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High Courts

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‘Allegations of fraud alone do not render dispute non-arbitrable’: Bombay HC on arbitration clause, Read Judgment

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HC expounds: ‘Discrepancy in policy number doesn't absolve insurer from liability in valid accident claim’, Read Judgment

HC opines: ‘Competent authority is an executive and not a quasi-judicial or judicial authority’, Read Judgment

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‘Height of hypocrisy, dishonesty and sham’: Madras HC lashes out at caste-labeled educational institutions, Read Order

CrPC- Criminal Procedure Code- Code of Criminal Procedure

HC rules: ‘Conviction cannot rest solely on Section 164 CrPC statement without corroboration,’ Read Judgment

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HC opines: Sole eyewitness evidence must be free of suspicion to sustain conviction, Read Judgment

Murder Case

HC expounds: ‘Merely maintaining silence upon the whereabouts of the deceased cannot be the sole basis for conviction under Section 302 of IPC,’ Read Judgment

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HC opines: ‘Motive is one of the incriminating circumstances, but cannot be made the sole basis for conviction under Section 302 of the IPC,’ Read Judgment

CrPC- Criminal Procedure Code- Code of Criminal Procedure

HC expounds: ‘Power to alter or add a charge is exclusively with the Court, no party required to file a petition for invoking the powers under Section 216 Cr.P.C.’, Read Judgment

Civil Suit's maintainability, pic by: Legal Firms in Dubai

HC Rules: ‘The right to withdraw suit under Order 23 Rule 1 of the CPC with the plaintiff is not absolute and is subject to the satisfaction of the Court,’ Read Judgment

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HC Opines: CDR details, without there being any voice recording relating to conversation between them, may not be sufficient to convict for the offence under Section 27-A of NDPS Act, Read Judgment

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HC Holds: Period of limitation to challenge the award starts from the date of de...

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HC declares: Scope of judicial review limited in cases relating to transfers, wh...

Rape and Injury

HC holds: Rape not a mere physical assault, granting bail in such case against t...

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Mere projection of argument of prejudice by itself is not a sole ground to brush aside the applicability of principles of natural justice: Observes HC, Read Judgment

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HC opines: Plaintiff does not have any absolute choice and right to bypass mandatory provision of pre-litigation mediation, Read Judgment

Limitation Act

HC opines: Referral court should restrain itself from referring ex facie time barred disputes to arbitration, Read Judgment

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HC declares: ‘A daughter, whether married or unmarried, is a legal heir and is entitled to compensation on the death of father’, Read Judgment

HC expounds: ‘Petition under Article 227 maintaina... ...

HC Holds: Commissioner under Order 26 Rule 9 CPC s... ...

HC Opines: While passing an order under Section 14... ...

HC Opines: ‘If valid grounds existed for setting a... ...

HC Rules: ‘Proceedings under A.P. Cooperative Soci... ...

Designation as a Senior Advocate is a privilege aw... ...

Once approved, a Resolution Plan binds all credito... ...

‘Allowing the employee's spouses to stay together... ...

‘Justice system exists to serve litigants, and the... ...

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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

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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

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‘Widowed daughter-in-law, an integral part of the family, is entitled to compassionate appointment’, Read Judgment

‘Mandate of Section 47(1) is peremptory, violation would render an arrest as illegal’, Read Judgment

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‘Necessity for custodial interrogation paramount’; HC dismisses application seeking anticipatory bail in sexual harassment case,’ Read Judgment

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‘A deaf and dumb person is a competent witness, if in the opinion of the Court oath can be administered to him/her,’ Read Judgment

Fundamental Rights

‘Look-Out Circular interferes with right to personal liberty and free movement’; HC asks authorities to apply mind before issuing it, Read Judgment

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Restitution is not a mere technicality but an institutional duty: HC upholds tenant’s rights, Read Judgment

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Bald allegations without public view do not attract SC/ST Act provisions: AP HC quashes proceedings against several accused, Read Order

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NDPS cases demand expedited trials, not indefinite incarceration: AP High Court allows bail for accused in ganja seizure case, Read Order

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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

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

‘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

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