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

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Others Judgments and Orders

Is the interpretation of Section 27 of Indian Contract Act in nature exhaustive or narrow?

 18 June 2020

The court held that the restraint may not be greater than necessary to protect the employer, nor unduly harsh and oppressive to the employee. The court held that even on their part the word ‘leaves’ in clause 10 of the agreement is capable of another..

Posted in Others |   881 hits

Medical Emergency Not An Excuse To Trample On Citizen’s Fundamental Rights Under Article 21 Of Constitution

 18 June 2020

It is most heartening, most refreshing and most comforting to note that the Telangana High Court has on May 20, 2020 in a latest, landmark and extremely laudable judgment titled Ganta Jai Kumar Vs State of Telangana Rep. by Chief Secretary and others..

Posted in Others |   763 hits

Duty of care to establish no significant fault or negligence

 17 June 2020

The CAS held that Standard of proof of how the prohibited substance entered the athletes’ system couldn’t be established by either Kaur or Murmu. Hence the order of the Indian Anti-DopingDisciplinary Panel is set aside and both Kaur and Murmu are ban..

Posted in Others |   731 hits

Suspension of the Hyperandrogenism Regulations for 2 years

 17 June 2020

The CAS ruled that the appeal filed by Ms Dutee Chand on 26 September 2014 against the decision of AFI declaring Ms Chand not eligible to compete under the IAAF’s Hyperandrogenism Regulationsispartially upheld. The suspended these Regulations for a p..

Posted in Others |   749 hits

​Whether maintenance to be awarded could be from the date of the order

 17 June 2020

The court held that the object of grant of maintenance is to afford a subsistence allowance to the wife, who is not able to maintain herself, then the award normally should be from the date of the application. For the court to award maintenance from ..

Posted in Others |   601 hits

​Proceedings under Domestic Violence Act and Section 125 CrPC are independent proceedings

 17 June 2020

It was held that the proceedings under Domestic Violence under the DV Act and Section 125 CrPC are independent proceedings and the learned Magistrate could not assume jurisdiction in a proceeding under section 125 CrPC which was not pending before hi..

Posted in Others |   1254 hits

Whether the Appellate Court was justified in setting aside the order of compensation granted to the petitioner by the Learned Magistrate

 17 June 2020

The High Court held that the determination of compensation has to be rational, to be done by a judicious approach and it should not be an outcome of guesses on arbitrariness. At the same time, it should be remembered that in absence of any evidence o..

Posted in Others |   841 hits

Copyright in question papers

 17 June 2020

The present case deals with the scope of literary works under Section 2 (o) of the Copyright Act. Examination papers are original literary works within the meaning of Copyright law...

Posted in Others |   4034 hits

Certain aspects of individual privacy way back in 1962 when right to privacy was not a fundamental right under Article 21

 17 June 2020

Though privacy was not recognised as a fundamental right back then, the Court prevented State’s invasion into personal matters of an individual by rightfully interpreting the term “personal liberty”. Also, any procedure established by law must be jus..

Posted in Others |   592 hits

Whether contract laborers qualify as direct employees?

 17 June 2020

The Hon’ble Supreme Court held that the Industrial Court ought to have held that the first Respondent was not a direct employee of the Appellant, and rejected the application of the first Respondent...

Posted in Others |   1370 hits

Case Analysis of : Chief Regional Manager, United India Insurance Company Limited

 17 June 2020

In the present case the respondent was not restrained from his duty by any means the responded continued to be absent from work voluntarily...

Posted in Others |   3678 hits

Whether 'Educational Institutions' would come within the meaning of 'Industry'

 17 June 2020

The Hon’ble Supreme Court in the final judgment stated that it could not have been the policy of the Act to treat education as an industry for benefit of a very minor and insignificant number of subordinate staff. Section 2(j) of Industrial Dispute..

Posted in Others |   5580 hits

Hockey India found not to be in contravention of anti-competitive agreements and dominant position

 16 June 2020

The CCI absolved Hockey India from all the allegations entering into anti-competitive agreements and abusing dominant position. It held that there was no contravention of provisions of the Competition Act by the HI however CCI set out a possibility o..

Posted in Others |   2825 hits

IHF was suspended from its recognition under FIH

 16 June 2020

On 28 April 2008, the Indian Olympic Association (“IOA”) temporarily suspended its recognition of the IHF. The IHF has challenged this decision in Indian courts. On 18 July 2008, officials of the FI and the IOA met in Hyderabad, India, and discussed,..

Posted in Others |   549 hits

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

 16 June 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 |   761 hits

Ownership in sound recordings

 16 June 2020

It is clear from the judgment that commissioned work is done under contract for services and that ownership in sound recordings made in the course of the author’s employment under a contract of service or apprenticeship lies with the employer in abse..

Posted in Others |   3580 hits

Rights of composers & lyricist

 16 June 2020

The judgment provided relief to the producers while the composers and lyricists were at the receiving end of hardships. Due to the constant efforts of the music composers, the Copyright (Amendment) Act, 2012 was passed by parliament which protects th..

Posted in Others |   1098 hits

Indian Wrestler banned for 4 years just before the Olympics

 16 June 2020

The panel in the court said that the wrestler failed to satisfy his burden of proof as he couldn’t prove his claim that his energy drink had been intentionally contaminated by a member of Sushil Kumar’s entourage. The panel was also satisfied that th..

Posted in Others |   729 hits

Suspension of the Hyperandrogenism Regulations for 2 years

 16 June 2020

The CAS ruled that the appeal filed by Ms Dutee Chand on 26 September 2014 against the decision of AFI declaring Ms Chand not eligible to compete under the IAAF’s Hyperandrogenism Regulations is partially upheld. The suspended these Regulations for a..

Posted in Others |   544 hits

Whether the court had the jurisdiction and whether the allegation against all the appellants is valid

 16 June 2020

The court held that that in view of Section 27(1) of the DV Act, the Metropolitan Magistrate court, Bengaluru has the jurisdiction to entertain the complaint and take cognizance of the offence and since allegation against the other appellants except ..

Posted in Others |   685 hits