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Case Analysis

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HC: No bar in reference of a Dispute to Arbitration even if there is no Arbitration Agreement, Read Judgement

Domestic Violence

Offences committed beyond Indian Territory by Indian Citizens can be tried in India, HC refuses to quash FIR in DV Case [Read Judgement]

Unaided Schools cannot violate Fundamental Rights of Students to seek Proper Education, Read HC Judgment

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HC Explains: Twin Conditions required to be established before MACT to seek Compensation, Read Judgment

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Right to choose Life Partner does not justify Elopement, agony and pain it causes to Parents in immense, Read HC Judgment

Taxes

[Income Tax Act, 1961] HC reiterates Notice u/S 148 against a dead person is null and void [Read Judgment]

Economic Slowdown

HC: Allegations of grave economic offences alone cannot be dispositive of a bail application [Read Judgment]

order

[Workmen’s Compensation Act] HC: In proceedings before the Commissioner, the provisions of Code of Civil Procedure and Evidence Act are not applicable [Read Judgment]

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HC Discretionary orders of the Trial Court, passed within its jurisdiction, cannot be interfered with under Article 227 [Read Judgment]

Filing of Taxes

[Income Tax Act, 1961] HC remands a matter back to the Assessing Officer for a fresh decision [Read Judgment]

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HC reiterates mistakes that do not prejudice any other person, should be permitted to be rectified [Read Judgment]

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There is a serious lacuna in conduct of departmental proceedings in not examinin...

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SC: Word ‘ordinarily’ in isolation interpreted by HC without taking recourse to...

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SC: If a man and a woman live together for long years, there would be a presumpt...

order

Apex Court: Accused need not prove the existence of private self-defence beyond reasonable doubt [Read Judgment]

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SC: Conflicting orders passed by NGT and High Court would lead to an anomalous situation [Read Judgment]

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SC expounds Child custody cannot be decided based upon Age, income, and Bigger Family [Read Judgment]

Jails

SC: Only because motive is established, the conviction cannot be sustained; prosecution failed to prove the case beyond reasonable doubt [Read Judgment]

SC: GCTOC Act cannot be invoked if only one charge... ...

SC: No justification for denying the arrears of pe... ...

Can a Employee be Punished on the basis of a Preli... ...

SC Explains: How to establish Plea of Self Defense... ...

Can GST be demanded if Services were provided Abro... ...

Can a Conviction be sustained even if Rape Victim... ...

Landmark Guidelines: No Arrest after FIR under Sec... ...

HC: Matrimonial case should be quashed if Husband-... ...

HC: Court is not supposed to force parties to enga... ...

HC reiterates Woman can be granted Bail for Non-Bailable offence even if it is punishable with life sentence/death sentence [Read Judgment]

HC expounds Right to claim Maintenance under DV Act & U/S 125 CrPC not mutually exclusive [Read Judgment]

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SC: Age, Income, and Size of the Family not the sole criteria for deciding custody of the Child [Read Order]

HC expounds Summoning of Accused a serious matter, criminal law cannot be set into motion as a matter of course [Read Judgment]

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HC: Right To Education under RTE Act cannot be unconditionally enforced against private unaided schools [Read Judgment]

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[Matrimonial Disputes] HC: Quashing is welcome as it shows that parties have decided to put an end to the lis as well as to the misery they undergo [Read Judgment]

HC expounds appointment of guest lecturers on large scale without regular appointments likely to make ‘Huge Dent’ on quality of education [Read Judgment]

HC: FIR lodged by Wife after being thrown from her Matrimonial Home cannot be treated as Cruelty (Read Order)

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HC: ‘General Category’ is open to all meritorious candidates including those who belong to ‘Reserved Category’

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HC awards Gratuity to ex-Bank Manager caught up in Disciplinary Proceedings, noting failure to quantify loss & delay in action

HC orders nominal costs of Rs.3 lakhs for infringement of the Trademark “UBON” [Read Judgment]

HC reiterates Economic offence constitutes a class apart and needs to be visited with a different approach in the matter of bail [Read Judgment]

Trademark

HC reiterates Plea of honest and concurrent use of an identical trademark cannot be used defence to a charge of infringement [Read Judgment]

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HC: Absolute bequest made; subsequent bequest qua the same property in the same will to other persons will be of no effect [Read Judgment]

Delhi High Court

HC: Right to invoke Arbitration under the subject agreements cannot be deemed to be waived by merely filing a written statement [Read Judgment]

order

HC: Merely because CBI initiated its process despite pendency of an Anticipatory bail application, it does not bar the consideration of the same [Read Judgment]

Insolvency and Bankruptcy Cases, pic by: Business Today

HC reiterates proceedings under the IBC would take precedence and bind the proceedings under the Arbitration Act [Read Judgment]

Agreement

HC reiterates S.148 of N.I. Act can be applied retrospectively [Read Judgment]

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HC observes purpose of contempt jurisdiction is to uphold the majesty and dignity of the courts of law [Read Judgment]

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