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Judgments and Orders

Supreme Court: An arbitral award can be set aside if it is "Patently illegal"

 25 May 2020

In the case of PATEL ENGINEERING LTD.VERSUS NORTH EASTERN ELECTRIC POWER CORPORATION LTD. (NEEPCO) (SLP 577 OF 2020), the High Court of Meghalaya passed an order declining to review petitions filed by the petitioner on the ground that there was a del..

Posted in Others |   1108 hits

Madras HC quashes complaints of criminal defamation filed under section 199(2) of CrPC: The state cannot use criminal defamation cases to throttle democracy

 25 May 2020

Madras High Court in the case of N.Ram and ors. vs UOI and ors., quashed the complaints filed in 2012 against a group of editors and journalists alleging “criminal defamation against the state” in few reports against J Jayalalitha, the then Chief Min..

Posted in Others |   927 hits

Typographical error doesn't vitiate the whole doping trial

 23 May 2020

The Arbitrator found that the errors that were alleged were purely typographical and cannot be assumed to have had an impact on the integrity of the tests that were conducted. These errors were not so fundamental that they require action against the ..

Posted in Others |   819 hits

Whether a coal mine project could be declined by the government on the basis on climate change consequences and other environmental factors

 23 May 2020

On December 19, 2017, The Minister of Planning was sued by Gloucester Res. Ltd. for the refusal of the application for the Rocky Hill Coal Project (open-cut coal mine)...

Posted in Others |   642 hits

Whether a direction can be given under Section 133 by the magistrate, if the nuisance is not deteriorating public sanctity?

 23 May 2020

It was held by the Gujarat High Court that the magistrate shall have to keep in mind that if the nuisance is not created at a public place no direction can be given under Section 133. Section 133 of the Code of Criminal Procedure provides that, "When..

Posted in Others |   891 hits

Accident compensation-employees income should be accessed without deduction of allowances SC

 22 May 2020

Principles related to calculation of compensation laid down by the Constitution Bench in case of National Insurance Company Limited v. Pranay Sethi were discussed and applied in the case Triveni Kodkany vs Air India Ltd & others..

Posted in Others |   1095 hits

Article 226 and Internal Governance of Sports

 22 May 2020

The court was of the opinion that, ‘BCCI has its own constitution and functions within its own rules and regulations. The petitioner has no legal right enforceable in a writ proceeding and the petitioner not having any contractual right, there could ..

Posted in Others |   1043 hits

Secondary Evidence

 22 May 2020

In the judgment of the case- Jagmail Singh & Another v. Karamjit Singh & Others, delivered on May 13, 2020, a division bench of the Supreme Court consisting of Justice Navin Sinha and Justice Krishna Murari have held that in view of the factual situa..

Posted in Others 1 comments |   970 hits

Issue of protection of people at care homes

 21 May 2020

The Supreme Court has taken proactive steps to issue guidelines for ensuring protection of people at such crowded shelters...

Posted in Family Law |   1103 hits

Unfair disposition or unjust exclusion of legal heirs in a will can be regarded as a suspicious circumstances: SC

 21 May 2020

The court examined the other circumstances and concluded that the Will in question was surrounded by various suspicious circumstances which are material in nature and have gone unexplained. The appeal was therefore dismissed with the cost of Rs. 50,0..

Posted in Others |   2253 hits

Principle of Unjust Enrichment or Unfair Competition

 21 May 2020

The Court found that the plaintiff does not have a claim for an injunction based on the principle of unjust enrichment or unfair competition. The plaintiffs claim on injunction on all accounts cannot be granted and are precluded statutorily, The Sing..

Posted in Others |   1291 hits

Ingredients of an offence under IPC 494 (Bigamy)

 21 May 2020

Whether the second marriage entered into by appellant with the second accused Kasturi, was a valid marriage under Hindu Law so as to constitute an offence under section 494 of the Indian Penal Code...

Posted in Others |   3136 hits

Issue of Remote hearing in child care matters

 20 May 2020

The Supreme Court has issued guidelines for remote hearing of cases in Suo Motu Writ (Civil) No.5/2020 Re: Guidelines For Court Functioning Through Video Conferencing During Covid-19 Pandemic. The guidelines aim at reducing the conventional practices..

Posted in Family Law |   960 hits

Nithari Killings

 20 May 2020

Two Nithari residents claimed in December 2006 that they knew where the remains of children who had gone missing in the previous two years were located: the municipal water tank behind the building. Both had missing daughters and they suspected Surin..

Posted in Criminal Law |   3190 hits

Sports Arbitration

 20 May 2020

The panel was satisfied to accept that a simple internet search would have revealed that Decadurabolin contains Nandrolone and that it is an anabolic steroid, but that the Player did not take any such precaution. Likewise, the Player does not contend..

Posted in Others |   935 hits

Special laws prevail over general laws

 20 May 2020

The Calcutta high court held that the right of the central government for appointing an Arbitrator stands forfeited as the plaintiff invoked his power under Section 11 of the Arbitration Act. ..

Posted in Others |   848 hits

Court's express concern over plight of migrant workers: Arduous journey back home

 19 May 2020

Even after the orders and directions given by various High Courts and the apex court, the fatalities among this vulnerable section have not stopped. On 16th May a road accident claimed the lives of 35 migrant workers where in one incident two trucks ..

Posted in Others |   608 hits

POCSO act will cover adults who faced sexual harassment as a minor: Andhra Pradesh HC

 19 May 2020

Andhra Pradesh High Court delivered a major verdict ruling that if a minor has been a victim sexual harassment till majority or files a case in the matter after attaining majority, the accused in such cases must be tried under the Protection of Child..

Posted in Others |   1049 hits

Attempt to commit suicide [Section 309 IPC]

 19 May 2020

A woman of age 20 years was tried for sec 302 and 309 of the Indian Penal Code. She wanted to go to her parental home, because her husband gave a beating to her. Therefore, she left matrimonial house in the night. While running, she turned around in ..

Posted in Others |   945 hits

Whether it is the right of a woman to reside in her matrimonial house

 19 May 2020

The court held that the woman had a right to reside in her matrimonial home or shared household. It stated that the object of the Domestic Violence Act was enacted to secure the right of a woman to reside in her matrimonial home. The court also state..

Posted in Family Law |   1307 hits