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SC Expounds: Court u/S. 319 CrPC empowered to conduct Trial of anyone not mentioned as Accused in FIR if his involvement is shown in commission of crime, Read Judgment

Illegal Detention in Indian Jails, pic by: Live Law

HC: If Order granting Extension of Time for submission of Final Report u/S. 173 Cr.P.C. is set aside, then further detention becomes invalid, Read Judgment

Corporate Veil- Court- Trial- Judge.jpg

HC Reiterates: Testimony of Witness cannot be considered legal evidence unless opposite party was given an opportunity of cross-examination, Read Judgment

HC: Report of Public Prosecutor is mandatory for detention of Accused after expiry of statutory period under Sec-36A(4) of NDPS Act, Read Judgment

Aadhar Card

HC Opines: Just because people don't possess Aadhaar Card/ Mobile Number, they cannot be denied benefits of Welfare Schemes, Read Judgment

SARFAESI

HC Expounds: There is a presumption regarding regular performance of Acts u/S 114(e) Evidence Act in case of dispatch of notice u/s 13(2) of SARFAESI Act, Read Judgment

Muslim Women's Entry in Mosques

HC Expounds: Person belonging to Muslim Community not entitled to get any benefit of SC Category, Read Judgment

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HC directs GST Department to return GST recovered along with 6% interest for failure to follow procedure under CGST Act, Read Judgment

HC: Prior Jural Relationship with individuals involved in affairs of Society necessary for invoking Sec-70 J&K Co-operative Societies Act, Read Judgment

Order

HC Enunciates: Matter to be decided on merits without going into technicalities of limitation, Read Judgment

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HC stays GST demand due to non-constitution of the Second Appellate Tribunal, Read Judgment

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HC Expounds: Registered Sale Deed is a private document, its production doesn't dispense with need for proof of execution, Read Judgment

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HC modifies condition imposed on Prasanta Jagadev by JMFC while granting him bail in Road Rage Case, Read Judgment

arrest warrant

HC: Purpose of non-bailable warrants is to secure presence of accused in trial to establish rule of law, Read Judgment

Orissa High Court

HC: PIL should be used as an effective weapon for delivering social justice and should not be publicity oriented, Read Judgment

Punjab and Haryana High Court

HC Expounds: Application under Section 306 CrPC seeking pardon need not necessarily arise from the prosecution and can be moved by the convict, Read Judgment

CESTAT: Section 73(4) of the Finance Act cannot be invoked in the absence of mala fide intention, Read Judgment

order

CESTAT: Delay in filing appeal u/s 85(3A) Finance Act can be condoned only if the appeal is presented within a further period of one month after the expiry of the statutory period, Read Judgment

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HC Expounds: Pre-arrest bail, an extraordinary discretionary power cannot be granted in routine, Read Judgment

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HC issues notice to Chandigarh Administration on the plea of a transgender seeking to apply for the position of constable

HC Expounds: Mere registration of FIR is no ground for dismissal from service, Read Judgment

Taxes

CESTAT: Extended period can be invoked if there is willful suppression of fact or any element of fraud or collusion with an intent to evade Tax Liability, Read Judgment

Suicide

HC substitutes charge of Murder against Collector, substitutes it with charge of Abetment to Suicide, Read Judgment

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HC Expounds: Mere technicalities at stage of investigation aren't required to be seen, it can be observed during course of trial, Read Judgment

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HC Expounds: Minor consistencies in the testimonies of the witnesses cannot be a ground for their rejection, Read Judgment

HC: Sec- 37 NDPS Act can be dispensed at the stage of examination when there is a delay in Trial, Read Judgment

CESTAT: Delay in the filing of appeal could not have been condoned after it was not filed even beyond the additional period, Read Judgment

Cow Dung Theft Case

HC refuses to grant bail to a person accused of transporting cows for slaughtering, Read Judgment

HC: Commission of Suicide by Wife Matrimonial House doesn't by itself make her husband and in-laws liable for harassment and abetment to suicide, Read Judgment

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CESTAT Expounds: Salary is out of the purview of Service Tax, Read Judgment

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CESTAT Opines: Profit made on transportation charges needno't be included in Assessable Value, Read Judgment

Witch Craft in India

Links must form a continuous chain in case of Circumstantial Evidence: HC upholds acquittal in 2001 Keonjhar Witch-Craft Murder Case, Read Judgment

FFC Charges aren't a consideration for proving supply of tangible goods: CESTAT sets aside order demanding Service Tax for providing Liquid Gas storage tanks, Read Judgment

Taxes

CESTAT Expounds: Service Tax not payable on Administrative Charges received from Coal Mine Companies, Read Judgment

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HC Expounds: Anguish caused by pregnancy presumed a grave injury to a rape victim’s mental health, Read Judgment

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Continuation of proceedings will have a chilling effect on press freedom, HC quashes proceedings against Input Editor of OTV Channel, Read Judgment

Under Trial Prisoners

HC Eunciates: Mere apprehension of the accused indulging in the sale of contraband or causing a breach of peace no ground for denying parole, Read Judgment

CESTAT: Charitable Trust cannot lose its identity as a non-commercial entity merely because it charges higher fees, Read Judgment

HC Expounds: Prosecution not required to prove the motive for crime in a case based on direct evidence, Read Judgment

HC Reiterates: 'Public Place' cannot be confined by restricted meaning in view of object of Motor Vehicle Act, Read Judgment

Lawyers in Court, pic by: MyLaw.net

HC: Mere Suspicion or Circumstantial Doubt cannot absolve Prosecution from its fundamental obligation to establish offence beyond a reasonable doubt, Read Judgment

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HC: Having a Higher Degree or Better Qualification per se cannot debar someone from applying for a lower-level post unless specifically prohibited, Read Judgment

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CESTAT: Amount deposited by Assessee in absence of any Service to be considered as deposit, not tax liable, Read Judgment

Possibility of Accused influencing investigation can be taken care of by imposing stringent conditions, HC grants bail in Food Grain Scam, Read Judgment

CAG Audit Report

CESTAT: Charge of clandestine removal not sustainable when based merely upon difference in figures in Audit Report, Read Judgment

Black Magic.jpeg

HC upholds conviction of a ‘Tantrik’ for raping and Trafficking a Minor Girl, Read Judgment

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

HC Expounds: Fixed Deposits not exempted from attachment in execution of Decree of a Civil Court under Sec- 60 CPC, Read Judgment

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HC Expounds: Non-Compoundable nature of offence cannot stand as bar for Court from exercising its power under Sec-482 CrPC, Read Judgment

Allegations if true would lead to irreversible loss; HC grants protection to Couple seeking protection after marrying each other against wishes of their Parents, Read Judgment

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HC grants Anticipatory Bail to Ayurveda Gynecologist accused of terminating a pregnancy without authorization, Read Judgment

Custodial Death

HC: Compensation Mandatory in cases of Custodial Death and same based on strict liability to which principle of sovereign immunity doesn't apply, Read Judgment

HC Enunciates: Assessment Proceeding is civil in nature and very foundation of Criminal Prosecution gets knocked down in absence of finding of Evasion of Tax, Read Judgment

Employer, pic by: Saga

HC Opines: It's Employer and not Court which decides condition of service of Employees, Read Judgment

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HC Expounds: Award in case of a time-barred appeal under MVA cannot be stayed without finalizing delay condonation application, Read Judgment

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HC: Evidence recorded in Disciplinary Proceeding needn't be strict proof, to be appreciated on Preponderance of Probability, Read Judgment

Corruption Cases

Hallmark of false and motivated complaint, HC quashes proceedings against accused of illegal gratification, Read Judgment

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HC Expounds: Government Employee can't claim right to be promoted from the date he has attained qualification required for same, Read Judgment

Juvenile Crimes, pic by: Governance Now

HC Expounds: Benefit of Juvenility is to be given to accused by considering age on lower side within Margin of one year, Read Judgment

Modified vehicles are not eligible for registration

HC Enunciates: Forfeiture of a Vehicle to come into effect only after completion of Trial and Conviction of Accused, Read Judgment

Order

HC Opines: Powers of Judicial Review are limited and the same cannot be used to interfere with findings of Departmental Authority, Read Judgment

Jharkhand High Court

HC Reiterates: Failure of State to assign any reason for withholding the amount; State would be liable to compensate the petitioner by way of interest, Read Judgment

Release will expose Petitioner to danger; HC rejects grant of Bail to a minor accused of kidnapping a 17-year-old girl, Read Judgment

order

Order u/S. 156(3) CrPC is not required to be passed mechanically; HC quashes criminal proceedings against Additional Collector in connection with denying of access to CCTV under RTI Act, Read Judgment

Hong Kong Arbitration, pic by: South China Morning Post

HC Expounds: Period consumed in challenging an Arbitral Award excluded while counting the ‘prescribed period’ u/S. 34 (3) of the Arbitration Act, Read Judgment

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HC Expounds: Permit required in sitting capacity of a vehicle with more than nine persons in view of Section 66(1) of MVA, Read Judgment

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HC: Order 8 Rule 1 read with Order 8 Rule 10 of CPC discretionary and not mandatory in nature, Read Judgment

Writ jurisdiction cannot be exercised on the ground of sympathy; HC dismisses petition seeking appointment for post of Police Constable, Read Judgment

Jharkhand High Court

HC Reiterates: Accused cannot avoid trial in the presence of strong grounds of suspicion, Read Judgment

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Tendency between parties to use Criminal Proceedings for settling civil disputes; HC quashes criminal proceedings u/S. 406 and 420 of IPC, Read Judgment

order

HC Expounds: Disputed questions of facts cannot be the subject matter of a writ petition under Article 226, Read Judgment

Jharkhand High Court

HC Enunciates: Unreasonable delay in considering the representation of the detenu would invalidate the order of preventive detention, Read Judgment

order

HC Reiterates: Facts established by inferior courts can be looked into if same not based on legal evidence, Read Judgment

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Warrant to be issued after the receipt of service report; HC sets aside the issue of warrant in Tax Fraud Case, Read Judgment

Tripura High Court

Prosecution required to prove guilt beyond a reasonable doubt; HC upholds acquittal in POCSO case, Read Judgment

Tripura High Court

Reasonable grounds that the accused not guilty: HC grants bail in case u/S 20 and 29 of NDPS Act, Read Judgment

Jharkhand High Court

HC Expounds: Court can exercise power under Article 226 even if sections are not compoundable, Read Judgment

Cannot get the benefit of the S.114(A) of the Indian Evidence Act: HC quashes order of conviction u/S 395 IPC, Read Judgment

Tripura High Court

‘Totally forgotten her obligation towards the people of the state’: HC directs Junior Medical Officer to pay the bond amount for blatant violation of bond terms, Read Judgment

order

‘498-A IPC inserted with the object of punishing cruelty but is now being misused’: HC quashes proceedings filed u/S 498-A, Read Judgment

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‘Sufficient reason not to reside with husband’: HC holds husband guilty of subjecting wife to cruelty, Read Judgment

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Conviction can be based upon Testimony of a Solitary Witness: HC upholds conviction u/S 376 IPC, Read Judgment

Summons

Calling a person by issuing Summon on examination of few Witnesses is a serious thing: HC quashed proceedings against Junior Engineer, Read Judgment

HC Expounds: Regularization or absorption of service is not a matter of right, Read Judgment

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HC: Passing of an express order in Writ Petition concerning Termination of Service not within confines of power u/A 226 of Constitution, Read Judgment

CPC and Evidence Act not followed: HC allows petition seeking Comparison of Signatures, Read Judgment

Disabled Persons

HC directs State to decide on promotion to posts Reserved for people with disabilities, Read Judgment

order

HC Opines: Right once vested can only be recalled by observing Principles of Natural Justice, Read Judgment

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HC grants bail to accused in Jamshedpur Communal Clash 2023, Read Judgment

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HC: Objections to Arbitral Award u/S. 34 are only permissible on issues concerning Patents or Inherent lack of Jurisdiction, Read Judgment

Tripura High Court

Limited profits earned in 2021; HC modifies order directing HSCL to pay decretal amount, Read Judgment

Tribunals, pic by: Basics

HC Repatriates: Services of employees brought on deputation after abolition of Administrative Tribunal, Read Judgment

[Industrial Disputes Act, 1947] HC Expounds: Mere violation of Section 33 doesn't automatically lead to setting aside of Order of Dismissal, Read Judgment

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HC dismisses petition seeking appointment of ST candidate under CAPFs in UR Category, Read Judgment

HC Expounds: Regularization of Service not a matter of right, to be considered in realm of Government Policies, Read Judgment

Construction-Sites

Sites reserved for Public purposes cannot be used for any other purpose: HC issues direction to stop construction of wards and community hall, Read Judgment

Employment Law.PNG

HC Expounds: Actual monetary benefits of promoted post are accruable from Date of Joining, Read Judgment

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

[Order XXI Rules 97 to 101 CPC]: Executing Court to only consider issues arising in terms of Rule 101 of Order XXI and pass orders, Read Judgment

Insurance Compensation - Motor Accident 2.jpg

HC Reiterates: Prescribed limitation should not be construed in a manner that defeats Substantive Rights, Read Judgment

Salary, pic by: Fortune India

HC Enunciates: Forfeiture of earnest money cannot be arbitrary and has to pass the Test of Reasonableness, Read Judgment

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Cannot be said that Notice served on wife not served on husband u/S 138 NI Act: HC directs respondent to pay Cheque Amount, Read Judgment

Money Laundering

HC Expounds: Presence of a Stent due to heart ailment cannot be a ground for exemption u/S 205 CrPC, Read Judgment

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HC Reiterates: Court can exercise power u/A 226 when amount payable is undisputed, Read Judgment

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‘No criminal antecedent against the Accused’; High Court grants bail to a person accused u/S. 370 IPC, Read Judgment

Juvenile Crimes, pic by: Governance Now

[Juvenile Justice Act] HC: Board obliged to take experienced assistance when deciding whether to try a Juvenile as an adult, Read Judgment

Juvenile Justice, pic by: Lincoln's family

[Juvenile Justice, Act] HC Expounds: Benefit u/S 12 cannot be denied even when the juvenile is ordered to be tried as an adult, Read Judgment

HC Reiterates: Court empowered to take into account the overall circumstances of the case when exercising power u/S 482 CrPC, Read Judgment

jammu kashmir.jpg pic by twitter

HC grants bail to Student accused of supplying arms and ammunition to Separatists, Read Judgment

Cancellation Policy not intimated prior to Accident: HC holds Oriental Insurance liable to indemnify owner, Read Judgment

HC Expounds: Regularization of Service not a matter of Right, to be considered as per Service Rules, Read Judgment

Jharkhand High Court

HC Expounds: Voidability or illegality of a sale deed cannot be a ground for filing an FIR, Read Judgment

Jharkhand High Court

HC Enunciates: Award when made takes the form of the decree which cannot be challenged before a Writ Court, Read Judgment

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‘Higher standard of care expected in case of a disciplined organization’; HC upholds dismissal of service of CRPF officer, Read Judgment

Punjab and Haryana High Court

‘Article 21 does not cease when people of the same gender living together’; HC grants protection to a lesbian couple living together, Read Judgment

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‘498A inserted for punishing cruelty of husband now being misused’; HC quashes proceedings under 498A, Read Judgment

Rahul Gandhi

‘Petitioner is a sitting MP, busy with Parliament session’; HC exempts Rahul Gandhi from personal appearance in defamation case, Read Judgment

Unregistered Workers

HC Expounds: Labor Cess is inapplicable to material supply and consultancy charges, Read Judgment

property-tax

[Income Tax Act, 1961] HC quashes proceedings u/S 276B against the petitioner who failed to deposit the TDS amount, Read Judgment

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[Indian Easements Act, 1882] HC Expounds: Easement Rights to be retained after the division of property u/S. 30, Read Judgment

Income Tax Returns

[Income Tax Act, 1961] HC: Quashing of proceedings u/S. 276C(1) automatic once the penalty order is set aside, Read Judgment

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HC Opines: 'The issue of Date of Birth cannot be raised at the Fag End of service when it was initially not challenged', Read Judgement

Jharkhand High Court

HC Reiterates: Court cannot stifle legitimate prosecution while exercising power u/S 482 CrPC, Read Judgment

order

HC Expounds: Power to seize immovable property not within the purview of Section 102 CrPC, Read Judgment

‘Case of misbranding itself not proved’; HC quashes proceedings against Managing Director of Gujarat Co-operative Milk Marketing Federation Ltd, Read Judgment

Fraudsters

HC grants Anticipatory Bail to Director of Alchemist Group in Financial Fraud Case, Read Judgment

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HC Expounds: Matrimonial Court can order medical tests even when solemnization of marriage is denied, Read Judgment

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[Motor Vehicle Act] HC Expounds: Family Members of Policyholder not protected in Third Party Insurance Claims, Read Judgment

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[Special Marriage Act] HC Expounds: Additional District Judge has the power to hear divorce plea u/S 27, Read Judgment

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[Order VIII Rule 1-A CPC] HC Expounds: Sufficient reasons to be provided in case of failure in the filing of documents with the written statement, Read Judgment

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HC Expounds: Court u/A. 226 cannot direct the state or its instrumentalities to give pay scales to its employees, Read Judgment

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Consideration for granting bail different u/S 438 and 439 of CrPC: HC refuses bail to Accused, Read Judgment

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Unsafe to Act on Testimony of Prosecutrix without Corroboration: HC quashes order of Conviction u/S. 363 and 376 IPC., Read Judgment

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HC Expounds: Doctrine of legitimate expectation cannot be invoked in case of non-finality of the recruitment process, Read Judgment

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[Railway Service Pension Rules 1993] HC: Leave for which salary not payable not counted towards ‘Qualifying Service’, Read Judgment

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Statement of victim cannot be considered as gospel truth in all circumstances: HC sets aside conviction u/S 366 and 376, Read Judgment

HC Expounds: Public employment cannot be granted to a victim of crime in absence of any law, Read Judgment

HC Expounds: Court cannot deny Admissibility of Documents solely based on their apparent weakness or simplicity, Read Judgment

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Appointment against constitutional schemes enshrined u/A. 14 and 16 of Constitution: HC dismisses petition seeking regularization of Service, Read Judgment

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HC: Trial Courts shouldn't dismiss petition without giving a just and fair opportunity to crucial witnesses, Read Judgment

‘Fresh investigation can be held if not held in a proper and objective manner’; HC directs the investigation in murder case of six family members, Read Judgment

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HC Expounds: ‘Sufficient cause’ to be provided to court in application for Condonation of Delay, Read Judgment

SARFAESI

HC Expounds: Proceedings under both SARFAESI Act and Arbitration Act can be invoked simultaneously in case of loan recovery, Read Judgment

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[Order VI Rule 17 of the CPC ]‘Failed to qualify the test of due diligence’; HC dismisses petition seeking amendment of the plaint, Read Judgment

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HC Expounds: Relief of delivery of possession inherent if the defendant is in exclusive possession in special performance of contract of sale, Read Judgment

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HC Expounds: Delay or laches in approaching Court cannot be considered fatal to legitimate claim of aggrieved person, Read Judgment

Slaughtering House

[Jharkhand Bovine Animal Prohibition of Slaughter Act] HC Enunciates: Forfeiture of Vehicle u/S 12(3) to come into effect after Conviction, Read Judgment

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, PIC BY:
HW News

HC Opines: SC/ST Act enacted to protect interests of marginalized and is not to be used as an instrument to settle scores, Read Judgment

HC issues directions for providing basic facilities to pilgrims at Maa Chhinnamastike Temple, Read Judgment

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HC Reiterates: Criminality cannot be fastened upon the accused in every case of mere breach of contract, Read Judgment

Medical Negligence

HC Reiterates: Preliminary Inquiry with regard to alleged negligence must in a case of medical negligence, Read Judgment

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Present generation only a custodian of art, culture, and heritage of land: HC issues directions for preservation of Tagore Hill, Read Judgment

HC Expounds: Mentioning the religion of a person in FIR is a ‘serious issue’, Read Judgment

HC criticizes Police for shielding ‘real culprits’ in illegal mining case, Read Judgment

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[Order VII Rule 11 CPC] HC Expounds: Entire plaint to be considered to determine disclosing of cause of action, Read Judgment

HC Expounds: Acquittal in a criminal case doesn’t automatically lead to presumption of tendering of false evidence, Read Judgment

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HC Opines: A person cannot be weeded out of service after joining on account of unavoidable circumstances, Read Judgment

HC Expounds: Life Convict has no inherent right to claim premature release, Read Judgment

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HC Reiterates: Mens Rea is to be decided at the time of trial and not at the stage of issuance of summons, Read Judgment

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HC grants bail to a man accused of having links with ISI and creating communal tension, Read Judgment

[Partnership Act] HC Expounds: Using ‘Company’ or ‘Co.’ as a suffix is not a ground for rejection u/S 58, Read Judgment

HC orders reinstatement of deceased constable after acquittal in falsely implicated case, Read Judgment

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[Order 18 Rule 17 CPC] HC Expounds: Application seeking recall of witnesses cannot be allowed at the belated stage without cogent reasons, Read Judgment

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Difficult to submit categorical reply if contravention not clear: HC directs issuance of new Show Cause Notice, Read Judgment

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[Environment Protection Act] HC Expounds: Only person looking after day-to-day affairs can be prosecuted u/S 16, Read Judgment

HC Expounds: Non-providing of medical aid to wife constitutes cruelty u/S 498A of the IPC, Read Judgment

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[Employees Compensation Act] HC: Insurer of vehicle can’t escape liability to pay the interest on principal award u/S 4(A), Read Judgment

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, PIC BY:
HW News

[SC/ST Act] HC Reiterates: A private place can be within purview of a public view u/S Section 3(1)(x), Read Judgment

FIR.jpeg, pic by medium.com

‘Unfortunate that the citizen is compelled to approach the court when direction already there’; HC issues direction for registration of FIR, Read Judgment

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[NDPS Act] HC Expounds: Mere filing of FSL report not a ground for canceling default bail u/S 167(2), Read Judgment

[UAPA] HC Expounds: Mere framing of charge not a ground to deny bail if prima facie charge not made out, Read Judgment

HC Reiterates: A person cannot be held vicariously liable for acts of the company if the same is not made an accused, Read Judgment

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‘Staying in a live-in relationship during subsistence of marriage illicit’; HC imposes cost and refuses police protection, Read Judgment

internet.jpg, pic by the conversation

Notify orders suspending internet on website: HC reiterates guidelines issued in case of Anuradha Bhasin, Read Judgment

Punjab and Haryana High Court

HC Opines: 'Government in a welfare state expected to take prompt action for redressal of grievances', Read Judgment

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HC Expounds: Amendment in Rule 89(4) of the CGST Rules to have prospective effect, Read Judgment

[Minimum Wages Act] HC Expounds: S.22-C applicable where vicarious liability is to be imputed based on averment in the complaint petition, Read Judgment

[Prevention of Corruption Act] HC: The Superintendent of Police has the power to freeze bank accounts of suspects holding disproportionate assets u/S 18, Read Judgment

Reasonable presumption has to be made u/S 139 NI Act: HC directs paying of Cheque Amount, Read Judgment

Passport India

[Passport Act] HC Opines: Incomplete reports of police officials root cause of denial of passports, Read Judgment

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HC Reiterates: Not Title Holder but party aggrieved of dispossession will be purchaser of land, Read Judgment

Highly improbable for a Mother to kill her daughter for ₹90,000: HC grants bail to petitioner, Read Judgment

High Court Expunges 'Disparaging Remarks' made by court in a corruption case against Police Commissioner, Read Judgment

Installation of CCTV's in Courtroom

HC mandates comprehensive CCTV coverage in all Police Stations with 18 Months of data storage capacity, Read Judgment

HC awards damages of ₹5 lakhs to Candidate who was denied appointment to post of Naib Tehsildar due to miscalculation of marks, Read Judgment

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HC Expounds: Prosecution may examine other witnesses than those filed with Chargesheet to help Court arrive at ‘Just Decision’, Read Judgment

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‘Duty of the court to uphold and maintain the dignity of courts’; HC holds accused guilty for deliberate disobedience of order, Read Judgment

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HC cites ‘Bhartitya Nayaya Sanhita’ to rule that S. 195 CrPC is to be read inclusive of S.174A IPC, Read Judgment

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HC Expounds: Only a legal heir can file claim for compensation under Motor Vehicle Act, Read Judgment

Narcotic Drugs Dealer

[NDPS Act] HC Expounds: Twin conditions u/S 37 for grant of bail cannot be satisfied in case of multiple FIRs against accused, Read Judgment

Consent cannot be said to have obtained through misconception: HC discharges accused u/S. 376 IPC, Read Judgment

HC dismisses petition challenging withdrawal of industrial incentives reiterating ratio laid down in UOI vs Unicorn Industries, Read Judgment

‘Petitioner’s conduct so devastating as can shake the faith of society’; HC denies bail to female inspector accused of accepting bribe, Read Judgment

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[Negotiable Instrument Act] HC: Judgment of civil court binding on the criminal court for proving legally enforceable debt, Read Judgment

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HC Expounds: State cannot resile from the terms of the lease unless the same is shown to have been obtained through fraud, Read Judgment

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HC Expounds: Cognizance cannot be taken solely on the director without making the company accused in case of vicarious liability, Read Judgment

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[Motor Vehicle Act] HC Expounds: Dependency of major children on parent irrelevant in a claim for compensation, Read Judgment

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HC Reiterates: Regularization cannot become a regular process of recruitment, Read Judgment

Summons

HC: Continuation of proceedings u/S 174 of IPC abuse of process of law in case of compliance of summons, Read Judgment

[Hindu Marriage Act]HC: Order of maintenance passed in favor of not a predominant force while rejecting the claim for permanent alimony u/S 25, Read Judgment

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HC Expounds: Employer-Employee Relationship not terminated unless benefits of voluntary retirement accepted, Read Judgment

Possession of Immovable Property, pic by: makaan.com

HC: Finding arrived by Executive Magistrate as regards title and possession of a party will not be binding upon a Civil Court, Read Judgment

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

Ingredient of SC/ST Act absent: HC quashes FIR filed against BJP leader, Read Judgment

Adultery

HC Opines: Solemnization of a second marriage by husband sufficient cause to not return to the matrimonial house, Read Judgment

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HC: Procedural violations should be addressed during trial and not during bail application process, Read Judgment

order

‘Contention that principle of Natural Justice has not been complied is misplaced and misconceived’; HC dismisses petition seeking quashing of SCN, Read Judgment

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No reference of sexual assault in statement u/S 164 CrPC: HC grants bail to person accused under POCSO, Read Judgment

Cheque-Bounce-Cases

HC Reiterates: Separate complaint based on the same facts not maintainable during the pendency of case u/S 138 N.I Act, Read Judgment

‘Plaintiff, not being the proprietor had no locus to request for further loan’; HC dismisses petition seeking compensation of damages, Read Judgment

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[PMLA, 2002] HC: ED can continue with subsequent complaints and further investigation after submission of final report u/S 44, Read Judgment

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No question of corroboration if testimony itself has been held to be untrustworthy: HC sets aside conviction u/S 302 IPC, Read Judgment

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HC Opines: Government shouldn't mechanically follow opinion of Presiding Judge while deciding on remission, Read Judgment

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HC Enunciates: Valid Policy of vehicle is sine qua non for attracting liability of Insurance Company, Read Judgment

HC Expounds: Trial Court cannot impose a life sentence for remainder of natural life, Read Judgment

Difference in Medical Opinion of Selection Board and other Government Doctor: HC issues directions to constitute review Medical Board, Read Judgment

HC Opines: Promotion cannot be granted if there is presence of a tentative chargesheet filed against the person, Read Judgment

Consumer Protection

[Consumer Protection Rules] HC Expounds: Amendment which granted an extension of tenure applicable to incumbent members, Read Judgment

[Medical Termination of Pregnancy Act] HC Reiterates: Sale of MTP Kit itself not punishable under the act, Read Judgment

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HC Opines: Deciding a matter purely on technicalities, not a ground to deprive legitimate rights, Read Judgment

HC: Police officer duty bound to enquire into the commission of offence during official duty before registering FIR, Read Judgment

[Negotiable Instruments Act] HC Expounds: Resignation of director does not lead to automatic discharge of liability, Read Judgment

Bounden duty of State to protect life and liberty of every citizen, HC grants Protection to Married Woman who entered into a live-in-relationship [Read Judgement]

Resignation, PIC BY: abacusgrpllc.com

Approach adopted by Bank harsh and highly technical: HC directs for acceptance of resignation, Read Judgment

Investigation

HC Expounds: No need for Custodial Interrogation if investigation is already completed and challan has already been filed, Read Judgment

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[Value Added Tax Act] HC: Non-Obstante clause not included in S. 42(3) to extend the limitation period from the date of receiving an Audit objection, Read Judgment

Pregnancy.jpg, pic by dna

‘Would endanger the life of victim’; HC declines petition seeking termination of pregnancy by minor rape victim, Read Judgment

Compassionate Appointment/ Job, pic by: India Legal

HC Opines: Instructions in advertisement binding on candidates and same cannot be altered by Court, Read Judgment

Show Cause Notice.jpg

‘Punishment too harsh and disproportionate’; HC quashes order dismissing petitioner from service, Read Judgment

Forest Prevention

[Indian Forest Act] HC: Authorities cannot be restrained from exercising power of confiscation due to pendency of a Criminal Case, Read Judgment

HC Expounds: Likelihood of absconding while on parole is not sufficient ground to decline release, Read Judgment

[Income Tax Act] HC Expounds: Interest under Section 234B to be charged on eturned income and not on Assessed Income, Read Judgment

Documents at Trial Stage in Court.jpg

HC Reiterates: Disclosure statement admissible only if it leads to discovery of facts, Read Judgment

Pharma Drugs Cosmetics.jpg

[Drug and Cosmetic Act, 1940] HC: Mere delay in process of dispatch cannot be a ground for quashing cognizance, Read Judgment

Live In Relationships, pic by: YouTube

HC: Live-in couple cannot be deprived of Right under Article 21 if they are below marriageable age, Read Judgment

HC Enunciates: Availing one’s legal right would not amount to abetment to suicide in absence of any specific allegation, Read Judgment

Executive Officers.jpg

False information be given to Public Servant to cause injury to another person: HC quashes proceedings u/S. 182 IPC, Read Judgment

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HC: Certificate issued by Bar Association sufficient proof of a lawyer’s experience and no further proof is required for same, Read Judgment

Insurance Compensation.jpg

Such casual approach towards courts cannot be entertained: HC dismisses petition seeking compensation under RFCTLARR Act, Read Judgment

order

HC Reiterates: There is a mandate to execute Decree within a timeframe by every Executing Court, Read Judgment

Murder Case

Evidence on Last Seen Together alone not sufficient to establish guilt of accused: HC upholds acquittal u/S. 302 of IPC, Read Judgment

HC Expounds: Proclaimed Offender facing serious allegations cannot seek quashing of FIR on basis of a Compromise, Read Judgment

CBI (Central Bureau of Investigation)

‘Abuse of legal process’; HC directs CBI investigation in land grabbing case involving civil judge, Read Judgment

judge with Gavel.jpeg

‘Dire necessity of enlightening the judicial officers’; HC Directs All Judicial Officers To Undergo Program On Fundamental Rights, Read Judgment

legal-fees (Pic by Google).jpg

Suffered unnecessarily at hands of officials: HC directs paying of Litigation Cost to disabled person booked on ‘mistaken identity’, Read Judgment

Police Protection to Couples- InterCaste Marriage.jpg

Those responsible for upholding the law transformed into aggressors: HC directs constitution of SIT in case of false implication, Read Judgment

Convenience of wife considered than inconvenience of husband: HC allows petition seeking transfer of Divorce case, Read Judgment

Judge- Court.jpg

Petition mischievous, malicious and contemptuous: HC imposes ₹1 Lakh Cost on Lawyer for Suppressing Facts in Bail Plea, Read Judgment

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HC upholds proceedings against Retired Judge for reducing Pension despite Government action, Read Judgment

Digitization of Police Malkhana

Incident shocked conscience of entire Nation: HC dismisses bail application of accused in Police Station Attack Case, Read Judgment

HC: Fundamental Right to fair trial affected due to prolonged non-production of accused before Trial Court, Read Judgment

Indian Railways.jpg

Providing amenities for safe journey within legal liability of Railways: HC grants ₹8 lakh Compensation to Family of Deceased, Read Judgment

HC Reiterates: Ad Valorem Court Fees are not required to be paid in a petition filed for maintenance, Read Judgment

Bail

HC Expounds: Completion of Investigation or non-requirement for Custodial Interrogation, not a ground for granting Anticipatory Bail, Read Judgment

HC Expounds: CBIC Circulars Are binding on the Service Tax Department and their violations will make actions Illegal, Read Judgment

HC Expounds: Regularization of Service of Contractual Laborers, a matter of fact to be adjudicated by Industrial Tribunal, Read Judgment

Duty bound to maintain integrity of Service: HC upholds punishment against Constable who misbehaved with Couple at night, Read Judgment

Income Tax Department.png

HC: Income Tax Department is mandatorily required to provide all material information on which reliance was placed to Assessee, Read Judgment

Section 498A IPC

HC Opines: S.498A IPC being used as a weapon rather than a shield by disgruntled wives, Read Judgment

HC: Seniority should be decided on the basis of order of merit in Selection Process under RIMS Act, Read Judgment

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HC Reiterates: Bail conditions imposed by the court must be proportional to the purpose of imposing them, Read Judgment

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HC Reiterates: Putting criminal law in motion by examining only one or two witnesses is deprecated, Read Judgment

HC Expounds: Delayed sanction in prosecution of public servant doesn't automatically invalidate proceedings, Read Judgment

Jail

[NDPS Act] HC Expounds: Extension of Custody cannot be granted merely to collect FSL report, satisfaction of condition u/S 36A mandatory, Read Judgment

Employer, pic by: Saga

HC Reiterates: Court cannot lay conditions of eligibility, it's for Employer to prescribe qualifications, Read Judgment

Admission MBBS Candidates, pic by: The Sentinel

Use of unfair means in MBBS Exam can endanger lives of patients: HC upholds decision of cancellation of Exams, Read Judgment

Death Penalty.png

HC Expounds: Hearing on sentence in case of death penalty must to adjourned to grant time to accused for showing mitigating factors, Read Judgment

CrPC- Criminal Procedure Code- Code of Criminal Procedure

HC: Purpose of S.205 CrPC is to not cause any harassment to accused and prejudice to Complainant, Read Judgment

Drug- Narco.jpg

[NDPS Act] HC Expounds: Statements of Police Officers can form basis of Conviction even in absence of an independent witness, Read Judgment

Doctor

HC Expounds: Doctor’s Evidence runs contrary to Dying Declaration made orally by Deceased, Read Judgment

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, PIC BY:
HW News

[SC/ST Act] HC Reiterates: Accused not liable u/S 3(1) if Casteist remark made within four walls, Read Judgment

Coal , mines .jpg

[Mines and Minerals Act] HC Expounds: Mineral, Tool, Equipment, or Vehicle can be confiscated by an order of Court competent to take cognizance, Read Judgment

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

HC Expounds: Order passed under Order XXII Rule 3 CPC is not appealable under Order XLIII Rule 1 CPC, Read Judgment

Live In Relationships, pic by: YouTube

HC Expounds: Staying in a Live-in Relationship during subsistence of Marriage amounts to Bigamy, Read Judgment

[UAPA] HC Reiterates: Bail to Accused cannot be denied merely because of serious nature of allegations, Read Judgment

Wheat Godown-Storage.jpg

[PDS (Control) Order] HC Reiterates: Search and seizure conducted by unauthorized Block Supply Officer illegal, Read Judgment

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

Strange that Petitioner was arrested despite no allegations: HC quashes case against Reporter for passing Casteist remarks, Read Judgment

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HC Reiterates: Complaint against a doctor cannot be entertained in the absence of prima facie evidence, Read Judgment

Arbitration and Conciliation.jpg

[Arbitration and Conciliation Act] HC Reiterates: Arbitrators do not have the power to unilaterally issue orders determining their fees u/S 11(4), Read Judgment

Juvenile Crimes, pic by: Governance Now

[Juvenile Justice Act] HC Expounds: Child above 16 years not debarred from maintaining bail application u/S. 12 during pendency of Assessment, Read Judgment

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, PIC BY:
HW News

[SC/ST Act] HC Reiterates: Proceedings can be quashed if offence is primarily civil and not on account of caste of victim, Read Judgment

Motor Insurance.png

[MVA] HC: Insurance company required to prove breach by cogent evidence, cannot be absolved of liability in its absence, Read Judgment

HC Reiterates: Power can be exercised u/S. 482 after prima facie assessment in case where Evidence is at infancy stage, Read Judgment

Insurance Compensation - Motor Accident 1.jpg

[Motor Vehicles Act] HC: No restriction can be imposed while assessing the income of the deceased for determining compensation, Read Judgment

[Excise Act] HC Expounds: Places having valid Licenses can only be searched by designated officers u/S. 69, Read Judgment

Ram Rahim.jpg

‘Complainant has selectively presented segments without proper context’; HC quashes FIR against Ram Rahim u/S 295 IPC, Read Judgment

Employment Law.PNG

Object of Compassionate Appointment to enable Family to tide over crisis: HC grants appointment to Married Daughter, Read Judgment

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Violation of Article 21: HC sets aside order directing petitioner to mark his attendance for a period of six months before the Officer, Read Judgment

Indian Penal Code- Criminal Prosecution- Crime.jpg

Continuing Criminal Proceedings without criminality abuse of process: HC quashes proceedings against Bank Officials accused of Theft, Read Judgment

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No justification for an indefinite period of investigation: HC quashes 15 yrs old mischief case, Read Judgment

HC Expounds: Accused has a right to be heard in revision petition challenging dismissal order, Read Judgment

Summons

No mandate under CrPC for appearance of Witness only after issuance of summons: HC sets aside order disregarding witness, Read Judgment

Right to a fair Trial of Accused prevails over Policeman’s Right to Privacy: HC allows petition seeking call records u/S 91 CrPC, Read Judgment

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Transfer done manually not electronically: HC dismissed plea challenging denial of GST ITC claim, Read Judgment

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Casual Conduct: HC imposes a cost of 30k on School which awarded zero marks in Board Examination, Read Judgment

[NI Act] HC: Spouse not liable u/S 138 merely because the cheque was drawn from the couple’s joint account, Read Judgment

No reasonable grounds for believing that allegations prima facie true: HC grants bail to accused under UAPA, Read Judgment

‘Bank has alternate remedies to recover’; HC grants bail to manager accused of disbursing loan on forged documents, Read Judgment

Cheque Cases

‘More empathy needed’; HC grants anticipatory bail to illiterate woman accused u/S 138 NI Act, Read Judgment

Parole/ Bail/ Prison/ Sentence/ Jail, pic by: Time Magazine

'Glaring Inconsistencies' between Ocular and Medical Evidence; HC sets aside conviction u/S 304 IPC, Read Judgment

Sec- 420 (Indian Penal Code)/ Cheating, pic by: YouTube

Bail Plea cannot be turned into recovery proceedings: HC makes interim bail absolute in Cheating Case, Read Judgment

Death

HC Expounds: ‘Samadh’ of a family member, not a place of worship, defilement no offence u/S 295 IPC, Read Judgment

High Court Rules in Favor of Revenue in Clean Energy Cess Case, Read Judgment

Persons suffering from drug addiction huge: HC takes suo-moto cognizance of Drug Trafficking in Punjab, Read Judgment

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HC grants police protection to petitioner allegedly facing threats from BJP MP Kirron Kher, Read Judgment

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Deprivation of Right to Speedy Trial unacceptable: HC orders training of Cops on Fundamental Rights, Read Judgment

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‘Trend of granting bail mechanically disturbing’; HC urges courts to uphold judicial discipline, Read Judgment

Mechanical inclusion of UAPA causes deep trauma: HC issues directions to check misuse of UAPA provisions, Read Judgment

Non-regularization of Employees amounts to violation of Articles 14 & 16: HC issues directions for regularization of Class IV Employees, Read Judgment

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HC dismisses petition challenging termination order of jail authorities over 2016 Nabha Jailbreak, Read Judgment

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Contractual Employee cannot claim continuation of service: HC dismisses petition of Teacher seeking resumption of Service, Read Judgment

Jharkhand High Court

HC: Courts not to act mechanically like a post office and issue process without application of judicial mind, Read Judgment

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‘Parent morally bad in a societal sense may be good for the child’; HC upholds visitation rights to father addicted to drugs, Read Judgment

UGC

HC Reiterates: UGC schemes cannot be automatically applied in a state without a deliberate decision by the State, Read Judgment

‘Giving birth while in custody traumatic both to mother and child’; HC grants bail to pregnant woman accused under NDPS Act, Read Judgment

HC Reiterates: Migrated Person to get Reservation only in State of Origin and not Migrated State, Read Judgment

Operation Blue Star

Compassionate Appointment granted for immediate relief: HC dismisses petition of a man whose father died in Operation Blue Star, Read Judgment

Student in Jail.png

UAPA, PMLA cannot be invoked by writing of a letter from SSP: HC directs Government to reconsider case of acquitted Policemen, Read Judgment

HC Reiterates: Examination of Doctor who conducted post-mortem necessary to prove Cause of Death, Read Judgment

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HC Expounds: Nexus between Offence and Bank Account required for seizure of account u/S. 102 CrPC, Read Judgment

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HC Reiterates: Nature of Evidence is irrelevant at Charge Framing Stage, Court required to assess prima facie material, Read Judgment

Judge, Mobile.jpg

HC Expounds: Reassessment Proceedings valid after 10 Years Post-Search under New Legislation, Read Judgment

Approach of RBI pedantic: HC directs issuance of Appointment Letter to PWD Candidate who failed to give Biometric Data, Read Judgment

Mere filing of representation doesn't revive stale cause of action: HC dismisses appeal seeking regularization of service, Read Judgment

Jails

[PMLA] HC Expounds: Accused to be informed of grounds of arrest on day of Detention even if same made without official arrest memo, Read Judgment

[Negotiable Instruments Act] HC Expounds: Signatory cannot be made vicariously liable in a Sole Proprietary trading u/S 141., Read Judgment

Jharkhand High Court New Building.PNG

HC issues directions for undertaking 2nd Phase construction of Mega Destination, Deoghar after a delay of 10 years, Read Judgment

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

[NDPS Act] HC: Prosecution cannot rely on recitals of mahazarnama (declaration) for conviction u/S. 20, Read Judgment

Video Conference in Court Proceedings

Depriving opportunity to depose due to diplomatic standoff violative of Article 21: HC allows petition seeking to record evidence via VC, Read Judgment

judge Gavel.jpg

Magistrate has discretion to direct Police Investigation into Complaint without passing elaborate orders u/S 156(3) CrPC, Read Judgment

Investigation (Pic By Google).jpg

Do not want to control line of investigation: HC dismisses petition by Father whose Daughter died in suspicious circumstances, Read Judgment

HC Expounds: Prosecution must stand on own legs while proving pendency of official favor, Read Judgment

Salary doesn't fall within scope of trecurring cause of action: HC dismisses petition challenging upgradation of Pay Scale, Read Judgment

Prosecution failed to establish a nexus: HC upholds acquittal of Police Officials accused of Corruption, Read Judgment

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HC Reiterates: Parliament’s Legislation takes precedence over State in case of conflicting law u/A 254(1), Read Judgment

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HC: Physical Verification not mandatory under Fuel Supply Agreement, discretion is granted to Seller, Read Judgment

Police Protection to Couples- InterCaste Marriage.jpg

HC Expounds: Can rely on the statement of a hostile complainant if sufficient evidence is available to corroborate the prosecution’s version, Read Judgment

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HC: Railway Vigilance Manual cannot be ignored even though same is procedural as it safeguards employees from false implications, Read Judgment

Abortion and Pregnant.jpeg

‘Selective termination of pregnancy fuels gender inequality’; HC refuses to quash FIR against doctor accused of conducting illegal sex determination, Read Judgment

Revisional Court has very limited authority to re-assess evidence: HC dismisses petition challenging maintenance order, Read Judgment

Rental Agreement.jpg

Agreement duly executed and valid: HC dismisses appeal filed against termination of Tenancy Agreement, Read Judgment

HC Expounds: Mere violation of Bail Condition not enough to cancel Bail, presence of overwhelming circumstances necessary, Read Judgment

Rent -Tenant-Property.jpg

HC: S.23 of CNT Act doesn't automatically vest land upon ex-landlord after death of Raiyat, Read Judgment

Benefits not automatically Pensionable: HC dismisses petition of State Information Commissioner seeking retiral benefits, Read Judgment

Drugs Smuggling

[Drugs and Cosmetics Act] HC: The Drug Inspector and not the police hold the power to search and seize u/S 22, Read Judgment

Husband- Wife (Marriage).jpg

HC Reiterates: Relatives of Husband shouldn't be roped in unless specific instances of their involvement are made out u/S 498A IPC, Read Judgment

HC seeks inputs from States for District-level Digital Apps for prisoners’ parole applications, Read Judgment

Maintenance Case.jpg

‘Neglect of financial obligations despite a substantial income’; HC affirms Rs. 50,000 monthly maintenance to wife, Read Judgment

Motor Vehicle Act

HC Reiterates: Percentage of Permanent Disability doesn't always equate to loss of earning capacity under MVA, Read Judgment

Central Administrative Tribunal.png

[CAT Act] HC Reiterates: Cases of Sexual Harassment, as inquired under service rules, should be addressed by CAT and not the HC, Read Judgment

Tenant

Moral Duty to settle down grown Sons: HC upholds Tenant’s ejectment on personal necessity, Read Judgment

Passport of India

‘Fundamental Right to hold passport cannot be curtailed’; HC directs police to return passport of TDP member, Read Judgment

Insurance Compensation - Motor Accident 2.jpg

HC Reiterates: Heavy earth moving vehicles covered within the purview of MVA, can only be driven by licensed individuals Read Judgment

Corporate Veil- Court- Trial- Judge.jpg

HC Reiterates: Conducting a mini-trial at the stage of disposing of a discharge application is not permissible, Read Judgment

HC Expounds: Registered adoption deed, not a public document, cannot be marked as an exhibit without formal proof, Read Judgment

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Adducing Evidence a valuable right: HC allows POCSO accused to examine UDAI Official, Read Judgment

Money Laundering

Benefit of just Rs 50K: HC grants bail to man booked under PMLA in land allotment scam case, Read Judgment

Dying Declaration, pic by: youtube.com

Uncorroborated Dying Declaration coupled with contraction in Medical Evidence: HC sets aside Conviction under S.302 IPC, Read Judgment

Clerk- Employee.jpg

HC Reiterates: Employee who refused to avail the opportunity to defend himself cannot complain about the denial of reasonable opportunity later, Read Judgment

Forest Land.jpeg

Issue already settled by Supreme Court: HC imposes a cost on Union Government for arguing on an established legal issue, Read Judgment

[HMA] HC: Court not required to conduct a detailed inquiry in an application seeking waiving of statutory period u/S 13-B, Read Judgment

Insurance Compensation - Motor Accident 1.jpg

HC Expounds: Insurance Company liable to compensate for a hired Driver's claim in the case of his Death, even if the same caused due to his Negligence, Read Judgment

Income Tax Act.jpg

HC: Income Tax is not leviable on an interest-free refundable security deposit for the competition of project, Read Judgment

Reasonable Grounds for believing that accused is not guilty: HC grants bail to Congress MLA in Drugs Case, Read Judgment

Forest Land.jpeg

HC issues interim order permitting Civil Courts to deal with Title Suits after challenge to AP Land Tilting Act, Read Judgment

Explosive Material.jpg

[Explosive Substances Act] ‘2 years delay in sending sample for forensic analysis’; HC sets aside conviction u/S 5, Read Judgment

Motor Vehicle Act

[MVA] HC: Oral testimony given under oath should not be doubted based on conjecture especially when no evidence is provided to counter the same, Read Judgment

Journalist Arrested.jpg

Journalists serve as an independent monitor of power: HC quashes Summoning Order against Journalist accused in Defamation Case, Read Judgment

teaching online, pic by google

Not held since last nine years: HC directs State Government to conduct STET Examination annually, Read Judgment

Indian Railways.jpg

HC Reiterates: Right to claim Compensation from Railway Administration would begin from the date of said incident, Read Judgment`

Claims not included in approved Resolution Plan nullified: HC dismisses petition seeking Refund of Forfeited Amount, Read Judgment

Jharkhand High Court

HC Reiterates: Order of foreclosure cannot survive or can be treated as an impediment for a long period of more than 10 years, Read Judgment

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HC Reiterates: Certiorari Jurisdiction can be exercised only to correct the error of Jurisdiction, Read Judgment

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Non-compliance in procedure cannot be cured as irregularity; HC sets aside Proclamation Order, Read Judgment

Aadhar

HC seeks response from State on plea seeking issuance of Aadhar Cards and other basic necessities to Beggars, Read Judgment

Rent -Tenant-Property.jpg

Yet another example of intransigence of State Authorities: HC sets aside order of cancellation of allotment, Read Judgment

‘Pious duty of a son to maintain his old aged father’; HC orders son to Provide Monthly Maintenance to father, Read Judgment

Aadhaar Card.png

‘May lead to serious consequences’; HC asks UIDAI how two Aadhar Cards With different dates of birth issued in name of same person, Read Judgment

Family Law-Maintenance.jpg

[Family Court Act] HC: Order VIII, Rule 1-A CPC is directive in nature especially for the proceedings under the Act, Read Judgment

‘Discrepancies in circumstantial evidence’; HC acquits man convicted for murdering his wife and children over illicit relationship, Read Judgment

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No Personal Knowledge of Victim’s Caste: HC quashes FIR against Times Now Journalist in caste hurl case, Read Judgment

‘Necessary to instill confidence in public mind’; HC directs CBI to investigate the murder of an eight-year-old boy, Read Judgment

Jharkhand High Court

‘Local body elections must not be delayed’; HC issues direction for conducting Municipal Elections, Read Judgment

Passport India

Neither Passport Authorities nor Police Authorities interested in avoiding litigation: HC pulls up State for not following prescribed proforma, Read Judgment

22 Years of Silence Challenges Credibility: HC dismisses appeal challenging registered GPA, Read Judgment

Ministry of Youth Affairs and Sports.jpg

HC issues order asking Sports Minister to consider Gold Medalist Archer’s representation for Khel Ratna Award, Read Judgment

Arbitrary exercise in giving incentives against principle of Non-Arbitrariness: HC directs extending of out-of-turn Promotion Benefits, Read Judgment

Prima facie material found u/S. 498A: HC dismisses petition seeking grant of Anticipatory Bail, Read Judgment

Panjab University (PU).jpg

HC directs Punjab University to conduct an interview of a candidate who was rejected despite clearing NET, Read Judgment

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Child not ready to accompany her: HC denies petition by mother seeking Custody of a Minor who wanted to stay with a stepfather, Read Judgment

Categorizing Students during Selection Process not justifiable: HC quashes PGT Screening Test Result, Read Judgment

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

[SC/ST Act] HC Expounds: Offence would not be made out until and unless the victim is subjected to abuse because of his caste identity, Read Judgment

Forest Land.jpeg

HC: State cannot cancel an allotment of land without affording an opportunity to the person in its constructive possession, Read Judgment

‘Pre-arrest bail can be granted only when court is of view that the applicant has falsely been implicated’; HC denies pre-arrest bail to POCSO accused, Read Judgment

Deed of variance changing Retiral Benefits cannot be applied retrospectively: HC allows petition of an Employee seeking benefit of Old Pension Scheme, Read Judgment

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, PIC BY:
HW News

[SC and ST Act] Requisite intention not made out: HC sets aside conviction under u/S 3(1)(x), Read Judgment

Pregnancy.jpg, pic by dna

‘Child would be a reminder of trauma and agony’; HC allows minor rape victim to terminate pregnancy, Read Judgment

Punjab-and-Haryana-High-Court(Pic by Google).jpg

‘Cavalier and cursory approach of state’; HC imposes cost on the state for filing for cancellation of anticipatory bail, Read Judgment

Mere contravention of substantive law of India, by itself, is not a ground to set aside an Arbitral Award; HC dismisses appeal seeking to set aside an Arbitral Award, Read Judgment

HC Expounds: Presumption of Marriage can be drawn u/S. 125 CrPC if parties live together as Husband and Wife, Read Judgment

Husband and Wife- Marriage.jpg

‘Increased tendency of implicating relatives of husband in matrimonial disputes’; HC quashes proceedings against petitioners u/S 498A, Read Judgment

Adoption Ceremony as per Hindu Adoptions and Maintenance Act, pic by: The Indian Express

Responsibility of Father to maintain Children: HC upholds order directing petitioner to pay Maintenance to Wife and Children, Read Judgment

Abetment to Suicide.jpg

Charge Establishes Beyond a Reasonable Doubt: HC affirms Conviction under Section 306 IPC, Read Judgment

[Negotiable Instruments Act] HC Reiterates: Only complainant and not accused permitted to file Evidence by Affidavit u/S 145(1), Read Judgment

Juvenile Justice, pic by: Lincoln's family

[JJ Act] HC: Gravity of Offence cannot be a ground to deny bail to a Juvenile unless there are exceptional circumstances u/S 12,’ Read Judgment

HC: Power u/S. 319 CrPC cannot be exercised unless evidence satisfies ‘test of more than prima facie case’, Read Judgment

Witness Box.jpeg

HC: Witnesses of search and seizure are not required to attend the Court as witnesses unless specially summoned by the Court,’ Read Judgment

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‘Jurisdiction under Article 227 limited’; HC Dismisses Appeal Challenging Temporary Injunction, Read Judgment

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

HC: There cannot be any order of maintenance u/S 125 CrPC once the marital relationship is disproved, Read Judgment

Narcotic Drugs Dealer

[NDPS Act] HC Reiterates: Sampling of seized narcotic substances is to be done before a magistrate and not at the time of seizure u/S 52-A, Read Judgment

Dowry Case.jpg

Court has power to allow compounding of a non-compoundable offense u/S 482 CrPC: HC quashes FIR u/S 498A, Read Judgment

‘Callous and Irresponsible’; HC pulls up police officials for approach in investigation in a kidnapping case, Read Judgment

order

‘Plea of alibi is to be taken at the earliest and should not be an afterthought’; HC upholds conviction u/S 324 IPC, Read Judgment

Corporate Veil- Court- Trial- Judge.jpg

HC Reiterates: Court not allowed to deeply analyze evidence or conduct a Mini-Trial at the stage of framing Charges, Read Judgment

Cheque company director.png

[NI Act] HC Reiterates: Director or an officer of the company who signed the cheque renders himself liable in case of dishonor, Read Judgment

PMLA- Money Laundering.jpg

HC Reiterates: Action for money laundering cannot be based on mere assumptions without a registered or pending scheduled offence, Read Judgment

HC directs CGST Preventive Wing and DGGI Wing to Forward all Investigation and Inter-Related Transaction to State Authorities, Read Judgment

University Campus- Students.jpg

‘Duty of students to be vigilant’; HC dismisses petition of CBSE student seeking to apply for improvement examination after last date, Read Judgment

HC: State cannot adopt different yardsticks for Family Members of martyred Defence Personnel while deciding claims for Employment, Read Judgment

judge Gavel.jpg

‘Lackadaisical Approach of state’; HC imposes 1 lakh on the state for denying retiral benefits to widow of a constable who died on duty, Read Judgment

HC Reiterates: Mandamus cannot be issued in the absence of any statute or rule or policy decision, Read Judgment

Indian Army.png

HC: Acquittal on ground of benefit of doubt in moral turpitude cases is not an absolute bar for appointment in Armed Forces, Read Judgment

Order-Order-gavel

If an authority acts in undue haste, malice in law is to be presumed and his action is deemed to be mala fide, Read HC Judgment

Arbitration Contract

Parties to Arbitration Agreement must clearly state their intention to Arbitrate: HC dismisses petition seeking appointment of Arbitrator, Read Judgment

HC: Mere delay in issuance of Advertisement doesn't automatically confer any right for an individual to seek relaxation, Read Judgment

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

HC Holds: Husband can't maintain a Writ of Habeas Corpus for forcing Wife to join him back, Read Judgment

[Arbitration and Conciliation Act] HC: Reduction of interest is a modification of the original award and is illegal, Read Judgment

Court- Lawyer- Pending- Case- Filing- Order.PNG

HC Expounds: An Amendment in Plaint with regard to correction in area of suit land doesn't change the nature of Suit, Read Judgment

Documents at Trial Stage in Court.jpg

HC: Introduction of new documents during evidence by plaintiff doesn't give a right to Defendant to amend his Pleadings to fill up lacunae, Read Judgment

HC Opines: An entry in ACR of a Public Servant must be communicated to him within a reasonable period, regardless of entry’s nature, Read Judgment

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

HC: Order contravening procedure under Order IX Rule 8 of CPC is not a Decree and can be dismissed for default, Read Judgment

police 2.jpg

HC Expounds: ‘When the examination of the Investigating Officer is vital, his non-examination would be fatal to the case of the prosecution,’ Read Judgment

‘Husband obligated to provide maintenance despite lack of income’; HC dismisses petition challenging order of maintenance, Read Judgment

Corporate Veil- Court- Trial- Judge.jpg

HC: Mere apprehension expressed by petitioner at the stage of judgment cannot be a valid ground to transfer the trial of a case, Read Judgment

GST- Tax.jpg

HC Reiterates: Section 5 of the Limitation Act does not apply to Section 107 of the CGST Act, Read Judgment

Nation wide Lawyer's Strike

HC Expounds: Courts of Law cannot be equated with industrial establishments, concept of Trade Unions cannot be utilized to justify strikes, Read Judgment

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[CGST Act]- HC directs CBIT to consider extending time extension for filing an appeal against order u/S. 73, and 74 to orders u/S. 120 and 130, Read Judgment

Religion

Extreme step of social, religious and economic ex-communication for an innocuous reason: HC sets aside ex-communication order, Read Judgment

Unfortunate Situation: HC directs SSP to formulate a strategy to trace Minor Girl kidnapped four months ago, Read Judgment

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HC: Question of exercising discretionary power of granting ‘benefit of doubt’ doesn't arise in absence of any evidence in respect of role of accused, Read Judgment

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HC: Acts like misappropriating funds and fabricating documents not part of official duty for the purpose of claiming protection u/S 197 CrPC, Read Judgment

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[HMA] HC Reiterates: Grounds u/S. 11 are different from grounds u/S. 12, petition cannot be judged on grounds other than those u/S.11 , Read Judgment

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HC Expounds: Sibling fee relief granted by a School cannot be claimed as a matter of right, Read Judgment

Commercial Law.jpg

[Commercial Courts Act] HC: Prayer for urgent relief cannot be used to circumvent the requirement of pre-litigation mediation u/S 12A, Read Judgment

‘While exercising power under Section 263 of the IT Act, it is mandatory for the CIT to record a finding that the case is of no inquiry,’ Read Judgment

GST- Goods and Services Tax.jpg

‘Gross delay in availing remedy’; HC dismisses petition challenging cancellation of GST registration, Read Judgment

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HC Expounds: Technical mistakes, if not financially detrimental do not warrant penalties under GST, Read Judgment

Conversion upon Marriage- Love Jihad Law

[UP Anti-Conversion Law] HC: Interfaith marriage not valid if performed without compliance of Sections 8 and 9, Read Judgment

Income Tax Act.jpg

‘A person cannot question an order passed under Section 148A (d) of the IT Act when he did not question the reopening of the assessment,’ Read Judgment

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‘Absence of Guidelines cannot ipso facto result in invalidation’; HC upholds law regulating fees of Private Schools, Read Judgment

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HC Reiterates: Proceedings under Section-107 CrPC cannot be disposed of without recording special reasons for disposal, Read Judgment

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‘The question of title and illegal eviction, including no notice having been given, are not to be raised under Article 226 of the Constitution,’ Read Judgment

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‘Not permissible to prosecute Chairman without initiating proceedings against the Company’; HC sets aside charges against Chairman, Read Judgment

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HC Expounds: Anganwadi Sevika cannot claim protection under Article 311 of the Constitution as it is not a Government Service, Read Judgment

HC Reiterates: Mere fact that the evidence is of police officials does not by itself give rise to any doubt about its creditworthiness, Read Judgment

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HC: Duty of State to disburse Gratuity and Pension amount on due date, State obliged to pay interest in case of delay, Read Judgment

[Arbitration and Conciliation Act] HC Reiterates: Debatable questions of fact cannot be looked into while hearing application u/S. 11(6), Read Judgment

HC: Arbitral Award under MSMED Act is to be challenged u/S. 19 of the Act read with S.34 of Arbitration Act, Read Judgment

Gun Brandishing

HC Reiterates: Mere pendency of Criminal Proceedings is not a ground for cancellation of Firearm License, Read Judgment

[Police Act] HC: Same Magistrate cannot be both Witness and Judge in a case registered against SHO, Read Judgment

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HC Expounds: No part of a Confessional Statement taken in Police Custody without preparing any arrest memo can be used in evidence, Read Judgment

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[Income Tax Act] HC: Assessing authority only required to record bonafide satisfaction for assuming Jurisdiction u/S. 148, Read Judgment

GST

[UPGST] ‘Technical violation by itself without any intention to evade tax cannot lead to imposition of penalty’: HC sets aside penalty order u/S 129(3), Read Judgment

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‘Initiating proceedings u/S. 145 CrPC without disclosing the basis for the apprehension of breach of peace amounts to colorable exercise of power,’ Read Judgment

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HC Expounds: ‘Parties cannot be directed to stay together as a condition of anticipatory bail where there is an allegation of mental and physical cruelty,’ Read Judgment

Clear case of dark face of our Societ: HC quashes case against Husband filed by Wife’s father due to disapproval of Marriage, Read Judgment

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Habeas Corpus proceedings may not be utilized to examine the legality of the Child Custody: HC dismisses petition of a father seeking custody of minor son, Read Judgment

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Not providing documents to a person required for his defense amounts to a violation of the principles of Natural Justice, Read Judgment

Mere issuance of an appointment letter does not make a person a ‘Government Servant’ unless he/she has submitted joining and started serving, Read Judgment

An Insurance Company cannot reopen report of a Surveyor when it had repudiated its report by appointing another surveyor, Read Judgment

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[CGST] HC Expounds: Appellate Authority does not have the power to remand the case back to Adjudication Authority u/S. 107, Read Judgment

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

Once Court pronounces a Suit as undefended under Order VIII Rule 10, it cannot pronounce judgment on deemed Admission of Plaint, Read Judgment

Neither Complainant nor Accused has the right to invoke Section 216 CrPC to seek any addition or alteration of charge, Read Judgment

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[Arbitration and Conciliation Act] HC: Splitting of an Arbitral Award for publication is unnatural and unsupported by law, Read Judgment

order

HC Reiterates: Person summoned u/S. 319 Cr.P.C. cannot avail the remedy of Discharge u/S. 227 Cr.P.C., Read Judgment

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HC Expounds: Habeas Corpus, in a Child Custody matter, would be entertainable only where detention of minor child is illegal and without the authority of law, Read Judgment

Tribunals, pic by: Basics

Plaintiff can approach Civil Court even when his case may be exclusively triable by the Tribunal if remedy before the Tribunal is uncertain, Read Judgment

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[Negotiable Instruments Act] HC Expounds: Demand Notice sent to the drawer of cheque via email or WhatsApp is valid u/S 138, Read Judgment

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HC: Validity of an order passed by a statutory functionary can be adjudged only on the reasons mentioned by it and fresh reasons cannot be supplemented, Read Judgment

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[SC/ST Act] HC: Inherent jurisdiction u/S 482 CrPC cannot be invoked by the aggrieved when an order appealable u/S 14A, Read Judgment

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HC: Statutory Condition for not granting Compassionate Appointment if spouse of Deceased is already Govt Employee cannot be extended to Children, Read Judgment

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‘Misconceived application’; HC dismisses petition seeking quashing of FIR for forcible entry to mosque against AIMIM leader, Read Judgment

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HC Reiterates: Compassionate Appointment cannot be granted on a higher post than post held by deceased, Read Judgment

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HC Opines: Rejection of application under Order VII Rule 11 CPC will not operate as res judicata on deciding issue of limitation, Read Judgment

Cheque

[NI Act] HC: ‘Section 142 does not prescribe who can represent the company, can be represented by an employee or a known employee’, Read Judgment

A suspended Principal cannot take part in Recruitment Process, nor can be expected to form part of Selection Committee, Read Judgment

HC Expounds: S. 311 of Cr.P.C. cannot be used for filling up lacunae through recall or examination of witnesses for the purpose of creating fresh evidence, Read Judgment

Students.jpg,pic by Modern Diplomacy

‘Fees deposited quid pro quo for studies imparted’; HC directs college to refund fees to a student who resigned from allotment made in first counseling, Read Judgment

HC Expounds: Scope of Revisional Jurisdictional is primarily focused on questions of Law, Jurisdictional Errors, or Procedural Irregularities, Read Judgment

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[Arbitration and Conciliation Act] HC: Arbitration cannot be inferred from party's conduct alone, Read Judgment

[CGST] HC: Requirement of self-certified copy of order not applicable to appeals filed electronically u/S. 107 read with Rule 108 of CGST Rules, Read Judgment

HC: Mere Technical Error committed by Petitioner cannot result in imposition of a harsh penalty, Read Judgment

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HC: Even in absence of a formal application, delay can be condoned if there is sufficient material on record disclosing sufficient cause for delay, Read Judgment

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HC: Its not necessary to establish bias to vitiate Selection Process when selected candidate is son of the person making selection, Read Judgment

Taxes

[UPGST] HC: Right of Personal Hearing cannot be taken away due to failure in filing reply to Show-Cause Notice u/S. 75(4), Read Judgment

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HC: Principle of Res-Judicata doesn't apply in tax matters, however Department cannot be allowed to change stance unless there is marked change, Read Judgment

Patna High Court

Cannot be deemed to be a Legal Entity: HC dismisses petition by Sikh Collective against nominations made to Sri Takhat Harimandir Ji, Patna Saheb, Read Judgment

Calcutta High Court

Atrocities on villagers repulsive and heart-wrenching: HC quashes S.144 CrPC order imposed in Sandeshkhali, Read Judgment

Forced Arbitration

[Arbitration and Conciliation Act] HC Expounds: Compliance with Section 21 by sending a notice invoking arbitration is mandatory, Read Judgment

Lawyer, Civil Case, Court, Advocate,

HC: Non-Appearance of Counsel for Applicant amounts to Professional Misconduct, Tantamount to Bench hunting or forum shopping, Read Judgment

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[National Security Act] HC: Order u/S. 12(1) passed by State confirming detention cannot be reviewed, Read Judgment

Taxes

HC: Absence of Tax Invoices at the time of interception and their subsequent production doesn't absolve Assessee from liability, Read Judgment

Calcutta High Court

Press must be allowed to function freely and independently: HC grants bail to journalist arrested in Sandeshkhali, Read Judgment

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HC: Onus of proving whether interim protection continues beyond a certain date or not is on the party who will be at a loss if there is no interim order, Read Judgment

Possession of Immovable Property, pic by: makaan.com

HC: Property purchased by Hindu husband in name of his homemaker spouse can be presumed to be family property u/S 114 IEA, Read Judgment

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Limitation crucial for both Taxpayers and Tax Authorities: HC dismisses application under Limitation Act, Read Judgment

[Indian Succession Act] Appeal u/S. 299 will lie only against orders appealable as per Order 43 Rule 1 CPC, rules HC [Read Judgment]

Person responsible should be dealt with iron hand: HC directs probe into difference in quantity of drugs in seizure list and Magistrate’s Certificate, Read Judgment

Cheque Cases

[Negotiable Instruments Act] -Return of unpaid cheque by the bank with ‘Account Closed’ remark amounts to offence u/S 138, Read Judgment

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[GST] ‘Initial burden of proof to show intention of tax evasion in case of clerical or typographical error lies on the department’, Read Judgment

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[Arbitration and Conciliation Act] HC: Clause mandating the appointment of gazetted Railway Officers for arbitration violative of Section 12(5)’, Read Judgment

Patna High Court

HC: ‘An accused cannot be convicted u/S. 27 of the Arms Act when no firearm has been recovered from the possession of any of the accused persons,’ Read Judgment

[Indian Succession Act] HC: Court has power to revoke or annul a grant for just cause u/Sec. 263, Read Judgment

Live In Relationships, pic by: YouTube

Cannot protect Relationship not supported by law: HC dismisses petition of Married Woman in live-in relationship seeking protection, Read Judgment

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HC: Mere presence of a person in Assembly at the time of commission of offense of rioting is not sufficient to consider him as a member of the unlawful assembly, Read Judgment

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HC: ‘Deciding an appeal based on a report from the authority whose decision itself is under challenge amounts to violation of the principles of Natural Justice,’ Read Judgment

HC: Mere filing of a Criminal Complaint doesn't oust jurisdiction of High Court under Section 463(2) of Companies Act, 2013, Read Judgment

Muslim Women's Entry in Mosques

Cannot support such type of Criminal Act: HC dismisses Protection Plea of a married Muslim woman in a Live-in Relationship, Read Judgment

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Prosecution case may suffer: HC directs state to change its Public Prosecutor in POCSO Case, Read Judgment

British Sikh Girls subjected to sexual abuse

‘Addressing an unknown lady on the street with the word ‘darling’ patently offensive’; HC affirms conviction u/S 354A and 509 IPC, Read Judgment

HC: Statutory Appeals filed after compliance with the pre-deposit condition must be decided in a reasonable time, Read Judgment

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HC Expounds: Writ Jurisdiction can only be exercised in case of good faith, it is liable to be dismissed in case of concealment of facts, Read Judgment

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HC: Mere silence of a party affecting the willingness of a person to enter into a contract is not fraud unless silence is in itself equivalent to speech, Read Judgment

HC: A second FIR is admissible only when the allegation of offense is distinct and separate from the first FIR in respect of the same incident, Read Judgment

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‘Case falls in the category of exception in saying “Bail is the rule, Jail is an exception”; HC dismisses petition seeking bail in murder case, Read Judgment

JUDGE-875

HC: ‘If an applicant suppresses a material fact or attempts to mislead the Court, the Court may dismiss the action without entering into the merits of the case,’ Read Judgment

HC: Differential treatment of Non-government employees from Government employees for leave encashment exemption is not violative of Article 14, Read Judgment

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HC Expounds: Any order imposing penalty passed without conducting a departmental inquiry on the disputed facts is invalid, Read Judgment

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HC: Commencement of Trial in O.VI R.17 of the CPC must be understood in a limited sense and does not include the stage of framing issues, Read Judgment

‘Will destroy the social fabric of our country’; HC dismisses petition seeking protection of married individuals in a live-in relationship, Read Judgment

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HC Expounds: Unilateral declaration executed on a stamp paper is not a mode of dissolution of Hindu Marriage, Read Judgment

Employee-Office-Work, pic by: Business & Finance

HC: Pendency of a Criminal Case is not a bar to initiating departmental proceedings even though contents of charge memo and FIR are identical,Read Judgment

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HC: ‘A person cannot file an application under Order XXI Rule 26 of the CPC when an application under Order IX Rule 13 has already been filed,’ Read Judgment

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HC: Revision Court cannot grant further time for filing an application for condonation of delay when no such case was made before Sessions Judge, Read Judgment

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HC Reiterates: 25% of husband's net salary would be just and proper to be awarded as maintenance to wife, Read Judgment

HC: Impleadment of a party can be allowed even at an appellate stage if the party can show to the Court that non-impleadment would seriously prejudice him, Read Judgment

‘Marriage between Hindus governed by HMA, cannot be dissolved by way of compromise in proceedings u/S 125 CrPC’, Read Judgment

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HC Expounds ‘Residing in the house of father’s friend of different religion by a married lady does not amount to adultery’, Read Judgment

Pakistan-India

Articles 14 and 21 not restricted to Indian citizens: HC releases Pakistani National staying in prison despite completion of Sentence, Read Judgment

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[U.P Fighters of Democracy Honour Act] HC Expounds: Mere existence of allegation of criminal offences does not itself dis-entitle a claimant to claim benefit of Act, Read Judgment

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HC: ‘Court must record its satisfaction that person is deliberately avoiding proceedings despite service of notice before issuing proclamation u/S. 82’, Read Judgment

Supporters of a Political Party not capable of being termed as a group u/S. 505(2) IPC: HC grants interim relief to Adhir Ranjan Chowdhary in case over spreading false rumors, Read Judgment

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‘Child has accepted the present husband as the father’; HC allows petition seeking to replace biological father’s name from birth certificate, Read Judgment

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HC Expounds: Migration can take place from 'reserved category' to 'general category' but not vice versa, Read Judgment

Hindu Undivided Family

[Hindu Minority and Guardianship Act] HC Expounds: Natural Guardian doesn't require permission of court to sell minor’s undivided interest in Joint Family Property, Read Judgment

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HC Expounds: Scope for Judicial Review of an order for compulsory retirement is extremely limited unless its found to be arbitrary, mala fide,Read Judgment

CLAT Examination

HC: Court cannot direct for re-evaluation of answer-sheet of a candidate unless there are glaring infirmities when no provision for re-evaluation exists, Read Judgment

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‘When the age of a victim in a POCSO case is estimated to be around 16-18 years, the benefit of it has to be given to the accused,’ Read Judgment

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HC: ‘The valuation of a suit is not a pure question of law and the Court cannot give a decision on it by framing it as a preliminary issue’ Read Judgment

HC: An Officer’s temporary officiation has to be considered in determining seniority and not doing so would amount to a violation of Articles 14 and 16, Read Judgment

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HC: For a third party to be impleaded in a Property Suit, he should have a direct or legal interest in subject matter and mere commercial interest is not sufficient,Read Judgment

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Daughter-in-law supposed to be treated as a daughter: HC directs state to reconsider petition seeking Compassionate Appointment, Read Judgment

Fraud_Case

HC Expounds: Case involving serious allegations of Fraud to be treated as non-arbitrable and only Civil Court can decide such a matter, Read Judgment

Insolvency and Bankruptcy Cases, pic by: Business Today

Pendency of proceeding u/S. 95 IBC doesn't automatically entail moratorium u/S. 96 on a Wilful Defaulter proceeding, Read Judgment

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Judgment pronounced on question of law that is subsequently reversed or modified by a Superior Court is not reviewable on ground of being per incuriam, Read Judgment

Court Settlement

HC Expounds: Termination of Settlement attempt doesn't always result in a ‘final and binding’ decision, Read Judgment

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[Limitation Act] Condonation can only be granted in exceptional circumstances: HC dismisses Appeal u/S. 37, Read Judgment

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HC Reiterates: Action in case of any shortcomings in a selection duly made has to be taken expeditiously, Read Judgment

Lawyer, Civil Case, Court, Advocate,

Upper Limit of 90 days u/O. 8 R. 1 of CPC for filing written statement is discretionary and Trial Court may allow it even after 90 days, Read Judgment

Application for Premature Release cannot be rejected by Remission Board based on Police Report without applying its own mind, Read Judgment

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[Arbitration and Conciliation Act] HC Reiterates: Period of limitation for challenging the award u/S. 34 commences when the party making the application receives a signed copy of the award, Read Judgment

[Pension Rules] HC: Persons appointed under scheme of Union cannot be treated as Employees under State on account of abolition of post, Read Judgment

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‘Cannot be released unless fourteen years imprisonment completed’; HC dismisses petition seeking premature release by petitioner convicted u/S 302 IPC, Read Judgment

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HC: Granting monetary benefit without actually effectuating any promotion to any higher post cannot be withheld for not possessing additional educational qualification, Read Judgment

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Section 13 of Commercial Courts Act bar appeal from even those Suits that were marked as Ordinary Suit at time Act came into force, Read Judgment

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Court cannot take cognizance of an offense under S.138 NI Act by condoning delay when complainant didn't give any reason to explain delay, Read Judgment

SARFAESI

Pension account of Guarantor cannot come within purview of SARFAESI Act and a deduction cannot be considered under Section 13 of the Act, Read Judgment

HC: Discrepancy in Date of Birth in different documents provided by a candidate, having no impact on her eligibility, cannot be a ground to disqualify her, Read Judgment

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HC: S. 56(2) of Electricity Act is not a right of Consumer but Statutory fetter on Distribution Licensee and it can’t be waived by Consumer, Read Judgment

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Employee placed under suspension during Detention cannot be denied wages upon acquittal in absence of any Disciplinary Enquiry, Read Judgment

HC Reiterates: S.195(1)(b)(ii) CrPC bars registration of FIR in case of Commission of forgery in a document outside court, Read Judgment

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Calling wife ‘Bhoot’ or ‘Pisach’ does not constitute cruelty: HC sets aside conviction u/S 498A, Read Judgment

Doctor

[Prohibition of Sex Selection Act] HC: Additional Chief Medical Officer has no authority to file a complaint for any offence under the Act, Read Judgment

HC: Court owes a duty to look into attending circumstances with due care in frivolous or vexatious Proceedings, Read Judgment

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Deemed Public Interest in a person seeking to contest in an election: HC directs State to accept resignation of a government doctor, Read Judgment

[S.125 Cr. P.C] HC: ‘Only compulsory statutory deductions can be reduced from gross salary, deduction not permissible for payment of LIC’, Read Judgment

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‘Explanation for delay usual and stereotypical’; HC dismisses appeal seeking setting aside of arbitral award after four years, Read Judgment

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HC Reiterates: Complaint u/S. 498A not sustainable if Marriage is null and void, Read Judgment

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HC: ‘A certified copy of the original agreement duly attested by the Notary Public is sufficient to fulfill the requirement of S. 8(2) of the Arbitration Act,’ Read Judgment

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White Collar Crime which has drastic effects should be dealt with iron hands: HC dismisses Bail Application in a Forgery Case, Read Judgment

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Review Application filed under O.47 R.1 CPC cannot empower a Court to exercise its inherent jurisdiction to interpret its order, Read Judgment

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[Order VI Rule 17] HC Expounds: Court cannot reject Amendment Application partly without assigning reasons for the same, Read Judgment

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HC: Defendant cannot file a counter-claim when Cause of Action for counter-claim arises after filing of Written Statement, Read Judgment

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[POCSO Act] ‘Honour of a woman cannot be put to stake by compromise or settlement’; HC dismisses petition seeking quashing of proceedings, Read Judgment

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HC: Delay in approaching Court cannot be a ground to deny Compensation for land taken over by Government, Read Judgment

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HC: Court cannot accept Confessional Statement made to Officers/Forest Guards without inspecting its voluntariness, Read Judgment

[HMA] HC: Divorce petition u/S 23(1)(b) cannot be dismissed if condoned acts of cruelty are repeated, Read Judgment

[HMA] HC Expounds: Ceremony of kanyadaan is not essential for the solemnization of a Hindu marriage, Read Judgment

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[IBC] Moratorium u/S. 14 prohibiting proceeding u/S. 138/141 N.I. Act not applicable only against Corporate Debtor and not against natural persons, Read Judgment

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Court can grant relief under Section 26 HMA, 1955, even if no formal application has been made, Read Judgment

SARFAESI

HC: Death of one of co-borrowers doesn't vitiate the proceedings conducted under Section 14 SARFAESI Act, 2002, Read Judgment

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HC Expounds: No tax can be collected without authority of law and any amount that has been collected is dehors the law is to be returned, Read Judgment

HC: Valuation of Goods based on eye estimation not in accordance with law and is liable to be set aside, Read Judgment

[S.125 CrPC] HC: ‘25% of the husband's net salary would be just and proper to be awarded as maintenance allowance to the wife’, Read Judgment

HC: ‘Any complaint under Section 202 of the CrPC cannot be registered as an FIR unless there is such an order passed by the Magistrate/Special Judge’ Read Judgment

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Process of Criminal Law cannot be utilised for arm-twisting and money recovery: HC quashes imposition of ₹2.5 Crore condition for grant of bail, Read Judgment

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[POCSO Act] False depiction of a victim as minor abuse of process of law: HC issues directions for submitting Medical Report determining age of victim, Read Judgment

Pension

HC Expounds: ‘Right to receive a pension is a right to property protected under Article 300A of the Constitution of India,’ Read Judgment

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HC: Any excess amount paid to an Employee, without any fault of his, cannot be recovered from him after his retirement, Read Judgment

Cannot be excused a mere expression of opinion but is a deliberate act of religious vilification: HC refuses to quash case lodged for making remarks on Shivling, Read Judgment

Issuance of Notice not an empty formality: HC quashes Assessment Order passed in undue haste with only one day’s notice, Read Judgment

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HC Expounds: Election Certificate issued in favor of a winning Candidate can be set aside by High Court under Article 226, Read Judgment

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HC: Difficult for District Judges to exercise Jurisdiction freely due to fear of administrative complaints and subsequent transfers, Read Judgment

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HC Expounds: Case of Compassionate Appointment of a married daughter would not be rejected solely on the ground of her marital status, Read Judgment

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HC Reiterates: Parties are entitled to exclude jurisdiction of other courts when more than one court has jurisdiction over a matter, Read Judgment

HC Expounds: Teaching Staff cannot challenge her dismissal under Article 226 merely because State has some regulatory powers over School, Read Judgment

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HC: Non-payment of Retiral Benefits amounts to a continuing wrong and cannot be refused on grounds of delays in approaching Court, Read Judgment

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HC: An application for recalling of a Witness cannot be allowed at a belated stage on the ground that it would cause no prejudice to Opposite Party, Read Judgment

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HC: Requirement of recording satisfaction under S. 212(6) Companies Act doesn't apply when accused had co-operated during investigation, Read Judgment

Fabrication and Forgery of Document, pic by: Justia Legal News

HC: Court cannot accept an Affidavit-In-Chief filed u/O. XVIII if it raises facts about cause of action that were not mentioned in Plaint, Read Judgment

Arbitration agreement

HC: ‘Mere communication of a decision to go to Arbitration cannot be construed as an Arbitration Agreement between parties u/S. 7 of the Act,’ Read Judgment

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HC Expounds: ‘Sending notice to the assessee’s old address is not sufficient to meet the requirement of Section 148 of the Income Tax Act,’ Read Judgment

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HC: ‘An award passed by the MACT cannot be enhanced in an appeal filed by the Insurance Company in the absence of any appeal by the claimants,’ Read Judgment

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HC: ‘Writ of habeas corpus, though a writ of right is not to be issued as a matter of course, particularly when it is sought for custody of child’, Read Judgment

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HC Opines: Tendency of hurling allegations at Courts must be put down with a heavy hand in larger interest of Administration of Justice, Read Judgment

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[Industrial Disputes Act] S.11-A doesn't restrict Workman's right to challenge findings of the Inquiry Officer in Departmental Enquiry, Read Judgment

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HC: Additional Written Statement can be allowed even at a very belated stage when it is merely for elaborating the facts already stated in the original Written Statement, Read Judgment

[MSMED Act] HC Reiterates: Court has the discretion to allow pre-deposit in installments u/S. 19, Read Judgment

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[Central Excise Act] HC: Condition of pre-deposit cannot be waived by the High Court in its Writ Jurisdiction, Read Judgment

Opportunity of hearing would be an illusory exercise: HC upholds Cancellation of Admission due to failure to clear cut-off score, Read Judgment

HC: ‘Mere apprehension howsoever strong cannot be the substitute for Evidence which alone can justify implication of an accused’, Read Judgment

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[Arbitration and Conciliation Act] ‘Delay in filing the appeal can only be allowed if the appellant makes out a very strong case’, Read Judgment

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HC Opines: Section 5 of the Limitation Act cannot be used to extend the time of limitation specified by a local law, Read Judgment

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HC Expounds: Court passing an order under S. 9 Arbitration Act has power to take penal measures to ensure its enforcement, Read Judgment

HC Opines: Mere use of abusive words, not leading to any provocation to another person, would not make a person guilty under S. 504 IPC, Read Judgment

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HC: Interest on delayed payment to a Contractor cannot be denied by government merely because no clause of for interest existed in the Contract, Read Judgment

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Testimony of the Victim unreliable: HC sets aside order of Conviction in a Rape Case, Read Judgment

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HC: Party seeking Condonation of Delay cannot allege non-information by Counsel about disposal in case in which party doesn’t contact Counsel for 6 years, Read Judgment

HC Expounds: An Appellate Court cannot dismiss an appeal on default and has to give its decision on merits, Read Judgment

[HMA] HC Expounds: Saptapadi ceremony is an essential ingredient to constitute a valid Hindu marriage’, Read Judgment

Employee-Office-Work, pic by: Business & Finance

HC Expounds: No recovery can be effected from Employees who have been given excess payment due to wrong fixation of pay without any fraud, Read Judgment

Custodial Torture

‘Torture in custody flouts the basic rights of the citizens’; HC directs State to pay Rs 2 lakh compensation to man subjected to Custodial Violence, Read Judgment

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HC: ‘Employees who have not received their withheld pension amounts have the legal right to seek recourse in court’, Read Judgment

Indian Army

HC Expounds: An act of unlawful entry into the territory of India cannot be punished u/S. 419 and 420 of the IPC, Read Judgment

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HC Expounds: High Court can only look at the fairness of the process and not of the conclusion in a Judicial Review of Departmental Proceedings, Read Judgment

Utter defiance of court’s earnest request: HC grants bail to accused in custody for more than six years, Read Judgment

Employer, pic by: Saga

HC: Mere report filed by the Investigating Officer, without examining witness, cannot be treated as evidence in the Departmental Proceeding, Read Judgment

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HC Expounds: Judicial Review of Tender Processes and award of contracts is limited only to the cases that involve material violation of terms, Read Judgment

HC: Court can exercise its power of judicial review in respect of examination only when it is convinced that the answer key is ‘demonstrably wrong’, Read Judgment

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HC: Merely because a Party is claiming against an entity amenable to writ jurisdiction under Article 226, it cannot be allowed to bypass the civil adjudicatory process, Read Judgment

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HC: Application u/S. 311 cannot be rejected on grounds of delay if its questions are relevant for adjudication of the dispute, Read Judgment

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HC: An error in a judgment can be rectified u/S. 152 of CPC if the judgment does not represent the intention of the Judge, Read Judgment

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

HC Expounds: Pendency of an Eviction Suit between parties is a Civil Dispute and cannot be a ground for Quashing a Criminal Complaint, Read Judgment

HC: A person cannot be held liable for a false promise to marry if the woman is already married to someone else, Read Judgment

HC Expounds: An accused cannot be denied bail when the witnesses who spelled out the motive of the accused to commit the crime have been declared hostile,, Read Judgment

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HC Expounds: ‘Execution of a Sale Deed claiming someone else’s property to be one’s own does not amount to Forgery,’ Read Judgment

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HC: Defendant cannot be permitted to file a counter-claim after the issues are framed even in cases when the claim may not be time-barred, Read Judgment

HC: Prosecution of a Director for vicarious liability would be an abuse of process of law if there are no specific allegations about the role played by Director, Read Judgment

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HC: When defendant was allowed to cross-examine plaintiff’s witnesses, its absence will not deter the Court from pronouncing judgment, Read Judgment

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

HC Expounds: Plaintiff cannot refuse the burden to prove the main relief sought, after having secured Interlocutory relief, Read Judgment

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HC: ‘An inducement to do an act which a person would not otherwise have done does not make a person liable under Section 420 of the IPC,’ Read Judgment

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HC: Court cannot condone the delay in filing the written statement only on the ground that the defendant is a Government concern, Read Judgment

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HC: Mere fact of the commission of suicide without corroborative evidence is not sufficient to raise a presumption u/S. 113A of the Evidence Act, Read Judgment

Narcotic Drugs Dealer

HC: ‘Sampling in the presence of an independent witness would not satisfy the requirement of S. 52A of the NDPS Act even when chain of custody is established,’ Read Judgment

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HC Opines: Treating an interest paid as a capital item after treating it as a revenue item by Assessing Officer amounts to change of opinion, Read Judgment

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HC Reiterates: Person accused of rape cannot be discharged merely based on DNA Report when the Case Diary contains direct evidence against him, Read Judgment

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HC Expounds: ‘The confessional statement of the accused, if found to be voluntary, can form the sole basis for conviction,’ Read Judgment

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HC: ‘Registration in a foreign country per se is not a ground for cancellation of a design registered in India,’ Read Judgment

HC: Electricity cannot be disrupted indefinitely based on the replacement of wires, Read Judgment

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HC: Pending investigations against sister concerns or group companies cannot be a ground to withhold the release of incentives to a company, Read Judgment

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HC: ‘Conviction in criminal proceedings having no nexus with the service of an employee cannot be a ground to deny terminal benefits to the employee,’ Read Judgment

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HC: Question of adequacy or reliability of the evidence cannot be a ground to interfere with the findings in Departmental Inquiries, Read Judgment

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Messages such as 'dekhte hi goli maar di jayegi', have a detrimental impact on children: HC cautions centre against using strict Warnings, Read Judgment

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HC: Misplacement of file by Advocate not sufficient ground for condonation delay of 966 days, Read Judgment

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HC: Order of blacklisting cannot be passed by a State Authority without giving an adequate opportunity to Show Cause, Read Judgment

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HC: Fixing consecutive dates of hearing within a week would be violative of the opportunity of hearing, Read Judgment

Appeal

HC: When Appellate Court failed to record finding on a specific relief, error can be corrected by the appellate court under Section 152 of the CPC, Read Judgment

Matrimonial Battle

HC: ‘Parents have a right to pursue matrimonial disputes after the death of son as they involve questions of inheritance’, Read Judgment

[Order VI Rule 17 of CPC] HC: ‘A Typographical Error is not a ground for the withdrawal of a written statement’, Read Judgment

[MSME Act] HC Reiterates: Jurisdiction of the HC cannot be invoked u/A. 226/227 for bypassing the mandatory statutory requirement of 75% pre-deposit, Read Judgment

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HC: ‘An application for Amendment in a Partition Suit cannot be rejected based on a previous Decree passed in respect of the property in a previous suit,’ Read Judgment

HC: ‘Disputed questions of facts cannot be adjudicated under Article 226 when evidence is required to prove the claim,’ Read Judgment

HC: ‘For an allegation of rape against a minor, no corroboration may be required if the version of the victim is trustworthy,’ Read Judgment

HC: Judgment Debtor cannot file an application under O.21 R.97 CPC even if he purchases Suit Property from one of the decree-holders, Read Judgment

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‘Spurious liquor can cause devastating trauma and huge tragedy’: HC refuses to grant Anticipatory Bail to woman accused of manufacturing illicit liquor, Read Judgment

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‘Female foeticide is the worst form of violence against women where a woman is denied her most basic right’: HC refuses to grant pre-arrest bail under PNDT Act, Read Judgment

HC: Adults have a right to stay with a person of their choice and solemnize marriage according to their will under Article 21, Read Judgment

HC: If Chain of Circumstances is not established by prosecution, failure of accused to discharge burden under S. 106 Evidence Act is not relevant, Read Judgment

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HC: If Charge Memo is not approved by Disciplinary Authority and is defective, entire Departmental Proceedings are void in the eyes of law, Read Judgment

HC Expounds: Defendant cannot move another application for reopening evidence when it did not challenge the order arising out of the first application, Read Judgment

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HC: Court cannot extend Condonation of Delay u/A. 226 of Constitution when a specific period for it is already provided by another law, Read Judgment

Punjab and Haryana High Court

HC: ‘Recovery of excess amount received with due knowledge of the pensioner is not permissible’, Read Judgment

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HC: ‘Application u/S 483 Cr.P.C. seeking a direction to the Family Court for expeditious disposal of an application u/S 125 Cr.P.C. is maintainable’, Read Judgment

Patna High Court

HC: ‘A writ petition is not maintainable for the recovery of money for work done beyond the work agreement,’ Read Judgment

Patna High Court

HC Opines: ‘A person cannot be dismissed from the service when the inquiry officer found the charges against him to be not proven,’ Read Judgment

Rape and Injury

HC Expounds: ‘Complete penetration of penis with emission of semen and the rupture of the hymen is not necessary to constitute an offence of rape’, Read Judgment

Rape and Injury

HC Expounds: ‘Complete penetration of penis with emission of semen and the rupture of the hymen is not necessary to constitute an offence of rape’, Read Judgment

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HC: State Machinery should cancel the license of Journalists involved in Antisocial activities in the garb of their license, Read Judgment

Patna High Court

HC Enunciates: ‘The court’s direction to consider work experience for employment also implies a relaxation in education qualifications,’ Read Judgment

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HC: ‘The mere mentioning of an incorrect provision is not fatal to an application if the power to pass such an order is available with the court,’ Read Judgment

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HC: ‘The Court can modify a penalty, not shocking to the Court’s conscience, imposed in departmental proceedings if the case has been pending for a long time,’ Read Judgment

Allahabad High Court

HC: ‘Advocates expected to act with some sense of responsibility and to ensure the dignity of the Court even while challenging its order’, Read Judgment

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‘Compassionate appointment is not an alternate source of recruitment’ HC dismisses petition of deceased constable’s wife, Read Judgment

Patna High Court

HC: ‘The Probate Court is not competent to determine the question of title of the Suit properties or the existence of the properties,’ Read Judgment

HC imposes 50,000 costs on lawyer accused of posting derogatory message outraging religious beliefs Hindu community, Read Judgment

Patna High Court

[Indian Succession Act] HC Expounds: ‘Probate proceedings are not the appropriate stage to adjudicate on the title and interest of a testator’, Read Judgment

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HC Expounds ‘A Judgment based on Admission by the Defendant can be passed only when the admission is unequivocal, clear, and positive,’ Read Judgment

Calcutta High Court

HC: ‘Share application money does not come under the definition of loan or deposit for the purposes of Section 269SS of the Income Tax Act’, Read Judgment

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HC Enunciates: HC can quash a non-compoundable offence arising out of a matrimonial relationship which has been dissolved by a divorce on mutual consent, Read Judgment

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HC Opines ‘The issue of limitation cannot be decided at the threshold stage without evidence by the local committee formed under Sexual Harassment of Women at Workplace Act, 2013,’ Read Judgment

Punjab and Haryana High Court

HC Expounds Mere apprehension is not a valid ground for rejection of the application filed by the petitioner seeking parole, Read Judgment

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‘No space for any violence in a democratic polity’; HC issues directions extending the tenure of central forces deployed after instances of post-poll violence, Read Judgment

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HC: ‘The Tribunal has Jurisdiction to try every Suit pertaining to a waqf property irrespective of the nature of relief claimed unless barred by the statute,’ Read Judgment

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[NIA] HC: ‘Presumption u/S118 does not attract to the unspecified rate of interest and uncalculated interest amount on the cheque that gets dishonored’, Read Judgment

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HC: ‘Only the facts constituting an integral part of the cause of action are material for deciding whether HC has jurisdiction to entertain the writ petition,’ Read Judgment

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HC: ‘Chapter on sexual Offences’, a women-centric enactment, but it is not the only and every time the male partner is wrong, the burden is upon both of them, Read Judgment

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HC: ‘The Court cannot go into the merits of the Amendment itself while deciding upon an application for amendment u/O. 6 Rule 17 of the CPC,’ Read Judgment

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HC directs the West Bengal government to ensure 1% reservation for all transgender persons in public employment, Read Judgment

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[U.P Anti-Conversion Act] HC: ‘Legislation would fail to achieve its purpose in case of frequent interference with prosecution at initial stage’, Read Judgment

‘Sorry state of affairs’; HC dismisses petition of NEET candidate who submitted forged documents, Read Judgment

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HC: ‘An accused cannot be discharged from a criminal case when his name was directly stated by the witnesses for his involvement in the alleged offense,’ Read Judgment

HC Expounds A documentary evidence of age has to be assessed prior to directing the ossification test for determining the age, Read Judgment

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[JJ Act] HC Reiterates: Gravity of the offence is not a relevant factor while considering bail application u/S 12, Read Judgment

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HC: ‘An order passed by a party to a proceeding based on the Court’s direction gives rise to a fresh cause of action and does not constitute contempt,’ Read Judgment

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HC: The onus of proving a product's classification under a specific tariff heading lies with the Revenue Authority, Read Judgment

Patna High Court

HC: Breath Analyzer report is not conclusive proof of consumption of liquor by a person and cannot form the sole basis for his conviction, Read Judgment

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‘Nothing incriminating recovered’; HC grants bail to the applicant accused of leaking the paper, Read Judgment

Patna High Court

HC: ‘Legal dependent of traceless employee can seek compassionate appointment after declaration of civil death after 7 years’, Read Judgment

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‘Public purpose predominates individualist selfish purposes’; HC imposes a cost of Rs 25,000 on petitioners seeking enhancement of compensation, Read Judgment

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HC: Duty of the Prosecution to examine all material witnesses who could give an account of the narrative of the events on which the prosecution is essentially based, Read Judgment

Patna High Court

[Bihar Pension Rules] HC expounds Retirement benefits cannot be withheld in case there are no pending departmental proceedings, Read Judgment

Punjab and Haryana High Court

‘Right to pursue education a fundamental right’; HC allows murder accused to take LLM exam, Read Judgment

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‘Bona fide mistake of the petitioner’; HC quashes proceedings against Swiss national who entered India without a valid arrival stamp, Read Judgment

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HC: ‘Non-disclosure of particulars of evidence and non-supply of the documents to the delinquent employee would amount to a violation of Natural Justice,’ Read Judgment

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HC: The Presiding Officer of a DRT cannot sell a property outside its jurisdiction even though the sale is for executing a recovery certificate issued by such officer, Read Judgment

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HC Opines ‘Non-production of the original lease deed will have no bearing upon the case unless it results in prejudice to any of the parties,’ Read Judgment

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HC Expounds ‘When there has been a long period of continuous separation, it may fairly be concluded that the matrimonial bond is beyond repair,’ Read Judgment

HC Expounds judgment on admission can be given based on an email if the admission in the email is clear enough to be acted upon, Read Judgment

Patna High Court

HC: For a conviction based on circumstantial evidence, the facts must not be explainable on any other hypothesis except that the accused is guilty, Read Judgment

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HC Reiterates: Confession made by the accused in police custody cannot be relied upon to hold the appellant guilty, Read Judgment

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‘Resolution not a mandate but in the nature of request’; HC holds on a resolution calling for protests against the implementation of new criminal laws, Read Judgment

Patna High Court

HC: An authority exercising the power of blacklisting a contractor exercises Quasi-Judicial powers and is required to comply with the principles of Natural Justice, Read Judgment

Patna High Court

HC: The respondent can be put to cross-examination on the point of correctness of the plot number mentioned in the sale deed u/S. 92 of the Evidence Act, Read Judgment

Patna High Court

HC: Conviction based on the Admission of guilt without giving sufficient time to the accused to understand its consequences amounts to miscarriage to Justice’ Read Judgment

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HC expounds Criminal proceedings cannot be quashed under Section 482 CrPC merely on the ground of violation of S. 100(4) of the CrPC, Read Judgment

Punjab and Haryana High Court

HC Expounds no violation of the right to be considered for promotion in case of abolition of the promotional post, Read Judgment

Punjab and Haryana High Court

HC: Appointment of a waitlisted candidate cannot be prevented due to Department’s inability to promptly cancel the offer of appointment given to another candidate, Read Judgment

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HC: Raising a school building on the land acquired for the development of a mandi is not a valid ground to release acquired land, Read Judgment

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HC: While sitting in the Jurisdiction u/S. 11 of the Arbitration Act, Court cannot adjudicate even prima facie on the merits of an arguable issue, Read Judgment

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HC Expounds An order passed without considering the specific points taken by an employee in the show cause notice is not sustainable, Read Judgment

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HC expounds Employee cannot be terminated only on the ground that he is facing an allegation of criminal proceedings, Read Judgment

Income Tax Department

HC: An application for registration u/S. 12AA of the Income Tax Act cannot be refused solely on the ground that the trust has not yet started its activities, Read Judgment

Patna High Court

HC: The vigilance trap memo by itself is not a piece of evidence unless and until the contents of the same are proved by the maker of the trap memo, Read Judgment

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HC Expounds Pleadings u/S.11 of the Arbitration Act are only to satisfy the court and are not the actual statements of claim or defence of the parties,’ Read Judgment

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Challenge lies in distinguishing between genuine cases of exploitation and those involving consensual relationships: HC expresses concern over misuse of the POCSO Act, Read Judgment

Father Daughter

The child's natural right to know and meet his parents is near perfect’; HC upholds order granting visitation rights to father, Read Judgment

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Ineligibility of an Arbitrator cannot be a ground for challenging the enforcement of an award in a proceeding u/S.36 of the Arbitration Act for the first time

Medical Examination of Criminal

HC reiterates Prosecution’s case cannot be discarded merely on the grounds of not conducting the medical examination of the victim, Read Judgment

Patna High Court

HC expounds If the evidence of the victim is truthful, lack of any Medical Evidence of rape is no ground for disbelieving the prosecution's version, Read Judgment

Punjab and Haryana High Court

Incumbent upon the court to examine what is best for the child: HC directs police protection for minor facing threat from her parents, Read Judgment

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HC Enunciates ‘The plea of non-raising of bills claiming enhanced property tax during the arrear period cannot be raised at the appellate stage’, Read Judgment

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HC: A verification report regarding the genuineness of a foreign passport cannot be looked at by the Court during the stage of bail under the Foreigners Act, Read Judgment

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[HMA] HC: ‘Divorce on the grounds of irretrievable breakdown of marriage cannot be granted solely based on length of separation period, Read Judgment

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‘Policy matter involving far-reaching consequences’: HC disposes PIL seeking to extend benefits of schemes meant for reserved castes to BPL cardholders, Read Judgment

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HC expounds Participating in an open e-tender from a place does not by itself confer jurisdiction upon the Courts at such place, Read Judgment

Patna High Court

HC: A person committing an assault on the head of a person ought to have knowledge of the probability of death and is guilty u/S. 304 of the IPC, Read Judgment

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HC expounds Court within whose jurisdiction the wife by first marriage has permanent residence has jurisdiction to try offences u/S. 494/495 I.P.C’, Read Judgment

Sending offenders convicted of commission of less serious offences to jail would cause more harm than reform them; HC upholds the order of probation, Read Judgment

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HC Expounds: The Court shall not act on the solitary evidence of the prosecutrix if her version is unsupported by any medical evidence,’ Read Judgment

Patna High Court

HC expounds Excessive amount paid to an employee in salary during his service cannot be recovered from his wife after the former’s death, Read Judgment

Eye Witness

HC: Conviction can be recorded relying upon the sole testimony of the eye witness even in the absence of any corroboration if the said witness is credible, Read Judgment

Custodial Death

HC: Mere unnatural death in the marital home within seven years of marriage is not sufficient to convict the accused persons u/s 304B of the IPC, Read Judgment

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HC Opines ‘A clause not providing participation in the arbitral process to a party otherwise having a stake in its outcome is violative of Article 14,’ Read Judgment

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HC: Payment of interest at a fixed rate for a certain period does not bind the award debtor to continue to pay at that rate u/S. 16 of the MSME Act, Read Judgment

Patna High Court

HC: Adjudication Proceedings under the Customs Act cannot be initiated on a different ground than the ground on which the seizure was made, Read Judgment

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HC Expounds that failure to cross-examine the witness due to a mistake is not sufficient ground to recall the witness when the evidence was closed long back, Read Judgment

Punjab and Haryana High Court

HC Enunciates Onerous responsibility upon the court to act judiciously with reasonableness while considering bail petition of the accused with a criminal history, Read Judgment

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The possibility of the accused influencing the investigation can be taken care of by imposed stringent conditions; HC grants Bail to Accused u/S 306 IPC, Read Judgment

Punjab and Haryana High Court

HC: Bail decision must enter the cumulative effect of the variety of circumstances justifying the grant or refusal of bail, Read Judgment

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HC: ‘The limitation period for an application under Section 34(3) of the Arbitration Act is three calendar months, and not 90 days,’ Read Judgment

Patna High Court

HC: The claimant in a claim petition for compensation before the tribunal is not required to prove his case as required in a criminal trial, Read Judgment

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HC: An application seeking an amendment to the judgment or decree cannot be allowed after the execution of the decree has been done, Read Judgment

HC Enunciates after the recording of the compromise between the parties, the SARFAESI proceeding cannot be initiated against the loanee, Read Judgment

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HC: Constitution grants citizens the right to freely profess, practice, and propagate their religion but does not allow any citizen to convert to another citizen’s religion, Read Judgment

[SC/ST Act] ‘Intimidation should be with intention to humiliate a member of SC/ST community’; HC grants anticipatory bail to accused booked under the act, Read Judgment

[Immoral Prevention Trafficking Act] HC Opines ‘Search u/S 15 not illegal if people from locality refused to join the same’, Read Judgment

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HC Opines ‘A litigant cannot be held responsible for her/his counsel's inaction in filing the appeal within the statutory limitation period’, Read Judgment

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‘Petition which conceals vital facts liable to be discarded at the very threshold’; HC imposes a cost of 1 lakh on the petitioner for suppressing facts, Read Judgment

Patna High Court

HC: The certified copy of a registered sale deed would fall under the category of public document under Section 74 (2) of the Evidence Act,’ Read Judgment

HC: If a decision in a departmental proceeding is found to be based on no evidence, such finding is liable to be set aside,’ Read Judgment

Pakistani Hackers

‘Nothing incriminating found against the petitioner’; HC grants bail to sepoy accused of leaking sensitive information to Pakistan, Read Judgment

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‘Period of detention cannot be unduly long’; HC grants bail to farmers protestor accused of breaking barricades, Read Judgment

Patna High Court

HC Expounds: When the employer delays the release of Pensionary benefits, it is bound to pay interest on account of the delay, Read Judgment

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HC: The Court can grant an injunction when it feels that the statements were made recklessly to cause injury to the reputation of the plaintiff, Read Judgment

Passport of India

[Passport Act] HC: Person seeking issuance of a passport is not required to obtain prior permission in case he is facing criminal charges, Read Judgment

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HC Reiterates in a matter of alleged rape, if the medical evidence makes the ocular testimony improbable, the medical evidence has to prevail, Read Judgment

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HC: Exceeding the time limit provided in the contract for filing for Arbitration does not constitute an absolute bar to the reference to Arbitration, Read Judgment

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HC: Applicant with higher qualification than is prescribed not eligible for a job requiring a lower qualification in the absence of specific provision, Read Judgment

Patna High Court

HC: Evidence collected during investigation by the Investigating Officer cannot be treated as evidence by the inquiry officer in a departmental proceeding,’ Read Judgment

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HC: Court can order impleadment even against the wishes of the plaintiff if a party has a direct and legal interest in the subject matter of the property, Read Judgment

BJP Workers

There should be a level playing field for all political parties for holding public rallies: HC allows BJP rally against hike in electricity prices in West Bengal, Read Judgment

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HC Reiterates Claimant cannot be granted Insurance Amount without the claim being proved even when the insurer admitted liability in principle, Read Judgment

Patna High Court

HC: An authorized borrower of a vehicle cannot claim compensation under Section 163-A of the Motor Vehicles Act, Read Judgment

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HC Enunciates Prescription of a higher qualification for appointment to a post cannot be challenged as being illegal and arbitrary, Read Judgment

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HC: A party cannot question the qualification of the Arbitrator when the Arbitrator was appointed with the due consent of the party, Read Judgment

Patna High Court

HC: When a fact is proved based on documentary evidence, no amount of oral evidence is necessary in a departmental proceeding, Read Judgment

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HC: Personal Contract of service can be specifically enforced when a civil servant is removed in contravention of Article 311 of the Constitution,’ Read Judgment

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HC: Single Judge of Commercial Division has the Jurisdiction to dispose of S. 9 application arising out of an International Commercial Arbitration,’ Read Judgment

Income Tax Department

HC Opines ‘A notice under S. 69A of the Income Tax Act is mandatory for passing an Assessment order under S. 69A, Read Judgment

Calcutta High Court

HC: Mere dismissal of the first execution application on the ground of default does not preclude the decree-holder from filing a fresh execution petition, Read Judgment

Limited Liability Partnership Act,2008

HC: ‘An order dismissing an LLP’s appeal operates as a bar upon the filing of an appeal on the same issues by the LLP’s partners in their individual capacity,’ Read Judgment

Punjab and Haryana High Court

HC: The fundamental right u/A 20(3) of the Constitution of India available to a person Accused under PMLA, Read Judgment

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[HMA] HC: Evidence of minor daughter substantiating allegations of cruelty made by the mother sufficient ground for divorce u/S 13, Read Judgment

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‘A police station can never be described as an appropriate place where visitation right may be allowed’; HC modifies order granting visitation rights at a police station, Read Judgment

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HC: ‘Limitation period for show cause notice for tax cannot be extended unless there is proof of an act or omission with an intention evade payment of tax,’ Read Judgment

Calcutta High Court

HC: A woman cannot be punished for the commission of an offense punishable under Section 354A of IPC, Read Judgment

Patna High Court

HC Expounds Conviction for the sentence of grievous hurt cannot be secured without strictly proving one of the eight injuries defined u/S. 320 of the IPC, Read Judgment

Patna High Court

HC: A mere deposit of money in the account of a trader does not prove that the money was paid against the purchase made from the trader, Read Judgment

Patna High Court

HC Expounds relaxation in selection rules can be given only when provided by the regulations and is mentioned in the advertisement, Read Judgment

Narcotic Drugs Dealer

HC: An accused cannot be convicted under the NDPS Act solely based on the oral testimony of official witnesses, Read Judgment

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HC: A property held by a female Hindu is her absolute property and coparceners of a joint family have no right to it, Read Judgment

HC: A positive act on the part of the accused is essential for convicting him of abetment to suicide, Read Judgment

HC: An application for Additional Evidence at an appellate stage cannot be disposed of before the final stage of hearing of the appeal, Read Judgment

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HC: An intervenor cannot adopt the averments made in a petition filed under Order 1 Rule 10(2) of CPC as their pleading, Read Judgment

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[Voluntary Retirement] HC Expounds: Right to life and Personal liberty can't be violated without having any cogent and proper reason, Read Judgment

Indian Electricity

‘Electricity consumed by Government of India cannot be subjected to tax by State Government’; HC directs Punjab to refund Rs.4.57 lakh to center, Read Judgment

National Medical Commission- Doctors-Hospital

HC: ‘Medical Opinion regarding the age of a person is no conclusive evidence because medical tests cannot give an exact assessment of the Age,’ Read Judgment

Right to Cross Examine Witness

HC: ‘When the defendant was given an opportunity to cross-examine plaintiff’s witnesses, its absence will not deter Court from pronouncing judgment,’ Read Judgment

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HC expounds Lok Adalat u/S. 22B of the Legal Services Authority Act cannot adjudicate a dispute concerning property,’ Read Judgment

Patna High Court

HC Expounds: If there is a concurrent finding of two courts, HC should not interfere with the orders unless there is material illegality, Read Judgment

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HC: Appellate Court cannot hear an appeal on merits without first dealing with the issue of limitation, Read Judgment

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HC Reiterates Merely because the witnesses are interested/related witnesses, their deposition cannot be discarded,’ Read Judgment

Cheating

‘Cheating in govt. exams must be dealt with a stern hand’; HC dismisses bail application of petitioner found attempting to take the exam on behalf of another candidate, Read Judgment

‘Cannot be left to languish in custody indefinitely while awaiting the appearance of prosecution witnesses’; HC grants bail to petitioner accused under NDPS Act, Read Judgment

Punjab and Haryana High Court

‘People have suffered enough environmental degradation’; HC issues directions restraining Haryana govt from felling trees for construction of police station, Read Judgment

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[Income Tax Act] HC: Authority bound to give personal hearing when specifically asked by the Assessee before passing order u/S 148A(d), Read Judgment

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HC: An order granting patent has to be passed with proper reasoning, identifying objective criteria, Read Judgment

Pension Regulations for the Army,2008

HC: State has the Authority to withhold or withdraw a pension or any part of it; if the pensioner is convicted of a serious crime, Read Judgment

Punjab and Haryana High Court

[PNDT Act] ‘Follow the act in letter and spirit’; HC issues directions to Punjab after doctors were stopped from inspecting the hospital, Read Judgment

Patna High Court

HC Expounds Mere presence of a dead body on the railway premises will not be conclusive to hold that the injured or deceased was a bona fide passenger, Read Judgment

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HC: Court cannot order for the appointment of a Survey Knowing Pleader Commissioner in disputed questions of fact like a wrong boundary, Read Judgment

[Indian Evidence Act] HC Reiterates: S. 106 provides that when any fact is ‘especially’ within the knowledge of any person, the burden of proving that fact is upon him, Read Judgment

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HC Opines ‘A delayed Application for Amendment of Plaint can be allowed after imposing a heavy cost if the amendment is essential for adjudication’, Read Judgment

Dowry Murder

‘Prima-facie doubtful that demand for dowry was raised’; HC grants bail to husband of deceased, whose marriage was solemnized under mass marriage scheme, Read Judgment

GST

[GST Act] HC: ‘Order u/S. 73 cannot be passed by a company under the Corporate Insolvency Resolution Process under IBC’, Read Judgment

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HC: An employee cannot be held guilty in a departmental inquiry without proving documentary evidence by examination of witnesses, Read Judgment

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HC: The issue of mesne profits cannot be disposed of by the Court at a preliminary stage before the commencement of trial, Read Judgment

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HC: The certificate of registration can be issued in favor of new owner of a vehicle without production of a certificate from original owner, Read Judgment

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HC expounds: Vicarious liability cannot be imputed to Directors of a company in absence of any statutory provisions to that effect, Read Judgment

HC on Sensitive Posts in Judiciary: Contractual worker cannot be fastened with any responsibility or liability like a regular employee for misconduct, Read Judgment

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‘If the owner of a vehicle pays an additional premium, the liability of the Insurance Company gets extended under the MV Act,’ Read Judgment

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A concurrent finding of fact based on evidence cannot be disturbed in an appeal under S. 100 of the CPC merely because another view is possible, Read Judgment

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‘Act of disrespect can have far-reaching implications’; HC dismisses plea for quashing of proceedings filed for carrying Tiranga with Quranic verses, Read Judgment

Patna High Court

‘A married daughter cannot be denied compassionate appointment to her father’s post when a married son is entitled to the same,’ Read Judgment

Patna High Court

‘An award passed in the Lok Adalat cannot be challenged before the Court which had referred the matter to the Lok Adalat,’ Read Judgment

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‘Order should not be passed in a casual and cavalier manner’: HC sets aside blacklisting order passed without considering reply in totality, Read Judgment

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‘The Magistrate is not required to state the grounds of his satisfaction before exercising jurisdiction under S. 145(1) of the Cr.P.C.,’ Read Judgment

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‘Not preferring an appeal against the preliminary decree is not a bar to an appeal against the final decree,’ Read Judgment

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[HMA] ‘Court must not look at the pay package of the parties alone to determine the amount of alimony u/S 25’, Read Judgment

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‘Absence of an armed forces personnel from duty for reasons beyond his control cannot be considered to be an unauthorized absence,’ Read Judgment

Patna High Court

‘Service of notice is deemed to have been effected when the letter would have been delivered in the ordinary course of business

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‘After regularization of an employee, the employer cannot ask him to prove the legality and validity of his appointment,’ Read Judgment

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‘Court cannot issue process under Section 82 or 83 of the CrPC without recording its satisfaction that the persons were deliberately avoiding service,’ Read Judgment

Punjab and Haryana High Court

[Dowry Prohibition Act] ‘No prosecution can be instituted against any person without the sanction of District Magistrate’, Read Judgment

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‘Counsel not authorized to make a statement of fact that has not been specifically pleaded in bail application’, Read Judgment

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‘An accused cannot be convicted based on the evidence of a child witness in the absence of any other incriminating evidence,’ Read Judgment

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‘Failure to dispatch an FIR to the nearest Judicial Magistrate within 24 hours cannot be a ground to dismiss the prosecution’s case,’ Read Judgment

Patna High Court

‘Even a time-barred relief can be allowed by way of amendment if the trial has not commenced,’ Read Judgment

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‘Forcing the husband to live in a separate room is deprivation of conjugal rights and would amount to cruelty’, Read Judgment

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‘Statement of the victim recorded u/S 164 CrPC should not be issued to any person till cognizance of chargesheet is taken’, Read Judgment

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‘Collective action, while challenging the state authority’s order, is not permissible; each individual has to pursue legal remedy independently’, Read Judgment

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[Order VI Rule 17 of CPC] ‘Order inserted through amendment not applicable to suits pending before the date of amendment’, Read Judgment

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‘An application for impleadment of parties cannot be refused merely on the ground that it would cause a delay in the disposal of the suit,’ Read Judgment

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‘An amendment to the plaint under O6 R XVII cannot be declined when the question of limitation is under dispute,’ Read Judgment

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‘The marital status of the daughter of a deceased employee cannot be a reasonable differentiation to deny a grant of compassionate appointment,’ Read Judgment

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‘The validity of a reasoned order passed pursuant to directions from the High Court cannot be examined under contempt jurisdiction,’ Read Judgment

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‘When there is no special court constituted under S.11 or S.22 of the NIA Act, the jurisdictional Sessions Court has the power under the UAPA,’ Read Judgment

Calcutta High Court

‘The existence of an arguable case and likelihood of success in appeal is sufficient for suspension of sentence,’ Read Judgment

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[Central Goods and Services Tax] ‘Issuance of second provisional attachment notice without fresh reasons arbitrary u/S 83’, Read Judgment

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‘It is not essential for a construction to result in diminishing of the valuation of the property to constitute a violation of S. 108 of the TPA,’ Read Judgment

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‘Not mandatory that for a daughter-in-law to claim maintenance, she must first agree to live at her matrimonial home’, Read Judgment

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[Family Courts Act] ‘HC is an appeal court u/S 19, does not have the power to dissolve marriage u/A 142’, Read Judgment

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‘The Court cannot substitute the quantum of punishment given in disciplinary proceedings with its own punishment,’ Read Judgment

Calcutta High Court

‘An order of cancellation of registration having adverse civil consequences must give adequate reasons,’ Read Judgment

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‘Promoted employee cannot be denied equal benefits given to similarly situated employees based on source of promotion’, Read Judgment

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‘Calling for expert opinion to reach a conclusion on wife’s mental health at the stage of evidence not erroneous’, Read Judgment

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‘An arbitration clause contained in an independent but related document can be imported into a contract with no arbitration clause,’ Read Judgment

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‘In an application for maintenance under Section 125 of CrPC, the validity of marriage does not need to be conclusively determined,’ Read Judgment

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‘Separation due to separate jobs, not valid evidence to establish desertion for grant of divorce’, Read Judgment

[U.P Tenancy Act] ‘Civil Court’s jurisdiction to entertain suits for injunction by tenants not barred u/S 21’, Read Judgment

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‘Right of victim to remain anonymous to be sacrificed at the altar of right to information of the petitioner’, Read Judgment

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‘If an issue is not raised in the Trial Court, the Appellate Court cannot entertain it in accordance with the Principle of Waiver of Rights,’ Read Judgment

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‘Judiciary must send a strong message that such criminality will not be tolerated’; HC refuses to grant bail to Bishnoi’s gang member, Read Judgment

Punjab and Haryana High Court

[Income Tax Act] ‘Educational institute whose earnings utilized for advancement of education cannot be denied benefit u/S 12AA, Read Judgment

HC expounds: Interim maintenance under S. 125 CrPC cannot be granted without prima facie proof of a valid marriage when marriage is disputed, Read Judgment

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‘There cannot be any discrimination in recovering the excess amount of pension on account of some persons being superannuated,’ Read Judgment

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‘Section 52 of the Transfer of Property Act does not bar the complete transfer of land during the pendency of the suit,’ Read Judgment

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[HMA] ‘Impleadment of a third person in proceedings u/S 13B not permitted’, Read Judgment

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‘An employee cannot be terminated after his retirement when no proceeding was initiated during his service,’ Read Judgment

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[Religious Endowment Act] ‘Suit u/s 92 CPC and u/S 2 can only be filed in a court of District Judge’, Read Judgment

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‘A transaction of lending money by a Non – Banking Financial Institution does not per se constitute a Commercial transaction,’ Read Judgment

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‘An order for payment of maintenance cannot be passed ex-parte without showing that the person is wilfully avoiding service,’ Read Judgment

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‘Passing of an order by a different officer than the one before whom documents were submitted does not amount to violation of natural justice,’ Read Judgment

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‘Stamp Duty on partition memorandum cannot be imposed if family members had already taken possession of the property’, Read Judgment

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[Arbitration and Conciliation Act] ‘Non-filing of a certified copy of arbitral award appropriate if sufficient explanation provided u/S 34’, Read Judgment

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Merits of election petition cannot be seen unless and until it is maintainable and not barred by limitation

Punjab and Haryana High Court

[PMLA] Lack of a valid reason to believe u/S 19 not just a mere irregularity but will lead to the arrest being classified as illegal, Read Judgment

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‘Excess amount paid in salary to the employee cannot be recovered after a long time when the employee was not put to notice,’ Read Judgment

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Appellate Court cannot remand a case for retrial without recording the reasoning for insufficiency of evidence, Read Judgment

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‘If the findings of the authority are based on some evidence, then the acceptability of such evidence cannot be disputed in a writ petition,’ Read Judgment

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[Arbitration and Conciliation Act] ‘Orders of the tribunal cannot be challenged u/A 227 when remedies under act available’, Read Judgment

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[POCSO Act] ‘Denial of right vested in victims will defeat the intent of the statute’; HC denies bail to a man accused of trafficking his daughter, Read Judgment

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[Arbitration and Conciliation Act] ‘Article 226 remains untouched by the non-obstante clause given u/S 5 of the act’, Read Judgment

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‘Recovery of excess emoluments paid to employees belonging to the lower rungs of service would amount to a violation of Article 14,’ Read Judgment

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‘The acquittal of the husband in a criminal case to arrive at a finding of cruelty against the wife, as a ground for divorce,’ Read Judgment

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‘A sale statement cannot be relied upon to calculate the compensation without examining the vendor or vendee,’ Read Judgment

Patna High Court

‘An employee’s termination based on criminal charges cannot be continued without a re-examination when he has been acquitted of the charges,’ Read Judgment

Patna High Court

‘Court cannot examine the correctness of a policy decision based on sufficient material, complying with Article 14 of the Constitution,’ Read Judgment

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‘Bail application of an unconvicted person should not be rejected as a mark of disapproval of conduct’, Read Judgment

Punjab and Haryana High Court

‘Court required to give only one opportunity of disclosure to the accused after framing of charges’, Read Judgment

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‘Condonation of delay not to be exercised in case of negligence on the part of litigant’, Read Judgment

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‘An intervenor claiming property based on an unregistered gift deed cannot seek impleadment in a partition suit,’ Read Judgment

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‘The decree cannot be claimed to be a nullity only because some of the defendants died during the pendency of the suit,’ Read Judgment

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‘A lessor’s right to vacate the premises is not contingent on the adjudication of his money claim regarding arrears of rent.’ Read Judgment

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‘Mere failure to keep a promise without proof of culpable intention from the very beginning is not sufficient to constitute Cheating,’ Read Judgment

Calcutta High Court

‘Non-examination of the investigating officer resulting in serious prejudice to the accused makes the prosecution’s witnesses testimony unreliable,’ Read Judgment

Calcutta High Court

‘Chief Judicial Magistrate has no authority to re-open proceedings by treating a protest petition as a complaint case,’ Read Judgment

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[Probation of Offenders Act] ‘Benefit of S. 4(1) cannot be denied to the accused if the same has been granted to another for the same offence, Read Judgment

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[Hindu Marriage Act] ‘Women and children unable to face matrimonial proceedings due to limited support, S.24 thus important to balance this disparity, Read Judgment

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‘The Court cannot refuse disposal of the application of injunction merely because the agreement relied upon by the plaintiff is not duly stamped,’ Read Judgment

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‘Allegations of wife quarrelling with husband without any reason not sufficient to establish cruelty’, Read Judgment

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‘Mere dearth of appropriate reasons or improper reasons is not sufficient to vitiate the judgment of the Trial Court,’ Read Judgment

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‘Continuance of possession cannot be said to be legal when same is claimed through agreement of sale and not the actual sale deed’, Read Judgment

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‘Section 320 of the CrPC does not bar the High Court from quashing a non-compoundable matrimonial dispute under Section 482,’ read judgment

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HC Explains: ‘The Court cannot deny subsequent inspection to ascertain accommodation in a suit filed for eviction on the ground of reasonable requirement,’ read judgment

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HC Rules: ‘A substantial delay in filing an amendment to introduce necessary facts cannot be the sole ground to dismiss an application under Order 6 Rule 17,’ read judgment

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HC Holds: ‘There is no bar on deciding the maintainability of the claim as a preliminary issue if the outcome is likely to make the rest of the issues redundant,’ read judgment

Payment of Wages

Calcutta High Court:‘The declaration of a person’s dismissal from service as bad in law does not ipso facto entitle him to obtain back wages,’ read judgment

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‘Liberty of citizen cannot be curtailed on the pretext of holding fair elections’; HC sets aside the order of preventive detention, read judgment

Wills

Andhra High Court: ‘A registered document having a substantial bearing on the suit can be allowed by the Court even if filed at a belated stage without a proper explanation,’ read judgment

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‘The bar on review under Section 362 CrPC does not operate when an appeal was abated without adjudication on merits,’ Read Judgment

‘The order of non-extension of services based on negligence in service cannot be passed without giving a hearing,’ Read Judgment

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‘The Trial Court is not bound to pass a detailed order to meet the evidence at the time of issuing process,’ Read Judgment

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‘Mere non-challenging of mutation in revenue entries does not affect the right of a person in an immovable property,’ Read Judgment

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‘If a benefit or advantage has been conferred on someone without any legal basis, it cannot be relied upon to claim parity or equality,’ Read Judgment

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‘The receipt of balance payment of a registered sale deed does not require registration for admission as evidence in the Court,’ Read Judgment

Domestic Violence

‘Marriage between the parties is not an essential condition for grant of maintenance under the D.V. Act,’ Read Judgment

‘The homicidal nature of a wife’s death inside the house can be inferred from the circumstances and no direct evidence is needed,’ Read Judgment

Bribery Complaint

‘Mere recovery of notes from the accused and positive result of the phenolphthalein test are not enough to establish the charge of bribery,’ Read Judgment

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‘The school dakhil-kharij register cannot be the sole basis for proving the minority of a girl in the absence of any corroborating evidence,’ Read Judgment

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‘Drawing the samples in the presence of a gazetted officer is not sufficient compliance with Section 52A (2) of the NDPS Act,’ Read Judgment

Motor Vehicles Act

‘The violation of policy conditions by the insured does not affect the right of a third party to obtain compensation from the insurance company,’ Read Judgment

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‘The claim for personal injury filed under Section 166 of the Motor Vehicles Act does not abate on the death of the original claimant,’ Read Judgment

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‘Mere possession for more than 12 years without intention to possess the land adversely to the title of the true owner does not result in the acquisition by prescription,’ Read Judgment

‘Departmental inquiry initiated against an employee after his retirement cannot be a ground to withhold gratuity amount of the employee,’ Read Judgment

‘No presumption of possession can be drawn merely based on the entry in the remarks column of field book by Patwari,’ Read Judgment

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‘An accused cannot be convicted under the Atrocities Act merely on the basis of his not disputing the caste of the victim,’ Read Judgment

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‘An accused cannot be convicted under Section 506-II of the IPC merely based on the testimony of hearsay witnesses,’ Read Judgment

‘The mere fact of the accused assaulting the victim on the head is not sufficient to prove an offense under Section 307 of the IPC,’ Read Judgment

Motor Vehicles Act

‘The insurance claim of an injured person cannot be denied merely on the ground that the person was treated at Government Hospital,’ Read Judgment

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An ad-hoc employee cannot be arbitrarily replaced or denied renewal without proper justification, Read Judgment

Exclusion of Warders and Head Warders from enhanced allowances is arbitrary and violates Articles 14 and 16 of the Constitution, Read Judgment

Contempt of Court

Contempt proceedings cannot replace appellate remedies: High Court dismisses plea with costs, Read Judgment

Motor Vehicles Act

Legal Heirs of Deceased Driver Eligible for Compensation Under Personal Accident Cover Despite Driver’s Negligence, Read Judgment

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Executive authorities cannot evict occupants without due process; HC sets aside eviction notices, Read Judgment

Interest on compensation must be calculated on total awarded sum; HC modifies land acquisition interest computation, Read Judgment

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Offence not only a menace to a particular individual but to the entire society; HC rejects bail application of petitioner booked under NDPS, Read Judgment

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‘An involuntary and uncorroborated dying declaration cannot be the basis of a conviction under Section 302 of the IPC,’ Read Judgment

Forced Arbitration

‘Interference with an arbitral tribunal’s order under Articles 226 and 227 of the Constitution can be exercised only in exceptional circumstances,’ Read Judgment

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‘Transfer of a case cannot be ordered merely because a party expresses apprehension about the manner of hearing,’ Read Judgment

‘Imposition of costs should be reasonable and should not restrict a litigant’s right to appeal,’ Read Judgment

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‘The limitation period under Article 127 of the Limitation Act applies to applications under Order 34 Rule 5 CPC,’ Read Judgment

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‘Court having jurisdiction over the seat of Arbitration would entertain a petition under Section 34 of the Arbitration and Conciliation Act’, Read Judgment

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Non-filing of a cross objection against a finding of the lower Court does not absolve the appellate court from the duty to examine it, Read Judgment

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‘Mere verbal abuse or vague allegations of threats are not sufficient to secure a conviction under Section 506 of the IPC,’ Read Order

Arbitration Lawyer

Plea of not receiving a signed copy of award cannot be raised for the first time in appeal under Section 37 of the Arbitration and Conciliation Act, 1996, Read Judgment

Motor Vehicles Act

Tribunal, instead of taking a holistic view, tried to find out smaller inconsistency to throw out the claim, HC quashes order rejecting compensation; Read Judgment

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‘A government authority cannot withhold payment for completed contractual work on the ground of procedural lapses committed by its own officials,’ Read Judgment

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‘A government authority cannot withhold payment for completed contractual work on the ground of procedural lapses committed by its own officials,’ Read Judgment

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‘Section 106 of the Evidence Act cannot be invoked merely because the accused and the deceased reside together, without discharge of burden by prosecution,’ Read Judgment

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‘The grant of decree of specific performance of agreement of sale is not an automatic, but a discretionary relief, and should be exercised judiciously,’ Read Judgment

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‘Further investigation cannot be refused merely on the ground that the statement of the accused was already recorded under Section 27 of the Indian Evidence Act,’ Read Judgment

Arbitration Lawyer

‘Limitation period for arbitration begins from date of notice invoking arbitration, not contract termination,’ Read Judgment

Arbitration Proceeding

‘Arbitration agreement must be honored unless valid grounds exist to disqualify the named arbitrator,’ Read Judgment

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‘A second suit with the same issue cannot be dismissed as barred by res judicata if the matter in the first suit has not attained finality,’ Read Judgment

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‘Once NDPS procedures are followed, it’s the accused’s duty to explain possession’: HC reduces sentence in Ganja smuggling case while upholding conviction under NDPS Act, Read Judgment

Direct Tax Vivad Se Vishwas Bill 2020, pic by: 6 days ago www.rajyayojana.in

‘Failure to release tax refund timely violates principles of fairness’: Gujarat High Court rules in favor of taxpayer in refund delay case, Read Judgment

‘Right to Privacy cannot act as a medium to obstruct the course of justice’; HC directs UIDAI to provide Aadhaar details in trafficking cases, Read Judgment

Compassionate Appointment/ Job, pic by: India Legal

‘Offering compassionate employment to financially stable families would amount to misuse of the scheme’, HC dismisses application against LIC; 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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‘Omission of reporting date in the written complaint is not a sufficient ground for acquittal of the accused,’ 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

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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‘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

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

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

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

Provident fund

‘Pay Load workers covered by the definition of employee under Section 2(f) of the EPF Act’, Read Judgment

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‘Justice system exists to serve litigants, and their convenience must outweigh that of advocates’; HC dismisses petition challenging shifting of sessions court, Read Judgment

‘Allowing the employee's spouses to stay together or close by cannot be termed as irrational’; HC upholds policy giving spousal preference in promotions, Read Judgment

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HC Rules: ‘Proceedings under A.P. Cooperative Societies Act cannot be termed as arbitral proceedings’, Read Judgment

HC Opines: ‘If valid grounds existed for setting aside the award, its execution cannot be allowed merely due to the submission of a signed copy thereafter’, Read Judgment

HC expounds: ‘Petition under Article 227 maintainable against an interlocutory order granting interim maintenance’, 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

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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

Rape and Injury

HC holds: Rape not a mere physical assault, granting bail in such case against the interest of society, Read Judgment

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HC declares: Scope of judicial review limited in cases relating to transfers, which are made due to administrative exigencies, 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

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

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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

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

CrPC- Criminal Procedure Code- Code of Criminal Procedure

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

HC opines: ‘Competent authority is an executive and not a quasi-judicial or judicial authority’, 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 rules: ‘Absence of detailed property description in will not a suspicious circumstance,’ Read Judgment

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HC holds: ‘State’s power to remove mayor under Section 679-B independent of disqualification under 23-D,’ Read Judgment

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HC says: ‘Appellate Court must reappreciate evidence ignored by Trial Court,’ Read Judgment

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HC observes: Financial crunch no ground to condone a long delay,’ Read Judgment

Evidence, pic by: Teacher Magazine

HC holds: Section 27 disclosure alone insufficient without direct nexus to the crime, Read Judgment

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HC reiterates: Writ not maintainable when statutory remedy exists, Read Judgment

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HC sets aside VAT orders passed on Shirdi Saibaba Constructions after limitation, Read Judgment

HC clarifies: Simple injuries don’t rule out Section 307 of the IPC, Read Judgment

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HC Rules: Minor procedural defects not enough to deny insurance liability, Read Judgment

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HC Clarifies: Decision on the existence of landlord-tenant relationship doesn’t bar Civil Court from examining jural relationship, Read Judgment

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HC Rules: 18% default interest claim under old Sec 31(7) (b) fails for proceedings before 2015 amendment, Read Judgment

Appeal

HC Rules: ‘A legal aspect not raised in appeal grounds may still be urged during arguments,’ Read Judgment

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HC Holds: ‘Court can convict on victim’s evidence in rape cases unless the case discloses motive of false conviction,’ Read Judgment

Dowry-Case

‘No conviction solely on suspicious oral dying declaration without supporting evidence,’ says Chhattisgarh HC, Read Judgment

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Andhra Pradesh HC: ‘Absence of exclusive ownership or adverse title cannot defeat claims based on registered title deeds,’ Read Judgment

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HC Declares: ‘Sports goods include equipment used for maintaining physical fitness and are taxable at the concessional rate’, Read Judgment

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‘Consent of private street owner not required for exercise of power under Section 392(2)’, rules HC, Read Judgment

Cheque Bounce

Statutory presumption under NI Act stands when accused fails to rebut execution of Cheque: Chhattisgarh HC

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Whether POCSO provisions apply requires appreciation of evidence, not summary rejection: Chhattisgarh High Court

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“Strict compliance with eligibility norms mandatory in judicial recruitment”: Andhra Pradesh High Court

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‘Court has no jurisdiction to adjudicate on merits of the award in a time-barred application u/s 34’,’ Read Judgment

Death

“Unexplained injuries and missing CCTV footage point to Article 21 violation”: Chhattisgarh HC in custodial death case

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Andhra Pradesh High Court: State must ensure Law and Order when industrial units face shutdown due to labour agitations

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‘The faculties of a sniffer dog cannot be taken as evidence for the purpose of establishing the guilt of an accused,’ Read Judgment

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Chhattisgarh High Court: Minor inconsistencies in child’s statement do not undermine its evidentiary value

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