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O P Jindal Global University

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Ayesha Adyasha

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Doctrine of Lis Pendens: Explained

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HC States: Copying and cheating in examinations is pandemic that can ruin society and educational system of any country, Read Judgment

crime

HC Orders: Age at the time of commission of offence has to be taken and not when the proceedings are initiated, Read Judgment

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Courts through their interpretative process cannot re-write and create a new contract between the parties, rules HC [Read Judgment]

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HC Expounds: For every treatment, it may not be necessary to admit a prisoner on interim bail, Read Judgment

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HC Expounds: Magistrate himself should give reasons for passing an order of investigation, Read Judgment

Uttarakhand High Court

HC re-iterates: Writ petition may be entertained if a fundamental right is violated, Read Order

Delhi High Court

HC Opines: A private license is non-heritable and personal to the person to whom it is granted, Read Judgment

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HC rules: Undertrial prisoner cannot be detained in custody for an indefinite period, Read Judgment

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HC Reiterates: Mere pendency of several criminal cases against accused cannot itself be basis for refusal of bail, Read Judgment

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No element in society can act in a manner by consequence of which the life or liberty of others is jeopardised: HC, Read Judgment

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Investigating Agency has a right to conduct a proper and fair investigation, expounds HC [Read Judgment]

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HC Opines: Order of bail in anticipation of arrest cannot be granted to be used as a shield, Read Judgment

Appeal

HC Opines: Second Appeal under letters patent would not be available after 2002 amendment to CPC, Read Judgment

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A person in possession of a property doesn't and cannot become owner of the same: HC, Read Judgment

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HC directs Ministry of Health & Family Welfare to consider publicizing the crowdfunding platform to attract voluntary donations for rare diseases, Read Judgment

Delhi High Court Complex

HC reiterates principles of audi alteram partem must be followed by the Patent Office while rejecting a patent application, Read Judgment

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HC Reiterates: No prejudice caused to person complaining of breach of Natural Justice where such a person doesn't dispute the case against him, Read Judgment

Lawyer, Civil Case, Court, Advocate,

HC Expounds: Attendance of a minimum percentage of classes prescribed in Professional Courses such as LL.B. is non-negotiable, Read Order

HIV Blood Transfusion Case

Delhi HC directs Government to ensure free food and medical treatment to HIV-positive persons who are below poverty line, Read Order

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HC reiterates that the landlord is entitled to mesne profits or compensation from the date of termination of tenancy, Read Judgment

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HC expounds that proceedings under Delhi Land Reforms Act are not maintainable for urbanised land, Read Judgment

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HC propounds that Court can decree a suit without calling for an affidavit in evidence only when the plaint does not disclose any fact required to be proven by the plaintiff on affidavit, Read Judgment

Delhi High Court

HC enunciates: The right of a citizen to effectively pursue his legal remedy cannot be withheld merely based on his past conduct, Read Judgment

HC enunciates that if State recommends a treatment to be taken by a hospital, they cannot deny the full reimbursement, Read Judgment

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HC propounds Advertisement industry thrives on creativity and freedom of expression and would loathe a Government-dictated regulation, Read Judgment

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HC Rules: Review of Order u/s 11 of the Arbitration & Conciliation Act, 1996 doesn't lie with HC, Read Judgment

[Trademarks Act] HC Propounds: Sec-124 cannot be read in a manner as to defeat the right of the party to defend his independent right to invoke Section 57, Read Judgment

Doctor

HC Enunciates: No mechanical manner of upgradation solely based on completion of several years of service can be allowed in Central Health Services [Read Judgment]

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HC propounds: The Writ Courts should not interfere with the decision of the expert body, Read Judgment

HC Expounds: Requirement of at least one party being a citizen of India isn't necessary to register marriages under Special Marriage Act, Read Judgment

Indian Army

HC Enunciates: Annual Confidential Reports of persons in Armed Forces are confidential in nature and cannot be disclosed even after retirement [Read Judgment]

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HC Propounds: Insurance Company can recover MACT Compensation Amount from Father of Minor Driver, Read Judgement

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HC Enunciates: Courts competent to grant an ad-interim injunction in case where a registered proprietor of a trademark sues another, Read Judgment

Rotovac Vaccine's clinical trials, pic by: European Pharmaceutical Review

Can an employer insist his employees to take the Covid-19 Vaccination? No says HC, Read Judgment

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[MV Act] Absence of documentary evidence is not a ground to adopt the lowest tier of minimum wage while computing income, enunciates HC, Read Judgement

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Denial of the benefit of Budgetary Scheme under GST Regime at a material time doesn't mean party wasn't availing the same, enunciates HC [Read Judgment]

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Pendency of appeal where sentence has been suspended isn't an exceptional circumstance to curtail Right to Travel, enunciates HC [Read Order]

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Google Chrome’s warnings when viewers/potential users download third-party APK files/applications from the website are industry standard and do not amount to infringement: opines HC [Read Judgment]

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State’s limit of two visits per week by family, friends, and legal advisers with prisoners is not arbitrary enunciates HC [Read Judgment]

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HC directs Rs. 5 crores to be immediately released to AIIMS Delhi so that the treatment of children suffering from Rare Diseases is not halted due to lack of funds [Read Judgment]

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No citizen should be rendered remediless in case of infringement of a fundamental right or availing compensation for injuries even as a prisoner enunciates HC [Read Judgment]

The manner of conducting cross-examination has no bearing on the right of the Accused to cross-examine the witness, expounds HC

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[Customs Act] “Boiled Supari” cannot be classified under “Miscellaneous Edible Preparations India Custom Duty” rules HC, Read Judgment

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The Convict’s right to file SLP against the dismissal of his criminal appeal is crucial, even if the jail provides free legal aid, expounds HC [Read Judgment]

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[Customs Brokers Licensing Regulations] Trigger of Regulation 20 is not dependent on the customs broker receiving the notice, enunciates HC [Read Judgment]

Delhi High Court

Absence of sanction cannot be a ground to quash the criminal proceedings under Sec 482 Cr.P.C., rules HC [Read Judgment]

HC Reiterates: Absence of sanction can't be a ground to quash Criminal Proceedings in exercise of power u/s 482 CrPC [Read Judgment]

Arbitration Laws

HC Reiterates: Purpose of Section 29-A is expeditious disposal of Arbitration Proceedings [Read Judgment]

HC Reiterates: Convict’s Right to file an SLP against dismissal of his criminal appeal is crucial, even if jail provides Free Legal Aid [Read Judgment]

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[A&C Act]- Courts shouldn't interfere with an Award merely because an alternative view on facts and interpretation of Contract exists: Delhi HC [Read Judgment]

Counterclaim by Respondent in Arbitral Proceeding: Date on which counterclaim made before Arbitrator is date of 'institution', rules HC [Read Judgment]

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High Court: Section 34(4) of A & C Act cannot be used to enable an Arbitral Tribunal to reopen conclusion reached, Read Judgment

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IPR: HC restrains Institute of Cost Accountants of India from using ICAI as an acronym for their institution or services [Read Judgment]

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High Court: Mere apprehension of Petitioner cannot become a ground for Transfer of Rape Cases to POCSO Courts, Read Judgment

HC: Act of peering into Bathroom while a Woman was taking bath would unquestionably constitute offence of Voyeurism u/s 354C of IPC, Read Judgment

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HC: Setting aside of Preliminary Decree would ipso facto result in setting aside of Final Decree, even without Court Order to that effect, Read Judgment

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[Delhi Rent Control Act]- HC Expounds: Tenant cannot dictate to Landlord how to utilize premises available with it, Read Judgment

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HC: Inferences cannot be made to deny Offer of Appointment merely based on Registration of FIR without considering reasoning in judgment, Read Judgment

Construction-Sites

Right to Pension of Construction Workers cannot be denied solely due to different birth dates if their identity can be proved and claim is not fake, Read Judgment

Multiple Spouse Marriages, pic by:onamorama

HC Rules: Re-marriage is valid if no appeal is filed against ex-parte Divorce Decree within limitation period, Read Judgment

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Law of Contempt exists to serve public interest and maintain trust in Judicial System, rules Delhi HC, Read Judgment

Order passed under one Statute doesn't disentitle Spouse from claiming Maintenance under other Statutes, HC Rules, Read Judgment

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MCD must keep conducting frequent raids, seizing illegal substances, and taking legal action against people who sell or distribute contaminated water or beverages: Delhi HC, Read Judgment

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Condonation of Delay is an exception and should not be used as an anticipated benefit for Government Departments: Delhi HC, Read Judgment

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Victims have Right to Participate in Criminal Proceedings but can't be made a Party to Proceedings unless Statute specifically requires it: Delhi HC, Read Judgment

hospital emergency

HC directs Ministry of Defence to decide on enhancing superannuation age of Doctors/ Medical Officers working in General Reserve Engineering Force/ Border Roads Organization from 60 to 65 years, Read Judgment

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Just because an invention involves Computer Programs and Algorithms, it shouldn't automatically be considered a Computer Program: Delhi HC, Read Judgment

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Compassionate Appointment is an exception to the rule, appointment should be made only on basis of merit: Delhi HC, Read Judgment

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HC: Appellate Tribunal obligated to pronounce its order in writing within one month of receipt of appeal under Senior Citizens’ Act, Read Judgment

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HC: No ambiguity in Section-245A of Income Tax Act that would require Court to discard literal interpretation of language used in it, Read Judgment

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HC: Court shouldn't adopt hyper-technical approach and close right of parties to cross-examine in hurried manner in matters pertaining to Family Law, Read Judgment

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HC Holds: Daughter-in-law doesn't have an absolute right in a shared household, cannot exclude in-laws, Read Judgment

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HC: If there is a specific Tribunal established to handle disputes, Courts should be cautious about intervening under Article 226, Read Judgment

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HC: No assessee has any fundamental or vested legal right to be assessed by a Faceless Assessing officer, Read Judgment

HC: Right to form Associations or Union Cooperative Societies is a Fundamental Right, Read Judgment

HC: Merely being named in FIR cannot be an impediment to a public appointment, unless the involvement is substantiated in the investigation, Read Judgment

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HC: Subordinate Courts are not competent to direct a foreign national on bail to be sent to a detention centre, Read Judgment

HC: Procedure specified under Standing Orders on sampling of Narcotic Drugs cannot be rendered optional for compliance, Read Judgment

HC: In cases of admission under EWS/DG Category, Schools may not insist upon following neighbourhood criteria strictly, Read Judgment

HC: Unilateral Quantification under Indirect Tax doesn't render assessee eligible to avail benefit of SVLDR Scheme, Read Judgment

HC: Court cannot decide during bail plea if 'Promise of Marriage' was false or in bad faith, Read Judgment

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HC stresses on imminent need to update Manual of Patent Office Practice and Procedure, Read Judgment

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HC Holds: Lawyers are Officers of Court and should not be presumed to be only defending party concerned as a part of their duty, Read Judgment

HC: Medical Termination of Pregnancy requires consent of woman only unless she is Minor, Read Order

Money Laundering

HC Expounds: Power to grant Bail on Medical Grounds under first proviso to Sec- 45(1) PMLA should be exercised judiciously, Read Judgement

EPFO Pic by business-standard.com

HC restrains EPFO from taking any action to recover differential amount of higher pension paid to Employees, Read Judgment

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HC Enunciates: Court cannot decide on Revision Petition without issuing notice to party who has been prejudiced, Read Judgment

DNA Tech

Lack of supporting DNA Analysis doesn't undermine prosecutrix’s claim, penetration enough to prove a Rape Offence, rules HC, Read Judgment

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HC: DNA analysis evidence alone is not enough to prove the offence of murdering someone and concealing the body, Read Judgment

HC Observes: Causing Death through 'extreme torture' cannot be considered as an exceptionally heinous or perverted way of committing Murder, Read Judgment

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HC Expounds: Sexual Harassment of Women at Workplace Act doesn't exempt men working in different offices from being held accountable, Read Judgment

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HC Holds: Final Year Students awaiting their results can apply for post of Assistant Commandant in Indian Coast Guard, Read Judgment

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Courts not inclined to act as Appellate Authority for decisions made by Authorities regarding regulation of Traffic, Read Judgment

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HC requests for a larger bench to decide on which Trademarks Rules will apply to ongoing proceedings that were started under the Trademarks Rules, 2002, Read Judgment

HC Holds: Ensuring accused’s right to proper legal assistance doesn't mean compromising State’s ability to conduct fair hearings, Read Judgment

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HC holds the Executive Magistrate must notify the relatives about an unnatural death falling under Sections 154 and 174, Read Judgment

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HC expounds that a Contractual employee is not entitled to a full-fledged regular enquiry before termination of his services, Read Judgment

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HC: Only because a revision petition is maintainable, the same would not constitute a bar for entertaining an application u/s 482, Read Judgment

Juvenile Justice, pic by: Lincoln's family

HC expounds: JJB holding enquiry in cases of children in conflict with law, has all the trappings of a Criminal Court, Read Judgment

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[Motor Accident Claim] HC expounds: Future earnings are not compensated with interest because they have not yet happened, Read Judgment

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[Kerala Land Reforms Act] 'Tenant' has a wider and inclusive definition and includes a deemed tenant under Section 7E: HC, Read Judgment

Consensual relationships between teenagers

HC on Indian Youth: Youth is entering into relationships influenced by western culture without fully understanding the consequences, Read Judgment

Abandoned Vehicles

HC: Vehicle cannot be seized by the Customs on an apprehension that it may be used as a means of transport of smuggled goods, Read Judgment

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