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Case Analysis

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Once resolution plan is approved, no proceedings can continue on omitted claims, SC strikes down fresh tax demands post-resolution plan, Read Judgment

‘Allowing the employee's spouses to stay together or close by cannot be termed as irrational’; HC upholds policy giving spousal preference in promotions, Read Judgment

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‘Justice system exists to serve litigants, and their convenience must outweigh that of advocates’; HC dismisses petition challenging shifting of sessions court, Read Judgment

Provident fund

‘Pay Load workers covered by the definition of employee under Section 2(f) of the EPF Act’, Read Judgment

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Negligence must be proved, not presumed: SC on preponderance of probabilities in motor accident claims, Read Judgment

Can a court give relief beyond what was asked? SC explains when courts can go beyond pleadings to deliver justice, Read Judgment

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HC Opines: Section 329 of the Cr.P.C would come into play only after the framing of the charges and not prior to that, Read Judgment.

Summons

HC Holds: Magistrate can proceed without hearing the Informant if no ground exists to Summon Unchargesheeted Individual, Read Judgment

A government servant seeking cadre change cannot retain seniority from the previous post: SC settles seniority dispute in cadre change, Read Judgment

Eye Witness

Mere factum of delay by itself cannot result in rejection of testimonies: SC on delay in recording witness statements, Read Judgment

False Rape Case

SC quashes criminal proceedings in rape charges: Willing and repeated excursions to hotel rooms contradict allegations of coercion, Read judgment

SC on property rights: Delivery of possession is not a condition sine qua non fo...

Delhi High Court

Delhi High Court denies interim injunction in Risdiplam Patent suit, highlights...

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SC on scope of Consumer Protection Act: A claim under the Consumer Protection Ac...

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SC on unlawful assembly: Courts must be circumspect in convicting bystanders based on mere presence, Read Judgment

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‘In cases of circumstantial evidence, mere recovery of a weapon without direct proof cannot be the sole basis for conviction under Section 302 IPC,’ Read Judgment

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Eligibility must be based on Central Government rules, not State modifications: SC quashes High Court’s verdict on candidate disqualification, Read Judgment

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HC to State Government: Frame guidelines to protect identity of complainants in POSH cases while ensuring fair inquiry, Read Judgment

SC on Section 53A Transfer of Property Act: Posses... ...

‘Widowed daughter-in-law, an integral part of the... ...

‘Mandate of Section 47(1) is peremptory, violation... ...

‘Necessity for custodial interrogation paramount’;... ...

‘A deaf and dumb person is a competent witness, if... ...

‘Look-Out Circular interferes with right to person... ...

Restitution is not a mere technicality but an inst... ...

Bald allegations without public view do not attrac... ...

NDPS cases demand expedited trials, not indefinite... ...

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Supreme Court affirms Kerala HC ruling: Diploma quota promoted candidates cannot claim seniority in Degree quota, Read Judgment

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20% pre-deposit condition must not deprive right to appeal in cheque bounce cases: Delhi HC on NI Act's Section 148, Read Judgment

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Arbitral awards enjoy a high degree of judicial defence and should not be interfered with: Delhi HC dismisses challenge under Section 34, Read Judgment

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Lalita Kumari judgment doesn't override CrPC mandate for FIR registration in cognizable offences: Supreme Court rejects IAS officer’s plea, Read Judgment

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IBC proceedings & NI Act: SC clarifies director not liable under NI Act if moratorium is in place, Read Judgment

Only the Waqf Board can determine the Waqf character of a property – Kerala HC on Waqf property dispute, Read Judgment

‘Compliance with Section 50 of the NDPS Act is not mandatory when contraband is seized from a bag and not the person of the accused,’ Read Judgment

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‘Omission of reporting date in the written complaint is not a sufficient ground for acquittal of the accused,’ Read Judgment

Contempt of Court

SC: Subsequent setting aside of Order 39 Rule 1 & 2 CPC order does not absolve Order 39 Rule 2A CPC action, Read Judgment

‘A subsequent complaint under Section 200 CrPC on the same facts is not maintainable when an earlier application under Section 156(3) CrPC was rejected,’ Read Judgment

Compassionate Appointment/ Job, pic by: India Legal

‘Offering compassionate employment to financially stable families would amount to misuse of the scheme’, HC dismisses application against LIC; Read Judgment

‘Right to Privacy cannot act as a medium to obstruct the course of justice’; HC directs UIDAI to provide Aadhaar details in trafficking cases, Read Judgment

Direct Tax Vivad Se Vishwas Bill 2020, pic by: 6 days ago www.rajyayojana.in

‘Failure to release tax refund timely violates principles of fairness’: Gujarat High Court rules in favor of taxpayer in refund delay case, Read Judgment

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‘Once NDPS procedures are followed, it’s the accused’s duty to explain possession’: HC reduces sentence in Ganja smuggling case while upholding conviction under NDPS Act, Read Judgment

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‘A second suit with the same issue cannot be dismissed as barred by res judicata if the matter in the first suit has not attained finality,’ Read Judgment

Arbitration Proceeding

‘Arbitration agreement must be honored unless valid grounds exist to disqualify the named arbitrator,’ Read Judgment

Arbitration Lawyer

‘Limitation period for arbitration begins from date of notice invoking arbitration, not contract termination,’ Read Judgment

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‘Further investigation cannot be refused merely on the ground that the statement of the accused was already recorded under Section 27 of the Indian Evidence Act,’ Read Judgment

Arbitration

Mention of place of arbitration in an award is not a mandatory requirement under Section 31 unless specifically contested, Read Judgment

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