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Schedule Caste- Students.jpg

Can SC/ST Act be invoked just because Complainant's Mother is SC? HC replies, Read Judgment

Defamation

HC Explains: Use of Sec.156(3) CrPC in Defamation coupled with other IPC Offences, Read Judgment

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HC Explains: Examination in Chief, Cross Examination and Re-Examination in Evidence, Read Order

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HC: State Land Acquisition Act is self-contained code, Court cannot exercise its jurisdiction beyond prescribed manner [Read Order]

Corporate Insolvency, pic by: Centrik

Can a Recovery Certificate Holder under IBC initiate CIRP as a Financial Creditor? YES says SC, Read Judgment

Law of Torts

Compensation in death cases under the Law of Torts in India

Rashtrapati Bhawan.jpg, pic by zn

Presidential Election in India: The Legal Backdrop

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SC Explains: Benchmark to decide a case based on ‘Circumstantial Evidence’ [Read Judgement]

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Top 20 Arbitration Judgments in India (January-June,2022), Read Now

Startup

A Legal Guide for Start-ups in India

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SC reiterates: Territorial Jurisdiction can only be challenged in a pending suit under Sec. 25 CPC [Read Order]

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Anatomizing judicial intervention under Section 34 of the Arbitration and Conciliation Act,1996

Medical Council of India

HC: NMC can provide regulations to control the charging of Capitation Fee and prevent profiteering by institutions [Read Judgment]

HC sets a ‘murder’ accused free on account of discrepancies in the evidence of prosecution eye-witnesses [Read Judgment]

Bank Fraud

HC expounds only Fraud and Irretrievable Injury are grounds for interfering with the Bank Guarantee [Read Judgement]

sexual harassment

HC: ‘Seduction’ to have intercourse with another person forms an ingredient of punishment u/S 366A IPC [Read Judgment]

Essential Commodities

HC expounds: Award of confiscation shall not prevent the infliction of any punishment as per Essential Commodities Act, 1955 [Read Judgment]

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HC reiterates once an arbitration clause is accepted, the seat specified therein would be binding on the parties [Read Judgment]

HC reiterates in the case of direct evidence, the motive is irrelevant [Read Judgment]

HC reiterates evidence on record at its face value must disclose the existence of all the ingredients constituting the alleged offence [Read Judgment]

Public-Prosecutors

HC reiterates Sec-106 of Evidence Act doesn’t relieve the prosecution of its burden to prove the accused’s guilt beyond reasonable doubt [Read Judgment]

Order

HC reiterates nature of the offence and conduct of the accused have to be assessed while quashing the proceedings under compromise [Read Judgment]

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SC Expounds: Entitlement to bid in licitation process is not a personal right under the Portuguese CPC, 1985 [Read Judgment]

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SC reiterates Future prospects and rise in income must be considered while applying the Multiplier Method [Read Judgment]

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SC: Appellant can be burdened with financial liability even though the concept of vicarious liability does not arise in criminal prosecution [Read Judgment]

All About Powers and Duties of shareholders under Companies Act By Jyotsana Uplavdiya

SC expounds Assessment of Price Sensitive Information considers whether it would place the existing shareholder at an advantageous position [Read Judgment]

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SC: S. 34 of the U.P. Trade Tax Act applies only during the transfer [Read Judgment]

Whether separate hearing should be provided on sentence for capital offences? SC refers issue to Larger Bench [Read Judgment]

Indian Judiciary

SC: Initiating Inquiry Proceedings against delinquent withouit providing them documents violation of Natural Justice [Read Judgment]

Lawyer, Civil Case, Court, Advocate,

SC: Adversarial litigation leaves no scope for reconciliation and sharing which is beneficial for a happy family [Read Judgment]

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SC: Speedy disposal of Writ petitions against promotional appointments is crucial for the administration of any service [Read Judgment]

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SC expounds view advancing the cause of Justice has to be preferred over the cause stemming from technicalities [Read Judgment]

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SC: Government Resolutions for society premiums apply only to the lands directly allotted to societies and not to a builder on lease [Read Judgment]

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SC reiterates an appointment on compassionate ground is a concession and not a right [Read Judgment]

HC reiterated the five principles to decide a case based on Circumstantial Evidence [Read Judgment]

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HC reiterates in a circumstantial evidence case, motive assumes greater importance than in a direct evidence case [Read Judgment]

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HC held that the acquittal of a co-accused does not render the trial against the other accused futile, unless strong material is presented [Read Judgment]

HC reiterates mere relationship of the witnesses can’t be the sole basis to discard the evidence if it’s otherwise found to be believable [Read Judgment]

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HC expounds unless the relevant recruitment rules so indicate, the State is under no legal duty to fill up any vacancies [Read Judgment]

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

HC held that Prosecution must prove that Victim Girl was Minor to convict the accused under Section 366-A of the IPC [Read Judgment]

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HC expounds that a right u/Art. 21 would stand offended only if the procedure under one has been detained is not reasonable, fair or just [Read Judgment]

order

HC issued 9 guidelines to conduct a local festival in Theni district to ensure law and order situation [Read Guidelines]

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HC reiterates that ordinarily additional evidence can’t be adduced in the challenge to the award mounted u/S 34 unless absolutely necessary [Read Judgment]

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HC reiterates FIR is not an encyclopedia but it is information given at the first instance; can’t be the sole basis to discard testimonies [Read Judgment]

HC reiterates Test Identification Parade must be conducted by the Prosecution to establish the Identity of the Accused [Read Judgment]

Order-Order-gavel

HC: Jurisdiction in a Departmental Proceeding having no Evident Procedural irregularity is limited [Read Judgment]

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HC: Orissa Govt. Task Force’s guidelines w.r.t. 3rd party transfer before execution of Lease Deed shall be only in reference to discretionary & multiple allotments [Read Judgment]

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HC: Authorities need to create posts and employees can’t be blamed for the non-creation of the post after extracting work beyond two decades [Read Judgment]

Insurance Fraud

[S. 45 of the Insurance Act] HC: No Life insurance policy can be questioned on grounds of Fraud 3 years after the policy is taken [Read Judgment]

Labour Court, PIC BY: The Citizen

HC reiterates: Before computing monetary benefit, Labour Court has to decide whether workman has right to receive that benefit or not [Read Judgment]

Illegal Detention in Indian Jails, pic by: Live Law

HC reiterates: In-Ordinate delay by Government in considering representation of detenu renders detention illegal [Read Judgment]

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HC expounds: Remand Order must be properly translated in the vernacular language of the Detenu [Read Judgment]

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HC Reiterates: Unless Disciplinary Authority finds unauthorized absence as willful, imposition of punishment/removal from service is unduly harsh [Read Judgment]

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HC Reiterates: Amendments in Finance Act 2021 do not affect the notices issued prior to April 1st, 2021 [Read Judgment]

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HC: Income/ Wealth doesn’t override Central Govt.’s Office Memorandum to reject petitioner’s claim for OBC Certificate [Read Judgment]

Evidence for Conviction requires stricter scrutiny: HC sets murder accused free [Read Judgment]

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HC Reiterates: To decide on necessity of sanction, reasonable nexus of act with official duty has to be tested [Read Judgment]

CrPC- Criminal Procedure Code- Code of Criminal Procedure

HC Reiterates: Order u/S. 256 CrPC is appealable in nature; revision against it can’t lie [Read Judgment]

Indian Judiciary

HC Expounds: When any Authority commits an error of law in finding of facts, Judicial Review is required [Read Judgment]

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HC: If averments in affidavit are untrue, lack bona fides; Rule of Liberal Approach can't be applied [Read Judgement]

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HC: Unregistered Lease Deed disputes can go to Arbitration as Special Act concerning Tenancy Rights mandates Registration of Deed [Read Judgement]

Disabled Persons

HC enhances compensation for disability; reiterates Ruling determining it to be Rs.3000/- per percentage [Read Judgment]

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HC: Gravity of Offence and previous antecedents of petitioners must be considered while granting bail under SC/ST (POA) Act [Read Judgment]

HC reiterates 10 Procedural Guidelines for an enquiry conducted by the Executive-Magistrate [Read Judgment]

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HC Directs: Investigating Officer under SC/ST Act must be appointed after considering his past experience and sense of ability [Read Judgment]

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HC Reiterates: If Agreement contained an Arbitration Clause and Notice was presented, constitution of Arbitral Tribunal can't be unilateral [Read Judgment]

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

HC Expounds: Its on Plaintiff to prove his case to the hilt, shouldn't pick holes in defendants' version of facts [Read Judgment]

Insurance policy

HC Expounds: It is for the Claimant to prove that Insurance Policy was valid at time of Accident [Read Judgment]

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HC Expounds: Hearing Respondent could be dispensed when subject matter is between Petitioner and Court [Read Judgment]

Passport India

HC Expounds: No Court can impound One’s Passport; only Passport Authorities has discretion [Read Judgment]

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HC Expounds: Certain Priority can be given to physically disabled Advocate in issuance of Commissions [Read Judgment]

Lawyer, Civil Case, Court, Advocate,

HC grants Police Protection to Advocate who raised his voice against an unlawful encroachment [Read Judgment]

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HC Expounds: Site setback, ventilation and space for parking two wheelers mandatory for approval of Commercial Building [Read Judgment]

Helping the Child

HC Expounds: If Child was Minor at the time of filing of case, he/she would be entitled to Maintenance amount from that date onwards [Read Judgment]

order

HC Reiterates: Enquiry must be undertaken under Sec-122(1)(b) CrPC in plea on account of procedural defect [Read Judgment]

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HC Reiterates: Mere direction issued to consider Bail Petition on same day doesn't amount to consider it favorably [Read Judgment]

HC Opines: Specific Facts have to be pleaded to demonstrate their members as a class to prove elements of discrimination [Read Judgment]

Defamation

HC rejects Plea of KRK to quash Criminal Complaint registered u/S. 500 of IPC [Read Judgment]

Bombay High Court

HC relying upon a Foreign Decree directs Registrar to cancel the Goan Couple’s Marriage [Read Judgment]

Madras High Court

HC reiterates Any inordinate delay by the Government in considering the representation renders the very detention illegal [Read Judgment]

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HC Quashes the FIR against the Applicant for posting Condom Ad featuring a Couple playing Garba [Read Judgment]

Madras High Court

[Position is an honour, not a post] HC rejects Plea for Women Reservation in the designation of Senior Advocate [Read Judgment]

HC: Delayed recording of eyewitness’s statement will not lead to dismissal of his version; Standard of proof for MV Act is Preponderance of Probabilities [Read Judgment]

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HC: Non-examination of the injured victim by the prosecution leads to deprivation of the Accused’s Right to Cross-Examine – fatal to the prosecution [Read Judgment]

Madras High Court

HC affirms the State decision to raise the Property Tax in the Municipal Areas of Chennai and Coimbatore with no retrospective application [Read Judgment]

Order

HC transformed the Executive Officer’s ‘power’ into ‘duty’ to safeguard the temple’s interests against illegal encroachments. [Read Judgment]

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HC expounds Owner of a Vehicle used in the illegal transportation of Animals is liable to pay the maintenance cost for the health and care of animals [Read Judgment]

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HC provides round-the-clock Police Protection to the victim, who questioned the Investigation Officer for dropping the rape charges in the final report [Read Judgment]

Order-Order-gavel

HC Quashes the rape charges in the pretext of long-standing association between the accused and informant [Read Judgment]

HC reiterates Unequivocal admission of liability by an insurer is sin qua non for invoking the arbitration clause [Read Judgment]

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HC restrains Mumbai Khadi and Village Industries from using the mark ‘Khadi’ for selling its products [Read Judgment]

Minor Sexual Assault

HC Opines: In POCSO Cases, description of incident assumes significance as a child can’t be expected to know what sexual assault is [Read Judgment]:

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HC opines: Article 21 is sacrosanct and so high in the scale of the Constitutional values; cannot be vitiated without the procedure established by law [Read Judgment]

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[Principles of Natural Justice] HC expounds: Furnishing an Enquiry Report and Show-cause Notice before an order is mandatory [Read Judgment]

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HC Opines: Correctness of Revenue Records during UDR proceedings determines Property Ownership instead of Sale Deal [Read Order]

HC: Causing injury to Police Constables and snatching away their rifle amounts to challenging Rule of Law [Read Judgment]

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HC Expounds: Provisions of Temporary Exemption from Service Tax on ‘work contract’ doesn't include Promissory Estoppel [Read Judgment]

Liquor Shop

HC addresses issue of underage drinking, directs State to sell Indian made Foreign Alcohol to licensed Customers only [Read Judgment]

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HC Expounds: For a common layperson, furnishing a Government Security to get Bail is not always possible [Read Judgment]

HC allows the historical event of the ‘cock-fight’ subject to T&C considering the safety of birds, communal peace and control on gambling [Read Judgment]

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HC Reiterates: Executing Court must dispose of Execution Proceedings within six months unless reasons are recorded in writing [Read Judgment]

HC Expounded: Cultural Performances must be regulated so that they don't end up denigrating social status of any historical community [Read Judgment]

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HC expounded: Violation of Principles of Natural Justice sufficient ground for the maintainability of the Writ Petition [Read Judgment]

HC expounded: Jail authorities are obligated to ensure that Kiosks shall be accessible to every Prisoner in their language [Read Judgment]

HC Expounds: Maternity Benefit relates to dignity of a woman and cannot be denied solely on basis of Technicalities [Read Judgment]

HC: District Collector bound to initiate Disciplinary Action if Parent/Natural Guardian isn't paying Interim Maintenance to their child [Read Judgment]

HC reduces Life Sentence of mother due to lack of intent to murder her minor daughter while setting her on fire [Read Judgment]

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HC directs State to ensure post-operative care and to bear expenditure of the termination of pregnancy of a minor girl who was raped [Read Judgment]

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HC Expounds: Disparaging remarks against Police Officials without opportunity of reasonable hearing ought to be expunged [Read Judgment]

[S.122 (1)(b) Cr.P.C ]-HC Reiterates: 10-Pointer Procedure to be followed by Executive Magistrate while enquiring [Read 10-Pointers]

State’s duty to ensure proper disposal of Hazardous waste: HC directs Govt to pay Compensation to affected children [Read Judgment]

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HC Expounds: Mere Expiry of e-way bill doesn't result in Tax-Evasion; imposes a trivial penalty of ₹5k [Read Judgment]

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HC Reiterates: Territorial Jurisdiction based on Postal Pin Codes isn't in consonance with the Statute [Read Judgment]

Previous disputes between parties might give rise to false implications in a case; HC allows bail considering past record [Read Judgment]

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Consider Bail Application preferably on same day due to bar u/S 18 and misuse of SC/ST (POA) Act, says HC [Read Judgment]

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[S. 468 Cr.P.C] HC: Limitation Period starts on the date of filing of the complaint; not when the Magistrate takes cognizance [Read Judgment]

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HC: Commercial Courts Act has to be followed as a pre-suit legal drill and not as a post-suit exercise [Read Judgment]

order

Amount submitted for Interim Custody of vehicle to be spent on enhancing infrastructure of District Courts, directs High Court [Read Judgment]

Minor Sexual Assault

HC: ‘Date of Birth’ in School Register not conclusive proof of victim’s age at time of incident [Read Judgment]

UGC

HC permits UGC to impose territorial restrictions on Distance Education Programme [Read Judgment]

HC Expounds: Permanent ban on Tobacco products is illegal as imposed by the Food Safety Commissioner [Read Judgment]

Religion

HC Opines: Not possible to completely ban conduct of Religious Meetings [Read Judgment]

GST

Whether HC can exercise its powers u/A. 226 to condone delay beyond time limit u/s 107 of GST Act? Division Bench to decide [Read Judgment]

Madhya Pradesh High Court

[S. 34 of IPC] HC: Existence of a Pre-arranged plan must be proved either from the conduct of the Accused or from circumstances or from any Incriminating Fact [Read Judgment]

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HC Expounds: Maintenance to the Wife can be attached to the Pensions account of the Husband and it is not a Debt [Read Judgment]

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

HC Expounds: Seizure, Storage, and Disposal are three considerations taken into account in all proceedings involving NDPS [Read Judgment]

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HC Expounds: The Shariat Council is not a Court or an Arbitrator under law having the power to issue the ‘Khula’ Certificate [Read Judgment]

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HC draws difference between wish/desire of a child and best interest of child [Read Judgment]

Liquor.jpg, pic by BeverageDaily

Happend By Mistake: HC releases man who misbehaved with a women in drunken state [Read Judgment]

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HC Reiterates: Any widow earning below Rs.8,700/- per month must be considered as a ‘destitute widow’ [Read Judgment]

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HC: Arbitrator’s mandate must be terminated if such Arbitrator fails to Act without undue delay [Read Judgment]

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[O. XXIII R. 1(3) CPC 9] HC reiterates: Withdrawal granted by the Court has to be coupled with Liberty to institute a fresh suit; withdrawal alone cannot be granted [Read Judgment]

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HC Expounds: Court Fee has to be paid on plaint ‘as framed’ and not on the plaint as it ought to have been framed [Read Judgment]

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HC Reiterates: Recounting of Votes can be ordered only when a ‘prima facie’ case of irregularity or illegality is made out [Read Judgment]

GST

HC dismisses a petition challenging proceedings of the GST Department which claimed service tax for their music [Read Judgment]

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HC Expounds: Setting-Off COVID-19 services against compulsory Bond Service Period is a way to appreciate Doctors and can be done [Read Judgment]

HC refuses to interfere with Government Order allowing premature release of 13 life-sentenced convicts [Read Judgment]

HC allows ‘Rekla’ bull race and horse race with imposition of necessary conditions for public safety [Read Judgment]

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HC Expounds: If effective remedy is provided under special legislation/rules, Section-9 CPC would not apply [Read Judgment]

HC: When dealing with beneficial legislation, strategy should be to empower targeted categories [Read Judgment]

Appeal

HC Reiterates: High Courts can’t entertain revision petitions u/Art. 227 when specific remedy of Appeal is provided under CPC itself [Read Judgment]

Lawyer Dress Code

[BCI Rules] HC Expounds: Not mandatory to wear a gown before any court other than the Apex Court or the High Courts [Read Judgment]

Order-Order-gavel

HC: Accused not subject to Section-91 CrPC by virtue of being protected by Article 20(3) [Read Judgment]

HC Opines: Posting of Non-Service PG Doctors can be made to Additional or Upgraded Primary Health Centres’ [Read Judgment]

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HC Reiterates: Managing Committee of clubs have sufficient attitude to initiate Disciplinary Proceedings against members [Read Judgment]

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HC Opines: Unless decided otherwise in Sale Agreement, Tenant who is an Agreement Holder shall continue to pay Rent [Read Judgment]

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[S.154 of Cr.P.C] HC Expounds: Person aggrieved with refusal of SHO to register FIR required to move Separate Application [Read Judgment]

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HC Expounds: Enquiry is necessary procedural requirement for Proceedings in cases where bond executed is violated [Read Judgment]

Property-Laws

HC: Rule 55A, Tamil Nadu Registration Rules 'unlawful and unconstitutional' by virtue of being contradictory to scope of its Parent Act [Read Judgment]

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Victim wasn't coerced to record Video: HC grants Bail to applicant accused of committing Rape [Read Judgment]

HC Expounds: Not following mandatory Procedure and prescribed time period good case for court to quash FIR u/s 482 Cr.P.C [Read Judgment]

arrest warrant

HC Opines: Non-Bailable Warrant should be treated as last resort to seek Accused’s presence since it takes away Personal Liberty [Read Judgment]

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HC Opines: State must continue monitoring ticket collection & price and impose penalties on fate of excess charges [Read Judgment]

Taxes

HC Expounds: Both State and Central GST Authorities can't prosecute an individual at the same time [Read Judgment]

HC Expounds: Police cannot be accused of Human Rights violation at the drop of a hat [Read Judgment]

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HC Opines: Prayer for Interim relief mandates Pre-Institution Mediation contemplated u/S. 12 of Commercial Courts Act [Read Judgment]

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HC: Duty of Arbitrators to ensure that principle of audi alteram partem is followed, cannot give decision solely on skills and expertise [Read Judgment]

order

HC: If statutory Alternative Remedy by way of an Appeal is available, Civil Revision Petition u/A. 227 of the Constitution isn’t maintainable [Read Judgment]

HC Reiterates: Reasons of ‘Prima Facie Satisfaction’ necessary for an FIR, but their absence cannot be a ground to set-aside order [Read Judgment]

A government officer was caught red-handed while taking bribe

HC awards RI to Court Official found guilty of taking Bribes, imposes fine [Read Judgement]

Forest Land.jpeg

HC: On payment of Compoundable Amount, accused should be discharged and seized property shall be released without any further action [Read Judgment]

HC condemns a School for rejecting admission of a student with special needs on account of lack of special instructors [Read Judgment]

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