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O P Jindal Global University

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Prerna Pahwa

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]

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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]

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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]

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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]

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]

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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

Calcutta High Court.jpg

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

Parents-Old-Senior 1.PNG

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

Calcutta High Court.jpg

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

SC.Supreme Court.jpg

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

witness box.jpg

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

Arbitral Tribunal.jpg

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

Supreme Court.PNG

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)

Supreme Court.PNG

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

CISF Officers.jpg

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

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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

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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]

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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]

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

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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

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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

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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

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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

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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

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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

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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.

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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

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

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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.

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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

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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

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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

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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 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

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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

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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

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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

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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

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

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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

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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

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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

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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?

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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

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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

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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

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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

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

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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

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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.

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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

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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

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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: 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

Tender-offer.jpg, pic by: WallStreetMojo

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

Employment Law.PNG

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

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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

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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

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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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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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