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Case Analysis

DNA Tech

HC: A Court cannot Order a DNA Test as a Matter of Course [Read Judgment]

Supreme Court, Dowry.jpg

SC: Offence of Dowry is a Offence against the Society, who commits such act shall be Dealt with Iron Hands [Read Judgment]

Religion- Religious Place to Workship.PNG

HC: Court to exercise jurisdiction u/S. 92 CPC, there must be factual finding to show the Trust was a Public charitable or a Religious Trust [Read Judgment]

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HC: Head Cooks & Cooks under Mid-Day Meal Scheme does not fall within the Purview of Minimum Wages Act [Read Judgement]

Travel Abroad, pic by: Lyonstate

HC reiterates Article 21 of the Constitution Includes Right to Go Abroad [Read Judgment]

Right of Employee to Pension is a Constitutional Right, it's a deferred Salary, Read HC Order

Child Custody 1.png

HC: Custody orders are always interim in nature and are liable to be modified considering the interest of the child [Read Judgment]

HC: Non-recovery of contraband from petitioner’s possession cannot lead to presumption of his innocence [Read Order]

Witness Box.jpeg

HC: Court cannot reject a request for putting a particular document to a witness on ground of no indication of date [Read Judgment]

Court Settlement

HC: Once a settlement reached and parties act upon the same, no party having benefitted can back out from the same later [Read Judgment]

Income Tax Returns

HC: S. 79 of the I.T. Act would include exclusion from criminal prosecution, unless the disclosure of an active role in the offence [Read Judgment]

Documents at Trial Stage in Court.jpg

Preliminary Issues are to be decided only on Legal Points irrespective of Factua...

Mediation

SC: India lack Mediation Infra, we need dedicated Mediation Bar, Read Judgement

Cheque Cases

Sec.139 NI Act Presumption is strengthened if Accused do not deny issuance of Ch...

Punjab and Haryana High Court

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

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

[SC/ST Act] HC: Order taking cognizance & issuing summons is appealable as it is an 'Intermediate Order', not 'Interlocutory Order [Read Judgment]

Lawyer,advocate.jpeg

Intended To Blackmail Leaseholders: HC levies Rs 50,000 fine on litigant over sand quarry lease [Read Judgment]

Dying Declaration, pic by: youtube.com

[Multiple Dying Declaration] SC: Court should considered one which does not Raise Question about its Truthfulness [Read Judgment]

HC expounds Person who is not a candidate may not... ...

Can a Women be denied Child Care Leave if her Husb... ...

HC: An unqualified Person given an Ad-hoc Appointm... ...

‘Murder Not Premediated’: HC modifies conviction o... ...

HC refuses to Quash POCSO Case filed against a Tea... ...

HC quashes FIR against 'Jai Bhim' actor Suriya, di... ...

Any Person carrying out Public Duty is covered und... ...

[Court Fees Act, 1870] HC: If a Suit is for Recove... ...

HC: A Statutory Definition in One Context cannot b... ...

Clerk- Employee.jpg

Relaxation in years of service/ qualification granted to employees does not construe that the principle of merit cum seniority was not followed: High Court

Documents at Trial Stage in Court.jpg

[Section 465Cr.P.C]- Any error, omission or irregularity in granting sanction will not affect any finding, sentence or order unless there is miscarriage of justice: High Court

Police Protection to Couples- InterCaste Marriage.jpg

Summons/ Notices under Sec-160 Cr.P.C. can be issued by the Investigation Officer: High Court [Read Judgement]

Maintenance amount once fixed under Sec-125(1) Cr.P.C. can be changed subject to altered circumstances: High Court

Court cannot embark upon testing evidence while considering petition under Section 482 Cr.P.C: High Court

HUF

HC: Non-alienating coparceners have right to file a suit for possession against the purchaser who purchased an undivided share of an alienating coparcener

Court Settlement

FIR should be quashed only when settlement agreement executed/ compromise reached between victim and offender freely and voluntarily: High Court

Property Dispute- Settlement.jpg

Valuation of suit has to be decided primarily with reference to the relief/reliefs claimed and not market value of the immovable property: SC [Read Judgement]

JUDGE-875

The law of the land weighs in the favor of the public interest over certain individual interest: Delhi High Court

Arbitration agreement

HC: Part of the arbitration agreement deciding venue of the proceedings would be read as distinct and independent [Read Judgement]

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

A suit cannot be summarily decreed at the instance of a plaintiff unless such plaintiff satisfies the court that the suit claim stands duly proved: High Court

Bank Guarantee.jpeg

HC: Can't interdict unconditional bank guarantee if fraud of an egregious nature in commercial contract can't be proved [Read Judgement]

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

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

Judge, Mobile.jpg

HC reiterates Judges cannot be experts in all fields, and the opinion of experts cannot be supplanted by a Court overstepping its jurisdiction [Read Judgment]

POCSO-Act

HC observes POCSO victim should not be traumatized again by re-living the incident/ Court proceedings which could be triggering for victim [Read Order]

Handcuff- Arrest- Bail.jpg

[Article 21 of the Constitution] HC: Mere Violation of Bail Condition Alone is not Sufficient to Cancel the Bail [Read Judgment]

Murder Case

SC Explains: Concept of Grave and Sudden Provocation, Long History of Abuse not covered, Read Judgment

Order

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

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

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