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O P Jindal Global University

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Anjali Tyagi

Karnataka High Court

HC: Industrial Adjudicator is not vested with inherent power & cannot travel beyond the prayer made in application [Read Judgment]

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HC expounds Disputes arising under the Transfer of Property Act are Arbitral in nature [Read Judgment]

Motor Vehicle Act

HC expounds Compensation claims can be made under both the Motor Vehicle Act and the Workmen's Compensation Act [Read Judgment]

Domestic Violence Act,2005

HC: Application u/S. 12 of the Domestic Violence Act shall be disposed of within 60 days from the first hearing [Read Judgment]

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HC expounds Gift deed can be canceled when possession is not handed over [Read Judgment]

Madras High Court

HC reiterates Express Intention of parties is necessary to ascertain Benami Transaction [Read Judgment]

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HC: Mere Presence in a brothel does not attract penal provisions [Read Judgment]

Dowry Death case

HC: Presumption of Dowry Death u/S 113(B) of I.E Act is Mandatory: If Facts Exists, Supports Such Presumptions [Read Judgment]

Right to Information(RTI)

Recognition of Right to Information is Essential in a Civilized Society: HC reiterates International Principles [Read Judgment]

Property-Laws

HC: Property has to be used for Charitable Purpose to be Exempted from Property Tax u/S 235 [Read Judgment]

Order-Order-gavel

HC expounds ‘Decree’ include an Order of Rejection of Plaint under O.7 R.11 of the CPC [Read Judgment]

Identification Of Prisoners Acts,1920

[Premature Release Policy] HC: Benefits Granted to Prisoners; which are prevalent at the Time of Conviction & Sentence [Read Judgment]

HC expounds Person sub-matter of proceedings u/S 129 CGST Act, has right to challenge the proceedings, u/S 107 of Act [Read Judgment]

HC: For Grant of Bail Reasonable Ground has to Satisfy; Period of Custody, Charge sheet filed are not persuasive grounds [Read Judgment]

Juvenile Crimes, pic by: Governance Now

HC: Juvenile in conflict with law, becomes empowered to claim his being released, on bail with or without surety [Read Judgment]

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

HC: Weakness in case set-up will not Automatically strengthen the case as Set-up by plaintiff [Read Judgment]

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SC: Where the Retrenchment is not Bona Fide; Employee is entitled to continuity of service with order of back wages [Read Judgment]

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[Article 21 of the Constitution] HC: Mere Violation of Bail Condition Alone is not Sufficient to Cancel the Bail [Read Judgment]

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[Court Fees Act, 1870] HC: If a Suit is for Recovery of Money, then Ad Valorem Court Fee is Payable [Read Judgment]

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HC expounds Person who is not a candidate may not be joined as a respondent to the Election Petition [Read Judgment]

Dying Declaration, pic by: youtube.com

[Multiple Dying Declaration] SC: Court should considered one which does not Raise Question about its Truthfulness [Read Judgment]

Travel Abroad, pic by: Lyonstate

HC reiterates Article 21 of the Constitution Includes Right to Go Abroad [Read Judgment]

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HC: Head Cooks & Cooks under Mid-Day Meal Scheme does not fall within the Purview of Minimum Wages Act [Read Judgement]

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HC: Court to exercise jurisdiction u/S. 92 CPC, there must be factual finding to show the Trust was a Public charitable or a Religious Trust [Read Judgment]

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SC: Offence of Dowry is a Offence against the Society, who commits such act shall be Dealt with Iron Hands [Read Judgment]

DNA Tech

HC: A Court cannot Order a DNA Test as a Matter of Course [Read Judgment]

Mediation ADR

HC: When Parties Referred to Mediation, Court is Obliged to Await Mediation Report before Passing any Order [Read Judgment]

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HC expounds S. 394 of CrPC, 1973 providing for abatement of proceedings are universal and time tested [Read Judgment]

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HC expounds LPG Cylinders Is A Public Utility Service As Defined In Section 2(n) of ID Act [Read Judgment]

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HC: Family Court does not have Jurisdiction to Restrain the Parties invoking their Personal Law Remedies [Read Judgment]

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SC: Award Passed by Arbitral Tribunal needs to be Executed in Executing Court not in High Court [Read Judgment]

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[S. 482- Cr.P.C.] HC expounds settlement can be accepted & Proceedings can be obliterated by Court [Read Judgment]

[S. 311- Cr.P.C.] HC: Change of Counsel is no ground for recall of Witness [Read Judgment]

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SC: Drawer who signs a Cheque & Hands it Over to Payee, is Presumed to be Liable [Read Judgment]

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[S. 129 of CGST Act] HC: Officer is Duty bound to hear Explanation for the Expiry of E-Way Bill [Read Judgment]

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[Freebies-Constitution of Expert Body] SC: Freebies May Create Situation Wherein State Government Cannot Provide Basic Amenities [Read Judgment]

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SC: A Mere Provision For Bad Debt Per Se Was Not Entitled To Deduction u/S. 36(1)(vii) [Read Judgment]

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HC: Passing an Order of Transfer without Vacancy would Suffer from Legal Malafide [Read Judgment]

jail

HC reduces the substantive sentence imposed upon the petitioner to the period already undergone [Read Judgment]

crime

SC: Criminal Complaint to be Quashed if no Offence is made by reading of complaint [Read Judgment]

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HC: Insurer is Liable to Pay spare Driver u/S. 147 of MV Act [Read Judgment]

HC reiterates Bhang is not covered u/S. 2(iii) of NDPS Act [Read Judgment]

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HC expounds Court Is disempowered to give it’s own Interpretation; when service required by UGC Norm is 8 Yrs [Read Judgment]

Representation of the People (Amendment and Validation Act,2013 (PDF)

HC: Offence u/S. 127-A Of RPA being a Non-Cognizable Offence, permission must be granted by Magistrate [Read Judgment]

SC : Punishment for Murder cannot be Less than Imprisonment for Life [Read Judgment]

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HC while Disposing Off Writ Petition held; Issuance of Multiple Notices is not a Ground for Faltering the Enquiry in Question [Read Judgment]

Indian Judiciary

[Article 350 ] HC: Citizen Grievance before Jurisdictional Authorities cannot be kept unconsidered, same Amounts to Discrimination [Read Judgment]

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SC: Amount actually Due & Payable is to be Awarded despite the Claimants having Sought for a Lesser Amount [Read Judgment]

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SC: Compassionate Appointment shall aways be treated as an exception, appointment of Heirs of Employee on such ground is Unconstitutional [Read Judgment]

Rape Survivor

Rape Offenders are menace to Civilized Society & have to be dealt strictly as per Law; HC while upholding the conviction of accused [Read Judgment]

Travel Abroad, pic by: Lyonstate

HC: Right to Travel Abroad is a Fundamental Right, Passport Officer cannot insist upon present of Father for Issuance of Passport [Read Judgment]

Bail

HC granted bail to the petitioner on the ground of Absence of name in the FIR [Read Judgment]

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SC: ‘Value’ of raw material can't be considered for the purpose of 'value' while determining refund under Sec- 173-l Excise Act [Read Judgment]

HC: Bail cannot be denied on account of Recovery of Money under Custodial Interrogation cannot be utilized to recover the Money [Read Judgment]

Electric Vehicle Charging Points

HC: Liability of Alteration of Vehicle Is on The Owner or Manufacturer of The Vehicle & Not on The Shopkeeper [Read Judgment]

Arbitration Contract

SC: Deficiency of Words in Agreement which otherwise Fortifies intention of Parties to Arbitrate their Disputes, cannot Legitimise Annulment of Arbitration Clause [Read Judgment]

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

SC: Ex-Parte Order can be challenged in Regular Appeal without availing Remedy under Rule 13 of Order IX of CPC [Read Judgment]

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HC: Petition filed under Guardianship and Wards Act is barred by S. 38 of the Special Marriage Act [Read Judgment]

Best Law Firms

[S. 141 of NI Act] HC: Not only a corporate entity but firms and asociations becomes a 'Company', for the purpose of application [Read Judgment]

SC: HC must consider the Gravity of the Offence while granting Bail to Accused [Read Judgment]

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HC: Quashing of Criminal Proceedings is a Serious Matter; Limited Jurisdiction u/S. 482 of Cr.P.C [Read Judgment]

Criminal Procedure Code, pic by: Google Play

[S. 240(2) of Cr.P.C.] HC expounds order framing charge only after the plea of the accused [Read Judgment]

SC: Delivering a Defective car amounts to Unfair Trade Practice; National Commission has Limited Jurisdiction u/S. 21 of CPA, 1986 [Read Judgment]

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