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O P Jindal Global University

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Diya

Indian Contract Act

Jurisdiction clause in Section 28 of Indian Contract Act, 1872: A brief overview with Judicial Interpretation By: Sourav Pandiya

witness box.jpg

HC expounds Cross-examination of witnesses is essential to serve the cause of justice [Read Judgment]

HC reiterates absence of motive in a case wholly relied on circumstantial evidence is a factor that weighs in favour of the accused [Read Judgment]

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HC: No vested right in a selected candidate to demand or claim that he/she should be appointed against the advertised post [Read Judgment]

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HC imposes costs on the petitioner for filing a Writ of Habeas Corpus even when the corpus was in his own possession [Read Judgment]

Elderly Parents

HC expounds Writ petition u/A. 226 of the Constitution of India cannot be turned into a remedy to invoke ‘Pious obligation of the son’ [Read Judgment]

judge Gavel.jpg

HC: Judgment and Order have civil consequences; therefore they should be decided on the merits of the case [Read Judgment]

Gujarat High Court

HC upholds acquittal in a case under Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989 [Read Judgment]

Civil Services India.jpg

HC interpretates Rule 25 of Gujarat Civil Services (Pension) Rules 2002 [Read Judgment]

HC expounds D.El.Ed. Training Diploma is a valid Diploma for applying for the regular posts of Assistant Teacher [Read Judgment]

Reservation in Medical Colleges

HC reiterates reserved category candidates are eligible to be considered for general category seats [Read Judgment]

Land-possession (Pic By Google).jpg

HC: Examination of dispute with respect to the title of the land can only be adjudicated in a civil court [Read Judgment]

Cheque Cases

HC quashes Trial Court order and sets aside for taking a hyper-technical view [Read Judgment]

F-16 fighter jet

HC grants the pension of a deceased freedom fighter to his wife [Read Judgment]

Medical Examination of Criminal

HC denies interfering in a Writ Petition filed by a medical student seeking back his original documentation from his previous institute [Read Judgment]

Gujarat High Court

HC: Expression 'offences and penalties' introduced in S. 3(3) of the Central Excise Tariff Act, 1985 to remedy the defect [Read Judgment]

AFT Act (Removal of Difficulties) Order,2008

HC: ‘Wisdom’ of the government cannot be a ground for an order if it is not substantiated by any material justification [Read Judgment]

Insurance Compensation - Motor Accident 1.jpg

HC partly allowed the appeal against the Tribunal Order which held the deceased liable for contributory negligence purely on the basis of Presumption [Read Judgment]

Lawyer, Civil Case, Court, Advocate,

HC reiterates: Candidate must have experience of practicing Advocate of min. 7 years from immediate past from date of application [Read Judgment]

Income Tax Returns

HC: Reassessment cannot be done on the same material on which regular assessment was done under IT Act [Read Judgment]

Writ of Mandamus.jpg

HC: Courts can't issue writ of mandamus to State for framing timeline for conclusion of Disciplinary Proceedings [Read Judgment]

Contract and Agreement.jpg

HC: Internal arrangements of States and Central Government not concern for other parties to Contract [Read Judgment]

Constitution of india.jpg, pic by ie

HC: Article 226 cannot be invoked by a dishonest person indulged in misconduct [Read Judgment]

HC: Consent of 100% of land owners is not required for the grant of mining lease in village [Read Judgment]

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High Court quashes Special Trial relying on Compounding Application [Read Judgment]

Order-Order-gavel

HC: Revision Petition restricted to examining correctness, legality, and propriety of impugned Judgment [Read Judgment]

CRIMINAL PROCEDURE CODE

What the term ‘inquiry’ under Section 202 CrPC means? HC interprets [Read Judgement]

Forest Land.jpeg

HC: Denying non-agricultural use permission failure to comply with the principle of Natural Justice [Read Judgment]

Scheduled Caste and the Scheduled Tribes Act Cases (Pic by Google).jpeg

No specific allegation against accused, HC grants anticipatory bail in SC/ ST Act matter [Read Judgement]

Indian Judiciary

HC Expounds: Rules of procedure are handmaidens of justice, can't be exploited if prejudice is caused [Read Judgment]

Police, Crime.jpg

Daughter died on College Campus, HC allows posting of mother as investigation is on [Read Judgement]

HC: Under Sabka Vishwas Scheme, entire amount is liable to be adjusted towards Central Excise Duty [Read Judgment]

Whether during pendency of Small Cause Court case, application under Special Statue is maintainable or not? HC decides [Read Judgement]

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HC reiterates Non-bailable warrant should not be issued in the first instance [Read Judgment]

Breach of Contract

HC: Conditions specified in E-Tender Document available in public domain reliable, missing clauses not binding [Read Judgment]

Narcotic Drugs and Psychotropic Substances Act, pic by: slideshare.net

HC grants bail to NDPS accuses considering contradictions in prosecution's story regarding reduction in quantity of Contraband

Insurance Compensation.jpg

HC dismisses Application for not squarely falling within parameters of Section 33 of Right to Fair Compensation Act [Read Judgment]

Dowry Case.jpg

Can FIR under Dowry Act be quashed if husband filed one against wife prior? HC decides [Read Judgement]

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HC denies relief to Driver seeking appointment in Reserved Category with low score [Read Judgement]

CLAT Examination

If Certificate don't create any legal right, it can't be called 'valuable security', HC expounds [Read Judgement]

Illegal Detention in Indian Jails, pic by: Live Law

HC: Detention under PASA Act must be backed by material facts of person being an actual threat to society [Read Judgment]

Revision Jurisdiction limited to checking on legality: HC refuses to check on method of assessment of Income in Maintenance Case [Read Judgement]

Eviction Notice.jpg

HC: Eviction Notice must be complete with all particulars for legal enforceability [Read Judgement]

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HC expressed their dismay at the poor drafting by the legislators of Section 131H(10) of the Panchayati Raj Act, 2016 [Read Judgment]

Writ of Mandamus.jpg

HC: Making Claim in front of Competent Authority must before approaching HC under Writ Jurisdiction [Read Judgment]

judge Gavel.jpg

HC Expounds: Law re-stated in the latter judgment cannot be a ground to open already settled cases [Read Judgment]

Uttarakhand High Court

Relief not seek but granted to the respondent was set aside by the division bench of HC [Read Judgment]

Gujarat High Court

HC dismisses the Appeal due to unreasonable delay of 7 years [Read Judgment]

birth certificate (Pic by Google).jpg

HC: Registrar under statutory obligation to make necessary changes in Birth/ Death Certificate after being satisfied [Read Judgment]

Amendment to Statement, pic by: TED ideas

HC Expounds: No fault of Respondent if application becomes ineligible by virtue of Amended Rules [Read Judgment]

HC allows Divorce Petition through Power of Attorney granted in favour of another person [Read Judgment]

Gas Cylinder.jpeg

Remedy for recovering excess deposits made during acquiring PNG Connection? HC clarifies [Read Judgement]

Right to Information(RTI)

Petitioner insisted on supply of 'true information' under RTI, HC dismissed writ as 'available information' was provided [Read Judgement]

Petrol Pump.jpg

HC: Filling-cum-service station should not be sited too close to an intersection on main road as per Rules [Read Judgment]

Dowry Death

Non-Examination of Investigating Officer and Doctor turns fatal in Dowry Demand Death Case, Read HC Judgement

HC: Suspension of Assistant Teacher after Inordinate delay is un-justified [Read Judgment]

Documents at Trial Stage in Court.jpg

HC directs Trial Court to decide application for a Temporary Injunction two week's period [Read Judgment]

Insurance Compensation.jpg

HC denies interfering against order of lumpsum compensation though back wages calculated were on higher side [Read Judgment]

POCSO Court- Child-Minor.png

HC releases the applicant on bail on the ground victim was not traceable [Read Judgment]

HC allows Official Liquidator to utilize fund from common pool fund on failure of payment of directed amount on time [Read Judgment]

HC allows candidate to reappear in exam after failing twice by filing appropriate application [Read Judgment]

Tribunals, pic by: Basics

HC remands matter back to Tribunal as Order passed without considering original fact [Read Judgment]

SARFAESI

HC allows withdrawal of petition in view of available alternate efficacious remedy under Section of SARFAESI Act [Read Judgment]

Competition Law.jpg

HC Expounds: Competitor has no Right to be heard merely because one pointed out illegality in order [Read Judgment]

HC Division Bench declines interference in matter already pending before single judge but requested for hearing on next date [Read Judgment]

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HC Expounds: Issue of Limitation Act can be left on appointed Arbitrator [Read Judgment]

HC Expounds: Police Aid for getting possession under garb of seeking protection not permitted [Read Judgment]

Cheque Bounce Case-Negotiable Instrument Act.jpg

HC set-asides Conviction under Sec 138 NI Act after settlement at Revision Stage [Read Judgment]

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HC set-asides Alimony Order under Sec 125 CrPC in view of 'Settlement Deed' between parties [Read Judgment]

HC allows Medical Aspirants to participate in counseling beyond the deadline of payment [Read Judgment]

Court Settlement

HC acquitted accused in personal dispute for an offence under Section 323, 325 IPC on account of settlement [Read Judgment]

HC Reiterates: Recovery of benefit beyond period of five years from conferment is impermissible in law [Read Judgment]

Lawyer, Civil Case, Court, Advocate,

HC: Can't allow 'cleverly drafted' writ after impugned communication not challenged within reasonable time [Read Judgement]

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High Court denies to quash summons issued to a CISF personnel [Read Judgment]

Maintenance- Divorce- Husband- Wife- Marriage-Matrimony.PNG

HC refrains from enhancing Maintenance of Wife upon withdrawal of her Revision Application [Read Judgment]

Public Works Department- Tamil Nadu.jpg

HC: Benefits under Resolution will not confine to one Department, all P.W.D. Employees entitled [Read Judgement]

Settlement- Agreement- Lawyer-Client- Suit.jpg

HC Expounds: Not adhering to Terms and Conditions of Settlement not amount to Contempt of Court Proceedings [Read Judgment]

Sale Deed.jpg

HC Expounds: Refusal to Execute Sale Deed gives Cause of Action to the Applicant [Read Judgment]

Clerk- Employee.jpg

HC Expounds: If petitioner has not challenged rejection of claim under old Policy then it is not open to claim it in view of subsequent policy [Read Judgment]

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HC: Question of Prejudice is of Paramount consideration if Procedural Laws are Breached [Read Judgment]

Condonation of Delay, Speedy Trial, Calendar, Court.jpeg

HC allows Condonation for Delay of 600 days in view of financial constrain of applicant and non-payment of compensation [Read Judgment]

HC allows all appeals against order passed in cursory manner in land reference cases [Read Judgment]

Multiple injuries on deceased indicates prima facie evidence exist: HC denies bail to accused [Read Judgment]

judge with Gavel.jpeg

HC dismisses petition for expeditious disposal of maintenance case as parties sought adjournment [Read Judgment]

Rights of Senior Citizens Pic Source Economic Times

HC grants Police Protection in writ by Senior Citizen seeking protection against alleged threat by son and son-in-law [Read Judgment]

Couple, Divorce.jpg

HC denies revision of maintenance order by sub-ordinate court; promotes re-conciliation [Read Judgment]

judge, Gavel, Court.jpeg

Consent given not unequivocal but conditional: HC declines to issue a writ to resolve dispute [Read Judgment]

Handcuff- Arrest- Bail.jpg

HC: Bail Order obtained by miss-representation or misuse of liberty after grant of bail valid ground for cancellation of Bail [Read Judgment]

HC Reiterates: Whenever an alternative, efficacious remedy is provided by law, it should be exhausted at first instance [Read Judgment]

Cheque Bounce- Company Director- NI Act.png

HC allows change in description of other party in complaint under Section- 138 NI Act [Read Judgment]

employee suspension.jpg

HC: Suspension of appointment of Employee justified in view of financial condition of the Co-operative [Read Judgment]

Tender-offer.jpg, pic by: WallStreetMojo

HC Expounds: Fresh Tender with same sanctioned amount can be issued if Bidder doesn't provide acceptable ones [Read Judgment]

witness box.jpg

HC: Testimony of Witness can't be admitted in evidence if opportunity of cross-examination was not offered [Read Judgment]

order

Appellant failed to explain his defense against Notice, HC rejects SLP [Read Judgment]

Draft Meaningful Petitions, PIC BY: Bitcoin News

HC orders separate filing of Writ as clubbing could cause difficulty for respondents in responding to averments made [Read Judgment]

Indian Currency- Rupees- Salary.jpg

HC directs raising of claim for arrears under 7th Pay Commission before Public Services Tribunal at first instance [Read Judgment]

HC Expounds: Cases affecting Valuable Rights should be decided on merit, adequate opportunity to present should be granted [Read Judgment]

Defamation

HC Expounds: Sec- 482 CrPC cannot be invoked in complaint u/S 499 IPC as it requires deliberation on merits which is Trial Court's domain [Read Judgment]

govt teacher's

Unfortunate Govt suppressing teachers from acquiring higher education/ research work: HC dismisses Appeal by Dept. [Read Judgment]

Forest Land.jpeg

HC grants opportunity to defend in Land Dispute despite Notice not being issued against petitioner [Read Judgment]

BLACK-MONEY

HC: Claim of money can be entertained in writ proceedings if there are no disputed questions of fact for adjudication [Read Judgment]

Judge, Mobile.jpg

HC: No penal consequences attached u/R 11 of Uttarakhand Government Servant Rules, 2003 if appeal not preferred within 90 days [Read Judgment]

Arms Act,1959

HC directs Licensing Authority to grant Arms License as it cannot be refused where alleged offense against petitioner is economic in nature [Read Judgment]

HC Clarifies: Preparing waiting list of candidates not mandatory if three advertised posts for different categories exists [Read Judgment]

Writ Petitions, pic by: Investopedia

HC: Writ Petition not maintainable against private institute as employments are contractual [Read Judgment]

HC: Mere denial to prosecute before reviewing cannot be a ground to challenge Bribery Charges [Read Judgment]

Allahabad High Court.jpg

HC reiterated that no Right could flow from an unregistered Agreement for sale [Read Judgment]

Condonation of Delay, Speedy Trial, Calendar, Court.jpeg

HC Expounds: Contesting in other proceedings not sufficient cause to condone delay of 3478 days [Read Judgment]

Facebook, Twitter, Google

HC imposes ₹50K costs on Facebook for not filing a reply in PIL [Read Order]

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