none of the provisions of the code limits or restricts the Inherent powers of Section 482 Cr.P.C [Read Judgment]

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HC reiterates if the testimony of the child victim inspires confidence and is reliable, it is sufficient to record the conviction [Read Judgment]

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HC reiterates that evidence of an injured witness must be given due weightage being a stamped witness, thus his presence cannot be doubted [Read Judgment]

Delhi High Court

HC reiterates that Writ Court is not to sit as an Appellate Authority and re-examine the decisions of Academic bodies on academic matters [Read Judgment]

AFT Act (Removal of Difficulties) Order,2008

HC: Purpose of S. 362 Cr.P.C. is that once a court delivers a Judgement or a final order disposing of a case, it cannot be reconsidered or modified [Read Judgment]

Arbitration agreement

‘Both sides have consented that disputes are Arbitrable and consented to the appointment of an arbitrator’: Sole Arbitrator appointed by court as per the Agreement between the parties [Read Judgment]

Forced Arbitration

HC: Every error of law committed by the Arbitral Tribunal would not fall within the expression Patent Illegality [Read Judgment]

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HC: If the accused shows his sincere intention and desire to appear before the court, then it would not be unjustified to protect him from being arrested [Read Judgment]

Class 4 student accused of raping four-year-old girl denied bail by JJB

HC: Interim Pre-Arrest Bail has been extended to co-Accused, but considering the seriousness of offence, Pre-Arrest Bail cannot be granted to the petitioner [Read Judgment]

Himachal Pradesh High Court

HC: No extraordinary justification to direct investigation by CID or SIT since petitioner has a remedy to approach the court of competent jurisdiction [Read Judgment]

HC reiterates that if for the purpose of securing the ends of justice, quashing of FIR becomes necessary, S. 320 would not be a bar to the exercise of the power of quashing [Read Judgment]

Himachal Pradesh High Court

HC: If there is any perversity in the findings returned by learned courts below, then the same be interfered with so that no injustice is meted out to a party [Read Judgment]

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HC: Precaution to be taken by Court u/O XI Rules 2 & 14 CPC is to ensure that the applicant is not embarking on a roving or Fishing Inquiry [Read Judgment]

Delhi High Court

HC: In order to be entitled to interim protection, a prima facie case and what irreparable harm & injury would be caused in absence of interim protection must be disclosed [Read Judgment]

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‘Vehicle is a petrol vehicle and has completed 15 years cannot be permitted to ply in Delhi NCR and has to be deregistered”: Delhi HC [Read Judgment]

Delhi High Court

HC: There is a distinction between a false promise given on the understanding that it will be broken, and a breach of promise made in good faith but not fulfilled [Read Judgment]

Order-Order-gavel

HC reiterates Repeated representation does not extend limitation nor can be a ground to plead a fresh cause of action [Read Judgment]

AFT Act (Removal of Difficulties) Order,2008

HC: For interim compensation, the trial should be a summary trial, and notice should have been framed on which the accused has pleaded not guilty [Read Judgment]

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HC: For rejecting plaint, the Court has the duty to consider the contents of the plaint, and not to examine the sufficiency of the evidence [Read Judgment]

Circumstantial Evidence

HC: Adducing of evidence by the accused in support of his defence is also a valuable right and allowing the same is in the interest of Justice [Read Judgment]

HC expounds issue of the validity of notice and proceedings held subsequent thereto against a dead person is no longer res-integra [Read Judgment]

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HC: At the stage of bail only Prima Facie case is to be seen but the Court cannot shut eyes to the material facts and circumstances emerging from the record [Read Order]

Motor Vehicle Act

HC reiterates that if the bread-winner is killed on account of a motor vehicle accident, there is no justification to deny them compensation [Read Judgment]

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HC reiterates Guidelines cannot be said to be laying down all the complex grounds that would make a candidate unfit for appointment to Armed Forces [Read Judgment]

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HC reiterates Article 14 is a positive concept and no direction can be issued on the plea of discrimination, wherein the earlier decision itself was improper and wrong [Read Judgment]

AFT Act (Removal of Difficulties) Order,2008

HC: It is not necessary that a meticulous analysis of the case should be done before the trial to find out whether the case would end in conviction or acquittal [Read Judgment]

order

HC: In cases where there is no vestige of doubt that the claims are barred by limitation, the Court would decline to appoint an arbitrator [Read Judgment]

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HC: No one can be permitted to hold two birth certificates containing two different birth dates as the identity of a person is also established by his date of birth [Read Judgment]

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HC: Petitioner has prolonged history of previous involvements in seventeen heinous crimes, the possibility of petitioner threatening the material witnesses cannot be ruled out [Read Judgment]

HC: The right of residence under the DV Act is exclusive to and isolated from any right that may arise u/S 9 of the Hindu Marriage Act [Read Judgment]

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HC: Court must be cognizant of the fact as to whether the accused is likely to utilize the shield anticipatory bail to repeat the commission of the alleged offences [Read Judgment]

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