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O P Jindal Global University

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Kritika Arora

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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

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‘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

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[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

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‘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

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‘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

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‘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

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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

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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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