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DNA Test.jpg

HC Opines: DNA Tests cannot be directed as matter of course as it infringes upon the rights enshrined under Article 21 [Read Judgment]

Punjab and Haryana High Court

[Swapping of Organs] HC allows Kidney transplantation between unrelated parties to avoid Loss of life due to technicalities [Read Judgment]

Proceedings- Trials- Dispute- Lawyer.jpg

HC imposes cost of ₹25000 on Appellant for concealing material fact while filing the case [Read Judgment]

HC issues Notice to Tabloid for disclosing identity of minor involved in a Criminal Case [Read Judgment]

PMLA- Money Laundering.jpg

HC Enunciates: Presence of two essential requirements to prevent Court from interfering in ED’s Investigation [Read Judgment]

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

HC Expounds: Owner of a seized Vehicle can file an Application for release at any stage, Section 63(2) of NDPS Act doesn't bar Owner [Read Judgment]

Stamp Duty.jpeg

HC Opines: To compute a period of limitation, no difference has to be made between applicants before Quasi-Judicial Authorities [Read Judgment]

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

HC devises an exception for allowing continuance of Compassionate Appointment of deceased's brother [Read Judgment]

Car Accident.jpg, pic by ht

HC expounds S. 297, 337 and 429 of IPC are not meant to punish for the Accidental death of the dog [Read Judgment]

Documents at Trial Stage in Court.jpg

HC expounds Imposing a penalty for expiry of the permit unlawful when it was not possible to renew the permit [Read Judgment]

HC expounds Indication of Intoxication in MLC report and not in Postmortem Report sufficient if a reasonable time gap exists between their preparations [Read Judgment]

Competition Commission of India.PNG

CCI: For holding refusal to deal as anti-competitive, the likelihood of AAEC in the market should be manifested [Read Judgement]

Trademark Disputes.png

HC Expounds: Trade Mark Registrar is required to pass reasoned order in dealing with applications for Trademark [Read Judgment]

Spying, pic by: gephardtdaily.com

[The Official Secrets Act, 1923]- HC Opines: Taking photos/videos of a complaint in police station wouldn't constitute offence of 'spying' [Read Judgment]

Income Tax Act,1961

[IT Act, 1961] HC: Order of Re-assessment must clearly mention what material fact or facts were not disclosed by the Assessee [Read Judgment]

DNA test

HC Expounds: No adverse inference can be made against wife for her refusal to go for a DNA test during cross-examination [Read Judgment]

Documents at Trial Stage in Court.jpg

[Order IX, Rule 7 of CPC] HC: Pendency of case for a long time, alone, can't be a ground to reject an Application [Read Judgment]

Handcuff- Arrest- Bail.jpg

HC: Existence of some Doubt as to the case of Complainant is sufficient ground to grant Anticipatory Bail to Accused [Read Judgment]

Order-Order-gavel

HC: Lack of due diligence not a ground to reject plea for adding relief which was already inbuilt in Prayer Clause [Read Judgment]

Insurance Compensation - Motor Accident 1.jpg

HC: Appellant can't raise new grounds in appeal, which wasn’t raised in previous Trial [Read Judgment]

order

HC Expounds: An order passed unilaterally, without giving an opportunity to other party and ignoring Court’s directions is unlawful [Read Judgment]

Dowry Case.jpg

HC Expounds: Even Judicial dispensation can't restore Loss of Reputation due to false implication [Read Judgment]

Matrimonial Battle

HC Reiterates: Convenience of Women and Children has to be looked into while transferring a Matrimonial Case from one Court to another [Read Judgment]

HC Opines: MLA would not automatically get disqualified due to the caste certificate being proven invalid [Read Judgment]

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

HC Expounds: To Conduct a hearing for an Employee is not mandatory before making adverse entries in his service record [Read Judgment]

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

[Section 127 of the Cr.P.C.]-HC Opines: Recording change in circumstances is an essential condition for granting relief [Read Judgment]

Income Tax Returns

HC: Presence of some tangible material is essential to satisfy jurisdictional requirement for opening reassessment [Read Judgment]

HC Expounds: Scrutiny Committee cannot apply Affinity Test as Sole test to grant a valid Caste Certificate [Read Judgment]

Clerk- Employee.jpg

HC quashes entire Recruitment process due to ‘gross irregularities’ committed in the process [Read Judgment]

Passport India

HC Expounds: Right to apply for Passport renewal cannot be denied on the ground of a pending Criminal Case [Read Judgment]

Domestic Violence

HC Expounds: Distant Relatives are not excluded from the definition of ‘relative’ u/S. 498A of IPC [Read Judgment]

Income Tax Returns

HC Reiterates: Production of Certificate is mandatory to claim deduction of income under Sec-80IA(4) of Income Tax Act, 1961 [Read Judgment]

HC Expounds: Issue of limitation in Substantive Claim has to be decided in main Arbitration Proceedings by the Tribunal and not by the Court [Read Judgment]

A government officer was caught red-handed while taking bribe

HC Expounds: Charge in a Domestic Enquiry is to be proved on touchstone of Preponderance of Probability [Read Judgment]

[Income Tax Act, 1961] HC Expounds: Limitation Period prescribed under CBDT Circular can't override power of authorities vested u/S. 279(2) [Read Judgment]

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

HC Opines: Engagement accepted being fully aware of conditions of the scheme; one cannot turn around to seek regularization of their Services [Read Judgment]

Cheque Cases

HC Expounds: Unilaterally putting dates on a cheque without authority of the drawer amounts to material alterations to cheque and renders it void [Read Judgment]

HC Expounds: If conditions in MTP Act are met, Medical Board can’t deny termination of Pregnancy only on ground of delay [Read Judgment]

Husband and Wife- Marriage.jpg

HC Opines: Once Decree for Divorce is passed, wife can’t be forced to live together with husband if she is not interested [Read Judgment]

Patent Design.jpg

HC: Exchange of ‘computer-generated image’ doesn't amount to prior publication for invoking S. 4(b) of Designs Act [Read Judgment]

Tripura High Court

HC Expounds: Amputation of body part getting used for the person’s occupation will amount to ‘100% permanent functional disability’ [Read Judgment]

Bombay High Court.jpg

HC Expounds: ‘Fit and Proper person’ status does not get robbed by mere pendency of a criminal proceeding [Read Judgment]

Tax Notice- Income Tax.jpg

HC Expounds: Re-Assessment Notice issued after 4 years has to seek approval from PCIT instead of Additional Commissioner of Income Tax [Read Judgment]

HC widens scope of the term ‘any event’ mentioned under Rule 9 of CCS (Pension) Rules [Read Judgment]

Trademark Disputes.png

HC Opines: Merely different meaning in same language wouldn't amount to dissimilarity of marks in question [Read Judgment]

HC Reiterates: Arbitration process initiated in terms of S.18(1) of MSMED Act will override Arbitration Clause of Contract [Read Judgment]

Liquor Shop

HC: Longer ban of liquor sales due to elections violates right to livelihood of merchants [Read Judgment]

Arbitration Award.jpg

HC Expounds: Once the party fails to take recourse to S. 26 of the A&C Act, Award cannot be challenged by questioning the veracity of reports [Read Judgment]

HC: Ocular Evidence would prevail over Dying Declaration if the deceased was adversely motivated by pre-incident events [Read Judgment]

Hong Kong Arbitration, pic by: South China Morning Post

HC: A clause of an invoice can be construed as an Arbitration clause [Read Judgment]

Internet Service Provider.jpg

HC Expounds: No Omnibus or Global Injunction can be granted to stop registration of particular Domain Name [Read Judgment]

Pocso Case ( Pic by Google).jpg

[POCSO Act] HC: Delay in lodging the FIR is not a ground to doubt Prosecution’s case [Read Judgment]

Order-Order-gavel

HC Opines: In execution proceedings, prayers for partition and separate possession can’t be granted [Read Judgment]

witness box.jpg

HC Expounds: Failure to show reasons for omitting names of vital witnesses isn't a ground to deny their Examination [Read Judgment]

Dying Declaration, pic by: youtube.com

HC Expounds: Dying Declaration recorded in absence of a Magistrate sufficient if no doubt exists against veracity of statements [Read Judgment]

Domestic Violence.jpg

HC Expounds: High Court can quash a Domestic Violence case even after conviction [Read Judgment]

HC Expounds: Wife is entitled to claim maintenance under the DV Act even after accepting alimony under ‘customary divorce’ [Read Judgment]

delivery boy.jpg, pic by google

HC Expounds: Delivery partners are not a ‘dealer’, ‘importer’ or ‘commission agent’ under Municipal Corporation Act, 1888 [Read Judgment]

Auction Bid

HC Expounds: Pending proposal for blacklisting cannot be a ground to prevent a bidder from participating in the tender process [Read Judgment]

Election Commission

HC: Permission to organize a Body Building event cannot be revoked due to the Model Code of Conduct imposed by the Election Commission [Read Judgment]

HC upheld the State Government's decision of granting Financial Aid to only farmers for snake/scorpion bites [Read Judgment]

Witness Box.jpeg

HC Expounds: Statements of Confidential Witnesses have to be personally verified for passing the externment Order [Read Judgment]

Order-Order-gavel

HC Expounds: Informers have to be awarded as per Government Policy for enormous risk they take to give secret information [Read Judgment]

HC Expounds: Using some Physical Force to correct a child, without any other intention, is not an offence under IPC [Read Judgment]

Indian Penal Code- Criminal Prosecution- Crime.jpg

HC Expounds: Plea of Alibi cannot be discarded only due to the reason that it is raised soon after registering a crime [Read Judgment]

Brihanmumbai Municipal Corporation, pic by: Telegraph India

HC Expounds: New D.C. Rules will not apply to pending proposals [Read Judgment]

order

HC Reiterates: If an appeal on a particular issue is pending before the Appellate Court, a bar of res judicata will not apply [Read Judgment]

HC Expounds: Receipt of a fresh application for NCL Certificate could be same as the closing date of the registration process [Read Judgment]

Bombay High Court.jpg

HC Expounds: Duty of an Appellate Court is to ensure substantive compliances instead of appreciating the minor procedural lapses [Read Judgment]

Order-Order-gavel

HC: Number of children alive on the nomination date is a relevant factor in determining the disqualification of a candidate [Read Judgment]

Medicines

HC Reiterates: Contingencies on State power ingrained u/S. 7 of Pharmacy Act, 1948 [Read Judgment]

Speedy Trial.jpeg

HC Expounds: No absolute bar on extending time beyond ninety days for filing a written statement [Read Judgment]

Reservation-Quota 1.jpg

HC Reiterates: Carry forward rule cannot be applied to clear backlog vacancies of Reserved Category candidates beyond the next recruitment year [Read Judgment]

Hand Sanitizer and Mask.jpg

HC Expounds: Excise Duty cannot be levied on manufacturing of liquid Sanitizer using Alcohol [Read Judgment]

Bombay High Court.jpg

HC Expounds: Dispute of Cooperative Society’s membership can be challenged only before Cooperative Court [Read Judgment]

HC: Court can only intervene if punishment is outrageously disproportionate in comparison to gravity of misconduct [Read Judgment]

Share Market.jpg

HC Expounds: Option in SPA to repurchase shares due to Contingency is not Prohibited in Law [Read Judgment]

Settlement- Agreement- Lawyer-Client- Suit.jpg

HC Expounds: Conversion of Summary suit to Commercial Suit does not prohibit Application for Summary Judgment [Read Judgment]

HC Reiterates: No TDS deduction permissible on interest component of claimed amount [Read Judgment]

HC: Merely carrying a weapon or flourishing a weapon at a person would not be a Menace to Public Order [Read Judgment]

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

HC Expounds: Graduated person with a private job has no Right to Claim the benefits on Superannuation Grounds [Read Judgment]

Husband- Wife (Marriage).jpg

HC Expounds: Middle-man cannot be held liable for mistreatment of Bride by Groom [Read Judgment]

Father and child.jpg

HC Expounds: If Biological Mother of Children is alive, they cannot be termed as 'orphaned; under Juvenile Justice Act [Read Judgment]

Arbitration agreement work.jpg

HC Expounds: Agreement permitting construction as a licensee does not transmit possession [Read Judgment]

HC Expounds: No re-assessment proceedings allowed merely due to change in opinion u/S. 147 and 148 of IT Act [Read Judgment]

PAN Card Details

HC Expounds: PAN remaining active not a ground to pass an Assessment order in name of a non-existent company [Read Judgment]

HC: No clash of interest if Arbitrator represented the Advocate of Opposite Party in a different matter [Read Judgment]

HC Expounds: Mere willingness of Husband to live with Wife not a ground to deny her Maintenance [Read Judgment]

child rape (Pic By Bhaskar).png

HC Remarks: Highly objectionable to Principle of Human Rights that a 1-year-old daughter is treated as commodity by her natural mother [Read Judgment]

Legal Documents

HC: Date of acceptance of Research Paper for Publication indicates its worth [Read Judgment]

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

HC Expounds: Employee Voluntarily retired with Retiral Benefits cannot be reinstated by Management [Read Judgment]

Corporate Veil- Court- Trial- Judge.jpg

HC Expounds: Prior hearing must be provided in a decision of non-renewal carrying civil consequences [Read Judgment]

HC Opines: 'S. 145 of the Electricity Act bars the jurisdiction of the Civil Court from granting any Injunction' [Read Judgment]

POCSO Court- Child-Minor.png

HC Reiterates: Minor Victim’s testimony alone is sufficient for conviction in Sexual Assault Case [Read Judgment]

HC Expounds: Power to appoint Medical Inspectors vests only with Central Council and not Central Government [Read Judgment]

Income Tax Returns

[S. 148- IT Act] HC: Notice issued against deceased would be invalid unless Legal Heirs submit to jurisdiction without any Objection [Read Judgment]

HC Expounds: Material constituting defence of the accused cannot be considered at the initial stage [Read Judgment]

Rape-Sexual Harrasement- Sexual Assault.jpg

HC directs Investigation Agencies to refrain from disclosing identities of Rape Victims even in Chargesheet [Read Judgment]

Handcuff- Arrest- Bail.jpg

HC Expounds: Discretion of Court in matters of bail cannot be taken away by any statute [Read Judgment]

Rent -Tenant-Property.jpg

HC Reiterates: S. 32 of Bombay Tenancy and Agricultural Lands Act, 1948 bars application filed beyond the period of two years [Read Judgment]

Income Tax App Tribunal.png

HC Expounds: Onus to prove that order was not received rests upon recipients [Read Judgment]

HC Enunciates: While adjudicating a Bail Plea, Court can’t delve into examining quality and quantity of Evidence [Read Judgment]

Forest Land.jpeg

HC Expounds: 'Lawful Cultivation’ essential to avail presumption under Maharashtra Tenancy and Agricultural Lands Act [Read Judgment]

Bombay High Court.jpg

HC: Assessing Officer can’t apply Rule 8D without considering the Assessee’s claim as to expenditure in relation to the exempt income [Read Judgment]

GST- Goods and Services Tax.jpg

HC: No benefit to dealer intentionally undervaluing goods to escape from the law [Read Judgment]

GST- Tax.jpg

HC Expounds: Provisions of GST can’t be interpreted in a manner that can deny the right to carry on trade and commerce of any citizen [Read Judgment]

Judiciary and Religion- Courts and Religious.jpeg

HC Enunciates: Vishva Hindu Parishad officers aren't competent person to lodge FIR for mass religious conversion cases [Read Judgment]

Medicines

HC Enunciates: Any discrepancy discovered in sales should be mentioned in detailed order, mere finding will not be suffice [Read Judgment]

Taxes

HC Enunciates: Taxing authorities cannot stop any Assessee from claiming his Statutory Right in garb of Technicality [Read Judgment]

HC: If parties arrive at the settlement, decision to declare them as 'Willful Defaulters' has to be reviewed [Read Judgment]

Documents at Trial Stage in Court.jpg

HC Opines: No Officer can be allowed impunity for remark made without any basis in Counter Affidavit [Read Judgment]

Writ of Mandamus.jpg

HC Expounds: Courts cannot remove constitutional authorities from their post by exercising writ jurisdiction [Read Judgment]

HC Expounds: Inordinate Delay in lodging FIR has to be considered at time of adjudicating Bail [Read Judgment]

Muslim Law.jpg

HC Expounds: Divorced Muslim Woman is entitled to maintenance until she remarries [Read Judgment]

Juvenile Crimes, pic by: Governance Now

[S. 8(2) of the JJ Act] HC Expounds: Child in conflict with law cannot file an anticipatory bail application under Cr.P.C. [Read Judgment]

HC Expounds: Mere different disclosure of Income by another Director cannot be a ground for reopening Assessment [Read Judgment]

HC Expounds: Woman can also be held Guilty of Gang Rape if she has facilitated the act of Rape with a group of persons [Read Judgment]

Maintenance- Divorce.jpg

HC Expounds: Object of granting Maintenance is not to punish the husband for his past neglect, but to prevent the wife from destitution [Read Judgment]

Money Laundering

HC Expounds: Not being named in an offence wouldn't render Prosecution for Money Laundering resulting from the Crime Illegal [Read Judgment]

Clerk- Employee.jpg

HC Expounds: Court cannot sit in appeal over the judgment of the employer regarding Qualifications for a Post [Read Judgment]

Diamond Mining.jpg

HC Expounds: Minerals moved from one place to another, would fall under offence of ‘theft’ [Read Judgment]

Kala Kendra.jpeg

HC Opines: License of Kala Kendra can't be canceled when offence didn't relate to its premises [Read Judgment]

Rent -Tenant-Property.jpg

HC Reiterates: Court has power to fix Interim Standard Rent only in a Rent Recovery Suit [Read Judgment]

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

HC Expounds: Even if Criminal Case is pending, Authorities cannot withhold promotion by adopting a sealed cover procedure [Read Judgment]

HC Reiterates: If Conviction is based solely on Circumstantial Evidence, Chain of Circumstances should be complete, cogent, and coherent [Read Judgment]

Lease Agreement.jpg

HC: Where grant of Lease is governed by Statutory Regulations; Authority can cancel it even if possession has been delivered [Read Judgment]

Spam email (Pic by Google).jpg

HC Enunciates: Secondary E-Mail Address has to be used when Authority is unable to effect service of any Communication on the Primary Address [Read Judgment]

Judiciary and Legislative.jpg

HC Expounds: Party whip has to be communicated prior to commencement of Election Process [Read Judgment]

HC Expounds: Sarpanch will not get disqualified due to mere non-performance of Statutory Duties [Read Judgment]

HC Expounds: Applicant cannot question result after participating in Selection Process [Read Judgment]

Judiciary and Legislative.jpg

HC Opines: Even in absence of regulatory body, Court cannot legitimize a function that falls within the domain of Legislative Power [Read Judgment]

Islamic Law- Muslim Law- Waqf.png

HC Expounds: Waqf Tribunal has no power to insist on depositing Cost for issuing Notice to Opposite Party [Read Judgment]

HC Enunciates: To determine Parole Eligibility, period of set off and remission is included for calculating period of incarceration [Read Judgment]

Specific Performance Suit, pic by: YouTube

HC: No Injunction can be issued against defendants unless they acted dishonestly to refuse Specific Performance of Contract [Read Judgment]

chargesheet (Pic by Google).jpg

[Quashing of Chargesheet] HC: Courts cannot examine any defence of Accused which has yet to be placed before Subordinate Court [Read Judgment]

caste validity certificates (Pic by Google).jpg

HC Expounds: Vigilance Cell Report isn't binding upon Caste Scrutiny Committee [Read Judgment]

Clerk- Employee.jpg

HC Expounds: Once a person get retires, authorities vests with no power to continue Departmental Proceedings [Read Judgment]

Banking Services.jpg

HC Reiterates: Absence of information from record of Bank wouldn't prove absence of knowledge to Officers [Read Judgment]

Land Acquisition- Real Estate.jpg

HC Expounds: Plea for Demolition is not maintainable if it fails to specify particular area of Encroachment [Read Judgment]

Arbitration Contract

HC Expounds: Mere captioning a particular Clause as ‘Arbitration’ doesn't conclusively imply mandatory nature of Arbitration [Read Judgment]

PMLA- Money Laundering.jpg

HC Expounds: Section 45 PMLA not applicable if ED fails to make an arrest under Section 19 PMLA [Read Judgment]

NCERT Books

HC: State not bound to provide free uniforms and textbooks to all students under RTE Act [Read Judgment]

Sexual Assault Victims Idenity (Pic by Google).jpg

HC Expounds: Rolling hands over girl’s back and uttering ‘she has grown up’ not amounts to 'outraging her modesty' [Read Judgment]

HC Opines: Evidence of Love Affair and no criminal history sufficient grounds in granting Bail [Read Judgment]

Student in Jail.png

HC Enunciates: Gross Delay in considering Representation affects Rights of Detenu under Article 22(5) of the Constitution [Read Judgment]

Lawyer, Civil Case, Court, Advocate,

HC Expounds: Dismissal of Bail Application for Non-Prosecution on account of Absence of Counsel is Impermissible [Read Judgment]

Property Dispute- Settlement.jpg

HC: Even when Property is purchased in joint name, burden rests upon person asserting that any item of Property was joint to establish fact [Read Judgment]

Fatal Accidents

[Motor Accident Claim Petition] HC Opines: Bursting of a tyre cannot be termed as an Act of God or Natural Act, it’s a Human Negligence [Read Judgment]

HC Expounds: A Licensee cannot claim an Arms License as a matter of Right [Read Judgment]

HC Expounds: Compromise Decree for Partition and Separate Possession isn't compulsorily Registerable Document [Read Judgment]

HC Expounds: Summoning of Accused must reflect Magistrate applied his mind to applicable law and facts [Read Judgment]

Cow Slaughtering

HC: Central Government should ban cow Slaughter and declare the cow as a protected National Animal [Read Judgment]

Juvenile in jails illegally

HC Expounds: Nature of offence not sufficient ground to decline bail of Juvenile under Section 12 of JJ Act, 2015 [Read Judgment]

uniform civil code.jpg

HC Expounds: Applications u/O. XXVI Rule 9 of Code of Civil Procedure can't be allowed merely to facilitate case of one or the other party [Read Judgment]

HC Reiterates: Filing of F.I.R. is not a condition precedent to exercise a power under Section 438(1) Cr. P.C. [Read Judgment]

Settlement- Agreement- Lawyer-Client- Suit.jpg

HC Expounds: Mis-description of Suit Property can be corrected by Court even post Decree [Read Judgment]

Allahabad high Court2.jpeg

HC Expounds: Removal of a child from the lawful custody of a mother by a father is not an offence of kidnapping from lawful guardianship, Read Judgment

Gujarat High Court

HC Expounds: Subsequent Acquittal from Criminal Prosecution is not a ground to claim back wages, Read Judgment

Tax

HC Enunciates: Hearing Opportunity has to be provided while doing Assessment under Income Tax Act, Read Judgment

Bombay High Court.jpg

HC: Re-Assessment cannot be opened merely due to the Assessing Officer coming to a different opinion on the question of valuation, Read Judgment

Order-Order-gavel

HC Expounds: In absence of valid notice, High Court cannot declare lands reserved for the public purpose free from reservation [Read Judgment]

Arbitration pic.jpg

HC: Civil Court u/S. 8 of the Arbitration & Conciliation Act is duty bound to relegate the parties to an Arbitrator if an Arbitration Clause exists in their contract, Read Judgment

HC Opines: ‘The fact that only a single blow was inflicted by itself would not mitigate an offence of Murder’, Read Judgment

order

HC Opines: ‘Competent Authority cannot tinker with an award once it has been passed’, Read Judgment

Bombay High Court

HC Expounds: Acquittal on account of Compromise does not entitle a person to 100% back wages [Read Judgment]

Bombay High Court

HC: Application under Order VII Rule 11 of CPC can be entertained only if the plaint prima facie discloses that suit is barred, Read Judgment]

Allahabad high Court2.jpeg

HC Reiterates: Appropriating land without payment of the compensation constitutes a violation of Article 300-A, Read Judgment

child rape (Pic By Bhaskar).png

HC Expounds: A 3.5 years old minor girl can’t be expected to give an exact description of her private parts and identify an accused from his photo, Read Judgment

DNA Test.jpg

HC: In the absence of supporting ocular evidence; a conviction cannot be based only on the DNA test report, Read Judgment

Allahabad high Court2.jpeg

HC Expounds: The Accused has a Right to file a Discharge Application before the Trial Court at the Initial Stage [Read Judgment]

Bombay High Court.jpg

HC: Remarriage is not a ground to deny compensation to the wife of the deceased claimant, Read Judgment

Charges

HC: Power to alter charge u/S. 216 CrPC exclusively confined to Court, no party can seek alteration by moving an Application, Read Judgment

SC on Auctions

HC Expounds: Handing over possession of Auction Property not an empty formality, due procedure to be allowed [Read Judgment]

Maternity-Benefit

HC Expounds: Woman entitled to take Maternity Benefits even after a Child is born, Read Judgment

Consensual relationships between teenagers

HC: In Mutual Relationship, one cannot be blamed for Rape when Relationship turns sour, Read Judgment

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

HC Opines: Part Payment implies an absence of basic ingredients of cheating, Read Judgment

HC Explains: What amounts to ‘material fact’ in a Contract of Insurance, Read Judgment

HC Expounds: No person shall be made to face prosecution for manufacturing a drug prior to prescribing certain standards, Read Judgment

Bombay High Court

HC Expounds: The weight of seeds, leaves, and stalks of the cannabis plant must be excluded when calculating the weight of ganja, Read Judgment

Minor Sexual Assault

HC Reiterates: Rape Cases under POCSO Act cannot be quashed on the basis of Compromise between the Parties, Read Judgment

Facebook sues OnlineNIC

HC Expounds: Recovery and Restoration of Facebook Group can't be termed as a Dispute relating to Trademark, Read Judgment

Property Dispute, pic by: Geoffrey Lurie

HC: Transposition of Defendant permitted only when he has identical interest and subject matter property, Read Judgment

DNA Test.jpg

HC Expounds: Failure of prosecution to prove identity of Dead Body through DNA reports isn't enough for acquittal of accused, Read Judgment

HC Expounds: Concept of Maintenance provided under DV Act couldn't be compared with refusal to Maintenance given u/S. 125 of CrPC, Read Judgement

Transgender Rights.png

HC Expounds: Transgender who changed their gender to 'female' comes within the definition of a 'woman' under Domestic Violence Act, Read Judgment

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

HC Expounds: When Statutory Remedy is created by enactment, exercise of inherent power U/S 482 couldn't be invoked ignoring statutory dispensation, Read Judgment

Rent -Tenant-Property.jpg

HC Expounds: Right of Property Owners to undertake redevelopment cannot be taken away by Tenants, Read Judgment

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

HC: Order of Maintenance u/S. 25 of Hindu Marriage Act can't be passed if no such relief is sought by filing an Application, Read Judgment

Gavel--moot Court.JPG

HC Expounds: Public Servant must allege obstruction voluntarily for prosecution of a person under Section 186 IPC, Read Judgment

Order-Order-gavel

HC Expounds: If an Employee's Performance Report is upgraded to a Higher Grade, the selection committee must re-evaluate the employee for promotion, Read Judgment

Father and child.jpg

HC Expounds: Single Parent cannot be held to be ineligible for adoption on the ground of being a working person, Read Judgment

HC Expounds: Using a portion of tax funds to offer benefits or conveniences to a specific religious group does not infringe upon Article 27, Read Judgment

Classified Documents- Sealed Cover Documents 1.jpg

HC Expounds: If Plaintiff accuses of a breach of confidentiality, they are required to submit Confidential information to Court in a sealed envelope, Read Judgment

Fake Facebook Post, pic by: Sambad English

HC Expounds: Posting a comment on Facebook, tending to promote enmity between groups on religious grounds constitutes an offence, Read Judgment

HC Enunciates: Beneficiaries of Fake Licenses can't escape liability on ground that they secured licenses through an Arms Dealer, Read Judgment

HC Expounds: Family Court cannot grant Divorce Decree solely based on assumption that Marriage is dissolved in hearts and minds of Parties, Read Judgment

Real Estate

HC rejects plea against re-development of residential units, emphasizes primacy of public interest over private interest, Read Judgment

Income Tax Returns

HC bars Parallel Assessment, set aside second notice for opening Re-Assessment citing first Assessment Proceedings, Read Judgment

HC Expounds: Challenge to membership of a Delegatee as Member of Society cannot be decided by Election Officer at time of scrutiny of nomination, Read Judgment

uniform civil code.jpg

HC Expounds: Counter-Claim under Order VIII, Rule 6A CPC shall not exceed Pecuniary Limit of Jurisdiction of Court, Read Judgment

Meat Shop 1.png

HC: Right to Consume Safe and Hygienic Food a Fundamental aspect of Right to Life as enshrined in Article 21 of the Constitution, Read Judgment

Employment Law.PNG

HC Expounds: Government Resolution can't be referred for refusing appointment when it wasn't mentioned in Advertisement for Post, Read Judgment

Corruption

HC Expounds: To entertain a PIL of Corruption against a Public Servant, credibility of person bringing plea need to be determined first, Read Judgment

Gift Deed.jpg

HC Expounds: Relinquishment deed requires to be registered otherwise it is not admissible in evidence, Read Judgment

Bail

HC Reiterates: Bail u/S. 438 CrPC can be granted if a prima facie case is not made out against the accused, Read Judgment

Rape-Sexual Harrasement- Sexual Assault.jpg

HC: Protecting a Woman's dignity is essential, but sexual crimes must be proven beyond a reasonable doubt, Read Judgment

Elderly Parent- Father-Son- Maintenance.jpg

HC Expounds: Section 125 CrPC doesn't allow parents-in-law to receive financial support or maintenance from their widowed daughter-in-law, Read Judgment

Bombay High Court.jpeg

HC Reiterates: An Application seeking Condonation of Delay can be filed after the filing of the main Proceeding, Read Judgment

Insurance Compensation - Motor Accident 1.jpg

HC Expounds: Crane used in private premises is a motor vehicle for the purposes of the Motor Vehicles Act, Read Judgment

Fine- Court-Fine-Money.PNG

HC Enunciates: Writ Petition seeking monetary claim filed 27 years after cause of action arose not maintainable, Read Judgment

Child Custody.jpg

HC Expounds: In deciding custody-related matters, the paramount consideration is the welfare of the child, Read Judgment

HC alters conviction from 'Kidnapping for Ransom' to 'Wrongful Confinement' as ransom letter was not in evidence, Read Judgment

Bombay High Court.jpg

HC dismissed Chanda Kochhar's plea for interim relief in the ICICI Bank case, stating that the matter of trial can’t be concluded at an interim stage, Read Judgment

Arbitral Tribunal.jpg

HC Expounds: An Arbitration Clause in a Partnership Deed is rendered invalid after Firm is dissolved, Read Judgment

HC gives instructions for quick resolution of creditors' requests u/S. 14 of the SARFAESI Act for obtaining possession of Secured Assets, Read Judgment

HC Opines: Ship Agent’s claiming for unpaid port dues against Ships and Vessels can be covered under High Court’s Jurisdiction, Read Judgment

Allahabad High Court.jpg

[Salus populi est suprema lex]- HC: Welfare of public is the supreme law, in case of conflict, individual interest must yield to community interest, Read Judgment

Scam 1992.jpg

HC: Using snippets of Audio-Visual content to promote one’s business activities violates the Proprietary Rights of the Copyright Holder, Read Judgment

Rent -Tenant-Property.jpg

HC: Issuance of a few rent receipts by the owner to the occupants in case of requisitioned premises doesn’t amount to admission of a landlord-tenant relationship, Read Judgment

Arbitration agreement

HC Expounds: Entire Arbitration Agreement Not Rendered Invalid Due to Illegality in Appointment Procedure, Read Judgment

Arbitration and Conciliation.jpg

HC: Invalid Board Resolution a curable procedural error, can’t result in termination of Arbitration Proceedings, Read Judgment

Domestic Violence.jpg

HC Expounds: Domestic Violence caused on Foreign Soil could also be taken cognizance under Domestic Violence Act, Read Judgment

Filing of Taxes

HC Expounds: Foundational facts are necessary to reopen the Income Tax Assessment, Read Judgment

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

HC: Husband is not liable under NI Act for a dishonored cheque issued by a wife as a sole proprietor of a firm, Read Judgment

order

HC Enunciates: Collector has Exclusive Jurisdiction to deal with the disqualification on account of submission of a false Caste Certificate, Read Judgment

ForgeryForgery

HC upholds Acquittal in Forgery case due to defective Investigation without handwriting report, Read Judgment

Allahabad High Court.jpg

HC Reiterates: Application u/S. 482 CrPC is maintainable against the order of summon under the offence of the SC/ST Act, Read Judgment

Gang War, pic by: deccanherald.com

[Gangsters Act] HC: A Group of people doesn't necessarily have to engage in violence to be classified as a 'gang', Read Judgment

Rape Victim

HC Expounds: Rape Victims cannot be considered Accomplices, insisting on Corroborating their Testimony is an insult to Womanhood, Read Judgment

HC Expounds: Organ Donation doesn't require a Spouse's Consent, especially if withheld for irrelevant reasons, Read Judgment

Insurance Compensation - Motor Accident 1.jpg

HC Reiterates: Deceased's Wife entitled to Motor Vehicles Act Compensation despite Compassionate Appointment and Ex-Gratia Payment, Read Judgment

witness box.jpg

HC Expounds: The statement u/S. 161 of the Cr.P.C. can only be used for contradictions and omissions, Read Judgment

HC Expounds: Magistrate can take cognizance of an offence based on S. 190(1)(b), CrPC without relying on IO’s opinion, Read Judgment

Dying Declaration, pic by: youtube.com

HC Reiterates: A sole Dying Declaration can be used as evidence for a conviction if it meets the criteria of truthfulness and voluntariness, Read Judgment

Clerk- Employee.jpg

HC Reiterates: Employees suppressing material information can't claim unfettered Right to Continuity in service but must be dealt non-arbitrarily, Read Judgment

HC Expounds: Complaint can be amended as long as its basic core remains same and prejudice is not caused to other party, Read Judgment

Minor Sexual Assault

HC Opines: Non-Eruption of Wisdom Teeth alone cannot be considered as Conclusive Evidence to prove minority, Read Judgment

HC Expounds: POCSO Act not meant to punish minors in romantic/ consensual relationships and brand them as Criminals, Read Judgment

HC Expounds: Mathematical Exactitude for understanding the word ‘age’ is not warranted in deciding upon admission into school, Read Judgment

HC: Prosecution cannot be permitted to be converted into an arena to settle a score, Anticipatory bail was inserted to save litigants from false prosecution, Read Judgment

Taxes

HC Expounds: Adjusting Refund under Amnesty Scheme without Notice Violates Principles of Natural Justice, Read Judgment

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

HC Opines: If a dispute between parties is a private civil matter, then SC/ST (POA) Act should not be invoked, Read Judgment

Indian Railways.jpg

HC Reiterates: Mere absence of a railway ticket with the injured/deceased does not indicate that he was not a bona fide passenger, Read Judgment

Taxes

HC Expounds: AO can’t reopen assessment based on the same material and take another view, Read Judgment

Domestic Dispute

HC Expounds: Court has discretion to allow Evidence in way of an Affidavit in cases of DV Act [Read Judgment]

HC Expounds: Accused can be subjected to Police Remand even after being enlarged on Anticipatory Bail [Read Judgment]

HC Expounds: Burden of Proof is not to be shifted on Complainant when Accused chose not to question his financial capacity at first instance, Read Judgment

Defamation

HC Enunciates: For truth as a defence in libel, it must extend to entire libel, and not only to a part of it, Read Judgment

Cheque-Bounce-Cases

HC Expounds: If other amounts are mentioned in a separate portion in a Demand Notice, it would not be illegal, Read Judgment

lawyer-(Pic By Google).jpg

HC: Judicial Officers should not take recourse to Judicial Proceedings for matters like grievances of Arrears of Rent, Read Judgment

HC Expounds: Discretionary Power of Trial Court in granting Maintenance from date of order isn't completely blocked, Read Judgment

Handcuff- Arrest- Bail.jpg

HC: Acquaintance and Intimacy with Victim goes against Bail Applicant, when a statement of the victim has also not been recorded, Read Judgment

Religion

HC Enunciates: Prohibiting People from performing Religious Activities using Sec.144-CrPC is violative of Fundamental Rights, Read Judgment

Patent Design.jpg

[S. 19(b) of the Designs Act]- HC Enunciates: Design Registration susceptible to cancellation if already in Public Domain, Read Judgment

Insurance Compensation - Motor Accident 2.jpg

HC Reiterates: Insurance Company was contractually obliged to provide compensation if Vehicle was insured it, Read Judgement

Cow Dung Theft Case

HC Expounds: Mere transportation of Cow wouldn't come within ambit of Section 5 of U.P. Act, Read Judgment

Religion- Religious Place to Workship.PNG

HC Expounds: Insults to Religion without any intention to outrage religious feelings don't come within Sec-295A IPC, Read Judgment

Elderly Parents

HC: Father-in-law has no locus to file Habeas Corpus to secure release of daughter-in-law from her Parents’ home, Read Judgment

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

HC: Not allowing a spouse to have sexual intercourse without sufficient reason amounts to mental cruelty, Read Judgment

uniform civil code.jpg

HC Expounds: Filing Execution Case at place where respondent resides is within territorial jurisdiction under CPC [Read Judgment]

Animal Rights

HC Enunciates: In matters of animal custody, prime consideration must be welfare, protection, and maintenance of animals [Read Judgment]

Trial by Media- Media Trial- News Channels.png

HC Expounds: Editor attending an event hosted by Deputy Chief Minister would not mean a compromise of Journalism standards [Read Judgment]

HC: Juvenile's Right to Anticipatory Bail Confirmed; Inquiries Under Sections 14/15 of JJ Act Permissible During Bail [Read Judgment]

Religion

HC Enunciates: Religion cannot be propagated in a manner that is prejudicial to public health and well-being, Read Judgment

HC: Non-Deposit of fee doesn't affect maintainability of application for succession certificate under S. 379(1) of the Act, Read Judgment

Organised Crime 1.jpg

HC Expounds: Mere request for Extension by Public Prosecutor in his report, without application of mind, would not be a proper report, Read Judgment

Property Dispute- Settlement.jpg

HC Reiterates: Court cannot grant injunction in respect of a jointly owned property in favor of one party, Read Judgment

legal-fees (Pic by Google).jpg

HC Expounds: Joint Application for grant of refund of Court Fees not necessary in every case, Read Judgment

order

HC: Order of externment for maximum permissible limit must be passed after recording subjective satisfaction by the competent authority, Read Judgment

Indian Railways.jpg

HC Enunciates: 'Accidental falling of passenger’ includes accidents of a bona fide passenger falling from train during entry under the Act, Read Judgment

Defamation

HC Rules: Publication of defamatory statement cannot be justified by citing similar statement mentioned in a legal pleading, Read Judgement

Corporate Veil- Court- Trial- Judge.jpg

HC: Failure to present Incriminating Material to Accused u/S. 313 Cr.P.C. results in Prejudice, Read Judgment

Insurance Compensation - Motor Accident 2.jpg

HC Reiterates: A borrower of the vehicle is not a third party as against the insurance company, Read Judgment

Documents at Trial Stage in Court.jpg

HC Enunciates: Prejudice to the accused due to irregularity in the trial would not necessarily warrant a de novo trial [Read Judgment]

Murder Case

HC upholds Life Sentence for Two in 41-Year-Old Murder Case, Emphasizes non-recovery of Weapon Doesn't Weaken Prosecution's Case, Read Judgment

Indian Penal Code- Criminal Prosecution- Crime.jpg

HC Expounds: Availability of Civil Remedy cannot be a ground to quash Criminal Proceedings [Read Judgment]

HC Reiterates: Prosecution has to prove all the circumstances beyond a reasonable doubt in a case based on Circumstantial Evidence, Read Judgment

Input Tax Cedit under GST.png

High Court Affirms: Availability of GST Input Tax Credit for Work Contract Services in Hotel Construction, Read Judgment

Maintenance- Divorce.jpg

HC Expounds: Wife living separately entitled to maintain lifestyle which she was accustomed to while staying with husband [Read Judgment]

Documents at Trial Stage in Court.jpg

HC Opines: Looking at material for purpose of Sec-156(3) Cr.P.C. cannot be said to be taking cognizance, Read Judgment

Allahabad high Court2.jpeg

Sections 3 & 5 of UP's 'Anti-Conversion' Law Not Evidently Unconstitutional says HC, Read Judgment

Slums in Delhi.jpg

HC Expounds: When declaring an area as a slum, the Authority is mandatorily required to serve notice upon every owner and occupier of the property, Read Judgment

property-tax

HC Expounds: Reopening assessment merely on the basis of a change of opinion does not constitute a justification to believe that income had escaped assessment, Read Judgment

order

HC allows special POCSO court to consider Section 156 (3) CrPC Application as a Complaint Case, Read Judgment

Insurance Compensation - Motor Accident 2.jpg

HC Enunciates: In accidents due to composite negligence, damages cannot be apportioned, Read Judgment

Indian Railways.jpg

HC Expounds: Claimants cannot be expected to prove every minute detail about travel of deceased as per record of Railway Authority, Read Judgment

Railway Station.PNG, pic by et

HC Expounds: Sec-124-A of Railway Act not limited to compensation to only those who suffer harm due to falling from train, Read Judgment

HC Emphasizes: Ensuring humane treatment of Convicts without compromising Societal Welfare, Read Judgment

Income Tax Department.jpg

HC Enunciates: Assessing Officer cannot make reference transfer Pricing Officer when no Assessment Proceedings are pending, Read Judgment

VAT (Value Added Tax).jpg

HC Opines: Section 85 (2)(b-3) of Maharashtra Value Added Tax Act doesn't bar appeal against composite order, Read Judgment

Allahabad high Court2.jpeg

HC Expounds: SDM exercising Adjudicatory Powers acts as Revenue Court, would be subject to control & supervision of Board, Read Judgment

Sale Deed.jpg

HC Expounds: Recital in Sale Deed that petitioner is in possession of Suit Land would be of no help when contrary evidence exists, Read Judgment

Clerk- Employee.jpg

HC Enunciates: Compassionate Appointment isn't a matter of right but is to enable family in an immediate crisis, Read Judgment

Expert Evidence, pic by: Kanopy

HC Retierates: Medico-Legal Expert’s evidence wouldn't have a binding effect if it's not supported by sound reasons and isn't convincing, Read Judgment

order

HC Opines: Larger public interest would prevail over alleged breach of contractual obligations in exercise of jurisdiction under Article 226, Read Judgment

Land Acquisition- Real Estate.jpg

HC Expounds: Lease of Building takes in 'site of location' unless Lease Agreement specifically excludes underlying land, Read Judgment

HC Expounds: A Person cannot be deprived of project-affected person's Certificate without being given a hearing, Read Judgment

order

HC Expounds: Party claiming any relief has to come with clean hands, order taken by suppressing facts is bad and cannot be sustained, Read Judgment

Gift Deed.jpg

HC: Photocopy of Sale Deed cannot be accepted as surety for purpose of Sec-17 Provincial Small Causes Court Act read with Sec-145 CPC, Read Judgment

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

HC allows Second Plea for Maintenance under S. 125 CrPC after initial rejection, citing changed circumstance, Read Judgment

HC Enunciates: Rejecting Anticipatory Bail plea based on grounds of a filed chargesheet or court's cognizance of offense is not permissible, Read Judgment

Gujarat High Court.png

High Court slams National Institute of Design, Ahmedabad's Arbitrary Admission Cancellation based on Certificate Format, Read Judgment

HC Reiterates: At the stage of issuance of Caste Certificate, only prima facie satisfaction regarding claim is sufficient, Read Judgment

Trademark Disputes.png

HC Opines: Authority must consider submissions before it and give a reasoned order in deciding the application of Trade Mark, Read Judgment

Income Tax Act.jpg

HC Propounds: Showing a lack of control, and limited role in Company is sufficient to discharge burden in terms of Sect-179(1) of Income Tax Act, Read Judgment

Domestic Violence.PNG

HC Propounds: Domestic violence does not depend on its severity for the purpose of proceeding under the Domestic Violence Act, Read Judgment

Handcuff- Arrest- Bail.jpg

HC Expounds: Observations made in an earlier order cannot be the sole reason to reject a fresh application for bail, Read Judgment

Passport India

HC Propounds: In deciding period of renewal of Passport, Trial Court has to give sufficient reasons [Read Judgment]

Police Investigation

HC Reiterates: Custodial Interrogation not necessary when applicant cooperated with the investigation [Read Judgment]

Scheduled Tribe

HC Enunciates: Scrutiny Committee can't deny Validity Certificate to blood relative of a person having one already, Read Judgment

Liquor Prohibition Bill

HC Opines: Transfer of Liquor Licence is at discretion of concerned authority, Read Judgment

[PCPNDT Act]- HC Expounds: Words such as 'advertisement and propagation' used in a wide sense, need to be taken in their wide meaning, Read Judgment

HC Opines: Nomination to non-statutory posts made through an executive order can be cancelled without giving an opportunity of hearing, Read Judgment

Dying Declaration, pic by: youtube.com

HC Reiterates: A dying declaration recorded at a belated stage in the presence of relative’s casts doubt on its veracity, Read Judgment

Settlement- Agreement- Lawyer-Client- Suit.jpg

HC Reiterates: Defendant cannot be ordered to deposit a portion of Decreetal Amount as pre-condition for entertaining Notice of Motion, Read Judgment

HC Expounds: Existence of injury can be taken into consideration while deciding on Bail Application, Read Judgment

Child Custody 1.png

HC Reiterates: Trial Court has to discuss the material on record in the context of the welfare of the child to decide a custody matter, Read Judgment

Death

HC Reiterates: Notice issued on a dead person or reopening of assessment of a dead person is null and void in law, Read Judgment

Motor Accident Claims Tribunal (MACT).jpg

HC Expounds: Claimant travelling to help in Transportation of Goods owned by the father would also be considered owner of the goods, Read Judgment

Tribunals, pic by: Basics

HC Opines: Tribunal cannot interfere in order of transfer at interim stage except for rare cases, Read Judgment

Juvenile Crimes, pic by: Governance Now

HC Propounds: An order u/ S. 18(3) of Juvenile Justice Act must mention presence of two members other than Principal Magistrate [Read Judgment]

Small Farmers, Pic courtsey Wikipedia

HC Opines: Income from Agricultural Land cannot be neglected in calculating compensation for an individual death even though land was jointly owned, Read Judgment

HC Reiterates: Failure to comply with requirement of prior intimation under Income Tax Act would make entire adjustment wholly illegal, Read Judgment

Gujarat High Court

HC: IGP Directly Responsible for Furlough Decisions, Administrative Officer Cannot Shift the Burden of Providing Reasons, Read Judgment

Taxes

HC Upholds: Amnesty Scheme Benefit regardless of Petitioner's inadvertent underpayment in Principal Tax Amount, Read Judgment

HC Expounds: Mere failure of Husband to deny his sole presence at time of wife’s homicidal death wouldn't make him guilty under S. 106 of Evidence Act, Read Judgment

GST- Goods and Services Tax.jpg

HC clarifies stand on Double Benefit in IGST Refund and Higher Duty Drawback Case, Read Judgment

Arbitral Tribunal.jpg

HC Expounds: Appointment of Arbitrator u/S. 11 of the Arbitration and Conciliation Act not Maintainable for Disputes covered by MSMED Act, Read Judgment

Input Tax Cedit under GST.png

HC reiterates: Validity of GST Provisional Attachment Order Expires after One Year, Read Judgment

Woman Judge 1.PNG

HC Affirms: Once Judgment attains finality, alteration is permitted only for Clerical Errors, Read Judgment

HC Upholds: Venue Designated as 'Seat' of Arbitration in absence of Substantial Contrary Indicia, Read Judgment

Arbitration agreement work.jpg

HC Enunciates: Non-Interference with Tribunal's finding on existence of Arbitration Agreement unless No Agreement is Manifestly Evident, Read Judgment

Land Acquisition- Real Estate.jpg

Upholding Mandatory Notice Obligation u/S. 12(2) of Land Acquisition Act; HC Stresses Serving Notice to 'Interested Persons' Regarding Passing of Award, Read Judgment

Tender-offer.jpg, pic by: WallStreetMojo

HC Emphasizes Transparent Tender Process by Public Undertaking to Ensure Selection of Best Competitor, Read Judgment

POCSO Court- Child-Minor.png

HC clarifies POCSO Court's role in determining compensation, by giving consideration to gravity and victim's Status, Read Judgment

Trespassing

HC quashes Trespass Charges against Bank's Debt Manager, affirms Official Capacity Visit as legitimate, Read Judgment

Court- Bar Election.jpg

HC rejects removal Plea against Independent Election Commissioner, citing Constitutional Independence, Read Judgment

Husband and Wife- Marriage.jpg

HC upholds wife's Right to separate residence in case of husband cohabiting with another woman, Read Judgment

HC Expounds: Parties Must Be Informed of Proving Requirements Prior to Presenting Evidence under DV Act, Read Judgment

HC mandates signing of Integral Annexure in Election Petitions, exempts Evidentiary Documents, Read Judgment

witness box.jpg

HC Expounds: Trial Court obligated to provide Accused opportunity for engaging Counsel in Cross-Examining Prosecution Witnesses, Read Judgment

Law Students.jpg

HC Opines: Quashing Law Intern's FIR against Advocate u/S. 376 IPC has a potential to Impact Legal Profession, Read Judgement

Karnataka High Court.jpg

HC Propounds: Tahsildar cannot reject an application for deleting a name in the land record without enquiring into the basis of entering the name, Read Judgment

order

HC Enunciates: Deputy Commissioner has no jurisdiction to cancel the order of conversion passed by him since he becomes functus officio after passing the said order, Read Judgment

Banking Disputes- Payment.jpeg

HC Expounds: LOC cannot be issued by a bank merely on the ground that the person is a promoter and guarantor of an NPA of the bank, Read Judgment

Calcutta High Court, pic by wiki

HC Reiterates: It is mandatory to award interest along with the compensation under the Railways Act, Read Judgment

Karnataka High Court.jpg

HC Opines: Injunction cannot be refused on the ground of permissive possession when interference is proved, Read Judgment

Order

HC Expounds: In a counterclaim filed by the defendant in a property suit, the burden of proving the nature of property is upon the defendant, Read Judgment

Compassionate Appointment/ Job, pic by: India Legal

HC Reiterates: Compassionate appointment cannot be denied to the dependants of an employee who has suffered permanent disablement during service, Read Judgment

Calcutta High Court, pic by wiki

HC Opines: Peaceful possession of the property is to be protected from trespassers under S. 6 of the Specific Relief Act, without regard to the question of title, Read Judgment

Insurance Compensation - Motor Accident 2.jpg

HC Reiterates: Insurance Company is liable to pay the compensation to victims of the accidents even when there is a breach of the policy agreement, Read Judgment

HC Expounds: Agreement for lease automatically terminates on the death of original allottee when she didn’t take any step to execute it during her lifetime, Read Judgment

Calcutta High Court.jpg

HC Enunciates: If several owners are in possession of an undivided property, none of them has a right to their exclusive use according to their own choice, Read Judgment

Termination of Employment.jpg

HC Propounds: Voluntary termination of a person appointed under a contract shall not be considered as a penalty, if it was in accordance with such contract, Read Judgment

Karnataka High Court.jpg

HC Expounds: A suit filed for possession cannot be decreed without deciding upon the question of title and right over the suit property, Read Judgment

Calcutta High Court, pic by wiki

[Order VI Rule 17, CPC] HC Enunciates: In the absence of due diligence, Court has no jurisdiction to allow the prayer for amendment of the pleading, Read Judgment

Gift Deed.jpg

HC Opines: ‘A deed presented for the purpose of comparison with another deed must be proved to be Authentic’, Read Judgment

order

HC Reiterates: Amendment in plaint should be allowed unless it would cause prejudice to the opposite side which could not be compensated, Read Judgment

Calcutta High Court.jpg

HC Opines: ‘Application for Amendment by a Lessee cannot be rejected on the ground that he does not have any Right to challenge the Title of Lessor, Read Judgment

Filing of petitions and Affidavits in A4 size paper in Court, pic by: दैनिक जागरण

[Order XVIII Rule 4] HC Expounds: A Supplementary Affidavit must be filed to Re-Examine Witness when documents are filed during Cross-Examination, Read Judgment

Karnataka High Court

[Section 498-A, IPC] HC Reiterates: Complaint filed by the second wife against the husband and her in-laws is not maintainable, Read Judgment

Insurance Compensation.jpg

[Employees’ Compensation Act] HC: S. 4(b) could be made applicable only when the disablement has incapacitated a person from all works he could perform, Read Judgment

Karnataka High Court

HC: An order based on some other proceedings, and passed without assigning cogent reasons, would constitute a violation of principles of Natural Justice, Read Judgment

Calcutta High Court.jpg

[Surrogacy Act] HC Expounds: The upper age restriction in the Surrogacy Act is a directory guideline and not an absolute bar to availing surrogacy, Read Judgment

Arbitrator- Arbitration.jpg

[Arbitration Act] HC Enunciates: Partie’s right to choose an arbitrator stops at Section 11(6) when they surrender that right to the Court, Read Judgment

Indian Judiciary System/ Judicial Transfer

HC Reiterates: A transfer order cannot be issued without giving posting to the Transfer Candidate, Read Judgment

Banking Disputes- Payment.jpeg

HC Opines: Bank Authorities cannot restrict operations from a joint account when there are no such instructions to put the account on ‘hold’, Read Judgment

HC Opines: Husband not having sufficient means to pay maintenance is not a valid ground to interfere with the order of maintenance, Read Judgment

Arbitrator- Arbitration.jpg

[S. 9(3), AA] HC Opines: The process of entertaining a matter commences when Court enters into the arena of the facts, law and the dispute between parties, Read Judgment

Sale Deed.jpg

HC Reiterates: Non-payment of the sale consideration of the sale deed would not be a ground for cancellation of the sale deed, Read Judgment

birth certificate (Pic by Google).jpg

HC Reiterates: Application for a change of Date of Birth can be entertained only within a period of five years from date of appointment, Read Judgment

Electricity Bill.jpg

[Electricity Act, 2003] HC: S. 135(1)(e) only applies when an electricity connection is taken for a particular purpose but is being used for another purpose, Read Judgment

Civil Laws

[O. VII R. 7] HC Expounds: In a suit for injunction to restrain co-sharers, it is open to the court to declare share of parties in the suit property, Read Judgment

Arbitration agreement

HC Opines: Party is estopped from questioning Appointment of Arbitrator when failed to timely deny existence or validity of Arbitration Agreement, Read Judgment

uniform civil code.jpg

HC Reiterates: No power shall be exercised u/S. 151, CPC for a topic that is covered by other express provisions, Read Judgment

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

HC Opines:’ Matters involving dissolution of marriage should be disposed of within a year by the Courts’, Read Judgment

Calcutta High Court.jpg

HC Enunciates: Unabated beating of drums is impermissible even though it may be a part of a religious activity, Read Judgment

Jail-custody-5002-1544467792.jpg Pic By Google

HC Reiterates: Once the Accused is remanded to Judicial Custody, seeking Police custody right stands unavailable to the prosecution, Read Judgment

Muslim Relationships.jpg

HC Enunciates: Son born out of a Batil marriage would be considered an illegitimate Son, Read Judgment

order

HC Propounds: Court cannot go into the merits/demerits of a proposed amendment at the stage of considering an application for amendment of pleadings, Read Judgment

Settlement- Agreement- Lawyer-Client- Suit.jpg

HC Expounds: Principles of Constructive Res Judicata apply internally also at different stages of Suit, Read Judgment

order

HC Opines: ‘The very violation of principles of natural justice is a prejudice, and actual prejudice need not be demonstrated’, Read Judgment

HC Propounds: A complaint of harassment against the husband would not fail merely because it was filed after the filing of the divorce petition by the husband, Read Judgment

Himachal Pradesh High Court.png

HC Opines: Requirement of a “Bonafide Himachali Certificate” for compassionate appointment is violative of Article 16 (2) of the Constitution, Read Judgment

Arbitrator- Arbitration.jpg

HC Propounds: Objection to entertaining Suit based on Arbitration Clause is to be raised before Court at first appearance and not later, Read Judgment

Arbitral Tribunal.jpg

HC Propounds: Written Consent Not Necessary for Extending Arbitral Period through Verbal Agreement, Read Judgment

HC Opines: When drawer signs over a Cheque in which alterations have been made, his consent for alterations is presumed, Read Judgment

State Bank of India

HC Upholds Writ Petition in SBI Loan Dispute, Recognizes State Bank as State Instrumentality, Read Judgment

Arbitration Award.jpg

HC Expounds: An application u/S. 34 must be valid in terms of S. 19 of MSMED Act for the Court to consider a stay of Arbitral Award, Read Judgment

order

HC: Extended Unauthorized Possession Alone Insufficient to Prove Adverse Possession without Clear Establishment of 'Hostile Animus, Read Judgment

HC Expounds: Withholding Material facts Adversely Affects Issuance of Temporary Injunction, Read Judgment

HC Enunciates: Ornaments of Wife found wirth Husband cannot be basis of a Criminal Case under Sec- 406 and 420 IPC, Read Judgment

HC Rules: Even if there is no provision for condonation of delay under Pension Rules, Employee cannot be punished for tardiness of authorities Read Judgment

HC Reiterates: Work charge status followed by regular appointment has to be counted as a component for qualifying service for the purpose of Pension Benefits, Read Judgment

[Section 135 of the Electricity Act] HC Expounds: Fine for the first conviction of electricity theft shall be thrice the financial gains from it, Read Judgment

Arbitration

[Arbitration and Conciliation Act] HC: An application made u/S. 9 is not expected to make full disclosures and place evidence substantiating apprehension that has been pleaded, Read Judgment

Issue of Cheque Dishonour

HC Expounds: Offence u/s 138 NI Act, cannot be compounded if the settlement entered between the parties has failed, Read Judgment

HC Enunciates: If a teacher fulfills eligibility criteria for transfer under existing rules, authority should give effect to it and take steps for filling up vacancy, Read Judgment

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

HC Opines: ‘The provisions of the NDPS Act have to be interpreted keeping in mind the object and purpose of the same as well as the impact on the society', Read Judgment

Documents at Trial Stage in Court.jpg

[Order 41 Rule 27(b), CPC] HC: Court can permit additional documents filed after filing of the suit if it is unable to pronounce the judgment on merits, Read Judgment

Lesbian Couple- Women in Relationship.PNG

HC Enunciates: Article 21 does not cease to apply to two young adult females who are in a live-in relationship with each other, Read Judgment

Pre-Natal Sex Determination Diagnostic Techniques

[Section 5(1) of the MTP Act] HC Reiterates: Restriction of the length of the pregnancy would not apply when as per the doctor the termination is immediately necessary, Read Judgment

order

HC Opines: Leave to withdraw petition would not be accorded where the conduct of the litigant is culpable, Read Judgment

Robbery

HC opines: 'Bank repossession of the loan vehicle does not amount to Robbery', Read Judgment

HC Opines: Industrial Tribunal cannot modify order of punishment when workman himself admits to his guilt and the same gets proved, Read Judgment

Order-Order-gavel

HC Expounds: Mere presence with no common intention would not make a person vicariously liable for the offence committed by an unlawful assembly, Read Judgment

Juvenile Justice, pic by: Lincoln's family

HC Propounds: Bail to a juvenile has to be given as per section 12 of the POCSO Act, Read Judgment

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

HC Enunciates: A matter cannot be heard afresh merely because the decision was pronounced by a different bench than the one passing the sentence, Read Judgment

fighting husband wife Pic Credit WomenWorking.jpg

HC opines: Section 498A is being used for unleashing legal terrorism and general allegations cannot be the basis of this crime, Read Judgment

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

[Order 41 Rule 27, CPC] HC Propounds: The Court cannot dismiss an application without framing the issue for consideration and discussing it, Read Judgment

Tattoo.jpg, pic by mic

HC Enunciates: If there is a stipulated disqualification because of the tattoo mentioned in the advertisement, the authorities cannot be asked to reconsider their decision, Read Judgment

Property Dispute- Settlement.jpg

HC Expounds: Son cannot unilaterally mortgage a property belonging to both the son and the daughters, Read Judgment

Insurance Compensation - Motor Accident 1.jpg

HC Propounds: The contribution of a homemaker wife should be considered when assessing the compensation to be paid in a motor vehicle accident of the husband, Read Judgment

Karnataka High Court.jpg

HC Enunciates: The Medical Board is merely required to certify the extent of disability and cannot decide upon the eligibility of a candidate, Read Judgment

Section 144 (Pic By Aaj Tak).png

HC Propounds: Order under Section 144 CrPC has to be made with more care and better reasoning because it concerns the rights of the citizens

HC Opines: In a suit for bare injunction, person who approaches Court has to prove his lawful possession, Read Judgement

Money Laundering

HC Enunciates: Authorities not required to record reasons at every stage while issuing summons in terms of Section 50 of the PMLA Act, Read Judgment

Witness Box.jpeg

HC Expounds: Cross-examination through video conferencing is permissible when it does not affect Rights of the Accused, Read Judgement

order

HC Reaffirms: Mere expression of words without any intention to cause alarm to the complainant would not constitute criminal intimidation, Read Judgement

Narcotic Drugs Dealer

HC Opines: Filling a charge sheet under the NDPS Act, without the Examination Report is an exercise in futility, Read Judgment

Documents at Trial Stage in Court.jpg

HC Opines: ‘Production of documents while reporting to duty after remaining silent for one year cannot be accepted as an explanation for an unauthorized absence’, Read Judgement

HC Enunciates: If similarly situated employees have been given benefits by the Court then not extending them to others who did not file the case is discriminatory, Read Judgment

Appeal

HC Reiterates: First Appellate Court should not remand back a matter to Trial Court when Judgement that came in appeal was decided on merits, Read Judgment

Right to Information(RTI)

[RTI Act] HC Propounds: Employee is entitled to access colleague's service records for working out his grievance in a service matter, Read Judgement

HC Opines: An inadvertent error in mentioning caste should not deprive candidate of an opportunity to which she was otherwise entitled on merit, Read Judgement

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

HC Expounds: An amendment in the plaint can be allowed in an ongoing trial if it would not cause prejudice to the other party and the suit has not progressed much, Read Judgement

HC Expounds: Court Commissioner cannot be appointed to identify or demarcate property in a suit for permanent injunction, Read Judgement

Couple, Divorce.jpeg

[Section 498A, IPC] HC Opines: Day-to-day bickering between husband and wife cannot be a ground to convict the accused for cruelty, Read Judgment

Insurance Compensation - Motor Accident 2.jpg

HC Reiterates: The owner of the vehicle is not entitled to compensation under the statutory liability even though the insurance policy covered him, Read Judgment

LegaL Heir.jpg

HC Opines: Substitution of legal heirs and addition of plaintiffs is not permissible under Order VI, Rule 17 of the Code of Civil Procedure, Read Judgment

Order

HC Enunciates: An authority cannot take advantage of not formulating policies to deny the carrying on of lawful business of an individual, Read Judgement

Labour Court, PIC BY: The Citizen

HC Opines: Labor Court cannot adjudicate upon a matter on merits after it concludes that a fair and proper domestic enquiry was conducted, Read Judgement

judge, Gavel, Court.jpeg

HC Expounds: Article 215 can be invoked for exercising power to review judgment passed by High Court, Read Judgment

HC Enunciates: Pension is a beneficial provision for Government Servant and its provisions shall not be constructed narrowly. Read Judgment

Draft Meaningful Petitions, PIC BY: Bitcoin News

HC Enunciates: An objection, not raised before Tribunal, cannot be raised for first time in petition under Article 227, Read Judgement

Arbitration pic.jpg

[Arbitration Act] HC Reiterates: Court has the power to grant interim measures even where the property is not the subject matter of the dispute in Arbitration, Read Judgment

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HC: A party’s acceptance of the Arbitrator with knowledge of the latter’s previous association with the other party waives S. 12 of the Act, Read Judgement

Settlement- Agreement- Lawyer-Client- Suit.jpg

HC Expounds: Application for impleadment cannot be rejected merely because applicant had instituted another suit on same subject matter, Read Judgement

HC Opines: Seniority cannot be decided on basis of date of approval granted by authorities for admitting a post for salary grants, Read Judgement

order

HC Enunciates: A Court Commissioner cannot be appointed to find out the location of suit schedule property in a suit for permanent injunction, Read Judgement

HC Reiterates: Restricting Right to Apply for Permits only to persons holding a Driving License would be violative of Art.14 of Constitution, Read Judgement

Judiciary and Legislative.jpg

HC Enunciates: Conferring a Cabinet Status on a particular appointee per se doesn't make him a Minister within meaning of Article 164, Read Judgement

HC Expounds: Transfer Certificate would not suffice to prove qualification for a post when School records show otherwise, Read Judgment

NALSA 1.jpg

HC Reiterates: States should follow the best practices of NALSA’s Compensation Scheme for women victims/Survivors of Sexual Assault/other Crimes, 2018

Employment Law.PNG

HC Enunciates: There cannot be 'endless compassion' concerning appointments on Compassionate Grounds, Read Judgment

Sale Deed.jpg

HC Opines: Mere amendment to draft Sale Deed not permissible unless Plaint Schedule and Decree Schedule are amended, Read Judgement

[O.XI R.16] 'When defendants lost the original General Power of Attorney, the Court cannot direct them to produce its original copy' says HC, Read Judgment

Gift Deed.jpg

HC Propounds: The question of adverse possession in case of a mortgage deed arises only if the possession was anonymous and adverse to the interest of the owner, Read Judgment

order

HC Reiterates: Validity of a statutory order has to be adjudged on basis of reasons assigned therein and no other reasons from outside, Read Judgement

Labour Court, PIC BY: The Citizen

HC Opines: Labour Court cannot modify order of punishment relying on document not a part of domestic inquiry, Read Judgement

Clerk- Employee.jpg

HC Expounds: Continuation of an employee beyond maximum period of probation per se doesn't amount to completion of his probationary period, Read Judgment

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

HC Reiterates: Employee who approaches Court within three months of Government Order would be entitled to full back wages, Read Judgement

Arbitral Tribunal.jpg

HC Enunciates: Section 14 of the limitation act can apply to section 34 applications under the Arbitration Act if the requirements are fulfilled, Read Judgment

HC Propounds: Revising an offer does not amount to novation or substitution of contract so as to invalidate the appointment of an Arbitrator, Read Judgement

birth certificate (Pic by Google).jpg

HC Opines: There is no requirement for a woman after marriage to use the name of her husband to bring uniformity to the child’s birth certificate, Read Judgement

Arbitration pic.jpg

[S.9-Arbitration Act] HC Opines: Due weightage should be given to the intention of the parties while determining the seat of arbitration, Read Judgment

order

HC Enunciates: There is no question of reinstatement when an employee is on a probation period and his service is not confirmed, Read Judgement

Parole

HC Expounds: A Parole application cannot be rejected on the ground of public opinion that the petitioner’s release would disturb Public tranquillity, Read Judgment

Death Penalty.png

HC Reiterates: Mere reference to the gravity or heinousness of the crime is not enough for imposing the death penalty, Read Judgement

Tribunals, pic by: Basics

HC Propounds: Tribunal cannot adjudicate without framing issues regarding delay and laches when the same were raised by a party, Read Judgement

HC Opines: If offence was committed by Company, criminal proceedings cannot be allowed to survive without company being arrayed as an Accused, Read Judgment

Interview.png, pic by kc

HC Enunciates: Appointment could not be considered temporary when appointment letter promised permanent absorption on passing an interview, Read Judgement

False Cases Against Men- Accused- Convict.jpg

HC Expounds: In considering criminal history of accused for deciding a bail application, cases with acquittal cannot be taken into account, Read Judgement

order

HC: In a partition suit, the Court cannot deny inclusion of a property item in the plaint on the ground of it being already disposed of in one party’s favor, Read Judgement

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HC: In case of a prima facie violation of Principles of Natural Justice, a remedy in Writ cannot be denied due to the availability of an alternative remedy, Read Judgement

Salary, pic by: Fortune India

HC Enunciates: Revising the basic salary of an employee without giving notice to him constitutes a violation of the principles of Natural Justice, Read Judgement

judge Gavel.jpg

HC Propounds: A writ of prohibition cannot be issued against the discharge of Public functions by officials on the mere likelihood of injury with no evidence, Read Judgment

HC Enunciates: An employee cannot challenge a recovery order before an Industrial Tribunal, Read Judgement

SC on Auctions

HC Opines: ‘An Auction of joint family property cannot be restricted to the members of that family’, Read Judgement

HC Expounds: The Labour Commissioner cannot pass an order of minimum wages on a belated application when no application for condoning delay was filed, Read Judgment

Documents at Trial Stage in Court.jpg

HC Opines: A stay on an ex-parte order cannot be used in reference by a party while arguing on merits in a Section 9 application, Read Judgement

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HC Enunciates: Execution of an ex-parte Decree would cause injustice to respondent when a petition for setting aside Decree is pending, Read Judgement

HC Propounds: Bank order threatening to initiate proceedings on non-payment of dues is sufficient ground for the award holder to withdraw the security amount, Read Judgment

Employee Benefit.jpg

HC Expounds: Employer cannot withhold terminal benefits or gratuity of an employee on account of non-vacating of company’s quarter, Read Judgement

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

[Order XXXVIII, CPC] HC: Failure to deposit Security Amount cannot be a ground to deny Right to file a Written Statement to Defendant, Read Judgment

Labour Court, PIC BY: The Citizen

[S. 11A, I.D. Act] HC Expounds: Labour Court cannot interfere with quantum of punishment when order of dismissal warrants no interference, Read Judgement

Employment Contract.jpg

HC Opines: Party can unilaterally rescind Contract involving public properties at later stage when doing so prevents a huge loss to PSU, Read Judgement

Labour Court, PIC BY: The Citizen

[S. 11A, I.D. Act] HC Opines: Labor Court cannot modify a managerial decision imposing a minor penalty, Read Judgement

[Order XXVI Rule 10A, CPC] HC Propounds: A Court Commissioner can be appointed for comparison of signature contested by a party, Read Judgement

Handcuff- Arrest- Bail.jpg

HC Propounds: Accused is entitled to bail on grounds of parity when the co-accused with the same allegations has been released on bail, Read Judgment

Karnataka High Court

HC Enunciates: Court can exercise discretion under Sec-20 of Specific Relief Act, even if the agreement is genuine and enforceable, Read Judgment

Disciplinary Hearing.jpg

HC Reiterates: Disciplinary inquiry has to be initiated within a reasonable period and cannot be initiated after a long lapse of time, Read Judgement

Writ of Mandamus.jpg

HC Expounds: No direction for grant of alternate sites can be issued by Court in absence of a statutorily evolved scheme, Read Judgment

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HC Opines: Delay in challenging an order by a party is of no significance when other party fails to demonstrate notice or knowledge of order, Read Judgment

Land Acquisition- Real Estate.jpg

HC Propounds: Property cannot be claimed on ground of adverse possession by a party when party already claimed to acquire it by some other means, Read Judgment

Property Laws

[Order XL Rule 1 of CPC] HC Opines: Court can appoint Receiver only when parties show damage, misuse, or mismanagement of property, Read Judgement

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

[S. 24 of CPC] HC Opines: Court has to see hardship and inconvenience to wife and social/financial status of parties, Read Judgement

Corporate Veil- Court- Trial- Judge.jpg

HC Expounds: Merely delay in recording statement of Court witnesses is not a ground for granting bail, Read Judgment

[O.41 R.27, CPC] HC Expounds: An application seeking to adduce additional evidence cannot be rejected due to the absence of a prayer for additional evidence, Read Judgment

judge Gavel.jpg

[O. XXXIX R. 1&2, CPC] HC Propounds: The person seeking an injunction must make out a prima facie case for irreparable loss in case the injunction is not granted, Read Judgment

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

HC Enunciates: A petition seeking protection of possession over Suit Property cannot be filed u/S. 151 CPC without resorting to execution of a Decree in Suit, Read Judgement

Tender-offer.jpg, pic by: WallStreetMojo

HC Opines: Participation of a company in tender process cannot be rejected on ground of being a start-up company, Read Judgement

Labour Court, PIC BY: The Citizen

HC Expounds: Labor Court cannot consider matter afresh in remand when there was no such authorization by High Court, Read Judgement

HC Propounds: The Court cannot dismiss a complaint on the ground of the complainant not taking steps when the addressee did not claim Summons from the Court, Read Judgment

[Section 138, NI Act] HC Enunciates: Court cannot acquit an accused when he failed to rebut the presumption under Section 139, Read Judgment

Insurance Compensation - Motor Accident 1.jpg

HC Opines: ‘A person claiming insurance cannot be denied compensation on the ground of failure to mark a policy for compensation’, Read Judgment

Possession of Immovable Property, pic by: makaan.com

[Order XXI Rule 97 of CPC] HC Reiterates: Court is not required to direct an inquiry when objector is not concerned with Suit Property, Read Judgment

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

HC Expounds: Mere appointment of Court Commissioner to measure encroachment would not amount to decree suit in favor of Applicant, Read Judgement

Doctor

HC Propounds: When Doctor has been permitted to practice outside her main employment, her drawing of non-practicing allowance is no violation, Read Judgement

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

HC: Extension of time for filing additional Written Statements cannot be granted when Defendant had failed to file them in first instance, Read Judgment

HC Opines: Award Holder can be permitted to utilize money deposited by debtor if former furnishes cash or bank guarantee, Read Judgement

Breach of Contract

HC Reiterates: In a Suit for Specific Performance, plaintiff has to prove that he was ready and willing to perform Contract all throughout the Suit, Read Judgment

order

[Section 148A[b] of the IT Act]: The Court must restore the proceedings to the stage of notice when serving of notice upon the party is not conclusively proved, Read Judgement

Expert Evidence, pic by: Kanopy

HC Expounds: An opinion of Court going contrary to opinion of an expert in respect of an injury cannot be sustained, Read Judgment

Documents at Trial Stage in Court.jpg

[Article 227] HC Opines: The HC should not issue directions to Trial Court to dispose of a suit within a particular time unless compelling circumstances warrant, Read Judgment

Lawyer, Civil Case, Court, Advocate,

HC: Failure to reply to Notice of dishonor or to make any effort to take back Cheque amounts to a failure in rebutting presumption under S. 139 of NI Act, Read Judgment

HC Opines: Failure of Victim to identify accused would not nullify case of prosecution when Chain of Circumstances is otherwise complete, Read Judgement

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

HC Propounds: Failure to file an application for allotment of an alternate site in the prescribed format cannot be a ground for rejecting the application when no caveat was issued, Read Judgement

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[Article 226] HC Expounds: Court cannot adjudge a mixed question of law and fact by reappreciating evidence under writ jurisdiction, Read Judgement

Insurance Compensation.jpg

HC: A private arrangement between two PSUs cannot be brought within purview of their governing statutes for compensation, Read Judgement

[N.I. Act] HC Opines: When accused proves that he had lost cheque and instructed to stop payment, presumption under S. 118 & S. 139 is rebutted, Read Judgment

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

[SC/ST (POA) Act] HC Reiterates: When Complaint doesn't state words used for caste abuse, bar under S. 18 & 18A is not attracted, Read Judgment

HC: Contradiction between S. 161 and S. 164 statement cannot be a ground for quashing criminal proceedings until contradictions are confronted by the witness, Read Judgement

Arbitral Tribunal.jpg

[S.11, Arbitration Act] HC Enunciates: Issues arising out of two work orders can be presented in one application when they are identical, Read Judgment

Land Acquisition- Real Estate.jpg

HC Opines: Courts cannot undertake a deeper examination of acquisition of land for constructing public structures unless legal infirmities are demonstrated, Read Judgement

judge Gavel.jpg

HC Expounds: The Court can permit the re-opening of evidence for further examination/cross-examination even when the case has been reserved for judgment, Read Judgement

Corporate Veil- Court- Trial- Judge.jpg

HC Opines: When two views are possible, the view taken by Trial Court shouldn't be disturbed unless there are compelling circumstances, Read Judgment

HC Enunciates: Court needn't wait for completion of evidence by parties for considering an application seeking appointment of Commissioner, Read Judgement

Partition Suit- Family Law- Joint Family- Property.jpg

HC Reiterates: Partition of Joint Family Property partakes nature of ancestral Joint Family Property qua a person’s legal heirs, Read Judgment

Settlement- Agreement- Lawyer-Client- Suit.jpg

[Order I Rule 10(2) of CPC] HC Opines: A Person cannot claim impleadment of parties in Suit as a matter of right, Read Judgement

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

HC Propounds: If an Employee’s termination was set aside by consent, period during which he was out of service has to be considered for computing length of service, Read Judgement

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HC: Accused has the right to rebut presumption of commission of an offence u/S. 3, 5, 7, and 9 of POCSO Act unless the contrary is proved, Read Judgment

Voter Id card.jpeg

HC Expounds: No opportunity is required to be given to a contestant in an election to rectify any defects pointed out during the scrutiny, Read Judgement

HC Enunciates: Mere denial of transaction and stating that Cheques were misused not sufficient for rebutting presumption, Read Judgment

Insurance Compensation - Motor Accident 2.jpg

HC Reiterates: The Insurance Company cannot avoid its liability to satisfy the award on the ground of violation of territorial limits permit, Read Judgment

Labour Court, PIC BY: The Citizen

HC Reiterates: Labour Court cannot grant Wages to a Worker u/S. 33 C (2) without adjudicating upon his right to recover amount from Employer, Read Judgement

Appeal

HC Expounds: An Intra-Court Appeal against Orders of a Single-Judge passed under Article 227 ordinarily doesn't lie, Read Judgment

order

HC Opines: Application in matters governed by Statute Law has to be disposed of expeditiously and cannot be kept pending for an indefinite period by raising queries, Read Judgement

Resignation, PIC BY: abacusgrpllc.com

HC Enunciates: Spouse of an Employee cannot withdraw resignation of Employee without latter’s consent, Read Judgment

[Arbitration and Conciliation Act] HC: Arbitral Tribunal’s refusal to decide question of Claimant’s entitlement to interest amounts to a decision open u/S. 34, Read Judgement

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

HC Opines: Mere fact that a fresh litigation could be avoided is no ground for addition of parties in a suit, Read Judgment

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HC Reiterates: Unless punishment is shockingly disproportionate to charges, scope of Judicial Review is limited, Read Judgement

Fake medical certificate.jpg, pic by odishatv

HC Expounds: Rejection or sanction of ‘Injury on Duty’ facility is not the criteria in deciding question of misconduct, Read Judgement

Order-Order-gavel

HC Propounds: The liability to look after the aged father and mother is not a matter of charity but a statutory obligation, Read Judgment

HC: A person cannot be transferred to General Category for recruitment purposes, without any intimation, because of Certificate being illegible, Read Judgement

Labour Laws.jpg

HC Expounds: An Order passed by a different Corporation cannot be a basis to hold that order of punishment is disproportionate, Read Judgement

judge, Gavel, Court.jpeg

HC Enunciates: Issues and additional issues must be framed at time of adjudication of dispute and not at the time of passing of Award, Read Judgement

HC Reiterates: When domestic inquiry is held as not fair and proper, opportunity has to be accorded to parties to lead evidence on merits of case, Read Judgement

HC Opines: Industrial Tribunal cannot rely on medical records of a date subsequent to order of dismissal in adjudicating a dispute, Read Judgement

Sale Deed.jpg

HC Opines: A Sale Deed of immovable property is required to be properly stamped and registered for it to convey title to vendee, Read Judgment

Indian Judiciary System/ Judicial Transfer

HC Opines: Celebration of Secular Events shouldn't be objected to in a Welfare State subject to all just exceptions, Read Judgement

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

HC Opines: Candidate cannot challenge selection made in a category in which he isn't eligible to apply, Read Judgement

order

HC Propounds: Court cannot reject an application filed for proclaiming a Witness without examining it under Order XVI Rule 10 of CPC, Read Judgement

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HC Propounds: A confession made to the police officer during the investigation is inadmissible and not saved by Section 67 of the NDPS Act, Read Judgement

Writ of Mandamus.jpg

HC Expounds: An error of law apparent on the face of record can be corrected by Writ Court, Read Judgement

POCSO Court- Child-Minor.png

HC Expounds: Mere charging of an individual under POCSO Act cannot be a ground to deny Bail, Read Judgment

[NDPS Act] HC Enunciates: Accused cannot take advantage of calculations of substances made by Judge himself without referring to Forensic Lab Report, Read Judgement

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

HC Reiterates: Civil Suit for seeking declaration without praying for possession is not maintainable when plaintiff is out of possession, Read Judgement

Drug- Narco.jpg

[NDPS Act] HC Opines: Even where rigors of Section 37 NDPS Act don't apply, bail cannot be claimed as a matter of right, Read Judgement

Corporate Veil- Court- Trial- Judge.jpg

HC Propounds: High Court cannot conduct a mini-trial while exercising jurisdiction under Section 482 of Cr.P.C., Read Judgement

Indian Penal Code- Criminal Prosecution- Crime.jpg

HC Enunciates: Complainant cannot give any concession to anyone including accused as crime is always against State, Read Judgement

LegaL Heir.jpg

HC: Substitution of Legal Heirs of deceased can be considered only by Court before whom the matter was pending at that time of death, Read Judgement

Legal Education.jpg

HC Expounds: Party in proceedings cannot approbate and reprobate about stand taken before Court in Legal Proceedings, Read Judgement

University Campus- Students.jpg

HC Propounds: Institution cannot withhold marks cards of a student for reason of latter owing money to it, Read Judgement

HC Opines: Finding of Industrial Tribunal cannot be described to be perverse merely because it's possible to take a different view, Read Judgement

Clerk- Employee.jpg

HC Enunciates: No Employee can absent himself from work, even on medical grounds, without submitting a Leave Application, Read Judgement

HC Opines: Court needn't wait for completion of evidence for appointing Court Commissioner to find out allegation of encroachment, Read Judgement

Documents at Trial Stage in Court.jpg

HC Expounds: An Application for recalling a Witness cannot be rejected on the ground of inadmissibility of a Document, Read Judgement

HC Enunciates: Mere Possession of Cheque isn't sufficient to prove liability of accused without proving transaction, Read Judgement

HC Enunciates: Appellate Court can interfere in a case of an appeal against acquittal only if there is perversity in findings recorded by Trial Court, Read Judgement

Compulsory Retirement Orders

HC Propounds: Court cannot proceed ex-parte when no postal acknowledgment evidencing service of Retirement of Counsel was served upon Party, Read Judgement

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

[SC/ST (POA) Act] HC Enunciates: Bar under Sec-18 will not operate when allegations are vague without stating details of the incident, Read Judgement

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HC Reiterates: Civil Court has no jurisdiction to grant Caste declaration and same is hit by Sec-9 of Civil Procedure Code, Read Judgement

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

HC Expounds: A third-party applicant tracing his rights through judgment debtors cannot invoke Order XXI Rule 97 of CPC to resist the execution proceedings, Read Judgement

Possession of Immovable Property, pic by: makaan.com

HC: Non-party to a Contract can be treated as a proper and necessary party to a Suit if it is necessary for protection of its interests in Property, Read Judgement

judge Gavel.jpg

[Order XVI Rule 6 of CPC] HC Opines: Defendant cannot call upon sub-registrar for examination when the burden to prove the matter is upon the plaintiff, Read Judgement

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

HC Enunciates: It is not necessary for court to decide upon admissibility of evidence at the time of marking of exhibit of the documents, Read Judgement

Liquor Shop

HC Expounds: A wine shop cannot be shifted or closed merely because the people in the area suffer some annoyance because of it, Read Judgement

Resignation, PIC BY: abacusgrpllc.com

Whether Resignation takes effect if its acceptance is not communicated?, HC decides, Read Judgement

Corporate Law Firms- Asia 2.jpg

HC Propounds: Formation of a different partnership by one member of Firm with other persons doesn't lead to dissolution of Firm, Read Judgement

[NDPS Act] HC Opines: Accused can secure bail on ground of delay only if he can show that delay was on the part of Prosecution, Read Judgement

Employment Law.PNG

HC: Plea of delay and laches by Employer can be rejected by Court if it is satisfied that injustice done by Department has resulted in recurring losses, Read Judgement

Passport India

HC Expounds: Police have the power to seize a Passport under Section 102(1) of Cr.P.C. but it doesn't have the power to impound, Read Judgment

HC Expounds: A Person cannot be released on principle of parity when he has criminal antecedents that distinguish him from co-accused, Read Judgement

Handcuff- Arrest- Bail.jpg

HC Propounds: Successive bail application can be entertained by the Court only when there has been a drastic change in the circumstances since the first application, Read Judgment

Labour Court, PIC BY: The Citizen

HC Enunciates: Labour Court cannot direct payment of Wages when there has been no adjudication on right of Worker to recover Wages, Read Judgement

HC Opines: If Investigating Agency fails to discharge its duty of concluding trial expeditiously, accused gets a right to be released on bail, Read Judgement

Dying Declaration, pic by: youtube.com

HC Expounds: Suicide Note found in possession of deceased is relevant as a Dying Declaration even though it was not in handwriting of Deceased, Read Judgement

Employment Law.PNG

[S. 11A, I.D. Act] HC Propounds: Labour Court cannot grant reinstatement amounting to regularization and appointment to a non-existing post, Read Judgement

HC Opines: Interview for a post is not a matter of record and its contents cannot be used to terminate a person for furnishing false information, Read Judgement

Murder Case

HC Expounds: Despite striking a vital body part, lack of intent to kill due to sudden rage negates the application of Section 302 IPC, Read Judgement

Labour Accident- Workman Compensation.jpg

HC Enunciates: Its mandatory to take past conduct of Worker while evaluating misconduct committed by him, Read Judgement

Public-Prosecutors

HC Reiterates: Government has to pass a speaking order and apply its mind before granting sanction to prosecute a person under Section 505(2) IPC, Read Judgement

HC Opines: In an equitable mortgage, mortgagee is not entitled to seek changes in Katha for plan sanction, Read Judgement

SC on Auctions

HC Reiterates: A Successful Bidder cannot be denied Sale Certificate on ground of a legal requirement that was not mentioned in Auction Notice, Read Judgement

HC Propounds: An accused cannot be detained in Custody based on a statement made by Co-accused, Read Judgement

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

HC Expounds: Court cannot look into Additional Documents filed by Defendant when they are not supported by Pleadings, Read Judgement

uniform civil code.jpg

HC: If a Suit is dismissed for non-prosecution under O.9 R.8 CPC, only remedy available is to file an application for restoration of Suit under O.9 R.9 CPC, Read Judgement

Lawyer, Civil Case, Court, Advocate,

[Order VI Rule 17, CPC] HC Opines: Change of Advocate is not a sufficient ground to allow application for amendment post the trial commencement, Read Judgement

order

[Order VI Rule 17, CPC] HC Propounds: Trial Court cannot go into merits of prayer sought in an amendment application while deciding upon application, Read Judgement

HC Expounds: State cannot prolong tenure of an Employee in Tribal areas on pretext of waiting for a substitute, Read Judgement

HC Opines: An accused cannot be subjected to Custodial Interrogation on the basis of general and vague allegations, Read Judgment

[NDPS Act] HC Enunciates: A person is considered to be in possession of a substance if he is in a position to exercise control over it, Read Judgment

Indian Currency- Rupees- Salary.jpg

[POCA] HC: Burden of Proof cannot be shifted on accused when prosecution failed to establish details of Misappropriation of Funds, Read Judgment

Account Books, pic by: Community Home Health Care

HC Expounds: Mere Mutation in Revenue Records will not in itself confer title in favor of a person whose name is mutated in Revenue Records, Read Judgement

Possession of Immovable Property, pic by: makaan.com

HC Reiterates: If property is alienated after period under the agreement, mere statement by subsequent purchaser that he had no notice of the agreement suffices, Read Judgment

Appeal

HC Opines: Defendant cannot be permitted to raise a plea for an issue for the first time in Second Appeal when issue was not raised previously, Read Judgement

Karnataka High Court.jpg

[S. 11A ID Act] HC Enunciates: When the guilty is admitted by the delinquent, modifying the order of punishment is unsustainable in law, Read Judgement

Medical Examination of Criminal

HC Propounds: Medical Certificate produced for the first time before Labour Court cannot be considered to be a sufficient cause for absence of Workman, Read Judgement

[Order 26 Rule 9 CPC] HC Expounds: Court Commissioner cannot be used as a medium to collect evidence through Court to strengthen one’s case, Read Judgement

Insurance Compensation.jpg

[Order 41 Rule 33 CPC] HC Reiterates: Court can award compensation even in those cases where no cross-appeals/cross-objections have been filed, Read Judgement

Cheque Bounce- Company Director- NI Act.png

HC Propounds: Accused cannot be denied right to lead evidence due to Cheque not being dishonored due to a difference in signature of Drawer, Read Judgement

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

HC Opines: There is no bar on allowing amendment of plaint at appellate stage, but the said power could be exercised only in exceptional cases, Read Judgement

POCSO Court- Child-Minor.png

HC Opines: Section 33(5) of POCSO Act cannot be used to deprive accused of his right to cross-examine victim, Read Judgement

judge, Gavel, Court.jpeg

[S. 34, ID Act] HC Enunciates: If accord of sanction for prosecution is made without application of mind, the same shall be quashed on Judicial Review, Read Judgement

Disciplinary Hearing.jpg

HC Reiterates: Court cannot go into the question of correctness of appreciation of evidence by the Disciplinary Authority in a petition under Article 226, Read Judgement

Labour Court.PNG

HC Expounds: Labour Court cannot make any observation regarding the issue of fresh articles of charge when the same was not questioned before it, Read Judgement

Voice Sample.PNG

HC Reiterates: Magistrate has the power to direct any person to give a voice sample and they are not confined merely to accused, Read Judgement

HC Propounds: Court cannot take cognizance and record statement of accused without considering acceptance or rejection of “B” Report, Read Judgement

Summons

HC Expounds: When Plaintiff intends to summon Defendant as a Witness, Plaintiff has to make out an exceptional ground for the same, Read Judgment

HC Enunciates: Worker cannot plead for re-instatement to original position before transfer when legality of Transfer Order has not been questioned, Read Judgement

HC Opines: Employer ought not to make recovery of Money from Employee when resulting hardship to Employee would outweigh Employer’s Right to Recover, Read Judgement

Land Acquisition- Real Estate.jpg

HC Opines: An allegation of Land Encroachment raises presumption that Plaintiff is aware of Land Boundaries, Read Judgment

Cheque company director.png

HC Propounds: When financial status of complainant is not challenged by accused, complainant’s capacity to advance loan cannot be questioned by Court, Read Judgement

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

HC Expounds: Delay in filing a petition ought to be condoned when delay was on account of Notice not being served to petitioner, Read Judgement

employee suspension.jpg

HC Enunciates: Workman cannot file an application claiming gratuity when he has questioned his dismissal from the Service, Read Judgement

Lawyer, Civil Case, Court, Advocate,

HC Propounds: Court cannot post an execution petition for an inquiry without recording reasons for the same, Read Judgement

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

HC Expounds: Courts cannot intervene in deciding enlistment of a Community as an SC/ST unless a violation of Constitutional provisions is demonstrated, Read Judgement

Government Jobs.gif

HC Enunciates: If only Candidates hailing from a particular District are provided the opportunity for a District Cadre Post, it amounts to a violation of Article 16, Read Judgement

Labour Accident- Workman Compensation.jpg

HC: Penalty imposed on Insured on account of his failure to pay penalty under Workmen’s Compensation Act is not to be paid by Insurer, Read Judgement

HC Propounds: Court cannot exercise jurisdiction under Section 482 CrPC to order quashing of a Zero FIR, Read Judgement

Murder Case

HC Opines: IPC doesn't recognize ‘injury dangerous to life’ and the same cannot be a basis to invoke Section 307 IPC, Read Judgement

HC Expounds: Court cannot reject a Bail Application without applying judicial mind and recording reasons, Read Judgement

Partition Suit- Family Law- Joint Family- Property.jpg

HC Enunciates: Court cannot reject application for appointment of a Local Commissioner when claim to the Suit Property is non-contentious, Read Judgment

judge with Gavel.jpeg

HC Reiterates: Court cannot look into any fresh material while adjudicating under Section 482 CrPC, Read Judgement

HC Expounds: Inherent power under Section 482 of Cr.P.C. cannot be exercised when petition has been filed like a second revision, Read Judgement

HC Opines: ‘A complaint cannot be filed against the chairman of a cooperative society without impleading the society as an accused’, Read Judgement

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HC Propounds: Bail cannot be granted to a foreigner accused of committing an offense punishable under Section 14 of the Foreigners Act, Read Judgement

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HC Enunciates: When drawer issues a Blank Cheque, any alteration on the body of the Cheque doesn't require consent of the drawer of Cheque, Read Judgement

Lawyer, Civil Case, Court, Advocate,

HC Expounds: Defendant cannot be permitted to change his stand after Cross-Examination of Witnesses based on Written Statement has been done, Read Judgement

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HC Opines: A site cannot be permitted to be retained by Landowner when it has already been allotted to a Vendor, Read Judgement

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HC Reiterates: An amendment of the Written Statement to include a counterclaim cannot be allowed when the trial has come on the stage of framing of issues, Read Judgement

Lawyer, Civil Case, Court, Advocate,

[Order VIII Rule 9 of CPC] HC Propounds: Rejoinder can be filed to explain contentions already taken, but cannot raise a new plea or make out a new case, Read Judgement

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HC Expounds: A change of Counsel can not be a ground to condone delay in filing a Written Statement, Read Judgement

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HC Opines: Suspension of an Employee is not an Industrial Dispute and the order of suspension is not a punishment, Read Judgement

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

HC Enunciates: Verdict of Civil Court shall have precedence over orders passed in proceedings adjudicated by Magistrate under CrPC, Read Judgement

order

HC Propounds: A Quasi-Judicial authority cannot assail a subsequent adjudication where its order has been interfered with by a superior authority, Read Judgement

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[Specific Relief Act] HC Expounds: Section 34 doesn't bar maintainability of a Declaratory Suit because it is without a consequential relief, Read Judgment

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HC Reiterates: Landowners cannot be deprived of property without due process of law even though the deprivation was with their consent, Read Judgment

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HC Opines: An instrumental role in attestation of mutation of a fraudulently obtained Sale Deed doesn't make the person liable to face Trial, Read Judgement

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HC Propounds: For the adjudication of a complaint under Section 138 of the NI Act, the production of the loan account of the accused is not necessary, Read Judgement

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HC Enunciates: When a person is charged with a graver offense but is convicted of lesser offense, the same amounts to acquittal of the serious offense, Read Judgement

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HC Expounds: An able-bodied person cannot escape from paying maintenance to wife on the ground that he has no Income to pay Maintenance to her, Read Judgement

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HC Propounds: A Proclaimed Offender cannot rely upon findings recorded against co-accused for proving his innocence, Read Judgement

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HC Reiterates: An Application under Sec-311 of Cr.P.C. cannot be dismissed on the ground that all Witnesses have been examined, Read Judgement

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HC Enunciates: Defect of non-affirmation on oath gets cured when Witness states, on oath in Witness Box, that contents of the affidavit were true and correct, Read Judgement

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HC Opines: Court will not exercise its powers under Article 227 of the Constitution when petitioner has an alternate remedy, Read Judgement

Breach of Contract

HC Expounds: A Writ Court cannot be approached to grant relief based on an anticipatory Breach of a Contract, Read Judgement

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HC Propounds: Gravity of Offense alleged to have been committed by accused cannot be the sole criterion to reject Bail Petition, Read Judgement

Traffic Laws in India

HC Enunciates: Completion of investigation and presentation of Challan by Police doesn't bar Court’s jurisdiction under Section 482 of CrPC, Read Judgement

HC Reiterates: Confessional Statement recorded under Section 67 NDPS Act will remain inadmissible in trial of an offense under the Act, Read Judgement

HC Expounds: A Partner of the Firm cannot be charged with Criminal Breach of Trust of Property of the Firm, Read Judgement

Hostile Witness/Victim

HC Opines: Evidence of a Hostile Witness is not to be discarded as a whole in the course of the Trial, Read Judgement

HC Propounds: Court cannot exercise its power in a Revision Petition under Section 397 of Cr.P.C. unless there is a patent defect or an error of jurisdiction or law, Read Judgement

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HC Enunciates: For ordering transfer of a case, there has to be a reasonable apprehension of a miscarriage of justice or likelihood of bias, Read Judgement

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HC Expounds: Accused cannot take advantage of a statement made by Victim when Statement was contrary to Chargesheet, Read Judgement

HC Reiterates:High Court exercising power under Sec- 482 of Cr.P.C. cannot examine the truthfulness, sufficiency, and admissibility of Evidence, Read Judgement

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HC Propounds: An application under Section 311 of Cr.P.C. cannot be dismissed on the ground that allowing it would result in filling up a lacuna, Read Judgement

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HC Enunciates: No Offense is made out when a separated wife was made to undergo sexual intercourse on Promise of Marriage when her old marriage persisted, Read Judgement

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HC Opines: Court cannot go into the question of whether proceedings are malicious while exercising jurisdiction under Section 482 CrPC, Read Judgement

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HC Expounds: Employees cannot be kept on different pay scales merely based on different dates of appointment, Read Judgement

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HC Opines: When Government issues a beneficial Transfer Policy, every Employee has a right to be considered under it, Read Judgement

[NDPS Act] HC Propounds: Accused cannot be denied bail solely based on an apprehension that he is likely to abscond and influence the Witnesses, Read Judgement

Appeal

HC Reiterates: When two views are possible, an order of acquittal cannot be set aside merely because Appellate Court finds way of conviction to be more probable, Read Judgement

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HC Enunciates: A Criminal Court cannot take cognizance of an allegation made against the notary touching the official purpose except upon a complaint made in writing, Read Judgement

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[POCSO] HC Expounds: When a person touches a child, there is a presumption under Section 30 that it was with sexual intent, Read Judgement

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HC Propounds: Court cannot condone the delay in filing a petition without issuing a Notice to accused, Read Judgement

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HC Opines: An Application under Order 6 Rule 17 of CPC has to specify the reasons for application and cannot be vague, Read Judgement

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HC Enunciates: Non-adherence to a Settlement by one Party is not a ground for recalling an order by Court under Section 482 CrPC, Read Judgement

Narcotic Drugs Dealer

HC Expounds: The Constitutional guarantee of expeditious trial cannot be diluted by applying the rigors of Section 37 of the NDPS Act in perpetuity, Read Judgement

HC Propounds: When a Complaint has not been listed, it cannot be dismissed for non-prosecution, Read Judgement

Cheque

HC Opines: Filling of a blank cheque by somebody other than the drawer makes no difference to the liability of the accused, Read Judgment

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HC Enunciates: Its not permissible to conduct an inquiry under Section 138 of Cr.P.C. ex-parte in absence of Respondent, Read Judgement

HC Reiterates: A delay in reporting the matter cannot be a ground to quash the FIR, Read Judgment

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HC Opines: ‘A person cannot be granted bail merely because he was on bail throughout the trial and did not misuse the liberty granted to him’, Read Judgement

HC Expounds: Nature and gravity of offenses are relevant considerations to see entitlement of a person for bail and cannot be ignored by the Court, Read Judgement

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HC Propounds: If the Investigating Agency fails to discharge its duty of concluding the trial expeditiously, the accused gets a right to be released on bail, Read Judgment

HC Enunciates: Successive bail application can be entertained by the Court only when a substantial change from the previous application is established by the accused, Read Judgement

Drugs

HC Reiterates: In case of a chance recovery, there is no requirement to comply with the provisions of Section 42 of the NDPS Act, Read Judgement

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HC Expounds: Statement under Sec-164 CrPC cannot be discarded in framing charges against accused even if it was recorded contrary to law, Read Judgment

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HC Propounds: Accused cannot rely on cross-examination of complainant to rebut presumption under Section 139 NI Act, Read Judgement

HC Enunciates: A complainant’s admission that the accused was not liable to pay him rebuts the presumption under Section 139 of the NI Act, Read Judgement

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HC Opines: ‘When consent to sexual intercourse is obtained by deception, it is considered vitiated and there is no consent’, Read Judgement

HC Expounds: Dismissal of a Complaint under Sec- 203 Cr.P.C. doesn't constitute an acquittal and a second complaint on same facts is not barred, Read Judgment

National Medical Commission- Doctors-Hospital

HC Reiterates: The report of the Central Drugs Laboratory supersedes the report of the Government Analyst and is per se admissible without examination of the author, Read Judgement

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[NDPS Act] HC Propounds: Statement made by accused implicating co-accused is sufficient to deny bail, Read Judgment

rape Victims

HC Opines: ‘Presumption under Section 30 of the POCSO Act applies during the stage of bail’, Read Judgement

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HC Enunciates: A testimony of a witness not present at the place of the accident would not be sufficient to prove rash and negligent driving under Section 166 of the MV Act, Read Judgement

HC Expounds: Accused cannot be acquitted merely because prosecution has not complied with requirement of Sec-100(4) of Cr.P.C., Read Judgement

HC Enunciates: Mala fides or bona fides cannot be seen at the stage of exercising jurisdiction under Sec- 482 Cr.P.C., Read Judgement

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HC Expounds: Its mandatory for using a Will in evidence that at least one attesting witness be called in Witness Box, Read Judgement

HC Opines: Candidate cannot be rejected for having indulged in unfair practice without notice or opportunity of hearing, Read Judgment

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HC Reiterates: Confession made by co-accused is inadmissible because of Sec-25 Indian Evidence Act and cannot be used to deny bail, Read Judgment

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SC Enunciates: Dismissing a Complaint by exercising power under Section- 203 CrPC doesn't amount to conducting a Mini-Trial, Read Judgement

HC Reiterates: Merely calling a Woman on phone doesn't satisfy ingredients of Section 354-D unless there is an attempt to foster personal interaction, Read Judgement

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HC Propounds: Period prescribed under Sec-468 Cr.P.C. starts running from day when Drug Inspector comes to know of violation of Drugs Act, Read Judgement

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HC Expounds: Even where rigours of Sec-37 NDPS Act don't apply, bail cannot be claimed as a matter of right, Read Judgment

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HC Enunciates: GST registration of a person cannot be cancelled on subjective criteria, it must be based on some objective criteria, Read Judgement

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HC Propounds: A person not being the drawer of a cheque cannot be prosecuted under S. 138 of the NI Act even if the cheque was issued in discharge of his liability, Read Judgement

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HC Enunciates: When a trademark is indicative of the characteristics of the goods in respect of which it is used, there is no infringement, Read Judgement

Unnao Rape Survivor Charged With Forging Age Certificate

SC Propounds: Manufacturing of documents or fabrication of records cannot be a part of the official duty of a public servant, Read Judgement

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HC Enunciates: Merely challenging one’s termination to a public authority doesn't make termination a subject matter of a petition under Article 226, Read Judgement

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HC Opines: In an application under Section 145(2) NI Act, applicant must disclose proper reasons for seeking an opportunity to cross-examine the Complainant, Read Judgement

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HC Reiterates: A matter should be remanded back by a Superior Court to a Trial Court only when some factual inquiry is required which cannot be done at the appellate stage, Read Judgement

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HC Propounds: Non-appearance for investigation on one or two dates cannot be a ground for cancellation of bail, Read Judgement

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HC Enunciates: When a Trademark is indicative of the characteristics of the goods in respect of which it is used, there is no Infringement, Read Judgement

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HC Opines: Disease detected within a short period after joining Military cannot be attributed to 'Military Service', Read Judgement

HC Propounds: An order denying Right to Travel abroad cannot be passed on mere allegations of Opposite Party, Read Judgement

SARFAESI

HC Enunciates: DRT shall be approached against measures of Secured Creditors under Section 17 SARFAESI Act, Read Judgement

Issue of Cheque Dishonour

HC Enunciates: Liability of a Partner is vicarious and Partnership Firm itself must be impleaded in a proceeding under Section 138 NI Act, Read Judgement

Summons

SC Holds: Voluntary Surrender prevents Custody despite absence of Summoning Order from court after taking cognizance on Chargesheet, Read Order

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SC expounds: If the accused isn't guilty of the predicate offences in section 2(b)(i), prosecuting them under the gangster’s act is unjustified, Read Judgement

Negotiable Instruments Act, pic by: Legalconclave

HC Expounds: A person should have been responsible for the conduct of the business of the company to initiate proceedings against him under Section 141 of the NI Act, Read Judgement

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

HC Propounds: Once a Candidate voluntarily participates in Selection Process, he cannot be permitted to challenge the same after emerging unsuccessful, Read Judgement

Criminal Law

HC Enunciates: Under Section 482 CrPC, court doesn't examine correctness of the allegations, Read Judgment

The statement of an accused would not be admissible under S. 27 of the Evidence Act if the discovery had already been made when the accused gave information, rules SC, Read Judgement

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False explanation of accused under Sec 313 Cr.P.C. cannot be used as an additional link to complete chain of circumstances, opines SC, Read Judgement

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If Accused fails to rebut the presumption under NI Act, Court is not required to assist him in collecting evidence, opines SC, Read Judgement

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Doctor’s opinion based upon probability cannot prevail over ocular evidence of eyewitnesses, rules SC, Read Judgement

Arbitration Award, pic by: blog.ipleaders.in

Arbitral Award can be overturned on the basis of factual discrepancies only if they go to the root of the matter, opines HC, Read Judgement

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Grave and uncorroborated allegations of cruelty against the spouse, unsubstantiated during the divorce proceedings amount to cruelty, rules HC, Read Judgement

Fundamental Right to travel abroad cannot be curtailed only because of failure to pay a bank loan, expounds HC, Read Judgement

Passport of India

Court has power to grant exemption or No Objection Certificate as per provisions of the Passport Act, rules HC, Read Judgment

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When charges are altered, prosecution and accused must be allowed to recall Witness, opines HC, Read Judgement

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SC enunciated: Omission of Ballistic Report is fatal for prosecution if direct evidence lacks credibility or exhibits inconsistencies, Read Judgement

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HC Enunciates: The bar of judicial intervention to direct the temporary release of a detenu does not affect the HC’s jurisdiction under Article 226 to release the detenu, Read Judgement

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SC enunciated: The limitation period mentioned under Section 378 of CrPC does not exclude the applicability of the Limitation Act for condonation of delay in filing an appeal, Read Judgement

Freedom of Press

HC Expounds: Freedom of the press and right to privacy have to be balanced, but public figures are subject to a higher level of scrutiny, Read Judgment

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HC Opines: A Plaint cannot be rejected under OVII R11 CPC on ground that averments in amended plaint are an afterthought or mala fide, Read Judgement

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HC Reiterates: A finding based on no evidence at all or an award that ignores vital evidence is perverse and liable to be set aside on the grounds of patent illegality, Read Judgement

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HC: A Report from Transport Authority that Driver's License was fake would not lead to an inference that Vehicle Owner knew about license being fake, Read Judgement

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HC Opines: Applicant to a Post cannot be categorically granted any relaxation in possessing essential qualifications for the post, Read Judgement

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

SC Expounds: Amendments altering nature of Suit are permissible only if due diligence is proven and not due to oversight and mistake by Party, Read Judgement

HC Expounds: Benefit of doubt arising from any vagueness in prescribed educational qualification would be given to student and not to establishment, Read Judgement

HC Propounds: Failure to mention relevant evidence doesn't entitle a person to file a subsequent Bail Application without a change in circumstances, Read Judgement

HC Propounds: Offence under Section 398 IPC cannot be invoked with the aid of Section 34 IPC on the basis of constructive liability, Read Judgement

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HC Enunciates: An act of wife in trying to turn children against their father is a case of parental alienation amounting to an act of grave Mental Cruelty, Read Judgement

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[Partition Act] HC expounds: The valuation of a property has to be made with reference to the time at which the right arose, Read Judgement

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SC Expounds: Forging Husband’s signature to obtain passport for child doesn't amount to cheating when it confers no benefit upon Wife, Read Judgement

Marriage with distant relative void: HC Upholds Validity of Section 5(v) of the HMA Act 14, Read Judgement

Cheque Bounce

HC Expounds: Admission of signatures would trigger the presumption under Section 139 NI Act but is not sufficient to convict accused under Section 138, Read Judgement

HC Expounds: Mere fact that if immediate expert treatment were available, deceased could have survived is not sufficient to acquit accused, Read Judgement

An order curtailing a person's right to travel abroad cannot be passed without assigning reasons for imposing the restrictions, expounds HC, Read Judgement

SC Reiterates: Mere anger or emotional outbursts without a deliberate intention cannot be considered to be an instigation for suicide, Read Judgement

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HC Opines: A charge sheet issued in departmental proceedings can be quashed by the Court on account of an inordinate delay in the commencement of the proceedings, Read Judgement

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Supreme Court emphasizes close scrutiny in cases of sexual harassment within close confines amidst doubtful testimony, Read Judgement

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SC expounds: Workers performing permanent or perennial tasks will be classified as Regularised workers instead of contractual workers, Read Judgement

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Supreme Court affirms disregard of bill of entry for undervalued subsequent imports compared to previous transactions under Customs Act, Read Judgement

Delhi High Court

HC Enunciates: A borrower cannot avoid its liability on the ground that the lender has not enforced its security interest, Read Judgement

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HC Enunciates: Mere non-filing of returns for a period does not mean that a person’s GST registration can be cancelled retrospectively for the period when returns were filed, Read Judgement

Statement of Accused not admissible if discovery had already been made when accused gave information, expounds SC, Read Judgement

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HC Opines: Misuse of Sec 391 Cr.P.C. to delay proceedings amounts to miscarriage of justice, Read Judgement

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

[NDPS Act] Chargesheet without FSL Report not incomplete: Delhi High Court denies bail, Read Judgment

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