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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Others Judgments and Orders

Whether Tandava dance performed by the Ananda Marga group in streets forms an essential religious practice under Article 25 of the Constitution of India

 22 June 2020

The rights guaranteed under Articles 25 and 26 are always subject to public order, morality and health. Since Tandava dance performed by the petitioner’s group in the present case was against public order and morality the Court obstructed their perf..

Posted in Others |   5240 hits

Right to profess practice propagate religious believes guaranteed under Article 25 of the Indian Constitution

 22 June 2020

Not all religious practices are obligatory only those which form the core principle of the religion becomes obligatory in nature. And only such practices are given protection under Article 25 of the Constitution. ..

Posted in Others |   1172 hits

Whether exclusion of judicial review under Article 226 of the Constitution amounts to violation of basic structure doctrine

 22 June 2020

Though the Court upheld the validity of Article 323A and various provisions of the Administrative tribunals Act in Sampath Kumar v. Union of India, the decision was overruled by the SC in the case of L. Chandra Kumar v. Union of India holding that, j..

Posted in Others |   535 hits

Whether date of retirement can be a valid ground to decide the amount of pension

 22 June 2020

Article 14 of the Indian Constitution guarantees equality among equals. Classifying a group of pensioners who did the same work on basis of retirement date is pure discrimination under Article 14. Hence the Rules were rightly struck down in the pre..

Posted in Others |   621 hits

The Controversial Malkani Case

 22 June 2020

It was held that tape record of a relevant conversation is a relevant fact and is admissible. Tape recorded evidence is res gestae. It is also comparable to a photograph of a relevant incident. ..

Posted in Others |   4691 hits

The Poultry business was a joint venture and not the sole proprietary

 22 June 2020

The court held that the business was a joint venture and not the sole proprietary concern of the Appellant No. 1. There is no document in writing to prove partnership. Accounts had not been demanded by the plaintiffs or the defendant no. 3 for a long..

Posted in Others |   800 hits

Rajasthan HC: Change of lawyer not a valid ground u/s. -311 cr.p.c. for again cross examining the prosecutorix

 21 June 2020

In the case of Mukesh Kumar v. the State of Rajasthan, a petition was filed under Section 482 Cr.P.C. by the petitioner against the order dated 20.08.2018 passed by the trial court, whereby, the application filed by the petitioner under Section 311 ..

Posted in Others |   542 hits

Whether DV act proceedings can be initiated against grandsons to claim monetary and medical relief

 19 June 2020

The High Court held that the Grandsons would have been liable to pay maintenance to grandmother under Sections 22(1) of the Hindu Adoptions and Maintenance Act, 1956, provided that their father had not been alive and not capable of paying maintenan..

Posted in Others |   698 hits

Violation of principles of natural justice by BCCI Commissioner under Rule 38

 19 June 2020

Rule 38 of BCCI Rules was examined and it was held that it only stipulated the creation of a committee and not a Commissioner to inquire concerning the procedure for conducting proceedings in case of misconduct, hence the appointment of commissioner ..

Posted in Others |   744 hits

Mortgage debt found to be for valuable consideration. not hit by s9A(10)(ii)(b)

 19 June 2020

Following the order of the High court, it was held that the family transferred the mortgage interest in trust to the charity for valuable consideration within the meaning of s. 9-A(10)(ii)(b) of the Act and the mortgage deed was not liable to be scal..

Posted in Others |   2659 hits

Triple Talaq Case

 19 June 2020

The Court however chose to examine the issue of ITT alone. The Union of India supported the petition. Among the others who intervened in this case, the All India Muslim Personal Law Board and the Jamiat Ulema-e-Hind argued that the Court did not have..

Posted in Others |   744 hits

Exception 2 to Section 375 of the IPC is violative of Article 14, 15 and 21 of the Constitution of India

 19 June 2020

In its judgement, the Supreme Court held that the Exception 2 to Section 375 of the IPC (in so far as it relates to a girl child below 18 years) was liable to be struck down as it was violative of Article 14, 15 and 21 of the Constitution of India as..

Posted in Others |   2303 hits

Copyright in ideas, plots or themes?

 19 June 2020

The present judgment is a landmark decision of the Supreme Court of India in the field of copyright law.The case is concerned with a copyright infringement suit against the movie New Delhi made by Mohan Sehgal in 1954...

Posted in Others |   2587 hits

Performer’s rights under copyright law before 1994 amendment

 19 June 2020

Until the 1994 amendment, no performers right were available to the performer under the Copyright Act, 1957. The only reason why the performance of a performer was not protected under the copyright Act was that it was not a ‘work’ within the definiti..

Posted in Others |   4071 hits

Doctrine of Privity of consideration is not applicable in the Indian context

 19 June 2020

The Hon’ble Court observed that according to section 2(d) of the Indian Contract Act (1872), it is clear that in a valid contract the consideration need not flow from the promisee only. It could flow from any other person who is not a party to such c..

Posted in Others |   1489 hits

Dunlop cannot claim for damages as the contract was hit by doctrine of Privity

 19 June 2020

The court unanimously held that Dunlop Tyres Ltd. Could not claim for damages in this case. It observed that firstly, only a party to the contract can file a claim. Secondly, there was no consideration flowing from Dunlop to Selfridge hence there was..

Posted in Others |   952 hits

Person shall entitle for admission as per qualification in each and every test held by authority in institute

 19 June 2020

The court dismissed the Petition and held that a person shall be entitled for an admission as per qualification in each and every test held by authority in institute...

Posted in Others |   575 hits

Violation of principles of natural justice by BCCI Commissioner under Rule 38

 18 June 2020

Rule 38 of BCCI Rules was examined and it was held that it only stipulated the creation of a committee and not a Commissioner to inquire concerning the procedure for conducting proceedings in case of misconduct, hence the appointment of commissioner ..

Posted in Others |   679 hits

Copyright Protection For Slogans

 18 June 2020

It is concluded from the present judgment that slogans used in advertising are prima facie not protectable under the Copyright law. However, they may be protected under the law of passing off...

Posted in Others |   2288 hits

If the agreement of employment puts a restriction on employee to not to work anywhere else, is such agreement void or not under Section 27?

 18 June 2020

The court held that appellant received training for about nine months and during that time period the information regarding the special processes and machinery of collaborators had been learned by him.Soon the Rajasthan Company started producing tyre..

Posted in Others |   4167 hits