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O P Jindal Global University

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Adv. R.S Agrawal

Eye Witness

SC expounds: In order to determine the competency of a child witness, Judge has to form his or her opinion, no precise rule can be laid down. Read Judgment

Supreme Court

SC expounds: Court has discretion in awarding the sentence, it should be commensurate with the gravity of the offence, Read Judgment

Supreme Court of India

SC expounds: It is not principle of law that concurrent finding of two courts becomes unassailable in the second Appeal. Read Judgment

Supreme Court

Apex Court rejects claim of Fast Track Court (FTC) Ad-hoc District Judges for grant of seniority from the date of their initial appointment as FTC Judges

Eye Witness

SC expounds: If evidence of attesting witness is cogent & reliable, there is no reason why their evidence should be disbelieved. Read Judgment

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Apex Court reiterates: HCs while exercising under Sec. 482, Cr.P.C, cannot interfere with the manner of the investigation of a case. Read Judgment

Supreme Court

SC gives 'No' to invoking the doctrine of promissory estoppel, against Union of India estopping it from withdrawing the exemption from payment of Excise Duty in respect of certain products

supreme court

SC reiterates: Article 14 of the Constitution of India forbids class legislation, it does not forbid reasonable classification for the purposes of legislation, Read Judgment

Supreme Court of India

SC reiterates: Power of Review can be exercised only when the statute provides for the same. Read Judgment

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SC: There should be zero tolerance for corruption, misconduct or acts unbecoming a judicial officer, such acts should be dealt strictly. Read Judgment

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SC expounds: Sentencing aspect of Criminal Justice System has determinative impact on the society, cautions against cavalier manner its is dealt with. Read Judgment

Supreme Court of India

SC terms service of notice to company's CA as effective notice, dismissed application for recall of judgment. Read Judgment

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SC expounds: If the legislature has left a lacuna, it is not open to the Court to fill it on some presumed intention of the legislature. Read Judgment

compensation

Supreme Court expounds neither Motor Accident Claims Tribunal nor High Court is precluded from awarding higher compensation more that amount claimed. Read Order

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SC on Condonation of Delay: Ultimate consideration should be to render even-handed justice to the parties, though a liberal approach is to be taken. Read Judgment

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SC expounds: To forcibly dispossess a person of his/her private property, without following due process of law, would be violative of a human right and constitutional right. Read Judgment

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SC reiterates: Courts continue to have discretion to condone delay in filing WS beyond the prescribed period of limitation in Non-Commercial Disputes

compensation

Apex Court: Relevant date for determination of the compensation payable is the date of accident. Read Judgment

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SC reprimands State: It is absolutely no defence of the State authorities to contend that they were not aware of their own notification. Read Judgment

Supreme Court of India

SC on Appointment of District Judge: In-service candidates are not eligible to lay claim to the quota reserved for practicing lawyers. Read Judgment

Judge

SC enunciates: A judicial officer’s integrity must be of a higher order and even a single aberration is not permitted. Read Judgment

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SC: District Consumers’ Forum has no power to extend the time for filing the response to complaint beyond the period of 15 days in addition to 30 days. Read Judgment

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SC expounds: A decision, unaccompanied by reasons can never be said to be a law declared by Apex Court though it will bind the parties inter-se. Read Judgment

SC orders Polluting Industries to pay Rs 30 Crore compensation, says, 'Payment of compensation as a facet of preserving the environment is in accordance with Precautionary Principle' (Read Judgment)

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SC expounds: When glaring illegalities are committed in conduct of exams, principle of estoppel by conduct or acquiescence does not Apply. Read Judgment

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SC expounds: Gratuity shall be payable if termination of employment is by resignation after 5 years of continuous service. Read Judgment

Supreme Court of India

SC expounds: There is no violation of the rights of the the minority to administer unaided/aided institutions by prescribing the uniform examination of NEET for admissions. Read Judgment

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SC expounds: Gross income not salary of a person should be the basic factor to determine the amount of compensation, Read Order

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Supreme Court on Migrants Issue: Impact of Informed Criticism

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SC expounds: In case of Theft and Murder, not safe to draw inference that the person in possession of theft property has committed the murder, Read Judgment

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SC on Car Accident claims: If the insured remains lawful owner, insurer cannot evade its liability. [Read Judgment]

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SC: Courts need to weigh conflicting public interests prior to grant of interim direction in contractual matters, Read Judgment

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SC enunciates: Awarding accident compensation under head of 'Loss of love & affection” in addition to 'Loss of consortium' is not justified, Read Judgment

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SC expounds: Provisions of Order VII, Rule 11 of the C.P.C. relating to Rejection of Plaint are mandatory in nature, Read Judgment

Supreme Court of India

SC expounds: NGT has remedial, not restitutionary power to issue guidelines to avoid or prevent injury to environment. Read Judgment

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SC explains the two conditions on the basis of which it can exercise powers under Article 139A of Constitution, Read Judgment

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SC expounds: Document executed between Family Members as merely a memorandum of settlement does not require registration. Read Judgment

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SC enunciates: Since very selection and appointments of candidates were illegal and invalid, no other advantage can be conferred upon the concerned candidates. Read Judgment

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SC expounds: Plea of unsoundness of mind, juvenility of age etc under Section 84, IPC ordinarily ought to be raised during trial itself. Read Judgment

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SC expounds: Access to judicial review is a valuable right conferred upon citizens and persons aggrieved, Read Judgment

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SC: Present methodology for grant of interim bail is with intention to avoid overcrowding of jails in current unprecedented circumstances, Read Judgment

SC expounds: It is binding upon Person getting insured to make full disclosure of the ailments he is having or suffered from earlier. Read Judgment

Bombay High Court

HC: Action of BMC to withhold monetary benefits for lockdown period to its physically disabled employees with retrospective effect is illegal.

SARFAESI

HC: In the absence of a statutory power for enlarging the time, no court even HC can extend period of limitation under SARFAESI Act

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