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Articles by Gautam Badlani

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Right To Privacy Vs Right To Fair Trial: An Analysis In Light Of The Delhi High Court Judgment

  Gautam Badlani   25 January 2022 at 12:40

KEY TAKEWAYS The Supreme Court's Constitutional bench held in KS Puttuswamy v. Union of India that the right to privacy is a part of the right to live with dignity under Article 21 of the Constitution. Thus, right to privacy has now been elevated ..


Posted in Others  2 comments |   1153 Views


The Word Impossible Used In Section 56 Of Indian Contract Act Does Not Merely Mean Physical Impossibility

  Gautam Badlani   20 January 2022 at 17:45

KEY TAKEAWAYS When the performance of the contractual obligations is rendered impossible due to circumstances which are beyond the control of the contractual parties, the doctrine of frustration of contract, envisaged under Section 56 of the Indian C ..


Posted in Others |   2419 Views


Proceedings Can Be Quashed Under 482 CrPC Which Are Prima Facie Bad For Want Of Sanction: Allahabad HC

  Gautam Badlani   17 January 2022 at 09:52

KEY TAKEAWAYS The primary objective of Section 197 is to protect the public servants from frivolous criminal complaints. Thus, this Section protects the public servants from unnecessary harassment Protection can be availed under this Section "on ..


Posted in Others |   1768 Views


Restitutionary Damages Vs Compensatory Damages: Analysis

  Gautam Badlani   20 December 2021 at 15:40

KEY TAKEAWAYS Madras High Court explains the difference between compensatory damages and restitutionary damages. The Court held that an employee is bound by the confidentiality clauses even after the employment is terminated. However, non-compete cla ..


Posted in Others |   2287 Views


Liability To Maintain Child Lies With The Father Till Child's Adulthood

  Gautam Badlani   07 December 2021 at 11:03

KEY TAKEAWAYS Father is liable to maintain the minor child till adulthood: Supreme Court Section 125(b) provides, inter alia, that a father must maintain his minor child irrespective of the child's marital status. Furthermore, Section 125(c) prov ..


Posted in Others  5 comments |   2876 Views


Chapter VII Of Negotiable Instruments Act: Explained

  Gautam Badlani   01 December 2021 at 10:19

KEY TAKEAWAYS Chapter VII of the Negotiable Instruments Act, 1881 (NIA) deals with discharge from liability on notes, bills and cheques. It contains Section 82 to Section 90. Section 82 deals with the methods of discharge of liability. As per this Se ..


Posted in Others  1 comments |   4738 Views


Lawyers Are Social Engineers, Not Mere Professionals Representing Clients: Justice Surya Kant

  Gautam Badlani   30 November 2021 at 15:21

KEY TAKEAWAYS Justice Surya Kant rightly pointed that the quality of legal education in a country represents its commitment to democratic values. Lawyers can ensure that justice is served to even the weakest and most vulnerable sections of the societ ..


Posted in Others  1 comments |   8291 Views


Amitabh Bachchan And Kamala Pasand: An Analysis Of The Laws Relating To Endorsement Agreements And Surrogate Advertisements

  Gautam Badlani   27 November 2021 at 12:53

KEY TAKEAWAYS Amitabh Bachchan terminates his endorsement agreement with Kamala Pasand and issues notice to the brand to take down the advertisements featuring him. Section 5 of Cigarettes and Other Tobacco Products (Prohibition of Advertiseme ..


Posted in Others  1 comments |   1149 Views


Oral Sex With 10 Years-Old Minor Not Aggravated Sexual Assault But Penetrative Sexual Assault

  Gautam Badlani   25 November 2021 at 17:44

KEY TAKEAWAYS Oral sex with minor not aggravated sexual assault: Allahabad High Court The intention of the legislation must be kept in mind while interpreting the provisions of a statute and a provision must be interpreted with the four walls of the ..


Posted in Others |   1655 Views


Rajasthan Rent Control Act: Analysis Of The Playing Level Field

  Gautam Badlani   25 November 2021 at 10:37

KEY TAKEAWAYS The Rajasthan Rent Control Act, 2001 repealed the Control of Rent and Eviction Act, 1950 and was extended to all Municipal Areas by the Rajasthan Rent Control (Second Amendment) Act, 2005. It stipulates the setting up of Rent Tribunals ..


Posted in Others |   19828 Views