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Judgments and Orders

Allopathic, Dental, Ayurvedic, And Homeopathic Medical Officers To Have Uniform Pay Scale Under National Rural Health Mission Scheme: State Of Uttarakhand & Ors Vs Sanjay Singh Chauhan & Ors

 28 March 2022

The present appeal arose out of the order passed by theHigh Court of Uttarakhand in a writ petition.The order directed the State (here petitioner) to pay and release the salary to the petitioners (here respondents) at par with Allopathic and Dental M..

Posted in Others |   1037 hits

Advocate Needs To Be In Continuous Practice For 7 Years On Date Of Application To Seek Appointment As District Judge: Allahabad HC

 28 March 2022

In sum, the Allahabad High Court has left no stone unturned to make it absolutely clear in this landmark judgment that advocates need to be in continuous practice for 7 years on date of application to seek appointment as District Judge. ..

Posted in Others |   1200 hits

Marital Rape Exemption Can’t Be Absolute And Become A License For Commission Of Crime Against Society: Hrishikesh Sahoo Vs State Of Karnataka & Ors

 26 March 2022

In the present petition by the petitioner (accused), it was prayed to declare that Sections 29 and 30 of the POCSO Act were unconstitutional. They were contended to be violative of Articles 14, 19 and 21 of the Constitution. Further the petitioner wa..

Posted in Others |   1789 hits

Mere Filing Of A Criminal Case Is Not Cruelty And Residing Separately Doesn’t Amount To Desertion: S Shyamala @ Kathyayani Vs B N Mallikarjunaiah

 26 March 2022

The present first appeal under Section 19 of the Family Courts Act, 1984 had been filed by the wife challenging the judgment and decree passed by the Family court wherein the petition filed under Section 13(1) (ia) and (ib) of the Hindu Marriage Act,..

Posted in Others |   1329 hits

DV Landmark Judgments #1: Arvind Singh Vs The State Of Bihar [2001]: Domestic Violence Allegations Can Not Be Sustained Based On A Dying Declaration Made Without The Presence Of The Concerned Doctors

 25 March 2022

In this instant petition, where a young girl passed away due to severe bodily burns and subsequently, the husband and the deceased’s in-laws were convicted under respective sections of the Indian Penal Code and were sentenced to undergo imprisonment ..

Posted in Others |   4263 hits

The Accused Would Be Benefitted Where The Case Of Prosecution Suffers From Material Contradictions And Medical Examination Was Denied: Subrata Pradhan Vs State of West Bengal & Anr

 24 March 2022

The present appeal arose from the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, confirmed by First Court & Special Court under Section 4 of the POCSO Act and Sections 366/376/120B of the Indian Penal C..

Posted in Others |   1925 hits

Sonia Fazal Khan & Ors Vs Union Of India & Anr: Son Can’t Claim Right Or Share In Parents’ Flats While They Are Alive: Bombay HC

 23 March 2022

In this instant petition, the petitioner pleaded before the court that since her husband was in an irreversible vegetative state and is a patient of dementia, the Court may appoint his legal wife (1st petitioner) as the guardian of Fazal’s personal a..

Posted in Others |   3034 hits

A Single Mother Can Validly Provide Her Caste Status To The Adopted Child: Dr Sonal Pratapsingh Vahanwala Vs Deputy District Collector Of Dharavi Division, Mumbai City & Ors

 23 March 2022

The present petition challenged the order passed by District Caste Certificate Scrutiny Committee upholding the order of Deputy District Collector by which the application made by the petitioner for issuance of caste certificate of her caste to her s..

Posted in Others |   1262 hits

Legal Heirs of Deceased Cannot Claim Dual Compensation Under Different Applicable Statutes in Cases of Accident: Prem & Ors Vs Amarjeet Singh & Ors

 22 March 2022

The present appeal challenged a judgment and award by the Motor Accident Claim Tribunal (MACT) by which the petition of claimants was dismissed on the ground that the claimants had already got compensation in a petition filed by them under the provis..

Posted in Others 1 comments |   1337 hits

Amrita Nand @ Tribhuvan Arjariya Vs The State Of Uttar Pradesh And Anr: Competency Certificate Of Child Witness Not Mandatory If He Understands Court's Questions & Answers Rationally: Allahabad High Court In POCSO Case

 21 March 2022

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Posted in Others |   987 hits

Ajay Kumar Rathee Vs Seema Rathee: Father Not Liable To Pay Education And Marriage Expenses Of Daughter Who Is Not Willing To Maintain Ties With Him: Supreme Court

 21 March 2022

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Posted in Others 1 comments |   2494 hits

Nahar Singh Vs State Of Uttar Pradesh: S 190(1)(B) Of The CrPC States That A Judge Can Summon An Unidentified Individual In Police Statement If The Details State That The Person Has A Prima Facie Interference

 21 March 2022

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Posted in Others |   5145 hits

Representation Made By A Public Body Cannot Be A Basis To Invoke Principle Of Legitimate Expectations in Policy Matters: Indian Ex-Servicemen Movement & Ors Vs Union OfIndia & Ors

 21 March 2022

The petition challenged the manner of implementation of “One Rank One Pension” (OROP) policy for ex-servicemen of defence forces by the central government. Instead of an automatic revision of the rates of pension, the revision now would take place at..

Posted in Others |   1158 hits

The Court Held That Welfare Of Children Would Prevail Over The Provisions Of The Personal Laws: Irfan Ur Rahim Khan V Farha Khan

 21 March 2022

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Posted in Others |   968 hits

Alok Shukla And Anr Vs State Of UP And 2 Ors: Courts Cannot Order The Government To Use A Particular Process Of Hiring Or Set Qualifying Criteria For Operations

 19 March 2022

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Posted in Others |   826 hits

Supreme Court Upholds The Tamil Nadu Government’s Order Providing For 50% Reservation For Admission In Medical Super Specialty Courses: Dr N Karthikeyan & Ors Vs State Of Tamil Nadu & Ors

 19 March 2022

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Posted in Others |   956 hits

Sangram Yadav Vs State Of U P And 3 Others: Allahabad High Court Stated That Suspicion Cannot Take The Position Of Proof Even In A Domestic Setup

 17 March 2022

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Posted in Others |   951 hits

Delay In Impleading Liquidator In The Suit Doesn’t Amount To Its Abatement: Concast Steel & Power Limited Vs Sarat Chatterjee & Co & Ors

 17 March 2022

The present petition was filed seeking abatement of a suit as the plaintiff company, having been declared insolvent by National Company Law Tribunal, had gone under liquidation and the liquidator failed to implead himself as a party to suit...

Posted in Others |   1387 hits

Chavi Lal & Others Vs State Of UP & Another: One Can’t Enter Into Marshalling And Appreciate Any Proof Related To A Discharge Plea Under Section 239 Of The CrPC

 17 March 2022

The Allahabad High Court in Lucknow has maintained that when considering a petition for discharge under Section, the Court must only consider whether a prima facie case against the defendant has been established. ..

Posted in Others |   896 hits

Mohsin Salimbhai Qureshi Vs The State Of Gujarat: Delay In Conducting Trial A Significant Considerations While Deciding Bail Applications: Gujarat High Court

 17 March 2022

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Posted in Others |   1039 hits