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Lawyersclubindia Judiciary

Kayalulla Parambath Moidu Haji Vs Namboodiyil Vinodan SC: If The Case Involves A Complicated Question Of Fact And Law Relating To The Title, The Court Will Relegate The Parties To The Remedy By Way Of Comprehensive Suit For Declaration Of Title, Instead Of Deciding The Issue In A Suit In Mere Injunction

 09 September 2021


Posted in Others |   187 hits

Sanjay Ramdas Patil Vs Sanjay And Others: Repetition Of OBC Reservation In Mayor Post Cannot Be Termed As A Violation Of Rotation Policy According To The Maharashtra Law

 09 September 2021

The Supreme Court set aside the High Court’s decision and observed that considering the number of municipal corporations in Maharashtra, the chances of repetition of OBC reservation in Mayor’s post cannot be eliminated and as per the Maharashtra law,..

Posted in Others |   196 hits

Mudavath Jyothi Vs The State Of Telangana: It Is Not Enough That Harassment Or Cruelty Was Caused To The Woman With A Demand For Dowry For Section 304-B Of IPC To Be Invoked But It Should Have Happened Soon Before Her Death

 08 September 2021

An important aspect to be established by the prosecution is that there was reliable evidence to show that the woman was subjected to cruelty or harassment by her husband or his relatives, which must be for or in connection with any demand for dowry, ..

Posted in Others |   333 hits

Aman Preet Singh Vs CBI Through Director: Magistrate May Either Give Direction To The Accused To Appear Or Issue Process Of Summons But Shall Not Issue Arrest Warrant When A Charge-Sheet Is Filed Without Adhering To Section 170 Of CrPC

 08 September 2021

The Hon’ble Supreme Court reiterated the principles laid down regarding issue of arrest warrants when an officer-in-charge of a police station or an Investigating Agency like CBI files a charge-sheet without arresting the accused during investigation..

Posted in Others |   267 hits

Somesh Thapliyal Vs Vice-Chancellor, HNB Garhwal University: Employee Not Estopped From Challenging Terms & Conditions Of Employment If It Violates Statutory Requirement

 07 September 2021

In this case, the Supreme Court held that the employee has the right to challenge the conditions if they are not in compliance with the law's statutory requirements. An employee is not estopped from questioning at a point where he feels he has been w..

Posted in Others |   398 hits

Samual Sk Vs State Of Jharkhand And Another:SC Reduces Jail Time Of A Convict Sentenced U/S 498A Of IPC On Condition Of Payment Of Compensation Towards His Wife And Children

 07 September 2021

The Supreme Court took a reformative approach by allowing the plea of the convict, who made a voluntary offer of paying compensation to the victims for a reduced time in jail...

Posted in Others |   223 hits

Smt. Khusbhu Chauhan And Ors Vs State Of UP And Anr: HC Can Quash Proceedings When A Compromise Has Been Made By The Parties

 07 September 2021

The Court in this case clarified that the offences which are not grave in nature and do not affect the society can be quashed by the Court if a compromise has been made between the parties. When the dispute is between private parties, it is inherent ..

Posted in Others |   175 hits

Krishabh Kapoor Vs Sardar Vallabhbhai National Institute Of Technology Surat (2021): Depression Can Be Classified As A Serious Illness In COVID’s Context

 06 September 2021

In this case, the petitioner was a student in the respondent Institute. The Institute passed an order to remove the petitioner from the Institute based on the recommendation of the Academic Performance Review Committee, on the ground that he did not ..

Posted in Others |   262 hits

Mohd Arif Vs State: It Is The Duty Of The Court To Ensure That The Law Does Not Become A Tool For Targeted Harassment

 06 September 2021

In the following case, the Supreme Court granted bail to the five accused in the Delhi riot case...

Posted in Others |   204 hits

Balasubramanian & Anr Vs M Arockiasamy (dead): Question Of Law Doesnot Arise In Abstract: Mere Reference To Facts Does Not Amount To Reappreciation Of Evidence

 04 September 2021

The Supreme Court, in this case, stated that a question of law does not emerge in the abstract but emerges from the merits of the cases. Also, that merely mentioning facts does not imply reappreciation of evidence. ..

Posted in Others |   368 hits

Sri Nagaraj Rao Vs State & Anr (2021): Reason And Application Of Mind Are Impregnable For A Judicial Order To Sustain The Scrutiny Of Law

 04 September 2021

The Second Respondent had established a company after securing a loan from the Karnataka State Finance Corporation. However, on failure of repayment of the loan amount, the concerned property was auctioned off to the petitioner. A complaint was made ..

Posted in Others |   238 hits

Mathew Z Pulikunnel Vs Chief Justice Of India: Remedy Available Under Article 226 In Appropriate Cases, When The Action Of The Chief Justice Is Of An Administrative Nature

 04 September 2021

In this case, the petitioner had filed a plea for an in-house investigation against judicial misconduct of the judges, who presided over his case and ordered the apartment complex where he resided, to be demolished...

Posted in Others |   453 hits

K Ramesh Goud, Hyd Vs Inspector Of Police, ACB, City Range 1, Hyd: Allowance Of Appeals Of Two Officers Accused Of Accepting Bribes Due To Lack Of Material Evidence And Corroboration

 04 September 2021

In this case, the Telangana High Court allowed the appeals of two officers charged with the offence of accepting bribery under the Prevention of Corruption Act, 1988. The appeal was allowed based on lack of material evidence and corroboration on the ..

Posted in Others |   235 hits

Union Of India & Anr Vs S Narasimhulu Naidu (Dead) Through LRs And Ors: SC Reiterates The Applicability Of Doctrine Of Res Judicata Between Co-Defendants

 03 September 2021


Posted in Others |   248 hits

S Sekaran Vs The State Of Tamil Nadu And Ors: Constitution Of Press Council Of Tamil Nadu By Madras HC

 03 September 2021


Posted in Others |   235 hits

Radhakrishna Pillai Vs District Level Authorization Committee For Transplantation Of Human Organs (2021): Criminal Antecedent Of Donor Irrelevant For Organ Donation

 02 September 2021

In the present case, the petitioner was undergoing treatment and needed a donor to transplant his kidney. A close friend of his was ready to donate. Therefore, they applied to the Authorization Committee for granting the permission. However, the conc..

Posted in Others |   337 hits

Salimbhai Hamidbhai Menon Vs Niteshkumar Maganbhai Patel & Anr (2021): Issuing Oral Directions Restraining Arrest Does Not Form A Part Of The Judicial Record And Must Be Eschewed

 02 September 2021

A dispute arose between the two partners of a partnership firm named Calla Associates. The main allegations of the Appellant are that the First Respondent had forged relevant documents and had misappropriated the amount invested by him. The Responden..

Posted in Others |   364 hits

Supertech Limited Vs Emerald Court Owner Resident Welfare Association & Ors: Illegal Construction Has To Be Dealt With Strictly To Ensure Compliance With The Rule Of Law

 02 September 2021

In this case, the Supreme Court upheld the order of the High Court for demolition of the 40 story twin tower because of illegal construction...

Posted in Others |   374 hits

Salamu Nesha @ Salamun Nesa Vs The State Of Bihar (2021): Conviction Merely On The Basis Of Circumstantial Evidence Not Possible

 02 September 2021


Posted in Others |   202 hits

Kalidasu Jaman Srinu Vs The State Of AP: Appreciation And Proper Re-Assessment Of Evidence To Arrive At The Conclusion Is Imperative In A Criminal Appeal

 02 September 2021

In this matter, the accused challenged his conviction by the trial court under Section 374(2) of the CrPC upon the main ground that he had no prior intention to kill or cause any hurt or injury to his wife...

Posted in Others |   150 hits

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