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O P Jindal Global University

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Prerna

CBSE Schools.jpg

Right of Admission under Right to Education Act do not apply to Minority Unaided Schools, Read HC Order

Right of Children for Free & Compulsory Education.jpeg

HC: Can a Citizen ask for Papers which are yet to be Placed before the Cabinet under RTI? NO says HC, Read Judgment

HC: Employee dismissed from service entitled to pensionary benefits if they can avail sanction under special cases [Read Judgement]

Can an Arms License be refused on the ground of Absence of Threat? HC says NO, Read Order

Teen Pregnancy.jpg

Rape Survivor can't be forced to Mother a Child, MTP allowed in 16 weeks, Read HC Order

Corruption in Police Department

Even if Delhi Police is under MHA, Anti Corruption Wing of Delhi Govt can Prosecute them under PC Act, Read HC Judgment

uniform civil code.jpg

SC Explains: Factors to be considered in determination of mesne profit under CPC [Read Judgement]

uniform civil code.jpg

Who can file Objection Petition under Order 21 Rule 97 CPC? SC replies, Read Judgment

Drugs Smuggling

Man sitting in Car containing Drugs can't be deemed to be in Possession, Read HC Judgment on NDPS Act

imprisonment.

Can appeal against conviction be cancelled if accused is absconding? SC replies [Read Judgement]

Dying Declaration, pic by: youtube.com

Can Oral Dying Declaration made before a local person be taken as reliable legal evidence, SC replies [Read Judgement]

Moholla Clinic.jpg

Can the State be permitted to Open Medical Clinic in a Park? HC replies, Read Order

Mediation

Role of Mediation in Family Law Disputes: Explained

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

Can an Employee Serving as ad hoc for Decades seek Regularisation as his Right? HC decides, Read Judgment

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

SC: No Bail can be granted in NDPS Act cases unless Credible and Plausible Grounds of innocence exists, Read Order

judge Gavel.jpg

Orders passed by Quasi Judicial Bodies sans the Reasonings are untenable, Read HC Judgment

rape Victims

HC: Sexual Act with consent will fall in category of 'Rape' if man knew he was not the husband and obtained consent under impression of marriage [Read Judgement]

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

No Conviction under Sec.3(2) SC/ST Act unless IPC Offence was Committed on ground of Caste, Read HC Judgement

Domestic Violence

HC: Burden of Proof lies on accused if prosecution establishes death of wife was due to cruelty by husband/ his relative [Read Judgement]

Adverse possession- property.jpg

Women and their Property Rights in India: A Critical Analysis

Husband and Wife- Marriage.jpg

HC: Transfers Matrimonial Disputes as per Convenience of Wife by considering Litigation and Transport Expenses [Read Judgment]

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HC: Unfair to Continue with the Criminal Proceedings despite Settlement and Compromise between the Parties [Read Judgment]

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HC: Granted bail to the minor accused of taking a minor girl with the intention of marrying her [Read Judgment]

order

HC expounds victim must be alive in order to exercise the Right to Live with Dignity [Read Judgment]

SC- An Accused cannot be convicted on the ground of suspicion, no matter how strong it is [Read Judgment]

Punjab and Haryana High Court

HC expounds thorough and Fair Investigation is the Backbone of every Criminal Trial [Read Judgment]

SC expounds Court has the Power to Reappreciate the Evidence considering various Factors [Read Judgment]

Order

HC granted the protection of life and liberty without commenting upon the legality of the relationship that exists between the petitioners [Read Judgment]

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

SC- No need to undertake factors under Sec- 32B NDPS act while imposing punishment higher than minimum[Read Judgment]

Punjab and Haryana High Court

HC: No Writ Petition would lie against the Outsourcing Agency as it is not an Authority in terms of A. 12 of the Constitution [Read Judgment]

Employment Contract.jpg

HC- S. 25 of the Indian Contract Act has been shielded, so when it is Applied in the appropriate circumstances, the Limitation is Renewed [Read Judgment]

HC expounds Accused Hard Core Criminal ground sufficient to decline the Application for Parole [Read Judgment]

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SC grants relief and costs to the private party due to the callous, careless, and casual approach of the Union of India [Read Judgment]

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[Arbitration Clause] HC expounds Appointing an Arbitrator would be an Effective Solution [Read Judgment]

[ Article 21] HC: No one is Allowed to Interfere in the Lives of Major who are living together peacefully [Read Judgment]

HC- Even if a couple is living in a live-in relationship still, they are entitled to get protection of their life and liberty [Read Judgment]

order

HC: Importance of Time Schedule is meant for Institutions and cannot Indirect Courts from passing judgements in light of Justice [Read Judgment]

Counterfeit/Forged Currency Notes

HC: Proving of the demand and Acceptance of illegal gratification is sine qua non, mere recovery of currency notes is not enough [Read Judgment]

Juvenile in jails illegally

HC granted Bail to the Juvenile as No Material was made out to bring the case within the Ambit of Exceptions [Read Judgment]

HC: Additional Evidence is required to be taken on record in order to pronounce the judgement or for any other substantial cause [Read Judgment]

UGC

SC expounds UGC guidelines that exempt Ph.D. Holders from the NET will apply retrospectively [Read Judgment]

Court Settlement

HC can quash Criminal Proceedings in Non-Compoundable cases on ground of settlement between the parties [Read Judgment]

Husband- Wife (Marriage).jpg

HC expounds Power to quash the proceedings is not limited only to the Matrimonial Disputes [Read Judgment]

HC grants bail to the accused under the POCSO Act on the ground that the possibility of tampering with the witnesses doesn’t exist [Read Judgment]

order

HC: Accused could not be convicted solely on the basis of a police-recorded confessional statement [Read Judgment]

Supreme Court India.jpeg

SC: Before Framing of Charges the Court must Apply it’s Judicial Mind on the Material Placed on Record [Read Judgment]

Employment Contract.jpg

SC reiterates mere breach of contract would not constitute the offence of the criminal breach of trust [Read Judgment]

Death Sentence.jpg, pic by ht

HC expounds Primary goal of sentencing is to allow offenders to Reform [Read Judgment]

[ S. 91 of Cr.P.C.] HC- Court could not prejudge the evidentiary value of the defense evidence requested to be produced and dismiss the application [Read Judgment]

Forest Hills

SC: Conservation of Ecology and the Environment must go in hand in hand with the Spirit of Economic Development [Read Judgment]

Drugs Smuggling

HC granted bail to the accused on the ground that quantity found of the contraband is less than commercial quantity [Read Judgment]

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SC expounds Prosecution has not proven its case beyond a reasonable doubt, the accused is entitled to the benefit of the doubt [Read Judgment]

Flight- Aeroplane.jpg

HC reiterates Article 21 includes the Right to go Abroad [Read Judgment]

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HC grants bail on the ground that name not included in FIR and has been nominated as an accused on the basis of alleged secret information [Read Judgment]

Eye Witness

SC denies considering testimony of the Eye-witness on the ground that it was recorded after 20 days of the date of Occurrence of incident [Read Judgment]

[S. 311 of Cr.P.C.] HC: Court's decision on the application should be based only on the test of the essentiality of the evidence [Read Judgment]

Drug Dealers

SC: To raise the Presumption u/S. 54 of NDPS Act, it must be first established that recovery was made from the Accused [Read Judgment]

army.jpg, pic by thehindu

SC- Interdepartmental Communications can not be relied upon as a basis to claim right [Read Judgment]

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

HC granted bail to the accused after taking into consideration that the petitioner has already been acquitted in two FIRS under the NDPS act [Read Judgment]

Indian Judiciary

SC expounds Reasonable doubt is not a mere possible doubt but a fair doubt based upon reasons and common sense [Read Judgment]

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HC expounds Security Reviews to be done on Periodical Basis by Assessing the Security threat of the protectees [Read Judgment]

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SC: Arbitrator has the discretionary power to award post-award interest on the part of the sum [Read Judgment]

SC expounds no Prima Facie Evidence on record which implicates the present appellants directly/indirectly connected to the commission of crime [Read Judgment]

HC: HC will not be justified in interfering with an Acquittal Order simply because the Trial Court misapplied the law or misapplied the evidence [Read Judgment]

Right to Privacy.jpg

HC- Right to Privacy can not be raised to create a bubble to scuttle the investigation or nullify the evidence [Read Judgment]

Rent -Tenant-Property.jpg

SC expounds One who alleges that the property is Benami, has to displace the initial burden of proving the fact [Read Judgment]

Sexual Assault Victims Idenity (Pic by Google).jpg

HC: Bridegroom doesn’t have the right or liberty to sexually exploit the fiancee without her consent [Read Judgment]

crime

SC- Gravity of the crime is the prime consideration for deciding what should be the appropriate Punishment [Read Judgment]

SC: Conviction is Unsustainable in the Absence of Concrete Evidence [Read Judgment]

Punjab and Haryana High Court

HC expounds Property of the Proclaimed Offender can not be released is rather misconceived [Read Judgment]

Consumer Protection

SC: NCDRC has no Jurisdiction to Interfere with Concurrent Findings based on Evidence on Record while exercising Revisional Jurisdiction [Read Judgment]

Corruption

SC: Corruption by a Public Servant is an Offense against a State and the Society at large [Read Judgment]

Punjab and Haryana High Court

HC quashed the consequential proceedings against the petitioner on the basis of a compromise made between the parties with the help of family members [Read Judgment]

Suit For Specific Performance.jpg

SC: Court can’t grant Specific Performance relief to someone who is forced to enter into an agreement with a third party [Read Judgment]

Murder

SC upheld the conviction of a man accused of killing his own father after a fight while under the influence of alcohol [Read Judgment]

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SC expounds Procedural safeguards are meant to advance the cause of Justice [Read Judgment]

HC rejects the claim of the Counsel as it was not supported by any reasonings [Read Judgment]

Issue of Cheque Dishonour

SC expounds Cheque case against a firm director or partner can be quashed only if there is unimpeachable and inconvertible evidence [Read Judgment]

Cheque Book.png

[Sec-138 NI Act]: Not only Juristic Entity but all persons responsible for its conduct are also required to be arrayed as an accused, rules HC [Read Judgment]

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

SC: Plaintiffs are the Domius Litis, none can be impleaded as Defendants against plaintiff's permission [Read Judgment]

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SC: Gravity and Seriousness of the offence are relevant considerations for the purpose of the grant of Bail [Read Judgment]

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HC- Finding of facts by Civil Court binding on Criminal Court, proceedings can't continue on the same issue [Read Judgment]

SC: HC ought to have given cogent reasons while releasing the accused convicted under serious offenses on bail [Read Judgment]

SEBI

SC: Opinion under Rule 3 of the SEBI Adjudication Rules are not required to be disclosed unless they are used in the inquiry [Read Judgment]

Convicted

SC: To sustain a Conviction, Circumstantial Evidence must be complete and incapable of explaining any other hypothesis [Read Judgment]

Corporate Veil- Court- Trial- Judge.jpg

SC: Court Must consider whether the Balance of convenience favors granting the Interim Relief [Read Judgment]

Marriage

HC: While considering the transfer of a matrimonial dispute at the instance of the wife, the court is to consider various aspects [Read Judgment]

Indian Currency- Rupees- Salary.jpg

SC Enhances compensation; no weightage was assigned to Salary Certificate while calculating compensation [Read Judgment]

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

SC: Limitation may not apply to a claim, it is the remedy for the claim’s realization that is barred by law [Read Judgment]

SC: Denial of pension is a continual wrong [Read Judgment]

Forest Land.jpeg

Supreme Court expounds any State enactment relating to Agriculture Land tenures is a Special Law [Read Judgment]

SC: Questions of the grant of bail concern both liberty of individuals undergoing criminal prosecution as well as the interests of the criminal justice system [Read Judgment]

Taxes

SC: Appellate Authority can't issue directions for a refund of the tax collected by the State [Read Judgment]

building.jpg, pic by google

SC directs the Noida to allot flats to the 844 persons of the Cooperative Society [Read Judgment]

Appeal

SC: The Right to appeal is not an automatic right it is conferred by the statute [Read Judgment]

Indian Judiciary

SC: Judicial Prudence requires the court to abstain from using its Constitutionally granted jurisdiction when an alternative remedy is available [Read Judgment]

police Investigation.png

SC reiterates: There can’t be two Investigating Agencies with respect to the same FIR’s/Complaint [Reade Judgment]

Indian Currency- Rupees- Salary.jpg

Denial of Back Wages results in punishment, SC directs reinstatement of watchman after 20 years [Read Judgment]

Drafting Skills

Apex Court expounds Plaintiff can not get the relief by clever drafting [Read Judgment]

HC acquitted Father for alleged murder of his own daughter, gives him benefit of doubt[Read Judgment]

Insurance policy

SC: Even if the Premium is Remitted with the Insurance Company belatedly, for the same Insured cannot be made to suffer [Read Judgment]

Drug Dealers

HC expounds Drug Peddlers have successfully destroyed the Social Fabric of our society and led youth to the wrongful path [Read Judgment]

Indian Ports.jpg

SC: Prior Anchorage charges imposed on a vessel under sale are not Encumbrances for the purpose of anchorage fees [Read Judgment]

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SC: Once the claim of the financial creditor is discharged, there can be no question of recovery of the claim twice over [Read Judgment]

SC: Husband has a Sacred Obligation to support his wife and Minor Children Financially [Read Judgment]

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SC: Court cannot make someone, a victim of Injustice, to compensate for the Injustice to the Victim of a Crime [Read Judgment]

SC: HC was required to hold a preliminary inquiry before coming to the conclusion that whether the dispute is arbitrable or not [Read Judgment]

Student in Jail.png

SC: Preventive Detention is a Serious Invasion of Personal Liberty [Read Judgment]

Clerk- Employee.jpg

HC: Terms of the Appointment are unclear in the absence of any Appointment Letter [Read Judgment]

HC: Candidate is not eligible to be appointed as a District Judge by way of Direct Recruitment [Read Judgment]

SC: If the Order of Termination is approved by the Industrial Tribunal; then it will be binding between the parties [Read Judgment]

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SC: Commercial Courts should not exercise their powers under S. 9 of the Arbitration Act, until and unless the conditions under O. XXXVIII R. 5 of the CPC are satisfied [Read Judgment]

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SC while considering the Parity of Bail, the role attributed to the co-accused must be considered [Read Judgment]

Law Firm-Company-Office.jpg

SC dismisses Appeal: Appellant has no locus standi as he is neither a Company nor a member nor creditor of the Company struck off from RoC, Read Judgment

Insurance Compensation.jpg

SC expounds Dependents are entitled to Compensation for Income Loss even if they Inherited the Deceased’s Businesses and Properties [Read Judgment]

Fraud_Case

SC: Simple Allegation of Fraud is insufficient to bring a case within the Statute of Limitation [Read Judgment]

HC: Implication of Accused on basis of disclosure statement of co-accused cannot be justifiable ground for granting Bail [Read Judgment]

Indian Judiciary

SC: Rules of Procedure are the Handmaidens of Justice not the Mistress of Justice [Read Judgment]

rape Victims

HC: There can never be a graver and more Heinous Crime than the father committing Rape on his own Daughter [Read Judgment]

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SC transfers the Petition concerning the diversion of the flow of the river to the Calcutta High Court [Read Judgment]

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SC: Balance of the Rules of Procedure is required to avoid any like prejudice to any of the Parties [Read Judgment]

Rape-Sexual Harrasement- Sexual Assault.jpg

HC: Nobody in Civilized society can be implicated or held guilty just because there is a statement of Prosecutrix [Read Judgment]

Punjab and Haryana High Court

HC: Right to Human Life is to be treated on a much Higher Pedestal, regardless of a citizen being minor or major [Read Judgment]

Minor Sexual Assault

HC- There can not be anything more obscene, diabolical, and barbaric than Child Rape [Read Judgment]

witness box.jpg

SC: More the Delay, more the Possibilities of Influencing the Witnesses [Read Judgment]

Amarpali- Real Estate.jpg

SC directs United Towers to pay ₹4,95,000/- along with interest to Ashoka Investment [Read Judgment]

Abetment to Suicide.jpg

SC: Merely on allegation of harassment, conviction in terms of Sec-306 of the IPC is not sustainable [Read Judgment]

Insurance Compensation - Motor Accident 1.jpg

SC: No parent should have to suffer through the death of their children, much less their only child [Read Judgment]

order

SC: An over-burdened docket is no justification for formulaic Justice [Read Judgment]

Eye Witness

SC: Conviction can be done solely on the basis of deposition of an eye witness if it is found to be trustworthy and reliable [Read Judgment]

accident, Supreme Court.jpg

SC increases Compensation in Motor Accident Claim matter, says 'Future Prospects' was missed [Read Judgment]

Injuction Order.jpg

SC: Decree of Permanent Injunction in favor of the plaintiffs could not have been passed to protect the plaintiffs' possession [Read Judgment]

Handcuff- Arrest- Bail.jpg

SC Granted bail as the Appellant is the lady accused and has already undergone 2 years 9 month’s sentence [Read Judgment]

Writ Petitions, pic by: Investopedia

SC: HC should not entertain the writ petition if an alternate remedy is available [Read Judgment]

Cow Slaughtering

SC Granted interim custody to the gaushala instead of the owners as the cattle cannot be released to persons who were illegally transporting them [Read Judgment]

Car Accident Compensation.jpg

SC granted compensation after taking into account the future prospects of the claimants [Read Judgment]

Justice Chandrachud.png

SC: Government can not misuse the ‘removal of difficulty clause’ to have all the Statutory Restrictions that stand in it’s way removed [Read Judgment]

SARFAESI

HC: Merely because the proceedings under the SARFAESI Act have been initiated, Arbitration of disputes does not get per se barred [Read Judgment]

Punjab and Haryana High Court

HC: Disruption of the Investigation shall not constitute the Stifling of the Investigation [Read Judgment]

police 2.jpg

SC: HC can pass an Order for further Investigation or Re-investigation if it is necessary to secure the Ends of Justice [Read Judgment]

Rape-Sexual Harrasement- Sexual Assault.jpg

HC granted bail to the applicant on the condition of solemnizing the marriage with victim girl [Read Judgment]

Sexual Harassment/ Abuse of Minor, pic by: The Indian Express

Special Court convicted the accused for pulling the dupatta and holding the hand of a minor girl [Read Judgment]

Arbitration Award, pic by: blog.ipleaders.in

HC: Interference in the Arbitral Award will be justified when the Arbitrator’s conduct and impartiality are in doubt [Read Judgment]

Criminal Law

SC: The word ‘ABATEMENT’ is certainly different from ‘ACQUITTAL’ and a mere glance at the provision to S. 394 (2) Cr.P.C. will make it clear [Read Judgment]

Jail

SC commutes the Life Imprisonment of the Accused to the Imprisonment of 20 years [Read Judgment]

SC expounds no sympathy can be shown to such students who have entered/been admitted after the 31st may [Read Judgment]

Investigation (Pic By Google).jpg

SC: Protection Order directed at another Investigating Agency, could not have insulated the petitioner from any act initiated by a different agency [Read Judgment]

HC dismisses the petition for Cancellation of Bail as no Cogent Evidence was found to substantiate the allegations [Read Judgments]

FIR.jpeg, pic by medium.com

HC quashes the FIR since the parties have arrived at a compromise and have decided to live in peace [Read Judgment]

Student in Jail.png

HC: Merely on the ground of unsubstantiated Past Conduct, it would be Punitive and oppressive to the petitioner, to keep him in further Preventive Custody [Read Judgment]

Poppy Straw Drug.jpg

SC: Accused is guilty under the NDPS Act if 'Poppy Straw’ tests positive for ‘Morphine’ and ‘Meconic Acid’ [Read Judgment]

Forest Land.jpeg

SC- Variation in Prices can't be the ground to hold Sale Exemplars non genuine [Read Judgment]

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

HC quashes FIR in case pertaining to SC/ST Act on the basis of 'compromise' [Read Judgment]

Husband- Wife (Marriage).jpg

HC quashes FIR Complainant's spouse deceased and remaining parties desired to drop the case [Read Judgment]

Corruption

SC: Under Prevention of Corruption Act, 'Requisite Intent' to be at core always before amount is handed over [Read Judgment]

Corporate Veil- Court- Trial- Judge.jpg

SC: Benefit of Exception being afforded at Trial Stage only not rigid principle [Read Judgment]

arrest warrant

HC: Issuance of Arrest Warrant is a measure of Last Resort [Read Judgment]

How to file a Civil Suit?

HC: If plea of non-joinder is not raised at time when Suit was argued and decreed, it cannot be permitted to be raised during Execution Proceedings [Read Judgment]

Accused not in position to tamper with Prosecution Evidence: HC grants Regular Bail [Read Judgment]

Insurance Compensation - Motor Accident 2.jpg

SC Opines: Where age of Victim happens to be up to 15 years the multiplier should be 15 [Read Judgment]

Death

SC Rules: Accused's incompetence to explain circumstances under which victim suffered death doesn't infer his guilt [Read Judgement]

Appeal

SC: Appeals decided against Revenue, they are to be treated as final [Read Judgment]

E-Payment/ Online Payment

HC Expounds: No Change can be made whatsoever once online application is submitted [Read Judgment]

Bail Granted

No Prosecution Witness examined in One Year of Charges being framed, HC grants Bail [Read Judgment]

CLAT Examination

SC dismisses order of re-Evaluation passed in the absence of any specific provision [Read Judgment]

SC awards Compensation for loss due to non-plying of vehicle at ₹5000/- per month [Read Judgment]

jail

SC commutes punishment of Death Sentence to Life Imprisonment on ground that accused spent 10 years in Solitary Confinement [Read Judgment]

Dowry Case.jpg

HC grants Bail to Husband involved in Dowry Death and Murder Case [Read Judgment]

Student in Jail.png

HC grants Bail to 4th year Law Student arrested under multiple penal offences [Read Judgment]

Appeal

HC Rules: If Regular Appeal is pending before first Appellate Court, no interference u/S. 482 CrPC is called for [Read Judgment]

HC Expounds: Post of IG stands re-designated to be DGP, remedy of appeal would lie with the DGP of State [Read Judgment]

Employee Benefit.jpg

HC: Denial of Subsistence Allowance amounts to Gross Violation of Statutory and Constitutional Rights of Employee [Read Judgment]

Clerk- Employee.jpg

HC: If Employee stands Acquitted from Criminal Proceedings, he would be entitled to all benefits for the period he was out of service [Read Judgment]

Forest Land.jpeg

SC Reiterates: Once possession has been taken under Land Acquisition Act, there is no lapse under S. 24(2) of 2013 Act [Read Judgment]

Possession of Immovable Property, pic by: makaan.com

SC: HC ought not have quashed Deputy Collector order on ground that the same was without jurisdiction and Coram nonjudice [Read Judgment]

Contempt of Court

SC sentences Contemnor to undergo SI for 6 months for committing egregious acts [Read Judgment]

SC Expounds: Agreement to Sell by itself does not confer any Right, Title, or Interest [Read Judgment]

Suit For Specific Performance.jpg

SC: In a Suit of Specific Performance, there must be a clearly defined issue about plaintiff’s readiness and willingness [Read Judgment]

Job Vacancy.png

SC Reiterates: There's a distinction between 'absence' and 'post fallen vacant' [Read Judgment]

HC Expounds: Appreciating and Evaluating Evidence cannot be decided at the Stage of Framing of the Charges [Read Judgment]

Handcuff- Arrest- Bail.jpg

HC refuses to grant bail to the petitioner as he was also involved in 9 other cases [Read Judgment]

Student in Jail.png

HC grants Bail to petitioner after taking into consideration long period spent in custody [Read Judgment]

witness box.jpg

SC: Identification in Court is meaningless if it occurs in Test Identification Period after Accused has been shown to the Witness [Read Judgment]

Cheque Book.png

HC: If Sec- 138 NI Act stands withdrawn, continuation of proceedings under Sec 174-A IPC will be an abuse of Process of Law [Read Judgment]

Police Protection to Couples- InterCaste Marriage.jpg

HC: Not being of Marriageable Age would not deprive one of their Fundamental Rights [Read Judgment]

Sexual Assault Victims Idenity (Pic by Google).jpg

HC grants bail to Petitioner as Victim in her Statement under Sec- 164 Cr.P.C. didn't attribute allegations of Sexual Assault [Read Judgment]

Handcuff- Arrest- Bail.jpg

Arraigned as Accused on basis of disclosure statement made by accused: HC grants Bail [Read Judgment]

HC Expounds: In order to invoke Powers under Section 319 CrPC; Evidence to be available on File [Read Judgment]

SC: Material collected during Investigation, Statement u/S. 161 Cr.PC, Seriousness of offense to be consideration while granting Bail [Read Judgment]

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

SC Expounds: Additional Accused cannot be impleaded once Limitation Period of Offence u/S 142 NI Act expires [Read Judgment]

Trucks in India.jpg

SC enhances compensation of Tanker Lorry Cleaner in Motor Accident Claim matter in terms of loss of marriage and future earning prospects [Read Judgment]

Suicide Note silent on why accused harassed deceased: HC grants Anticipatory Bail] [Read Judgment]

HC: Arrest not only deprives Right of Personal Liberty but also causes Mental Agony, stress and tarnishes Family Reputation [Read Judgment]

judge with Gavel.jpeg

HC expounds Proclaimed Offender is not entitled to invoke the Inherent Powers to seek quashing of Criminal Proceedings [Read Judgment]

Jails

Petitioner a Government Official, no chance of Absconding: HC grants Bail [Read Judgment]

Private Property, Pic By: MultiBriefs

SC cancels allotment of the Public Plot allotted to the Private Individual [Read Judgment]

HC quashes FIR registered in fraud and criminal conspiracy case on Compromise basis [Read Judgment]

[NDPS Act]- HC grants Bail to petitioner after two years of incarnation [Read Judgment]

Custody of Children

HC: Custody Disputes should be considered with a Pragmatic rather a Hyper-Technical approach [Read Judgment]

HC: First Appellate Court has Discretionary Power to determine whether certain Evidence is necessary to pronounce Judgment or Not [Read Judgment]

SC quashes complaint as it did not disclose any act or petitioner's participation in commission of Crime [Read Judgment]

Gavel--moot Court.JPG

HC grants bail in fraud and conspiracy case on account of lack of Documentary Evidence [Read Judgment]

HC: If a Special Provision has been made qua a particular subject, then General Provisions don't apply to it [Read Judgment]

Long Custody valid ground: HC grants bail to Petitioner languishing in jail for over 3 years [Read Judgment]

Corporate Veil- Court- Trial- Judge.jpg

Supreme Court: If Criminal Trial is biased, then Judicial Fairness and the Criminal Justice System would be at stake [Read Judgment]

Writ of Mandamus.jpg

SC: HC should bear in mind public interest while considering Writ Petition [Read Judgment]

HC grants Permission to a Minor girl to terminate her 24 weeks old Pregnancy [Read Judgment]

Summons

SC: Summoning Order passed after conclusion of Trial not sustainable in law [Read Judgment]

Dying Declaration, pic by: youtube.com

[S. 157 of the Indian Evidence Act]- SC: Dying Declaration can be treated as a Former Statement [Read Judgment]

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

HC Expounds: Report of FSL forms foundation of a case under NDPS Act [Read Judgment]

Insurance Compensation - Motor Accident 2.jpg

HC grants Compensation to an un-married Daughter under the Motor Vehicle Act [Read Judgment]

HC: Imprisonment before Conviction is a sort of Punishment [Read Judgment]

Insurance Compensation - Motor Accident 1.jpg

SC Expounds: Claimants not required to prove case of Motor Accident Claims like in Criminal Trial [Read Judgment]

accident, Supreme Court.jpg

SC Expounds: Court's Duty to restore Claimant to the Position as he was in before occurrence of Disability [Read Judgment]

HC quashes proceedings on basis of compromise in offences predominately private in nature [Read Judgment]

order

HC Expounds: If there is no cognizable offense, LOC subject cannot be arrested or prevented from leaving country [Read Judgment]

judge Gavel.jpg

SC Expounds: Once Court rejects discharge Application, it would proceed to framing of charge u/S. 228 CrPC [Read Judgment]

SC: Interim Orders always subject to Final Order that may be passed finally while terminating the proceedings [Read Judgment]

Forest Land.jpeg

SC: Non-Deposit of Compensation doesn't result in lapse of Acquisition Proceedings [Read Judgment]

judge with Gavel.jpeg

SC Expounds: Reference Application couldn’t have been dismissed if liberty is reserved by High Court [Read Judgment]

CLAT Examination

SC: No Right vested of successful candidate to insist upon their Consideration, in absence of any rule requiring for preparation of waiting list [Read Judgment]

Lawyers in Court, pic by: MyLaw.net

SC: Necessary for Prosecution to establish each and every circumstance beyond reasonable doubt to form complete chain of Evidence [Read Judgment]

SC Expounds: Common Intention can be formed at spur of moment and during occurrence itself [Read Judgment]

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

SC: If Civil Remedy is available, quash Criminal Proceedings, prevent Abuse of Process of Court [Read Judgment]

Supreme Court- Motor Accident Claims.jpg

Consortium a Special Prism reflecting changing norms about status and worth of actual Relationships: SC grants Compensation [Read Judgment]

Handcuff- Arrest- Bail.jpg

HC denies Bail to Petitioner who was habitual in filing cases against different persons [Read Judgment]

Forest Land.jpeg

SC: Compensation determined on basis of Notification 5 years later no yardstick for determination of compensation for land acquired five years before [Read Judgment]

Clerk- Employee.jpg

HC: Pay in Regular Pay Scale has to be fixed from date on which promotion was granted [Read Judgment]

Dying Declaration, pic by: youtube.com

SC Expounds: Utility of Dying Declaration depends upon surrounding circumstances and credibility that Court attaches to it [Read Judgment]

SC Reiterates: Quashing of Criminal Complaint must be done only in Rarest of Rare Cases [Read Judgment]

Organised Crime 1.jpg

SC Expounds: ‘Organized Crime’ synonymous with ‘continuing unlawful activity’, no two separate definitions necessary [Read Judgment]

Supreme Court.PNG

SC: Judicial Review not akin to adjudication of case on merits and adequacy or inadequacy of evidence [Read Judgment]

Medical Research/ Doctor, pic by: Mirpuri Foundation

SC: Where premium is accepted pre-condition of Medical Examinations stands waived [Read Judgment]

Insurance Compensation - Motor Accident 1.jpg

HC Expounds: Outcomes of Criminal Proceedings have no bearing on a case under Motor Vehicle Act [Read Judgment]

Gift Deed.jpg

HC Expounds: Executant seeking Cancellation of Deed is Bound by Law to Pay Ad-Valorem Court Fee [Read Judgment]

Digitization of Police Malkhana

HC Expounds: Not permissible for Police to file a Case u/S. 188 IPC and then submit a report to the appropriate court u/S. 173 CrPC [Read Judgment]

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HC explains the Objective of Section 60(2) of IBC, Read Order

Calcutta High Court

Rent is the consideration or Price Paid For Enjoyment Of The Suit Premises, opines HC [Read Judgement]

Calcutta High Court

HC Rules: Hurried and Cryptic Sentence Without Proper Hearing Is An Anathema To Death Penology, Read Judgment

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HC opines: Section 304A applies to those cases where there is neither intention to cause death nor knowledge that the Act will result in death, Read Judgment

Calcutta High Court, pic by wiki

HC expounds: Illegality cannot be permitted to continue on the defence of balance of convenience, Read Judgment

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HC rules: Son, and daughter-in-law cannot torture their parents under the pretext of caring for them, Read Judgment

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HC expounds: The Authorities Under the PMLA Are Not Police Officers, Read Judgment

Calcutta High Court

HC directed the contemnors to pay Rs. 30 Lakhs to the Petitioners for wilful disobedience of the Court's Order, Read Order

Calcutta High Court

HC Opines: Depriving the Petitioner of Stridhan Articles equals to Domestic violence, Read Judgment

Death Sentence.jpg, pic by ht

HC commutes death sentence after taking into consideration the age of the appellant and the nature of the crime, Read Judgment

HC expounds: Section 24 of M.S.M.E.D. Act does not provide an absolute bar to the disclosure of independence and impartiality of an Arbitrator, Read Judgment

Husband- Wife (Marriage).jpg

HC rejected the transfer application of the husband as he intended to harass the wife, Read Judgment

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SC opines: Summons should not be issued when the allegations in the complaint are absurd or improbable, Read Judgment

While considering actual imprisonment, the period of parole should be excluded, opines SC

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HC enunciates: Motive loses relevance if oral evidence is convincing and reliable, Read Judgment

Calcutta High Court, pic by wiki

HC refuses to grant bail to the President of the District Committee of All India Trinamool Congress, Read Judgment

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HC Expounds: Order of Emergency Arbitrator can be taken into account at the stage of considering an application under Sec- 9 Arbitration and Conciliation Act, 1996, Read Order

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

[SC & ST ACT,1989] SC quashed Criminal Complaint on ground that a Civil Dispute is converted into a Criminal Dispute, Read Judgment

Insolvency and Bankruptcy Code

[IBC] SC propounds that a Party cannot be made to suffer due to legal impediments, Read Judgment

Corporate Veil- Court- Trial- Judge.jpg

SC enunciates that the burden of proof lies on Accused to bring a case within the purview of Section 84 IPC, Read Judgment

HC Expounds: Suspicion, howsoever high, cannot take place of proof of guilt, Read Judgement

Lady Lawyer.jpeg

SC Enunciates: Prosecution cannot be said to be bogus after filing Charge Sheet, Read Order

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SC Expounds: Deviating from method of inviting tenders from entities can only be done in exceptional circumstances, Read Judgement

Inordinate Delay in Trial results in violation of Fundamental Right to a speedy trial: HC releases Accused convicted under UAPA on bail, Read Order

SC Propounds: If Insurance Company is unable to reinstate property insured, then it shall pay reinstatement amount, Read Judgment

Land Acquisition- Real Estate.jpg

[Land Acquisition Act]- SC rules that encroachers cannot be allowed to take benefit of Section 24(2)

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SC Enunciates: Once Conviction is confirmed by SC, HC cannot make comments on investigation and/or merits of the case

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SC Propounds: CISF Personnel are required to maintain discipline of the highest order, Read Judgement

SC Expounds: No absolute bar on cancelling default bail after filing of Chargesheet, Read Judgement

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[Article 14] - SC expounds: Different educational qualifications and experience can be a justifiable ground to have different pay scales, Read Judgement

SC Expounds: Conviction cannot be done solely based on last-seen theory, Read Judgement

Banking Disputes- Payment.jpeg

[Sec-138 NI Act]- Accused deserves Acquittal if ITRs of Complainant silent on Cash Loan and show lack of financial Capacity, Read SC Judgement

SC Enunciates: Process in bail proceedings not akin to money recovery proceedings which are in realm of Civil Proceedings

[Excise License]-HC Opines: Renewal of license cannot be rejected based on Police Report, Read Judgement

HC Full Bench - Statutory Bail cannot be granted automatically unless applied for by the Accused, Read Judgement

Royalty Fees.jpg

SC Enunciates: Amount of royalty cannot be mixed with compensation/loss caused to State Government due to loss of land, Read Judgement

Denial of Right to Information

SC Propounds: Chargesheet not a public document and doesn't fall within Section 4(1)(b) of the RTI Act, Read Judgement

Factory Worker.jpg

SC – ESI applicable to all Factories and Establishments irrespective of number of Employees, Read Judgement

Negotiable Instruments Act, pic by: Legalconclave

HC Expounds: Mistake by Advocate in NI Act Case shall not prejudice the client, Read Judgment

HC Expounds: Volunteer for a disciplined force must have a clean antecedent in terms of his character, Read Judgement

Helping the Child

HC Rules: Child Rights cannot be made a by-product of a lob-and-volley game of politics-coloured bickering between two parties, Read Judgement

Calcutta High Court

Forcibly Removing Minor’s pants amounts to an attempt to commit rape, Read HC Judgement

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Rs.Two Crore compensation just for a bad haircut, SC asks NCDRC to justify the amount awarded, Read Judgement

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Second FIR can be registered if offences as per the complaint are different, enunciates HC

Calcutta High Court.jpg

HC enunciates that the terms of the invitation to tender cannot be open to judicial scrutiny, Read Judgment

Calcutta High Court

[Patents Act] HC propounds that in determining inventive steps, the invention should be considered as a whole, Read Judgment

Calcutta High Court

HC expounds: Courts cannot decide the classification of products for the Customs Tariff Act under Article 226, Read Order

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[NDPS Act] HC expounds that Section 23 is not attracted if the FIR doesn’t disclose allegation of any import or export or transhipment of the contraband, Read Judgement

Calcutta High Court, pic by wiki

HC expounds an additional factor to be considered along with the guidelines laid down in Rajnesh v. Neha while deciding the quantum of maintenance, Read Judgement

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SC enunciates that if marriage is void then conviction under Section 498 – A IPC would not be sustainable, Read Order

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[Cr.P.C.] Non-examination of 164 statements cannot have any bearing on material evidence, opines SC, Read Judgement

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[GST Act] If goods detained in the State, Section 129 penalty can be lawfully imposed, enunciates HC

Calcutta High Court

HC directs searches in all the correction homes of West Bengal to seize electronic gadgets from inmates, Read Order

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HC expounds that Order 29 Rule 2 of the CPC does not limit the service of the summons to the registered office of the company alone, Read Judgment

Calcutta High Court

HC enunciates that the classification of the Tariff heading can’t be changed just to avail the lower rate of tariff, Read Judgment

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SC enunciates that the award of compensation cannot be based on any mathematical formula, but has to be commensurate to the nature of pain and suffering, Read Judgement

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SC expounds that the provision of review is not to scrutinise the correctness of the decision rendered but rather to correct the error, Read Judgment

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SC enunciates that when the theory of “last seen together” is proved against the accused, then the explanation by the Accused becomes crucial, Read Judgement

SC Enunciates: When Trial progresses unhindered, there is no reason to direct CBI- led investigation, Read Judgement

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SC rules that Extra-Judicial confession requires corroboration with strong evidence, Read Judgment

SC rules that when the examination of the Complainant is recorded, order of acquittal on the ground of non-appearance of the Complainant cannot be passed, Read Judgment

SC Expounds: For proving ingredient of threat under Section 364A IPC, intimidation of child victim for making him silent is not enough [Read Judgement]

Contract and Agreement.jpg

SC rules that when disputed questions of fact arise in contractual matters adjudication in a Civil Court is more appropriate, Read Judgment

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Trial and Conviction not vitiated in law even if Accused subsequently proves juvenility, rules SC [Read Judgment]

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There can be no school without a playground, rules SC

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HC rules that contradiction in the orders of the Civil Court cannot empower the Writ Court to enter into the specific domain of the Civil Court [Read Judgment]

Corporate Veil- Court- Trial- Judge.jpg

SC Expounds: Conviction solely based on oral testimony of interested witnesses, without sufficient corroboration is unsustainable [Read Judgment]

Living Will.jpg

SC Opines: Section 69 of Evidence Act applies if attesting witness to a will is dead or not found, Read Judgement

Drugs and Cosmetics

[Drugs and Cosmetics Act]-SC Rules: Small quantity of medicine found in premises of a registered medical practitioner doesn't amount to selling medicines in an open shop, Read Judgment

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Air pollution control norms essential for sustainable development, rules NGT [Read Judgment]

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If Prosecutrix is the only witness, it becomes more incumbent for High Court to provide opportunity of hearing to Prosecutrix, rules SC [Read Judgment]

SC Expounds: Proceedings questioning validity of a Community Certificate cannot be done ex-parte [Read Judgment]

Income Tax Returns

SC Opines: Date of Panchnama last drawn can be said to be starting point of limitation of two years for completing block assessment proceedings, Read Judgment

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SC Opines: There can't be any Police Custody beyond 15 days from date of arrest, Read Judgment

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SC Opines: Lack of Jurisdiction of a Court to entertain a complaint can be no grounds to order its transfer, Read Judgment

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SC Opines: Writ Petition cannot be entertained for recovery of money when Original Writ petitioner availed Remedy before Civil Court, Read Judgment

Calcutta High Court, pic by wiki

HC quashes Assessment Order as Assessing Officer reduced procedure to an empty formality, Read Judgment

HC: Magistrate cannot pass any automatic order on expiry of a period of six months from the date of arrest, Read Judgment

Extra Judicial Confession.jpg

HC: Confession in writing wouldn't escape Exclusion Clause engrafted in Section 25 of Evidence Act, Read Judgment

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

SC Opines: Grant of Bail on grounds of undue delay in Trial cannot be said to be fettered by Section 37 of NDPS Act, Read Judgment

Lawyer, Court.jpeg

HC: No Litigant is relieved of his or her duties and obligations on ground of Advocate being engaged, Read Judgment

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Can lead to Maternal Death: HC denies permission to a 12-year-old Minor Rape Victim to terminate her 25-week-old twin foetuses, Read Judgment

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SC: Accused isn't entitled to be released on bail when two extensions granted by Court remains unchallenged, Read Judgment

SC directs all States to decide on Mercy Petition at the earliest so Accused don't take benefit from such inordinate delay, Read Judgment

False Cases Against Men- Accused- Convict.jpg

SC: Trial Court and Public Prosecutors have a duty to be vigilant while framing charges against accused, Read Judgment

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

SC: Mere inconsistent averments in plaint aren't sufficient to conclude that cause of action wasn't disclosed in plaint, Read Judgment

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SC: State or its Instrumentalities can't be permitted to adopt an attitude of pick and choose, Read Judgment

HC: Order of Acquittal doesn't automatically conclude Departmental Proceeding, Read Judgment

SC: Pre-condition of furnishing a Bank Guarantee for grant of bail is not sustainable, Read Order

Marriage- Dowry.jpg

SC Opines: Irretrievably Broken Marriage is a ground for dissolution of Marriage under Section 13 HMA, Read Judgment

SC Opines: If Convict has a fair chance of acquittal, he shouldn't be kept behind bars till conclusion of appeal, Read Judgment

SC Holds: Employee can’t be denied Pension merely because of wrong deductions from Salary, Read Judgment

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SC Opines: High Court can issue directions in interest of justice while considering bail applications, Read Judgment

PMLA- Money Laundering.jpg

SC Holds: Mere filing of Charge-Sheet of predicated offences can’t be ground to release accused on bail in Money Laundering Case, Read Judgment

SC Opines: Onus of Proof lies on Insurer to show case falls under Exclusionary Clause, Read Judgment

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SC Opines: In absence of any mandatory rule, decision to fill vacancies from Additional List is left to discretion of State, Read Judgment

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SC Reiterates: No decision should be made against Judicial Officer without giving due opportunity, Read Order

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SC Holds: High Court without holding Statutory Provisions constitutionally invalid cannot direct not to implement Statutory Provisions, Read Judgment

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SC Opines: Accused person cannot be deprived of a hearing in Revision Proceedings initiated against dismissal of Application under 156(3) CrPC, Read Order

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HC Opines: Under Section 412(2) of KMC Act, a forced eviction action can only be taken when building's owner/ occupant refuses to leave premises, Read Order

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SC Holds: Co-accused who was released on bail has not surrendered cannot be a germane factor to decline bail, Read Order

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HC Opines: Human Liberty is most valuable to every civilized human being, Read Judgment

SC Holds: Non-Eexecution of any document by General Power of Attorney Holder consequent to it renders said General Power of Attorney useless, Read Judgment

HC Opines: Being tagged in Comments on Social Media at instance of any other person necessarily doesn't confer any liability/ responsibility on the person being tagged, Read Judgment

Domestic Violence.jpg

HC Holds: Question of Cruelty under Section 498A IPC doesn’t arise when Wife never resided with Husband, Read Judgment

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HC Opines: Powers under Sec-160 Cr.P.C cannot be exercised as shortcut method to require attendance of person unconnected with offence, Read Judgment

Arbitration agreement

HC Opines: Mere mentioning of terms ‘arbitration’ or ‘arbitrator’ in Clauses of agreements doesn't aggregate to being an Arbitration Agreement, Read Judgment.

GST- Goods and Services Tax.jpg

HC Opines: Cancellation of registration of supplier with retrospective effect can’t be sole ground for rejecting GST claim, Read Order

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HC Opines: Establishing any wrongful act or negligence of owner of the vehicle not required U/S 163A of Motor Vehicles Act, Read Judgment

Indian Railways.jpg

SC Opines: Railways can’t be held liable for theft of a person’s belongings, Read Order

Employment Contract.jpg

HC quashes proceedings on ground that there is no specific allegation and no Privity of Contract, Read Judgment

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HC Opines: Order u/Sec-16 Arbitration and Conciliation Act can only be challenged under Article 227 on the ground of patent lack in inherent jurisdiction or exceptional circumstances, Read Judgment

Poisoning, pic by: shutterstock.com

HC suspends sentence of life imprisonment of a woman convicted for committing the murder of a 6-year-old stepdaughter by giving poisoned sweets, Read Order

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HC Holds: Once judgment is pronounced, even High Court has no jurisdiction to entertain application for grant of permission to compound offence, Read Order

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HC quashes Rape case on the false pretext of marriage, Read Judgment

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HC opines that the testimony of a child witness cannot be disregarded and can be the basis for conviction if the child is found competent to depose the facts, Read Judgment

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HC holds that UPCL can’t escape from its legal obligation to keep the electricity lines in good repair, Read Judgment

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HC opines there can’t be inconsistency between the deposition and the contemporaneous record regarding the timing of an offence, Read Judgment

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HC Holds: Pleader Commissioner cannot be appointed for verifying truthfulness of statement of Witnesses, Read Judgment

Appeal

HC Opines: If two views are possible then Court of Appeal wouldn't take view which would upset judgment of Court, Read Judgment

Medical Negligence

HC Holds: An element of mens rea must exist in order for 'Negligence' to constitute an Offence, Read Judgment.

fail.jpg, pic by newsfolo

HC directs Edu. Board to pay the compensation of Rs. 2 Lakhs for student wrongly shown as 'FAIL' in Exam, Read Order

HC: Falsity of an assurance of marriage is to be tested at its initial stage of inception, and not at a subsequent stage. Read Judgment

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HC opines: Establishing minority of the victim child is a condition precedent to proceeding with a case under the POCSO Act, Read Judgment

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HC Holds: If Revenue has not challenged a declaration of law in case of one assessee then it cannot challenge its correctness in case of other assessees without just cause, Read Judgment

Possession of Immovable Property, pic by: makaan.com

HC Opines: Dwelling House belonging to an undivided family includes all additional belongings used by the members as part of their Residential House, Read Judgment

HC Opines: Inability to bear a child is neither impotence nor any ground for dissolving marriage, Read Judgment

HC Opines: Cogent reasons are required to be given for imposing stringent and strict sentences, Read Judgment

HC Holds: Prosecution must prove chain of circumstances that led to accused's guilt in case of circumstantial evidence, Read Judgment

HC Opines: Unregistered Agreement to sale is not admissible in Evidence, Read Judgment

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HC Opines: Delay in bringing amendment itself no ground to refuse amendment, Read Judgment

HC Opines: Flaws in initial investigative procedure raise doubt on integrity of entire test identification parade, Read Judgment

HC Expounds: State’s action for forcibly capturing land without initiation of proper proceedings illegal, Read Judgment

Bail Granted

HC grants bail to the accused person on the basis of whose confession dead body was recovered, Read Judgment

HC Opines: Before passing any order prejudicial to a party must issue notice first and then pass it only after appearance, Read Judgment

HC Opines: Responsibility rests with Authority and/or staff of the clinic not Doctor to maintain records under law against pre-natal sex detection, Read Judgment

Indian Judiciary System/ Judicial Transfer

HC Holds: Transfer on administrative ground not a punitive action, Read Judgment

Bail

HC Opines: Bail is the rule and committal to jail is an exception, Read Judgment

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

HC Opines: Civil Disputes arising out of contractual relationships can be properly adjudicated in civil proceedings, Read Judgment.

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

HC Opines: Jurisdiction under Order VII Rule 11 of the C.P.C. can be exercised to prevent irresponsible suits from being filed in court, Read Judgment

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HC Holds: Niyojit Teachers can’t be considered equal to trained Government Teachers, Read Judgment

HC Holds: B.Tech in Electrical Engineering along with M.Tech in Information and Communication Technology not equivalent to M.Tech in Electrical Engineering, Read Judgment

Eye Witness

HC Opines: Testimony of an Eyewitness must be free from blemish and devoid of any ambiguity, uncertainty, and loopholes, Read Judgment

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HC Opines: Condonation of long delay in absence of sufficient reason would cause prejudice to other parties, Read Judgment.

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HC Holds: Even relationship between party cannot persuade court to compound serious offences, Read Judgment

Criminal trails.jpg

HC Opines: Court must only consider commission of a cognizable offence under Section 482 CrPC, Read Judgment

Maintenance under Section 125 of the Code Of Criminal Procedure (Crpc)

HC Opines: Term 'the person' refers to both male and female under Section 125 CrPC, Read Judgment

UGC

HC Holds: It can’t be presumed that Institution follows regulations issued by UGC merely because it is affiliated with UGC, Read Judgment

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

HC Opines: Condonation of long delay in absence of sufficient reason would cause prejudice to other parties, Read Judgment

HC Holds: Even relationship between party can’t persuade tcourt to compound serious offenses, Read Judgment

Criminal Law.png

HC Opines: Court must only consider commission of cognizable offense and refrain from examining merits of allegations, while exercising power under Section 482 CrPC, Read Judgment

CrPC- Criminal Procedure Code- Code of Criminal Procedure

[Section 125 CrPC] HC Opines: Term 'The Person' refers to both Male and Female, Read Judgment

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HC acquits a person convicted under the Anti-Hijacking Act, 2016, Read Judgment

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HC Holds: No one can direct eviction and demolition of accommodation without due process of law, Read Judgment

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HC Opines: Police Officer is required to take opinion of Registrar for infringement of Trade Mark prior to search and seizure, Read Judgment

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HC Opines: Merely obtaining fingerprint would not be of any use to the Prosecution unless the same was available on weapon of assault, Read Judgment

Possession of Immovable Property, pic by: makaan.com

HC Opines: Mere addition of the intervenor as party does not create an interest in Suit Property, Read Judgment

Appeal

HC Opines: Once Court decides to grant or refuse relief of temporary injunction then Appellate Court will not interfere with decision, Read Judgment

Fraud_Case

HC Opines: intention and knowledge are prime elements for committing an offence under Section 420 IPC, Read Judgment

witness box.jpg

HC Holds: Non-examination of Victim deprives accused of opportunity to cross-examine, Read Judgment

Dowry Death

HC Opines: FIR under Section 498A IPC must disclose essential ingredients of offence punishable, Read Judgment

Uttarakhand High Court

HC directs State to blacklist such handlers/owners, who are found to be subjecting their Equines to cruelty and maltreatment, Read Order

Contract and Agreement.jpg

HC Expounds: Validity of Agreement for Sale cannot be questioned unless it's brought up by applicants before competent Court through legally reckoned competent procedure, Read Judgment

CrPC- Criminal Procedure Code- Code of Criminal Procedure

HC opines that the power under Section 482 of the Cr.P.C. is wider than the provisions given under the code of criminal procedure, Read Judgment

HC holds that filing anticipatory bail before the HC without exhausting other remedies would eventually result in flooding the courts for relief, Read Judgment

Student in Jail.png

HC Propounds: Main object of keeping accused in detention during Trial is not punishment but to secure their attendance, Read Judgment

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HC Propounds: Writ of Mandamus may be issued against a person who has a legal duty to perform but has failed or has neglected to do so, Read Judgment

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HC Opines: Existence of an alternative remedy cannot be treated as an absolute bar to entertain a writ petition, Read Judgment

HC Opines: Prosecution has to knit together all the incriminating circumstances in a cogent way that the hypothesis of innocence of the accused is demolished, Read Judgment

HC Opines: Transgender is not a caste identity and every individual should be permitted self-determination, Read Judgment

Vodafone- Idea.jpg

HC quashes order rejecting the claim for refund by Vodafone-Idea, Read Order

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

HC opines: Declaratory suit in regard to adoption comes within the jurisdiction of Civil Courts, Read Judgment

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HC expounds: It is not permissible to change the character of a suit by adding a third party or a stranger to the contract, Read Judgment

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HC enunciates: Compounding in non-compoundable offenses may be permitted by the Court under Art. 226 of Constitution, Read Judgment

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HC expounds: Article 21 of the Constitution of India is reflected in Sections 41 and 41A of the Code of Criminal Procedure, Read Order

HC Opines: Failure on part of accused in not giving any response under S. 106 of Evidence Act becomes an additional link in chain of events, Read Judgment

Investigation (Pic By Google).jpg

HC Holds: Necessary to maintain credibility in investigation and court can compel re-investigation if necessary, Read Judgment

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HC Holds: All documents by which right, title, and interest whether in present or future have been made are necessary to be registered, Read Judgment

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HC Opines: Adjudication is made by Judgment and not by Decree, Read Judgment

HC Opines: To establish a false promise, the maker of promise should have had no intention of upholding his word, Read Judgment

Settlement- Agreement- Lawyer-Client- Suit.jpg

HC Expounds: Court can add anyone as a party to dispute to adjudicate over issue involved in a suit, Read Judgment

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HC opines that as per Section 24 of the POCSO Act, the trial court must determine the age of the victim, Read Judgment

CrPC- Criminal Procedure Code- Code of Criminal Procedure

HC opines: Any order passed under Section 408 of the Code of Criminal Procedure, 1973 is not appealable, Read Judgment

Corporate Veil- Court- Trial- Judge.jpg

HC Opines: Examination of accused under section 313 of Cr.P.C. should not be held in a perfunctory manner, Read Judgment

Victim- Rape Case- Sexual Assault.PNG

HC opines that while appreciating the evidence of the victim of sexual assault, it should be treated at par with the evidence of an injured witness, Read Judgment

Pleads Guilty, pic by: ktuu.com

HC opines that no one can be held guilty of committing an offence unless such participation and allegation are proven up to the hilt by cogent evidence, Read Judgment

HC Propounds: Court having no jurisdiction in matter cannot be conferred jurisdiction by parties with their consent, Read Judgment

Amendment to Statement, pic by: TED ideas

HC Opines: Statement recorded under Sect-164 Cr. P.C. can never be used as substantive evidence of truth of facts, Read Judgment

Documents at Trial Stage in Court.jpg

HC Opines: Furnishing clear, cogent, and succinct reasons in support of impugned order is an indispensable component of a decision-making process, Read Judgment

HC Holds: 'Payment of Bonus Amending Act, 2015' not ultra vires Article 14 of Constitution of India, Read Judgment

Handcuff- Arrest- Bail.jpg

HC Holds: Denial of bail doesn't give unfettered liberty to prosecution to keep a person in custody without conducting a trial, Read Judgment

Arbitration and Conciliation Act, pic by: YouTube

HC expounds: Process of conciliation is voluntary, and cannot be thrust upon either of the parties, Read Judgment

Eye Witness

HC expounds: Statement of an eyewitness must be free from blemish and devoid of any ambiguity, uncertainty, and loopholes, Read Judgment

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High Court reiterates DGCA can act against noncompliance of pilots to aviation rules, Read Order

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HC opines: It is incumbent upon to authorities to pass a reasoned and speaking order, Read Judgment

Lawyer, Civil Case, Court, Advocate,

HC Opines: Remedy that is not directly available cannot be availed indirectly by clever drafting, Read Judgment

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HC Opines: District Appellate Court cannot grant bail after disposal of appeal by affirming judgment of conviction and order of sentence, Read Judgment

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HC opines that the jurisdiction to quash a complaint, FIR or a charge-sheet should be exercised sparingly, Read Judgment

Employment Law.PNG

HC Expounds: Approval of Competent Authority is necessary for terminating service of employee of Government Aided Educational Institution, Read Judgment

Corporate Veil- Court- Trial- Judge.jpg

HC Opines: Non-examination of a material witness may lead Court to draw adverse inference against prosecution, Read Judgment

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

HC Holds: Section-14A of Atrocities Act have an overriding effect on provisions of Code of Criminal Procedure, Read Judgment

NCLAT holds that in order to prove the ingredient of Section 65 there has to be adequate pleadings and findings, Read Order

NCLAT opines that the pre-existing dispute should be present at the time of filing a reply to a notice of demand or at the time of filing the Section 9 application to dismiss an application, Read Judgment

NCLAT opines that the liquidation proceedings cannot be ignored only on the ground that in the balance sheet of the Corporate Debtor the name of the Appellant was reflected, Read Order

Lawyer- Judge- Court- Judiciary- Virtual Hearing

HC Holds: Every activity of executive may not be controlled by judiciary, Read Judgment

Black Magic.jpeg

HC Opines: Practicing of Black Magic can be a personal choice, Court cannot delve into such issues in a habeas corpus petition, Read Judgment

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HC answers: Does the employee's failure to respond to charges of financial irregularities relieve a department of its duty to present evidence at the inquiry?

Tribunals, pic by: Basics

High Court: Petitioner cannot be deprived of benefits due to non-constitution of Tribunal by Respondents, Read Judgment.

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HC Holds: Merely because an investigation is perfunctory, that is no ground to completely discard prosecution case, Read Judgment

Indian Penal Code- Criminal Prosecution- Crime.jpg

HC Reiterates: Mere presence of a motive to commit crime not same as presumption that one has committed a crime, Read Judgment.

Cheating

HC: Misconduct, misbehaviour, malpractices, and cheating is required to be dealt with strictly in Competitive Exams, Read Order

Appeal

HC Opines: Dismissal of Appeal by Appellate Authority without reasoning amounts to abdication of powers. Read Judgment

Corporate Veil- Court- Trial- Judge.jpg

HC Opines: Statement u/s 164 of Cr.P.C. can be used for corroboration or contradiction, but cannot be a sole basis for Conviction, Read Judgment

Rental Agreement.jpg

HC directs Department to review rent for a guest-house that couldn't run due to natural calamity, Read Judgment.

NCLAT: When a matter is reserved for orders, there is no scope for entertaining application from parties to re-hear the matter, Read Judgment.

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HC: Trial Court is required to ascertain age of victim in accordance with Section 34(2) of POCSO Act, Read Judgment

Uttarakhand High Court.png

HC holds that extra judicial confession is a weak kind of evidence, Read Judgment

Corporate Veil- Court- Trial- Judge.jpg

HC: Questions asked by the Trial Court under Section-313 of the CrPC can’t be a mere formality, Read Judgment

Patna High Court

HC opines that mere breach of contract cannot give rise to criminal prosecution for cheating unless a dishonest intention is shown right at the beginning of the transaction, Read Judgment

Constitution of india.jpg, pic by ie

HC opines that if the petitioner by his failure has not availed the appellate remedy, then, there can be no invocation of the extraordinary jurisdiction under Article 226 of the Constitution of India, Read Judgment

Patna High Court

HC opines that SGST and CGST can’t deemed to be paid as IGST without due compliance with the provisions of the taxation enactment, Read Judgment

Transfer of Property

HC Opines: Unregistered Sale Agreement can be used as Evidence for Specific Performance Relief, Read Judgment

HC: Corruption in public life has weakened confidence of common man; grossly affected Economy of Nation, Read Judgment.

Rape-Sexual Harrasement- Sexual Assault.jpg

HC Opines: Medical opinion and self-assessment are no sure grounds of computing age of a person, Read Judgment

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Election Tribunal's findings set aside by HC in absence of cogent evidence to support charges of collusion, Read Judgment

HC: Provisions of Evidence Act may not be applicable in a departmental proceeding but principles of natural justice are, Read Judgment

PMLA- Money Laundering.jpg

HC sheds light on the twin conditions for grant of bail under PMLA, Read Judgment

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HC acquits man jailed for 9 yrs while reiterating principle of ‘audi alteram partem’; trial proceedings vitiated, Read Judgment

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HC Opines: Son cannot claim Right to Residence in a building exclusively owned by Father, by virtue of their relationship alone, Read Judgment

HC Holds: Power of Section-151 to pass an order of injunction in the form of restoration of possession of the code is not res integra, Read Judgment

HC Opines: Question of exercising discretionary power of granting the benefit of doubt doesn't arise when evidence on record is silent in respect of role of accused persons, Read Judgment

HC Opines: One solid attack on vital portion of body like the head is good enough to attract mischief of Section 300 I.P.C considering circumstances in which assault was made, Read Judgment

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HC Opines: Amendment under Order VI Rule 17 can be allowed at any stage as may be necessary for determining the real questions in controversy between the parties, Read Judgment

Corporate Veil- Court- Trial- Judge.jpg

HC Opines: Section 100(5) Cr.P.C. doesn't require Witnesses of search and seizure to attend court as Witness unless specially summoned by Court, Read Judgment

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

HC Opines: If intention from very beginning is not there, case of Cheating cannot be made out, Read Judgment

HC Expounds: There should be prevention of harassment, humiliation, and unjustified detention of accused while granting Anticipatory Bail, Read Judgment

HC Opines: If in a free fight wearing apparels are torn, it will not invariably make out an offence under Section 354 IPC, Read Judgment

Dowry Death

HC Expounds: Accused shall be presumed guilty by court upon prosecution's proof of essential ingredients of Section 304-B of Indian Penal Code, Read Judgment

Juvenile Crimes, pic by: Governance Now

HC Holds: While disposing of Bail Application of Juvenile, gravity of offence cannot be ground to deny Bail Application of Juvenile, Read Judgment

Documents at Trial Stage in Court.jpg

HC Opines: All other members of Unlawful Assembly have been acquitted of charges, appellant cannot alone be held guilty for offence of group liability, Read Judgment.

HC Holds: Where Compromise is entered into between parties and societal interest is not there, High Court can exercise power under Section 482 Cr.P.C., Read Judgment

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HC Holds: Writ Court shall not interfere with findings of fact recorded in a properly constituted Departmental Inquiry, Read Judgment

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HC: Evidence of relative witnesses cannot be said to be interested witnesses unless it is shown that the said witnesses are interested to see conviction of accused, Read Judgment

Elderly Parents

HC Expounds: It is obligatory on part of wife to serve her husband’s mother and maternal grandmother, Read Judgment

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HC Opines: Use of word may in S. 34 CPC confers a discretion of Court to award or not to award interest or to award interest at such rate as it deems fit, Read Judgment.

Rash and Negligent Driving

HC Opines: Rash and Negligent Driving is sine qua non of a case under Section 166 M.V. Act, Read Judgment

HC Expounds: Conditions to be imposed while granting bail must not be onerous, unreasonable, or excessive, Read Judgment

HC Opines: Registration of second F.I.R. for self-same occurrence is prohibited, Read Judgment

HC Expounds: S. 14 of Payment of Gratuity Act gives an overriding effect upon all other enactments or rules made thereunder other than this Act, Read Judgment

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HC Reiterates: Sole Testimony of Witness is sufficient to establish commission of Rape even in absence of Corroborative Evidence, Read Judgment

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HC Opines: Additional Accused cannot be summoned in the absence of any Cogent Evidence u/S. 319 Cr.P.C, Read Judgment

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HC Expounds: Procedure is Handmaiden of Justice, yet it cannot deprive a Citizen of their Inalienable Rights, Read Judgment

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HC Opines: If someone is not eligible for direct relief, he is not also eligible to make an indirect claim for the same remedy, Read Judgment

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HC Opines: If specific redressal is there in Contract, Petitioner cannot deviate and ignore the same unless his legitimate rights are infringed upon, Read Judgment

HC Expounds: Section 163-A of M.V. Act has set out its specific schedule based on which compensation can be provided, Read Judgment

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HC Opines: Court doesn't have the expertise to correct Administrative Decision, particularly where technical knowhow is required, Read Judgment

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HC Expounds: When a factual dispute is still in realm of possibility, Court should proceed cautiously while deciding Petition under Section 482 CrPC, Read Judgment.

HC Opines: Ingredients compelling women to marry or seduced to illicit intercourse must be present to attract Section 366 IPC, Read Judgment

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HC Expounds: Disputed questions of fact can’t be decided in a petition filed under Section 482 Cr.P.C., Read Judgment

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[Negotiable Instrument Act] HC Holds: Specific Averment is an essential requirement of Section 141 and has to be made in a complaint, Read Judgment

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HC Propounds: General Rule of Plaintiff being the Dominus Litus is subject to the provisions of Order I Rule 10(2) CPC, Read Judgment

Public-Prosecutors

[S. 321 CrPC] HC Holds: Public Prosecutor would be entitled to make an independent decision as to whether prosecution has to be withdrawn or not, Read Order

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[S. 291 of Companies Act] HC Holds: Board has the power to make decisions for welfare or benefit of employees of the Company, Read Judgment

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HC Expounds: Court that issues proclamation u/S. 82 of Cr.P.C. must record its satisfaction that accused was absconding or concealing himself to evade his Arrest, Read Judgment

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HC Expounds: Writ Court while exercising power u/A. 226 of the Constitution cannot re-appreciate the evidence like the Appellate Authority, Read Judgment

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HC Reiterates: Section-56 of Indian Contract Act provides that an Agreement to do an act impossible in itself is void, Read Judgment.

HC Upholds: Discharge of Judicial Officer for approaching Union Minister for a recommendation of Transfer, Read Judgment

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HC Holds: Criminal Courts are not meant to be used for settling scores or pressurize the parties to settle the dispute, Read Judgment

HC Enunciates: State’s responsibility to conduct meeting of Departmental Promotion Committee for grant of Promotion, Read Judgment

HC Opines: Re-appreciation of Evidence cannot be permitted under ground of patent illegality appearing on the face of Award, Read Judgment

HC Opines: In exceptional cases involving emergency conditions delay in writing down information may not be regarded as a violation of S. 42 NDPS Act, Read Judgment

Bail

HC Holds: Once petition is filed for Anticipatory Bail, its required to be decided on its merit, Read Judgment

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[S. 222 CrPC] HC: Person charged with an offense consisting of several particulars, then, it shall be sufficient to convict the accused for the major offense and not for each particular offense, Read Judgment

Dowry Murder

HC Observes: If Dowry Demand made soon before unnatural death of Deceased, presumption u/S. 113-B of the Evidence Act can be drawn, Read Judgment

Stealing from Courtroom

HC Opines: ‘Possession with knowledge of stolen article is the essence of offence under Section 412 of Indian Penal Code’, Read Judgment

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HC Holds: Once cognizance has been taken,second cognizance order is not warranted, Read Judgment

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HC Opines: Once a petition for discharge is filed before learned court, Court has to apply its judicial mind and not required to act as Post Office of prosecution, Read Judgment

HC Enunciates: Discovery by means of interrogatories can be objected to on the ground that it is scandalous, irrelevant and mala fide, Read Judgment

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HC Holds: While considering Transfer Petitions, convenience of Wife is to be preferred over convenience of Husband, Read Judgment

[S. 145 of Indian Evidence Act] HC Opines: Contradiction can’t be considered until and unless the attention of the witness is drawn to his earlier statement, Read Judgment

Juvenile Crimes, pic by: Governance Now

HC Opines: While disposing of Bail Application of a Juvenile, gravity or nature of offence cannot be taken into consideration, Read Judgment

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[S. 171 of Indian Contract Act] HC: In the absence of a Contract to the contrary, bankers could retain, as a security for a general balance of account, any goods bailed to them, Read Judgment

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HC Expounds: Filing of Charge Sheet cannot be a ground for allowing a second Anticipatory Bail Application, Read Judgment

Protest

HC Opines: To attract Section-149 I.P.C, there should be a common object or common intention, Read Judgment

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HC Expounds: Unexplained long delay cannot be condoned merely by stating in the interest of Justice, Read Judgment

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HC Opines: Whenever there is a case of sudden fight and conflict, it has to be dealt with under Exception 4 to Section 300 of IPC, Read Judgment

Anand Karaj Act, Marriage.jpeg

HC Reiterates: Woman entitled to live a life in a similar manner as she would have lived in house of her Husband, Read Judgment

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

HC Enunciates: Free Fight without any intent to humiliate member of SC/ST by Caste Name can’t constitute an offense under SC/SC Act, Read Judgment

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[Order XXIII Rule 3(a) CPC] HC: 'Formal defect’ must be given a liberal meaning which connotes various kinds of defects not affecting merits of plea, Read Judgment

HC Opines: Writ Petition before High Court under Article 226 of Constitution of India not a remedy for execution of Arbitration Award, Read Judgment

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HC Expounds: When Transfer Order is made bona fide, personal inconvenience shouldn't come in way of smooth administrative functions and greater public interest, Read Judgment.

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HC Opines: While disposing discharge application, Court neither can appreciate evidence nor can conduct Mini Trial, Read Judgment

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HC Enunciates: It would not be proper for a Counsel to appear in Witness Box without retiring from case as Counsel, Read Judgment

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HC Expounds: To add array of deleted accused has to wait till the case reaches the stage of Section 319 Cr.P.C. is unsustainable, Read Judgment

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[S.498A IPC] HC Reiterates: Laudable Objective of inserting Section 498-A of IPC into statute is to penalize Husbands or their relatives for cruelty to their Wives, Read Judgment

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HC: Power u/S. 4 of the Probation of Offenders Act is to be exercised having regard to the circumstances of the case including the nature of the offence and the character of the offender, Read Judgment

HC directed District Collector to ensure that no Illegal Sand Mining is permitted at Neeva River Bed, Read Judgment

HC Expounds: Veracity of allegations made by Complainant cannot be tested in exercise of power vested u/S. 482 Cr.P.C., Read Judgment.

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HC Expounds: If the case is maliciously lodged against anybody, High Court can exercise power under Section 482 Cr.P.C., Read Judgment

Minor Rape Case

HC Holds: Consent of a Minor Girl is immaterial in a Rape Case, Read Judgment

HC Holds: Evidence of prosecutrix is to be treated at par with that of an injured witness, Read Judgment

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HC: Injured person has the choice to claim the whole damage against all or any of the wrongdoers, in a case of composite negligence, Read Judgment

Eye Witness

HC Enunciates: Testimony of sole eye-witness sufficient to hold accused guilty if it inspires confidence, Read Judgment

Indian-Penal-Code

HC Expounds: Section 304-B IPC permits presumption of law only in a given set of facts which are to be proved and then only law will presume, Read Judgment

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HC Opines: Mere fact that different views on same subject are possible is no ground to review earlier judgment, Read Judgment

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HC Expounds: Unregistered Instrument of Settlement and Evidence of Possession can be considered as sufficient proof of settlement in matters of Agricultural Lease, Read Judgment

[Section 125 CrPC] HC Holds: Wife living separate from husband without any Reasonable Cause is not entitled to any amount of Maintenance, Read Judgment

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HC Enunciates: Sexual Intercourse with a woman 'against her will' or 'without her consent' is essence of offence of rape, Read Judgment

HC Expounds: In Absence of proof of Postmortem Examination Report, its difficult to ascertain intention or knowledge of assailant to cause death, Read Judgment

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HC Enunciates: Testimony of an injured Witness is entitled to a higher degree of credence, Read Judgment

Criminal Law

HC Opines: Mere delay in holding TIP cannot be a ground to cast away Prosecution's Case, Read Judgment

Banning of Unregulated Deposits

HC: Purchasing a homestead land couldn't be treated as a case of emergency for release of tamount invested in a fixed deposit in name of Claimants, Read Judgment

HC grants bail on ground that main accused and other co-accused persons are already released on regular bail/anticipatory bail, Read Judgment

HC Opines: Once Execution of Cheque is admitted S. 139 N.I. Act mandates that Cheque was for discharge of Debt or other liability, Read Judgment

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HC Enunciates: Mere pendency of Confiscation Proceeding no bar to dispose of Application for release of Vehicle, Read Judgment

Breach of Contract

HC: Fraudulent or dishonest intent is evident from the beginning of the transaction, a breach of contract does not result in criminal prosecution for cheating, Read Judgment

Auction Bid

HC Expounds: Mere pricing of a product cannot be sole criteria for declaring a Bidder successful, Read Judgment

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HC Enunciates: Question of Liquidated Damages would arise only when Contract is terminated on account of Breach of Terms and Conditions, Read Judgment

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HC: S. 36 Cr.P.C. provision doesn't empower any Police Officer superior to I.O. of case to impose their views regarding whether case is made out against accused or not, Read Judgment

[S. 125 CrPC] HC: Duty of the Court to see as to whether the husband having sufficient means neglects or refuses to maintain his wife, Read Judgment

HC Opines: Minor delay in Institution of FIR is not fatal to prosecution case if Testimony of Prosecutrix is cogent, reliable, and trustworthy, Read Judgment

Court Settlement

HC quashes FIR while exercising power u/S. 482 Cr.P.C. based on compromise and settlement between the parties, Read Judgment

SC strikes down the Discplinary Rules framed by Madras High Court for Lawyers

HC dismisses PIL against Bar Council for misappropriation of funds collected through sale of Stamps meant for welfare of Advocates, Read Judgment

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HC postponed the non-bailable warrant against Congress leader Rahul Gandhi for a month, Read Judgment

Juvenile Justice, pic by: Lincoln's family

HC Expounds: Parameters for disposal of Bail Application of Juvenile different from Regular Bail Application u/S. 437 Cr.P.C., Read Judgment

Indian-Penal-Code

HC Opines: To constitute an offence under Section 306 IPC, all essential ingredients of Section 107 IPC have to be complied with, Read Judgment

HC Reiterates: Revisional Court shouldn't re-appreciate Evidence or interfere with findings of fact, unless they are perverse or unreasonable, Read Judgment.

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HC Reiterates: Even in Ex-Parte proceeding against husband, wife still required to file Affidavit to find out her Assets/Liabilities/Source of Income etc, Read Judgment

HC Enunciates: Chain of Evidence must be so complete as to eliminate any possibility of a conclusion could support Accused's Innocence, Read Judgment

Passport of India

HC Expounds: Mere pendency of a Crime is not an Impediment to the issuance of a Passport, Read Judgment

Property-Laws

HC: Its necessary to appoint a Commissioner for localizing property regarding identity of property in litigation, Read Judgment

mobile - theft

[S. 411 IPC] HC Expounds: To prove offence, it is mandatory for prosecution to establish that retaining of goods with knowledge that its a stolen property, Read Judgment

HC Opines: Relevancy of document is to be decided first before marking the same as an Exhibit, Read Judgment

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HC Enunciates: Possession of one co-sharer is possession for all, Read Judgment

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HC Expounds: Rules of Procedure are made to advance cause of Justice, Read Judgment

[S. 25(4) of the Drugs and Cosmetic Act] HC Opines: No Court is under compulsion to cause sample so tested if request is made after a long delay, Read Judgment

Charges

HC Expounds: At the stage of framing of charges, it is not required to examine that the case would end in acquittal or conviction, Read Judgment

Bail Granted

HC Expounds: In Bail Applications its not required to conduct a thorough investigation of merits of the case, Read Judgment

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[Contributory Negligence] HC Reiterates: The accident reported in the FIR makes it abundantly evident that the accident took place due to negligence, Read Judgment

Appeal

HC Reiterates: When addressing Order 41 Rule 27 CPC rule, Appellate Court must determine ‘true test’, Read Judgment

HC Enunciates: Adolescent love cannot be controlled by Courts andJudges have to be careful in granting or denying Bail in such matters, Read Judgment

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[Article 141 of the Constitution of India] HC: Law declared by Supreme Court is binding on all Courts within territory of India, Read Judgment

HC Opines: Re-evaluation by a third examiner can’t be permitted except in a case where variation between marks awarded by the first two examiners exceeds 20%’, Read Judgment

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HC Opines: Objective behind Order IX Rule 7 CPC is to prevent unnecessary delays in judicial process, Read Judgment

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HC Expounds: Detaining Authority must record a subjective satisfaction reflecting application of mind regarding nature and gravity of offence, Read Judgment

Murder Case

HC Expounds: Act will amount to an Attempt to Murder if its such that if its not prevented or intercepted, it would be sufficient to cause death of victim, Read Judgment

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The investigating officer unaware of the legal requirements for Electronic Evidence and Admission in Court; HC upheld the Judgment of the Trial Court, Read Judgment

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HC Enunciates: Absence of injury to a victim of sexual assault will not in all cases be fatal to Prosecution, Read Judgment

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HC Expounds: Party's refusal to take objection doesn't always imply a waiver, Read Judgment

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[S. 366A of IPC] HC Enunciates: Taking or enticing away a minor out of keeping of lawful guardian, is an essential ingredient of offence, Read Judgment

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HC Opines: Assault to cause death which fails and isn't accomplished is essence of offence of attempt to commit Murder, Read Judgment

igst refund

HC Expounds: The objective behind the GST Act is the levy and collection of Tax on the Intra state supply of Goods or Services, Read Judgment

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HC directed State to file a comprehensive Counter Affidavit regarding the implementation of the Ayushman Scheme, Read Order

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HC Expounds: Procedure given under Section 52A NDPS Act not followed, cannot be said accused entitled to bail, Read Judgment

HC Opines: Defective Investigation not sole ground for acquittal of Accused, Read Judgment

[Absence of Corroborative Medical Evidence] HC: Injuries were not proved and the Ocular evidence cannot be the sole ground for convicting the appellants, Read Judgment

HC Opines: When Promise of Marriage is given after physical relationship, offense of Rape will not be made out, Read Judgment

[S. 311 r/w S.91] HC Reiterates: To ensure a fair trial, documentary evidence may also be adduced even after conclusion of Evidence, Read Judgment

Eye Witness

HC: Conviction can be based upon Testimony of Sole Eyewitness if it inspires confidence, Read Judgment

HC Opines: Payment of Examination Fees is such a criteria upon which candidature can be rejected, Read Judgment

Documents at Trial Stage in Court.jpg

[O. XLI R. 27 CPC] HC Opines: Merely allowing application and taking document on record will itself not be sufficient to mark Exhibit, Read Judgment

Jharkhand High Court

HC Opines Candidates not fulfilling the requisite qualification at the time of Appointment, are not eligible for Appointment, Read Judgment

Convicted

HC Opines: Conviction made solely based on last-seen evidence can’t be said to be justified, Read Judgment

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HC Expounds: Ruling on a question of law that is later overturned or modified by Superior Court in another case doesn't form a ground for Review, Read Judgment

HC Opines: Examination of Investigation Officer becomes crucial in cases of Circumstantial Evidence, Read Judgment

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

HC: When an Employee is guilty of misappropriation of an amount quantum of amount is immaterial, Read Judgment.

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HC: Issuance of notice without providing an opportunity to submit an explanation violates the principles of Natural Justice, Read Judgment

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HC Expounds: Jurisdiction of HC u/S. 397 of Code of Criminal Procedure is to be exercised only in exceptional cases, Read Judgment

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[Failure to Register FIR] HC Expounds: Aggrieved Party must exhaust other remedies before filing a Writ Petition u/A. 226 of Constitution of India, Read Judgment

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HC Enunciates: Mere allegation of threat to life is not enough to transfer the case, Read Judgment

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HC Opines: Absence of availability of suitable candidates sanctioned vacant posts should not continue to remain vacant for successive years, Read Judgment

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HC Expounds: Cases where a Marriage has irretrievably broken down, carrying on with relationship will just cause further uncertainty, Read Judgment

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

HC Holds: Employee cannot be denied back wages for time he was illegally kept from performing his duties, Read Judgment

Dying Declaration, pic by: youtube.com

HC Reiterates: Dying Declaration can be treated as a substantive piece of evidence, Read Judgment

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[S. 311 Cr.P.C] HC Opines: Discretion given to Court has to be exercised judiciously to prevent failure of Justice and not Arbitrarily, Read Judgment

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HC Enunciates: Notice issued under Section 41A CrPC no bar on maintenance of Anticipatory Bail Application, Read Judgment

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HC: Intention or Knowledge are mental elements that can only be inferred from the nature of Weapon used, and the part of body in which such injury is inflicted, Read Judgment

CBI (Central Bureau of Investigation)

HC Orders CBI Investigation into allegedly false rape accusation by female police constable, Read Judgment

Accused Died of Torture in Custody

HC Opines: Failure to explain injuries sustained by accused can significantly impact Prosecution Case, Read Judgment

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HC: Passing of remarks against a Judicial Officer, while discharging Judicial functions without giving an opportunity, amounts to a violation of the principles of Natural Justice, Read Judgment

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HC Opines: Court while sitting in S. 482 Jurisdiction is not functioning as a Court of Appeal or a Court of Revision’, Read Judgment

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[S. 152 C.P.C.] HC Holds: Amendments can be made as long as there's no dispute to identity of property and a separate suit was not warranted, Read Judgment

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HC Opines: Public orders shall stand or fall on strength of orders themselves, not by subsequent clarifications, Read Judgment

HC Opines: To discharge initial burden with certainty, it must be proved that Accused is guilty of offence, Read Judgment

Employment Law.PNG

HC Expounds: If absence is result of some compelling circumstances which is beyond control, it cannot be said to be wilful, Read Judgment

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HC Opines: Abuse made outside premises of house before persons other than relatives amounts to public view, Read Judgment

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[S. 482 CrPC] HC: Inherent Power can be invoked to meet ends of Justice or where continuation of proceedings may amount to abuse of process of Court, Read Judgment

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

HC: Assuming that there exist, a Civil Dispute cannot be a ground to come to a prima facie conclusion that offenses alleged are in relation to a Civil dispute, Read Judgment

HC Opines: To draw contradiction u/S. 145 of Evidence Act, its first necessary to draw attention of witness towards his statement made u/S. 161 of the Cr.P.C, Read Judgment

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HC Expounds: Anticipatory Bail is not to be granted as a matter of routine, Read Judgment

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HC Holds: Simply because Police laid a charge sheet, it doesn't automatically lead to a conclusion about bonafide of the case, Read Judgment

Lawyer, Civil Case, Court, Advocate,

HC imposes a fine of ₹1,25,000/- on Union Minister Arjun Munda for not rectifying errors in quashing petition, Read Order

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HC Reiterates: Court should record satisfaction that accused is absconding or concealing to evade arrest while issuing a proclamation u/S. 82 CrPC, Read Judgment

Unnao Rape Survivor Charged With Forging Age Certificate

HC Expounds: Essential ingredient to be attracted for the offense u/S. 467 and 468 IPC is a forgery, Read Judgment

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HC Opines: If requisite Stamp Duty is paid, then Sub-Registrar is duty-bound to execute and register the Sale Deed, Read Judgment

HC Expounds: Protection u/A. 311 of Constitution of India is exclusive to Government Employees who have been duly appointed, Read Judgment

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HC Enunciates: Mere granting permission to file a document doesn't amount to acceptance of veracity of contents of document, Read Judgment

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[S. 8 of the Arbitration and Conciliation Act] HC Opines: Its the duty of parties to the Agreement to refer any of their disputes to Arbitrator, Read Judgment

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HC: HC while exercising Jurisdiction u/A. 226 of the Constitution of India cannot go into the issue of disputed question of facts, Read Judgment

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

HC: An indispensable obligation is cast upon Authorities to furnish every piece of incriminating material that it intend to rely upon against Employee, Read Judgment

Heroin Seizer.jpg

HC Opines: Non-production of seized material would create a negative inference within meaning of Section 114(g) of Evidence Act, Read Judgment

HC Expounds: Purpose of framing Regulations would be frustrated if authorities allow encroachments without initiating action, Read Judgment

HC grants Bail to accused person considering that he surrendered on his own wisdom, Read Judgment

HC Opines: Decision to grant special family Pension under Central Civil Services (Pension) Rules, 2021 not only dependent on objection from other Claimants, Read judgment

Pension (Image By Google).jpg

HC Opines: Pension not a bounty or a charity, its earned by Employee on account of meritorious past services, Read Judgment

HC Opines: In order to determine common object, court is required to see circumstances surrounding the incident, Read Judgment

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HC: Jurisdiction of court u/A. 227 of Constitution of India can’t be invoked routinely while seeking interference from HC in pending Suit proceedings, Read Judgment

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HC Reiterates: Once Court sets aside an order of punishment on the ground of ineffective inquiry, court cannot reinstate Employee, Read Judgment

HC: If execution case is kept pending beyond six months, Executing Court has to record reasons as to why the Decree has not been executed by that time, Read Judgment

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HC Opines: An indispensable obligation is cast upon Authorities to furnish every piece of incriminating material which they intend to rely upon against Employee, Read Judgment

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HC Expounds Other Accused persons released on bail can’t be ground to grant Anticipatory Bail, Read Judgment

HC: Wife is well qualified and earning something can’t be a ground to reject her claim for Maintenance, Read Judgment

judge Gavel.jpg

HC Holds: Under Sec-482 CrPC, court must exercise its powers to do real and substantial Justice, depending on facts and circumstances of case, Read Judgment

Drugs Smuggling

HC Opines: Where Narcotic Drugs and Psychotropic Substances are involved, Accused would indulge in activities that are lethal to society, Read Judgment

Employment Law.PNG

HC Expounds: High Court’s acting u/A. 226 of Constitution should not ordinarily issue directions for absorption, regularization, or permanent continuance, Read Judgment

HC: Mere delay in holding Test Identification Parade by itself cannot be a ground to reject the TIP, Read Judgment

HC Opines: Factum of Second Marriage in lifetime of first wife is sufficient to hold Husband guilty for the charge under Section 498A I.P.C, Read Judgment

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HC Enunciates: Stage of Section 244 of Code of Criminal Procedure cannot go endlessly, Read Judgment

[S. 362 IPC] HC: There has to be an element of force, compulsion or deceitful means or any inducement, which would directly or indirectly force a person to go with the abductors, Read Judgment

transgender.PNG, pic by it

HC directs the state to constitute the transgender welfare board within two weeks, Read Order

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[Cattle Cruelty] HC directs District Collectors Kakinada and East Godavari to file reports as to how the Government Order has been implemented, Read Order

Hemant Soren.jpg, pic by the financial express

HC permits Hemant Soren (EX- CM) to attend the last rites of his uncle under police custody, refused interim bail, Read Judgment

Indian-Penal-Code

HC Opines: Mere presence at place of occurrence will not be sufficient for applying S. 34 of Indian Penal Code, Read Judgment

Eye Witness

HC Opines: Merely if the seizure list witness turns hostile, the entire prosecution case can’t be cast away, Read Judgment

Rape-Sexual Harrasement- Sexual Assault.jpg

HC Expounds: In case of Sexual Assault, a solitary account of prosecutrix is sufficient to bring home a charge against the accused, Read Judgment

Investigation (Pic By Google).jpg

HC Opines: Question of hindrance in Investigation will be there even after issuance of Notice u/S. 41-A accused person didn’t appear, Read Judgment

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HC Opines: No bar in law in examining an inimical, interested, or related witness by a party to support his case, Read Judgment

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HC: Condonation doesn't fall as a Matter of Course, nor can it be taken for granted that delay ought to be condoned in any given situation, Read Judgment

Witness Box.jpeg

HC Enunciates: Enquiry Court has to examine all Complainant Witnesses, if the case is exclusively triable by the Court of Session, Read Judgment

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HC: A mere bald assertion of Dowry Demand will not suffice, there should be consistent evidence regarding the nature of demand, whether it was in cash or in kind, Read Judgment

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HC Opines: Mens Rea is one of the essential ingredients of offence punishable under Section 418 of the Indian Penal Code, Read Judgment

HC Opines: In case of attempt on the life by firearm, where the firing misses the target, and no injury is caused then, insistence on injury will not be justified, Read Judgment

HC Expounds: Mere apprehension that accused would tamper with Prosecution evidence or intimidate the witnesses cannot be a ground to refuse bail, Read Judgment

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HC Opines: Without any rectification in registered instruments, revenue records cannot be corrected, Read Judgment

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HC Opines: In a suit for Declaration of Title, burden heavily lies on the Plaintiffs to prove their right and title in the schedule property, Read Judgment

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HC Opines: In matrimonial cases, convenience of wife has to be given preference than inconvenience of husband, Read Judgment

HC Opines: Reopening of Evidence at the stage of arguments could only be allowed in exceptional and rare cases, Read Judgment

HC Opines: Attitude to Arrest first and then proceed with the rest is despicable, Read Judgment

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HC Holds: In each case, the need to appoint a Commissioner is to be independently examined, Read Judgement

Appeal

[S. 100 CPC] HC: Court may formulate any Substantial Question of Law even though the same has not been formulated in the memorandum of Second Appeal, Read Judgment

Dowry Death

HC: It is necessary to establish the demand of Dowry soon before the death to draw the Presumption u/S. 113B of the Evidence Act, Read Judgment.

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HC Expounds Applications are not normally entertained, when there has been an inordinate delay in the filing and no explanation for the delay is provided, Read Judgment

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HC: Amendment to the Plaint would be permissible, even after the Commencement of Trial, Read Judgment.

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HC: Suspension is an Interim measure in Aid of Disciplinary Proceedings, Read Judgment

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HC Enunciates: Every Authority must disclose the material that has been relied upon at the stage of Adjudication, Read Judgment

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HC: Once Civil Court is seized of the matter, it goes without saying that the proceedings u/S. 145/146 CrPC cannot proceed and must come to an end, Read Judgment

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HC Opines: Once issue is civil in nature, Police have no authority to investigate the subject crime, Read Judgment

Expert Evidence, pic by: Kanopy

HC: Petition seeking opinion of an expert can be filed at any stage, but when it comes to sleeping over the rights for a long time without justification, then, the same cannot be allowed, Read Judgment

HC: Abetment as envisaged u/S. 306 IPC involves a mental process of instigating a person or intentionally aiding that person in doing a thing that led to the commission of Suicide, Read Judgment

Summons

HC Reiterates: Summons in a criminal case to face trial cannot be issued against positions or posts as a post is not a juridical person, Read Judgment

[S.52A (4) of the NDPS Act] Any list of samples drawn under sub-section (2) and certified by the Magistrate amounts to primary evidence, rules HC, Read Judgment

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HC Reiterates: Constitutional and Fundamental Right of an Employee to receive Retiral benefits, if there is no legal impediment, Read Judgment

HC Opines: ‘In appropriate cases, an Interim Order of maintenance can be passed ex-parte even before the service of notice u/S. 125 of the Cr. P.C, Read Judgment

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HC Opines: Unilaterally executing a Cancellation Deed of the gift Settlement Deed is violative of Rule 26(k)(i) of the Registration Rules, framed under Registration Act, Read Judgment

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HC Opines: Confessional statement of the co-accused is to be taken up at the stage of trial and not while considering a Bail application u/S. 438 of the CrPC, Read Judgment

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[S.106 of the Factories Act] HC Opines: Limitation Period for filing the complaint is three months, and no provision for Condonation of Delay exists, Read Judgment

HC Holds: There is no legal requirement that conviction can’t be sustained on evidence of Police Personnel, Read Judgement

HC Opines: Bail once granted to an Accused person cannot be cancelled unless he violates the Condition of the bail, Read Judgment

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HC Opines: Permanent Lok Adalat has the power to deal with disputes relating to public utility services that do not relate to any offence, Read Judgment

HC: Once the employer deposed the salary particulars, it is not open for the insurance company to decide compensation as per the wages fixed under the Minimum Wages Act, 1948, Read Judgment

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HC Expounds: Court is not expected to comment upon merits of the case while deciding Bail Application, Read Judgment

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HC Expounds: Any unjust retention of money or property of another shall be against the fundamental principles of justice, equity, and good conscience, Read Judgment

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HC Expounds: To establish offence punishable u/S. 420 IPC, accused must have the intention to deceive since the beginning, Read Judgment

Murder Case

HC Opines ‘Conviction can’t be based solely on the recovery of a murder weapon’, Read Judgment

HC Opines: Unless existence of seized vehicles is required during case investigation, they need not be kept in the police station, Read Judgment

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HC: In case of taking cognizance of an offence based upon the police report, the Magistrate is not required to record reasons, Read Judgment

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[S. 36 of the Indian Contract Act] HC: A contract that is Contingent on doing or not doing something in the case of an impossible occurrence is null and void, Read Judgment

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HC Opines: There cannot be a deviation from the decree by the Executing Court, Read Judgment

HC Expounds Harsh and Excessive conditions for bail amount to a denial of the Bail, Read Judgment

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[S. 406 IPC] HC: There must be an entrustment or dominion over the property, Read Judgment

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HC Opines: Petty quarrels cannot be termed as 'cruelty' to attract the provisions of Section 498-A IPC, Read Judgment

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HC Expounds: ‘Reasons are the Heart and Soul of the order passed by the Authority’, Read Judgment

HC Opines: Principle for Consideration of granting Bail and the Cancellation of Bail stands on a different footing, Read Judgment

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[Case filed maliciously] HC Expounds: Court responsibility to examine with circumspection so that an innocent person may not be prosecuted in a criminal case, Read Judgment

Homicide

HC: If Culpable Homicide is committed without any premeditation in the heat of passion upon a sudden quarrel, the death will fall within exception 4 of S. 300 IPC, Read Judgment

HC Opines: While returning judgment of conviction based on Circumstantial Evidence the chain should be complete, Read Judgment

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[S. 16 of the Tenant’s Holdings Act, 1973] HC Holds: Power of revision is vested upon the Collector of the District and not on the Commissioner of the Division, Read Judgment

HC Reiterates: Even a person who is unemployed and is well-built is under a legal obligation to maintain his wife and children, Read Judgment

Arbitration Proceeding

[S. 11(6) of the Arbitration & Conciliation Act] HC: The Court can appoint an Arbitrator only if parties fail to refer the disputes to the Arbitrator even after a notice, Read Judgment

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HC Expounds: Deputy Commissioner-cum- District Magistrate can’t pass the order of confiscation of commercial vehicle, Read Judgment

HC Expounds: Authorities have the power to end the selection process at any time, they must provide sufficient reason and explanation and not act Arbitrarily, Read Judgment

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[S. 482 CrPC] HC Opines: ‘Inherent Power should not be exercised to stifle a legitimate prosecution’, Read Judgment

HC: In the absence of any Interim Order, the pendency of an Application for Anticipatory Bail shall not bar the Trial Court in issuing/proceedings under S. 82 CrPC, Read Judgment

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HC Opines: ‘No scientific opinion can hundred percent correct and as such will be nothing more than corroborative in nature’, Read Judgment

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HC Opines: ‘Any novation, rescission or alteration of a contract can only be done with the agreement of both the parties to a contract and cannot be done unilaterally’, Read Judgment

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HC: Casual remark said in routine or casual conversation should not be construed or misunderstood as “abetment”, Read Judgment

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HC: Writ Court can pass directions to the District Level Committee headed by the Deputy Commissioner, for issue of land possession certificate, Read Judgment

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HC Opines: ‘Petitioner cannot be arrested under the case's after 22 years of transactions’, Read Judgment

Election Commission of India

HC directs the Election Commission of India to consider whether pregnant ladies should be permitted to cast their vote through postal ballot or not, Read Judgment

HC Opines: ‘On the grounds of certain new alleged allegations in the second FIR, the second FIR can’t be maintainable’, Read Judgment

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HC: Management can’t be held responsible for the accident when the safety equipment was provided and the workman had not taken advantage of the same, Read Judgment

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HC: Mandate u/A. 14 of Constitution shall apply in the matters where the State and its instrumentalities decided to create a Contractual obligation with private parties, Read Judgment

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[Right to Pension] HC: Pension is not a bounty to be given to the employees at the sweet will of the Authorities, Read Judgment

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HC Opines: ‘Merely because the wife filed the divorce case out of anger, the same can’t make the order of maintenance passed u/S. 125 of the CrPC illegal’, Read Judgment

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HC Reiterates: While examining an application u/S. 11(6) of the A&C Act, the Court must look at the existence of the Arbitration Clause only, Read Judgment

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HC Expounds: To make an individual accused along with the company, there needs to be a Doctrine of Vicarious Liability in the statutory regime, Read Judgment

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HC Reiterates: Payment of Gratuity Act, 1972 applies to the Anganwadi Workers and Helpers, Read Judgment

Electronic Evidence

[S. 65-B Indian Evidence Act] HC Reiterates: While accepting the electronic device, certification is to be given by its custodian, Read Judgment

HC Opines: Judgment of conviction can be returned based on the solitary account of prosecution if it is reliable and trustworthy, Read Judgment

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HC: If evidence of police officials inspires confidence and suffers from no infirmity or malice the same can be accepted for proving the guilt of Accused, Read Judgment

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HC Expounds: Membership of the unlawful assembly is the fundamental ingredient of the offence u/S. 149 of the Indian Penal Code, 1860, Read Judgment

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HC Opines: Lack of bona fide and gross inaction and negligence should be taken into consideration while considering the question of Condonation of Delay, Read Judgment

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HC Expounds: If alternative remedy is available, then writ court should be reluctant in exercising the power conferred u/A. 226 of the Constitution, Read Judgment

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HC Opines: Right of Consideration is accrued when Junior to an Employee concerned has been considered for promotion, even though promotion is not a right, Read Judgment

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[A.226 of the Constitution] HC: HC has the power to interfere with the quantum of punishment which appears to be disproportionate to the alleged charges, Read Judgment

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Administrative exigencies in the garb of recommendation of M.L.A., cannot be accepted: HC set aside order of transfer issued against the provisions of law, Read Judgment

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HC Opines: ‘Heart Attack during the course of employment is covered under the Employees Compensation Act,1923’, Read Judgment

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HC Opines: If application of mind to the question of compensation is not considered mandatory, S. 357 Cr.P.C. would be rendered a dead letter, Read Judgment

HC Opines: ‘Second FIR filed in connection with the same or connected cognizable offense alleged to have been committed in the same transaction, maybe a fit case for quashing the same’, Read Judgment

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HC: Person who is established to be a child on the date of the commission of an offence can avail benefits given to the child under the JJ act even if the case has been finally decided, Read Judgment

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HC Opines: Criminal Proceedings u/S. 376 of Indian Penal Code cannot be quashed under Section 482 of Code of Criminal Procedure, Read Judgment

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HC Opines: Court while issuing proclamation under Section 82 CrPC must record time and place for appearance of accused persons, Read Judgment

Mediation

HC Expounds: Proceedings of Mediation cannot be used in any court of law as Evidence of any information or communication, Read Judgment

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HC: If expert opinion is obtained unilaterally behind the back of the other party, without the intervention of the court the veracity of such report is of little evidentiary value, Read Judgment

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HC Enunciates: Revenue Records and Entries made in Register II are only Weak Evidence of possession, Read Judgment

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HC: Deceased’s major children not having an independent income will be considered as dependents for Motor Accident Claims, Read Judgment

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HC Expounds: Protection u/S. 41-A of Cr.P.C. is confined to the stage of Investigation and not after it is concluded, Read Judgment

HC: Unless a Petition filed u/S. 156 (3) of the CrPC is accompanied by an affidavit, the Judicial Magistrate, ought not to entertain the prayer Clause, Read Judgment

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HC: To constitute offence u/S. 376 IPC, woman's consent to sexual conduct in a relationship had to be obtained by misconception of facts and false promises of marriage, Read Judgment

Jharkhand High Court

HC Expounds the same authority cannot review its own order, as it is clear from the executive rules of business, Read Judgment

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HC Opines: ‘The driving license, PAN Card, Voter Card cannot be treated to be a valid document for considering the date of birth of an employee’, Read Judgment

Jharkhand High Court

HC Opines ‘The court issuing a Writ of Certiorari acts in exercise of a Supervisory and not Appellate Jurisdiction’, Read Judgment

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HC Expounds ‘Writ Petition involving disputed questions of fact is not maintainable’, Read Judgment

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HC Opines ‘Once Bailable warrant was issued, magistrate ought to have ensured that the Execution report of bailable warrant of arrest is received, before issuing non- bailable warrant of arrest, Read Judgment

Jharkhand High Court

HC Opines ‘High Court could not embark upon an enquiry as to whether the evidence is reliable or not as that would be the function of the Trial Court’, Read Judgment

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HC Opines ‘if any employee, during service period, is put under suspension and subsequently, he/she retires from service on attaining the age of superannuation, the order of suspension automatically comes to an end’, Read Judgment

HC Opines ‘In the absence of any specific rules, pension being as a right in “property”, cannot be withheld and the same is impermissible’, Read Judgment

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HC Opines: Court has a limited scope of interference in a regular domestic enquiry except in the cases of procedural lapses or violation of the principle of Natural Justice, Read Judgment

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HC Expounds to attract Section 324 of the Indian Penal Code, a voluntary hurt should be caused by an instrument of shooting and stabbing or cutting, Read Judgment

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HC Opines ‘the proper officer under the GST should not be requiring or forcing or coercing a person so summoned to give statement after the office hours’, Read Judgment

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HC enunciates: Photographs of the visit of police station in order to show the compliance made with the conditions of bail not likely to be fabricated, Read Judgment

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HC Opines: ‘An encroacher cannot seek an equitable relief of injunction to prevent the real owner from protecting the property’, Read Judgment

Jharkhand High Court

[O.7 R.14] HC: While dealing with the issue of granting leave, the concerned court is required to take a liberal view for acceptance of the document, Read Judgment

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HC Enunciates that the foremost consideration during the framing of charges is to ascertain the presence of a prima facie case, Read Judgment

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HC Opines: Acquittal in the criminal case itself cannot be a ground for Quashing of the order of dismissal from service, Read Judgment.

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HC holds: the word ‘shall’ in Order I Rule 3 of the CPC cannot always be interpreted as mandatory, Read Judgment

Jharkhand High Court

[S. 482 CRPC] HC: If the case is not made out, non-interference of the same will amount to an abuse of process of law, Read Judgment

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HC Expounds: Object of holding enquiry under Chapter XV is not an empty formality, but is a stage to weed out frivolous and false complaints, Read Judgment

Tripura High Court

HC Opines: Trial court order in rejecting the application of the accused to summon witnesses is not an interlocutory order rather it is a final order, Read Judgment

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HC Expounds: One incidence of altercation is not sufficient to make out an offence under Section 498A of the IPC, Read Judgment

Order

HC Opines: ‘In cases involving inordinate delay in filing an appeal, the courts have to take a strict approach’, Read Judgment

Tripura High Court

HC Expounds: Granting Bail to an Accused of committing offenses under the NDPS Act is an exception and bail is not a rule, Read Judgment

Jharkhand High Court

HC Opines: ‘Mere breach of contract cannot give rise to Criminal Prosecution for Cheating’, Read Judgment

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HC Opines: ‘At the stage where after trial the Accused has been convicted, the complaint u/S. 498A IPC can’t be quashed based on compromise between the parties’, Read Judgment

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HC: The Appellate Court u/S. 391 of the Cr.P.C. has no such power to set aside the judgment of conviction and direct re-trial, Read Judgment

Jharkhand High Court

HC Opines: ‘Once there is an admission in pleading as per the provision of the procedure code, it will dispense with further proof of it’, Read Judgment

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HC Expounds: To attract S. 8 of the NDPS Act, it is necessary that a narcotic drug or psychotropic substance, was being transported except for medical or scientific purposes, Read Judgment

Jharkhand High Court

HC Reiterates: ‘Relief for a refund of the earnest money can’t be granted in the specific performance suit unless it is specifically prayed’, Read Judgment

Jharkhand High Court

HC Reiterates Discharge provision is applicable based on the nature of the trial under Section 227 Cr.P.C, Read Judgment

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HC Expounds if there are more claimants for granting the license on compassionate grounds, ‘No Objection Certificate’ must be obtained from each of them, Read Judgment

[S. 304 of IPC] HC: Private Complaint should not be entertained unless the complainant can show that the accused doctor was reckless or negligent, Read Judgment

Arbitration Proceeding

[S. 11(6) of the Arbitration & Conciliation Act] HC: The Court can appoint an Arbitrator only if parties fail to refer the disputes to the Arbitrator even after a notice, Read Judgment

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HC holds Party should be put on notice of the case before any adverse order is passed against him, Read Judgment

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HC Opines: ‘When the testimony of the eyewitness is credible, then it is not necessary to prove the motive behind the offence’, Read Judgment

HC Expounds The person who has signed the cheque in question is only liable for prosecution under section 138 of Negotiable Instruments Act, Read Judgment

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HC Opines: ‘Order of framing of charge being an interlocutory order not amenable to the Revisional Jurisdiction of the Court’, Read Judgment

Jharkhand High Court

HC Holds: Bihar Tenants Holdings (Maintenance of Records) Act, 1973 confers no authority on the state to cancel Jamabandi, Read Judgment

Dying Declaration, pic by: youtube.com

HC Opines: ‘There is no prescribed format for recording the dying declaration but the Court has to satisfy whether it was made in a fit state of mind’, Read Judgment

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HC Expounds If any complaint case is filed by any person, the learned Court has got responsibility to examine the facts cautiously and then only proceed in the matter, Read Judgment

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HC Expounds: The appointment on Compassionate grounds can be made only where the employer has formulated a scheme for Compassionate Appointment, Read Judgment

Jharkhand High Court

HC Opines: ‘Although it is not expected to hold a mini-trial at the stage of considering a Discharge Petition, however, the court has to apply its judicial mind’, Read Judgment

Tripura High Court

HC Opines: ‘the court must ignore the minor discrepancies with respect to trivial matters, which do not affect the core of the case of the Prosecution’, Read Judgment

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HC directs the State to file a detailed reply giving the details about the implementation of the provisions of Rule 167A of the Central Motor Vehicles (Seventeenth Amendment) Rules, 2021, Read Order

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HC takes suo moto cognizance of the error committed in the bare act of the Bhartiya Nyay Sanhita 2023 published by Universal LexisNexis, Read Judgment

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[S. 60(1)(g) C.P.C] HC Opines: Stipends and gratuities allowed to pensioners are not liable to attachment, Read Judgment

Jharkhand High Court

HC Opines ‘Employee convicted of any criminal charges as mandated in the Constitution, no such right of the concerned public servant is to remain in service, Read Judgment

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HC Enunciates: Driver is entitled to compensation under the Employees Compensation Act if the death of the driver caused by stress and strain by the Job, Read Judgment

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[Departmental Proceedings] HC Opines: Failing to report for work without authorization will be viewed as misbehavior, Read Judgment

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HC Opines: ‘Approaching the HC u/A. 226 of the Constitution initially is not the appropriate remedy in the case of registering the complaint of cognizable offences, Read Judgment

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HC Opines: ‘The provisions of O. VIII R. 1 of C.P.C. to file the written statement within a maximum period of 90 days is directory not mandatory’, Read Judgment

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HC: Mere pendency of a title suit cannot be ground for claiming discharge from the offence of theft, Read Judgment

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HC: Any irregularity committed during an investigation cannot be said to be the sole ground to discard the prosecution case, Read Judgment

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HC Opines: ‘Right of revision against an order provided under Section 397 CrPC shall not be curtailed only on the grounds of delay’, Read Judgment

HC expounds that without entrustment the offence under Section 405 IPC can’t be attracted, Read Judgment

Passport of India

HC Opines ‘Person involved in a criminal case is obliged to obtain NOC from the Court concerned for obtaining renewal of his passport, Read Judgment

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HC Opines: Remand cannot be made where no issue had been left undecided by the trial Court, Read Judgment

HC: Parties may adduce the evidence at a later stage of suit showing the sufficient ground not producing them at the time of filing suit /written statement, Read Judgment

[Anticipatory Bail] HC: The Court cannot give the case the same weight and consideration as it would during a trial, Read Judgment

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HC Opines: The truth or falsity of the case could be decided only at the trial not at the initial stage of the proceeding, Read Judgment

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HC Opines: Maintenance amount itself becomes problematic when individuals working in the unorganized sector are given unjustifiably high maintenance awards, Read Judgment

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HC: Even an order passed by the Administrative Authority that follows serious civil consequences should conform with the requirements of Natural Justice, Read Judgment

Cow Slaughtering

HC directs the nodal officers to take steps strictly for the prevention of slaughtering of livestock of cows. calf, oxen, etc. in public places, Read Judgment

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HC Opines ‘denying the post-retiral benefits to the writ petitioner on flimsy grounds like for not providing a joint photograph with his wife must be deprecated’, Read Judgment

Jharkhand High Court

HC Orders Rs.5,00,000 compensation to the person who was wrongly taken into custody and tortured by the police officials, Read Judgment

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HC: No application for amendment shall be allowed after the trial has commenced unless the court concludes that despite due diligence, Read Judgment

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HC: The relevant order sheet has been written by someone else and the Judicial Magistrate concerned has just put his signature, which is not sustainable in law, Read Judgment

HC Expounds: Subsistence of a valid marriage is a prerequisite for passing any order under Section 125 of the Cr.P.C., Read Judgment

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HC Opines: ‘In an application u/S. 11(6) of the Arbitration and Conciliation Act, 1996, the Court is required to see the requirements as per section 7 of the Act, Read Judgment

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HC Opines: ‘In the sexual assault case, a judgment of conviction and sentence be returned on the basis of the solitary account of the victim’, Read Judgment

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HC: The discretionary power vested u/S. 311 Cr.P.C. has to be exercised judiciously for a strong and valid reason and with caution and circumspection to meet the ends of Justice, Read Judgment

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HC: The District Magistrate is not the Adjudicating Authority under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Read Judgment

Jharkhand High Court

HC: To make an offense of criminal breach of trust, the prosecution is to establish that the property was misappropriated by the person with whom the same was entrusted, Read Judgment

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HC holds matter relating to the allegations of Sexual Harassment and embezzlement of funds against the HC Bar President should be brought to an end as early as possible, Read Order

Tripura High Court

HC rejects the prayer to direct the State Election Commission to accept nomination papers online, Read Order

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[S. 152 CPC] HC Opines: ‘The clerical and Arithmetical Mistakes can be rectified in the judgment and decree as well’, Read Judgment

Punjab and Haryana High Court

HC Enunciates: A petition that lacks bona fide and conceals vital facts is an abuse of the process of law and is liable to be discarded at the very threshold, Read Judgment

Breach of Contract

HC Opines: ‘Freedom of contract must be founded upon equality and bargaining power between the contracting parties’, Read Judgment

Tripura High Court

Entitled to lead a life with all dignity; HC grants bail to the accused person who tested positive for HIV, Read Judgment

Punjab and Haryana High Court

HC: ‘Life convicts should be eligible for release into society once they have served a sufficient period in prison to mark the seriousness of their offences’, Read Judgment

Jharkhand High Court

HC: Orders passed by the departmental authorities cannot be interfered with by the court unless it is shown that the same is passed in breach of Natural Justice, Read Judgment

HC: Whether the drawer had discharged the debt is a question to be determined during trial, and can’t be a ground to quash criminal proceedings u/S. 138 of N.I. Act, Read Judgment

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HC Opines: ‘The Registering Authority is debarred from examining the nature of right, title and character of the sale-deed presented for registration’, Read Judgment

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HC: Unless and until the execution of the sale deed is proved by the witnesses, the exhibit on the same cannot be marked, Read Judgment

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[Lawyers are not being given Justice] HC holds that the benefit of Insurance should be extended to the lawyers as a whole, Read Judgment

Punjab and Haryana High Court

HC Expounds: Opportunities of Reformation must be granted to strike a balance between the efficacy of law and the chances of reformation of the Accused, Read Judgment

Tripura High Court

HC Expounds: Interest is to be paid in the case of delay in the payment of gratuity and other pensionary benefits, Read Judgment

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HC Enunciates: The limited purpose to implead subsequent purchaser is for enforcement of decree by establishing that the sale was not bonafide, Read Judgment

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HC Opines: Lack of Territorial and Pecuniary jurisdiction doesn’t render the judgment and decree passed as null and void, Read Judgment

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HC Holds: Disciplinary proceedings are independent of the criminal cases, Read Judgment

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HC rejects the claim of the A.P Pollution Control Board to submit a gap report on the treatment of bio-medical waste in the sealed cover, Read Judgment

Tripura High Court

HC Opines: In the case of any delay on the part of the insurance company in issuing the policy, the laches cannot be attributed to the owner, Read Judgment

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HC Opines: ‘A child of tender years requires the love, affection, company, and protection of both parents and it is his/her basic human right’, Read Judgment

Jharkhand High Court

HC Opines: ‘Police personnel in a live-in relationship with a lady other than his wife amounts to a violation of service rules’, Read Judgment

HC Holds: Any person missing is a human first, regardless of gender, and to trace missing persons, the police need to play a major role, Read Judgment

Tripura High Court

HC Opines ‘The Corporation cannot be fastened with the liability of paying the compensation for the negligence of the erred officers’, Read Judgment

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HC Opines: ‘Any deficiency in service detected opens up an avenue for the aggrieved consumer to seek relief before the Consumer forum', Read Judgment

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[A.P. Buildings Control Act, 1960] HC: Once the applicant opts to file an application u/S. 8 of the Act, the sequential procedure prescribed by the act has to be followed, Read Judgment

HC Expounds: Merely a plea by the husband that he does not possess any source of income ipso facto does not absolve his duty to maintain his wife and children, Read Judgment

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HC: S. 145 of the Cr.P.C. deals only with the factum of possession of a party on a particular date. It confers no title to remain in possession of the disputed property, Read Judgment

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HC Holds: For the preserving of liberty, the duty is cast upon the Constitutional Court, Read Judgment

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HC Opines: ‘The failure of one expert cannot be considered as a rule of thumb to deny forwarding of documents to another expert’, Read Judgment

HC Opines: ‘Husband having sufficient means neglected to pay maintenance, ordering payment of maintenance from the date of the petition filed sounds correct’, Read Judgment

Jharkhand High Court

HC Holds: A prima facie proof is necessary to show that the document is thirty years old, for raising the presumption u/S. 90, though it is a rebuttable presumption, Read Judgment

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HC: S. 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 states that all offenses, whether bailable or non-bailable must be treated as bailable, Read Judgment

Narcotic Drugs Dealer

The Investigation Agency does not follow the procedure given u/S. 52-A of NDPS Act, HC grants bail to the NDPS accused, Read Judgment

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HC: No bar in passing an order of detention against a person in jail; Finding is to be recorded that there is a possibility of the detenue being released from jail, Read Judgment

Tripura High Court

HC Expounds Mere filing of a Charge-Sheet is not a ground to grant bail to an accused under the NDPS Act, Read Judgment

Tripura High Court

[S. 473 Cr.P.C] HC Opines: ‘The Court can take cognizance of an offence after the expiry of the period of limitation, if the delay is properly explained’, Read Judgment

Jharkhand High Court

HC: ‘If the child withstands the test of cross-examination and there is no infirmity in her evidence, the prosecution can rightly claim conviction based upon her testimony alone’, Read Judgment

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HC Expounds: ‘To invoke Section 34 of the IPC, the prosecution has to establish existence of common intention amongst the participants in the crime’, Read Judgment

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HC Expounds Prolonged non-compliance with the Court's directions and orders to be considered as an obstacle to the Administration of Justice, Read Judgment

Jharkhand High Court

HC reiterates: Appeal memo missing Condonation of Delay application cannot be cured by subsequent filing, Read Judgment

Dying Declaration, pic by: youtube.com

HC Opines: ‘Scrutiny of dying declaration is part of the appreciation of evidence, there cannot be any straight jacket formula to accept or reject it’, Read Judgment

Tripura High Court

HC Opines: ‘To attract the extraordinary Jurisdiction of the Court u/A. 226 of the Constitution of India, the petitioner is to make out a clear case before the court’, Read Judgment

Passport of India

HC Opines: ‘Without unfounded apprehension, the court can’t direct to deposit passport as it will violate Article 19 as well as Article 21 of the Constitution of India’, Read Judgment

Jharkhand High Court

HC: Benefit of doubt must be given to the accused in the case of any uncertainty created in the mind of the court regarding the case of the prosecution, Read Judgment

arrest warrant

HC: Unless an Accused is likely to tamper or destroy the evidence or is likely to evade the process of law, issuance of non-bailable warrants should be avoided, Read Judgment

HC Expounds: Bail granted to the accused can’t be canceled solely on the ground that the terms of the compromise have not complied, Read Judgment

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HC: Writ Petition involving a determination of question of fact cannot appropriately be decided in Writ Jurisdiction u/A. 226 of the Constitution of India, Read Judgment

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HC: The scope of the Habeas Corpus petition related to custody matters is to look at the interests of the children and not the interests of either of the parents, Read Judgment

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HC: When the petitioner is in settled possession and enjoyment of the property, he or she cannot be dispossessed without following due procedure under law, Read Judgment

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HC Opines: ‘In cases where the victim girl is around 18 years of age and if the relationship is consensual, a liberal view of the matter is to be taken’, Read Judgment

Fake Marriage Promise and Sexual Relation

HC Opines: ‘In cases of sexual offences, it is highly improbable that there will be independent witnesses available to support the prosecution case’, Read Judgment

Tripura High Court

HC Opines: ‘Claim for a compassionate appointment can be raised only in consonance with such a scheme existing under the organization’, Read Judgment

Tripura High Court

HC Opines: ‘Claim for a compassionate appointment can be raised only in consonance with such a scheme existing under the organization’, Read Judgment

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HC Opines: ‘In a dispute of localization of property, it is always advisable to appoint a Commissioner to resolve the dispute’, Read Judgment

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HC: Inherent power u/S. 482 Cr.P.C. is discretionary, sparingly, and cautiously to prevent misuse, Read Judgment

HC Opines: ‘Signatures on the disputed document and the defendant's admitted signatures are always subject to comparison by the court’, Read Judgment

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HC Opines: ‘Settlement of cases through the Lok- Adalat system is a beneficial legislation and such legislations need to be read expansively’, Read Judgment

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HC Opines: ‘If there are two widows the nominee must share the pension equally to the other widow’, Read Judgment

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HC Opines: ‘The court can reject the testimony only when it is tainted to the core, that is, where falsehood and truth are inextricably intertwined’, Read Judgment

Jharkhand High Court

HC: ‘To prove culpable homicide, the prosecution must establish that the accused persons had the requisite intention or knowledge to cause death’, Read Judgment

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HC: As per exception 4 to S. 300 of the IPC, culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel, Read Judgment

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HC Enunciates: Writ Court sitting under Article 226 of the Constitution of India cannot assess the quantum of damage or compensation, Read Judgment

Jharkhand High Court

HC Opines: ‘In sexual assault case, the testimony of the prosecutrix being found reliable and trustworthy, is sufficient to return the judgment of conviction’, Read Judgment

Breach of Contract

HC Opines: ‘Every Breach of Contract would not give rise to an offence of cheating’, Read Judgment

Tripura High Court

HC Expounds State cannot be forced to abide by the UGC regulations, Read Judgment

Andhra Pradesh High Court

HC Reiterates: Confession made before a police officer in the police station would be inadmissible in evidence, Read Judgment

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HC: When two or more proceedings are pending in different Courts between the same parties, they should be tried together by the same Judge, Read Judgment

Jharkhand High Court

HC: Once the complaint is treated under Section 200 of Cr.P.C. it is required to examine the things in the light of Chapter XV and 202 of Cr.P.C, Read Judgment

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HC Expounds Promotion is not a Right granted to an employee, an employee has the Right to be considered for promotion, Read Judgment

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HC Expounds: If the amount is admitted then direction can be passed by the Writ Court to pay the admitted amount, Read Judgment

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HC: To prove the offence u/S. 411 of IPC, it is mandatory for the prosecution to establish that retaining goods with the knowledge that it is a stolen property, Read Judgment

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HC: Payment of compensation in the provisions of the SC/ ST Act, 1989 can be only made to persons whose names are mentioned in the complaint, Read Judgment

Tripura High Court

HC Opines: ‘Even though a Petitioner continued on ad -hoc basis for a number of years that could not confer him the status of a regular employee’, Read Judgment

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HC opines: Claimant is entitled to compensation even if the driver was not having a driving license at the time of the accident, Read Judgment

HC opines: Intention or knowledge are the basic ingredients of Section 307 IPC, there is no straightjacket formula, Read Judgment

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HC Opines: ‘Mere proof of accident is not sufficient and the management must prove the rash and negligent act on behalf of workman’, Read Judgment

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HC Opines: ‘Conviction can be based on dying declarations that are consistent and inspire confidence’, Read Judgment

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HC Opines: ‘Unlawful demand of dowry soon before death is sine-qua-non for the offence under Section 304-B IPC’, Read Judgment

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HC Expounds: In a suit for declaration of title, the burden always lies on the plaintiff to make out a clear case for granting a declaration, Read Judgment

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HC: Making a mere allegation in a complaint without showing any basis does not warrant initiation of prosecution, Read Judgment

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HC opines: After completing the probation period, the confirmation would date back to the initial date of appointment, Read Judgment

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HC opines: Once the promissory note is proved to have been executed, then the presumption under Section 118A of the NI Act is made, Read Judgment

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HC reiterates: Authority cannot alter the tender conditions in the middle of the tender process, Read Judgment

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HC Opines: Anticipatory bail application can be considered if no prima facie offence under SC/ST Act is made out, Read Judgment

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HC Expounds: Continued preventive custody cannot be based on an unsubstantiated suspicion that he might tamper with the evidence, Read Judgment

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HC Opines: Second criminal revision filed in the garb of invoking section 482 of the CrPC, the same can’t be entertained, Read Judgment

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HC Opines: If the apparent error is not there or even a mistake of law is not there than the order can’t be recalled, Read Judgment

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HC opines: Denying employment on the basis of gender is against the mandate of the Constitution of India, Read Judgment

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Mere presence of antecedents would not lead to a presumption about the active involvement HC grants bail to the accused involved under UAPA

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HC Opines: Family members can’t be said to be interested witnesses just because they are close family relatives of the victim

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HC Opines: Entertaining writ petition against show cause notice dehors the limit of writ jurisdiction, Read Judgment

Jharkhand High Court

HC opines: In the case of a single eye witness, his statement should be weighed cautiously, Read Judgment

Punjab and Haryana High Court

Circumstances that exist for a woman who succeeded in divorce are no different from a woman who is awaiting a divorce, HC grants permission to a woman who is awaiting divorce to terminate her pregnancy, Read Judgment

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Once the basic ingredients of Section 304B of the IPC are established then, the burden will shift upon the accused under Section 113 of the IEA

Tripura High Court

HC Opines: In a suit for injunction the plaintiff also may claim relief for damages, Read Judgment

Punjab and Haryana High Court

There exists no provision either in the Cr.P.C. or in the special statute to grant any interim bail HC refused interim bail to an accused involved under UAPA, Read Judgment

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HC Opines: Termination order which is stigmatic and punitive cannot be passed without allowing an employee to defend the accusations, Read Judgment

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Merely because the petitioner is a lady does not mean she cannot travel HC refused to transfer the divorce petition at the instance of the wife, Read Judgment

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HC Opines: Mere desire of a child at a tender age is not the sole factor in making a decision in respect of the custody, Read Judgment

Tripura High Court

HC Opines: The scope of the amendment under Order 6 Rule VII CPC is very wide and can be allowed at any stage for determining the real matters in controversy between the rival parties, Read Judgment

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HC Opines: Unless there is something egregiously unusual in the testimony of a sexual assault victim it cannot be discarded, Read Judgment

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HC Opines: Circumstantial evidence in cases where offences are committed by professional criminals cannot be of lesser significance than any direct witness, Read Judgment

Jharkhand High Court

HC enunciates: An acquitted accused in a criminal case cannot claim compensation as a human rights remedy because detention before or during a trial does not violate their human rights, Read Judgment

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It is distressing to see the victim dealing with unwanted pregnancies alone HC grants permission to the victim of sexual assault to terminate 26 weeks of pregnancy, Read Judgment

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HC opines: Even an appeal under the SC/ST Act needs to be video recorded, Read Judgment

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HC Holds: The rising occurrence of unapproved construction projects has a detrimental impact on public infrastructure, Read Judgment

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HC Opines: In the presence of inconsistencies in the dying declaration, the medical fitness of a person making such declaration at the relevant time assumes importance, Read Judgment.

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HC confirmed the capital punishment awarded to the accused convicted for the offence of rape and murder, Read Judgment

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HC Opines: Merely because the customers found in the Bar and ‘encouraging’ the women artists to dance can’t be booked under Section 294 of the IPC, Read Judgment

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HC Opines: The principles of natural justice cannot be said to be a mere formality and if any adverse decision is being taken then the concerned authority should apprise the party, Read Judgment

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HC Opines: Section 142 of the NI Act does not contemplate a report to the police nor authorize the Court to take cognizance to direct the police to investigate the complaint, Read Judgment.

Tripura High Court

HC Opines: Writ Court can appreciate evidence if it appears that evidence considered by the disciplinary authority is contrary to the statements made by the witnesses and if it appears to be perverse to the Court, Read Judgment

Andhra Pradesh High Court

HC Opines: Conversation not made within the public view would not come within the purview of section 3 of SC/ST (POA) Act, Read Judgment

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HC Opines: Confession made by the accused persons before the Panchayat will come within the meaning of extra-judicial confession, Read Judgment

Jharkhand High Court

HC opines: Deposition of the injured witnesses deserves a higher degree of credence, as their presence at the place of occurrence is assured, Read Judgment

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HC Opines: Statutory authority cannot dispossess even a trespasser in settled occupation, without recourse to law, Read Judgment

Eye Witness

HC opines: The testimony of the witnesses cannot be discarded only for the reason that they happen to be related to the deceased, Read Judgment.

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HC expounds: Evidence of a child witness must be evaluated more carefully and with great circumspection, Read Judgment

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[S. 304-A IPC] HC Opines: Mere negligence would not constitute any offence unless such negligent act on the part of the accused is found to be proximate cause for death, Read Judgment

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HC Opines: Even if the criminal case is pending against the appellant, then also he can legally proceed to seek the renewal of the passport subject to an order to be passed by the Court in which the criminal case is pending, Read Judgment

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HC Opines: Merely putting the words and phrases “public interest”, “adequate safety of students at large”, and “ensuring fair examination” is not sufficient to shut down the entire internet services, Read Judgment

Tripura High Court

HC Opines: Compassionate appointment being an exception to Articles 14 and 16 of the Constitution of India, the consideration of any such claim can be made strictly by the scheme framed by the employer, Read Judgment

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HC Opines: Section 27 of the Arms Act is limited to only such cases where it violates Sections 5 and 7 of the Arms Act, 1959, Read Judgment

[Motor Vehicle Act] HC Opines: To assess the quantum of compensation, the Court must examine whether the permanent disability caused has any adverse effect on the earning capacity of the claimant, Read Judgment

Jharkhand High Court

[S. 60 IEA] HC Holds: A person who has seen or heard a fact can be said to be direct evidence, Read Judgment

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[Section 30(1)(a) of the Employee’s Compensation Act] HC Opines: Appeal will be maintainable from the judgment of the labour court instead of filing a writ petition, Read Judgment

Jharkhand High Court

HC Opines: Evidence of a child witness must be evaluated more carefully and with great circumspection, Read Judgment

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[Section 20 of the Hindu Adoptions and Maintenance Act] HC Opines: A Hindu is legally bound to maintain his children, whether legitimate or illegitimate, Read Judgment

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HC Opines: When the prosecution has failed to independently establish the appellant's guilt beyond all reasonable doubt, section 106 of the Evidence Act cannot be applied, Read Judgment

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HC Opines: It is not the number of witnesses but the quality of the evidence which is important, Read Judgment

Jharkhand High Court

HC Holds: If no objection about the appointment was raised during the service, then it is not open for the respondent to raise the issue of appointment after the retirement/death of the employee, Read Judgment

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HC reiterates: Section 14 of the Limitation Act applies to an Application submitted under Section 34 of the Arbitration Act, Read Judgment

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HC Opines: Where the trial is not concluded within 60 days, that does not give a right to default bail, Read Judgment

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HC opines: S. 106 of the Evidence Act cannot be invoked to make up for the inability of the prosecution to produce evidence pointing to the guilt of the accused, Read Judgment

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[O6 R17] HC Opines: The test of deciding the real controversy is applicable when the amendment is asked for before the commencement of the trial. After the commencement of the trial, the only test of due diligence is to be seen

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HC Opines: The power of superintendence conferred upon the High Court by Article 227, is not confined to administrative superintendence only but includes the power of judicial review, Read Judgment

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HC Opines: In a matter of departmental proceeding, the interference by a Writ Court under Article 226 of the Constitution is very limited, but even in that case, some sort of evidence is required to be proved against the delinquent, Read Judgment

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HC Opines: Actual use of criminal force is not a condition precedent to attract section 351 and consequently attract section 353 of IPC, Read Judgment

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HC Opines: Daughter has no right in the property of her deceased father, who died before 1956, Read Judgment

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HC, while granting bail to a prisoner, held that delivering a child in prison may have consequences on the mother as well as the child, Read Judgment

Bombay High Court

HC Opines: Both proceedings under SARFAESI and arbitration can proceed parallelly, Read Judgment

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HC holds: Judgment of conviction can be based solely on the testimony of the solitary witness if it holds confidence, Read Judgment

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HC Opines: “Quarrel” involves two parties and doesn’t fall within the ambit of cruelty, read judgment.

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HC holds: A suit under Section 92 of the code of civil procedure, 1908 instituted without the leave of the Court is a defect which cannot be cured by grant of leave at a subsequent stage, Read Judgment

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HC Opines: State Human Rights Commission does not have jurisdiction to deal with the custody of children, Read Judgment

Public Services

HC Opines: Assets and liability of a public servant will have to be necessarily disclosed and cannot be shielded from public scrutiny but there should be a reasonable restriction of the same, Read Judgment

Domestic Violence

HC holds: While issuing notice under Section 12 of the DV Act, the court must look into whether the person implicated even living or lived with the aggrieved person in a shared household, Read Judgment

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HC holds: Non-providing the advance copy of the application under Section 50 of the PMLA to the accused is not a violation of principles of natural justice, Read Judgment

Arbitration agreement

HC Opines: Merely because an arbitration clause exists in the agreement, it doesn’t oust the jurisdiction of the civil court, Read Judgment

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HC Holds: If the ingredient of food in sealed packet is found to be unsafe, then prima facie liability will be of its registered manufacturer or its distributor and not of the restaurant, Read Judgment

Installation of CCTV's in Courtroom

HC Holds: Installation and operation of CCTV cameras inside the residential portion of dwelling house without the consent of the co-trustee would amount to a violation of the right to privacy, Read Judgment

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HC Opines: An award cannot have any specific format as every judge writes his judgment in a particular style, Read Judgment

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Calcutta HC: Courts must duly consider defendant’s defense in leave to defend proceedings, Read Judgment

Appeal

HC Expounds: Expect a plea of maintainability, no new ground can be taken up by the appellant in an appeal, Read Judgment

Hindu Marriage

HC holds: A marriage under Hindu Law with Hindu customs and rites and ceremonies is not permissible between a Christian and a Hindu, Read Judgment

Fundamental Rights

The petitioner cannot be deprived of his right as enshrined under Article 21 of the Constitution on the basis of the alleged misdemeanors of his brother, Read Judgment

Arbitration

Mention of place of arbitration in an award is not a mandatory requirement under Section 31 unless specifically contested, Read Judgment

Summons

HC Holds: Magistrate can proceed without hearing the Informant if no ground exists to Summon Unchargesheeted Individual, Read Judgment

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HC Opines: Section 329 of the Cr.P.C would come into play only after the framing of the charges and not prior to that, Read Judgment.

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HC Opines: While passing an order under Section 148 NI Act, the court must consider the condition imposing a 20% deposit must not be unjust or deprive the right of appeal, Read Judgment

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HC Holds: Commissioner under Order 26 Rule 9 CPC should not be appointed if there is no matter in dispute between the parties that requires elucidation, Read Judgment

Limitation Act

HC opines: Referral court should restrain itself from referring ex facie time barred disputes to arbitration, Read Judgment

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HC opines: Plaintiff does not have any absolute choice and right to bypass mandatory provision of pre-litigation mediation, Read Judgment

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HC Holds: Period of limitation to challenge the award starts from the date of delivery of the signed copy of the award and not from the date of award, Read Judgment

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HC Opines: CDR details, without there being any voice recording relating to conversation between them, may not be sufficient to convict for the offence under Section 27-A of NDPS Act, Read Judgment

HC Holds: Agreement to file for mutual divorce doesn't affect separate living during agreement, Read Judgment

Domestic Violence Act,2005

HC Opines: Mother-in-law Can Seek Relief Under DV Act Against Daughter-in-law, Read Judgment

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HC Holds: The use of word ‘May’ in the arbitration clause denotes discretion and is typically non binding, Read Judgment

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HC Opines: Once investigation is complete and charge sheet filed, courts should not reopen investigation, Read Judgment

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HC grants police protection to the unmarried couple living together, Read Judgment

Corporate Insolvency, pic by: Centrik

HC Opines: Once the NCLT approves a Resolution Plan, all other creditor claims are barred from raising claims, Read Judgment

HC Opines: Prosecution must prove injuries to accused were in self-defence if sustained in same incident as complainant, Read Judgment

HC Opines: Findings cannot be based on conjecture; Evidence Act applies equally to civil and criminal cases, Read Judgment

Dowry Death case

HC Expounds: Dismissal of FIR quashing plea not a bar to seeking anticipatory bail, Read Judgment

Charges

HC Holds: Mini trial not permissible at charge framing stage to assess whether the case will end in conviction or acquittal, Read Judgment

HC Opines: consent of family or community or clan is not necessary, once two adult individuals agree to enter into wedlock, Read Judgment

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HC Holds: Registration of a gift deed is not necessary under Muslim law, Read Judgment

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HC Opines: Section 34 of the POCSO Act vests jurisdiction with the Special Court to determine age of both offender and victim, Read Judgment

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Acceptance of briefs from law firm in other cases not ground for disqualification of Arbitrator, Rules Calcutta HC, Read Judgment

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General exceptions can be considered at outset if facts are clear, holds J&K High Court, Read Judgment

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J&K High Court: Criminal proceedings cannot be misused to coerce settlement of civil disputes, Read Judgment

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Gauhati High Court: Right to Appoint Arbitrator not automatically forfeited after 30 days, valid if made before court is approached

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[S. 14 SARFAESI ACT] HC Opines: Any deviation or incomplete compliance cannot be retrospectively cured merely by asserting that there has been specific compliance, Read Judgment.

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Calcutta HC: Article 226 cannot be invoked to alter tender terms without proof of mala fides

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Jammu & Kashmir High Court: Interlocutory orders not subject to revisional jurisdiction under BNSS

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No appeal lies under Clause 12 against single judge’s appellate order, holds J&K High Court citing Section 100-A CPC

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Calcutta High Court: Prima facie proof of fraud or corruption must precede unconditional stay of Arbitral Award under Section 36(2)

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HC: Mere gravity of offence and severity of punishment is no ground for rejection of bail, Read Judgment

passport

Madras High Court: Wife does not require husband’s signature to apply for passport

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HC Reiterates: The house can’t be converted into a prayer hall without obtaining permission

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HC Opines: Defence of plea of alibi cannot form a ground for quashing of the charge sheet. Read Judgment

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Calcutta High Court: Perceptible nexus between Dowry Harassment and Death must exist to invoke Section 304B IPC

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Madras High Court: Maternity leave is a fundamental right under Article 21, must be counted in bond service period

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Mere pendency of Civil Suit cannot justify withholding gratuity: J&K High Court

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Calcutta High Court: Employer must shield employees from victimisation, reputation is a Fundamental Right

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J&K High Court: Magistrate can revoke DV Act proceedings if no grounds exist to proceed, Read Judgment

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“Maternity leave is a constitutional right, not a concession”: Madras High Court rules it must count towards bond service for Government Doctors, Read Judgment

‘Face of crime is changing with technology’: Allahabad HC rejects bail in viral obscene photo case

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J&K High Court: Withholding payment after work completion is constitutionally unfair, Read Judgment

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'Cases under Section 125 CrPC require speedy disposal as sufferer is usually a woman': Allahabad High Court

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HC holds: Burden of proving the customer's liability in case of unauthorized electronic banking, lies upon the bank

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No relief under DV Act for void marriages: Allahabad High Court rules relationship legally non-existent

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Madras High Court: Denial of temple entry to Scheduled Caste devotees violates their dignity and legal rights

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HC explains the procedure to be followed by the magistrate while passing an order under Section 145 CrPC

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Calcutta HC: No time limit prescribed for Courts to extend Arbitrator's mandate under section 29A(4), multiple extensions permissible if sufficient cause shown

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Whether a driver holding a license to drive a heavy goods vehicle eligible to drive a passenger vehicle? J&K HC Answers

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Madras High Court: No aided college can force students to join religious or communal events without government nod, Read Judgment

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State can’t claim adverse possession over citizens' property taken without due process: Allahabad High Court

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HC: No bar to approach the Magistrate with a criminal complaint instead of approaching the Police even in cases where cognizable offences, Read Judgment

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HC: Identity of a child, including her surname, is an integral part of her personal development and autonomy, Read Judgment

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HC Opines: The charge has to be framed if the Court is satisfied that prima facie case is made out against the accused

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Venue mentioned in Arbitration Clause deemed as seat in absence of contrary intention: Allahabad High Court

Kerala High Court

[S. 223(1) BNSS] HC Opines: Magistrate cannot take cognizance of the offence without giving the accused an opportunity to be heard

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Consent of pregnant minor is paramount: Allahabad HC allows termination of 31-week pregnancy citing reproductive autonomy under Article 21

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HC: Without witness verification of address, summons service not complete, Read Judgment

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[S.10 J&K Land Revenue Act] HC: Revenue authorities are empowered to withdraw, dispose, or refer the matter to any other revenue officer, Read Judgment

Gauhati High Court

HC Opines: Restoration of GST registration must be considered if the person complies with Rule 22(4) of the CGST Rules, 2017, Read Judgment

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'Welfare of a minor child is a matter of paramount importance': HC revisits Custody in Cross-Border matrimonial dispute

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HC clarifies: Separate Causes of Action arise from Dealership and Lease Agreements, not to be Clubbed in One Litigation

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HC clarifies: Lok Adalat settlement overrides Bar under Employee’s Compensation Act

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HC Clarifies: Mistaken Shooting of a man for wild fowl amounts to Negligence, not murder, Read Order

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HC Expounds: No power to condonate delay beyond 30 days under Payment of Wages Act, Read Judgment

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