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Case Analysis

Calcutta High Court

HC: A woman cannot be punished for the commission of an offense punishable under Section 354A of IPC, Read Judgment

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HC: ‘Limitation period for show cause notice for tax cannot be extended unless there is proof of an act or omission with an intention evade payment of tax,’ Read Judgment

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‘A police station can never be described as an appropriate place where visitation right may be allowed’; HC modifies order granting visitation rights at a police station, Read Judgment

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[HMA] HC: Evidence of minor daughter substantiating allegations of cruelty made by the mother sufficient ground for divorce u/S 13, Read Judgment

Jharkhand High Court

HC reiterates: Appeal memo missing Condonation of Delay application cannot be cured by subsequent filing, Read Judgment

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HC Expounds Prolonged non-compliance with the Court's directions and orders to be considered as an obstacle to the Administration of Justice, Read Judgment

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HC Expounds: ‘To invoke Section 34 of the IPC, the prosecution has to establish existence of common intention amongst the participants in the crime’, Read Judgment

Jharkhand High Court

HC: ‘If the child withstands the test of cross-examination and there is no infirmity in her evidence, the prosecution can rightly claim conviction based upon her testimony alone’, Read Judgment

Tripura High Court

[S. 473 Cr.P.C] HC Opines: ‘The Court can take cognizance of an offence after the expiry of the period of limitation, if the delay is properly explained’, Read Judgment

Tripura High Court

HC Expounds Mere filing of a Charge-Sheet is not a ground to grant bail to an accused under the NDPS Act, Read Judgment

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HC: No bar in passing an order of detention against a person in jail; Finding is to be recorded that there is a possibility of the detenue being released from jail, Read Judgment

Narcotic Drugs Dealer

The Investigation Agency does not follow the procedure given u/S. 52-A of NDPS A...

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HC: S. 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 st...

Jharkhand High Court

HC Holds: A prima facie proof is necessary to show that the document is thirty y...

HC Opines: ‘Husband having sufficient means neglected to pay maintenance, ordering payment of maintenance from the date of the petition filed sounds correct’, Read Judgment

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HC Opines: ‘The failure of one expert cannot be considered as a rule of thumb to deny forwarding of documents to another expert’, Read Judgment

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HC Holds: For the preserving of liberty, the duty is cast upon the Constitutional Court, Read Judgment

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HC: S. 145 of the Cr.P.C. deals only with the factum of possession of a party on a particular date. It confers no title to remain in possession of the disputed property, Read Judgment

HC Expounds: Merely a plea by the husband that he... ...

[A.P. Buildings Control Act, 1960] HC: Once the ap... ...

HC Opines: ‘Any deficiency in service detected ope... ...

HC Opines ‘The Corporation cannot be fastened with... ...

HC: The fundamental right u/A 20(3) of the Constit... ...

HC: ‘An order dismissing an LLP’s appeal operates... ...

HC: Mere dismissal of the first execution applicat... ...

HC Opines ‘A notice under S. 69A of the Income Tax... ...

HC: Single Judge of Commercial Division has the Ju... ...

Patna High Court

HC: When a fact is proved based on documentary evidence, no amount of oral evidence is necessary in a departmental proceeding, Read Judgment

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HC: A party cannot question the qualification of the Arbitrator when the Arbitrator was appointed with the due consent of the party, Read Judgment

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HC Enunciates Prescription of a higher qualification for appointment to a post cannot be challenged as being illegal and arbitrary, Read Judgment

Patna High Court

HC: An authorized borrower of a vehicle cannot claim compensation under Section 163-A of the Motor Vehicles Act, Read Judgment

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HC Reiterates Claimant cannot be granted Insurance Amount without the claim being proved even when the insurer admitted liability in principle, Read Judgment

BJP Workers

There should be a level playing field for all political parties for holding public rallies: HC allows BJP rally against hike in electricity prices in West Bengal, Read Judgment

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HC: Court can order impleadment even against the wishes of the plaintiff if a party has a direct and legal interest in the subject matter of the property, Read Judgment

Patna High Court

HC: Evidence collected during investigation by the Investigating Officer cannot be treated as evidence by the inquiry officer in a departmental proceeding,’ Read Judgment

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HC: Applicant with higher qualification than is prescribed not eligible for a job requiring a lower qualification in the absence of specific provision, Read Judgment

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HC: Exceeding the time limit provided in the contract for filing for Arbitration does not constitute an absolute bar to the reference to Arbitration, Read Judgment

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HC Reiterates in a matter of alleged rape, if the medical evidence makes the ocular testimony improbable, the medical evidence has to prevail, Read Judgment

Passport of India

[Passport Act] HC: Person seeking issuance of a passport is not required to obtain prior permission in case he is facing criminal charges, Read Judgment

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HC: The Court can grant an injunction when it feels that the statements were made recklessly to cause injury to the reputation of the plaintiff, Read Judgment

Patna High Court

HC Expounds: When the employer delays the release of Pensionary benefits, it is bound to pay interest on account of the delay, Read Judgment

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SC rules: 'Drawer' to be strictly interpreted as the issuer of the cheque, excluding authorized signatories, Read Judgement

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NCLAT opines: Resolution Plan may provide different categories of creditors and different payment schemes, Read Judgement

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NCLAT opines: payment of license fee for use of leased premises for business purposes is an operational debt, Read Judgement

NCLAT expounds: even if no plea raised against limitation, it has to be examined, Read Judgement

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NCLAT expounds: Amendment to schemes can be done at any stage, Read Judgement

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