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Others Judgments and Orders

Whether daughter is liable to pay maintenance to parents?

 27 May 2020

In the present case the Supreme Court held that the daughter is liable to pay maintenance to parents. It was concluded by the court that a liability on both the son and the daughter to maintain their father or mother who is unable to maintain himself..

Posted in Others |   3850 hits

Whether an appeal against conviction can be challenged against an order of acquittal?

 26 May 2020

In the present case it was clear that a person alleged to be suffering from any mental disorder cannot be exempted from criminal liability ipso facto. The onus would be on the accused to prove by expert evidence that he is suffering from such a menta..

Posted in Others |   755 hits

Neither the judge, nor the accused, nor the petitioner can bargain with the court with regard to the reduction of sentence

 26 May 2020

Courts cannot dispose criminal cases on the basis of plea bargaining, it has to be done on merits. It is the duty of the courts to award proper sentence keeping in mind the nature of offence and the manner in which it was committed. Undue sympathy to..

Posted in Others |   974 hits

Case: Mohammed Mujeeb v. State of Electronic City PS

 25 May 2020

The Karnataka High Court held that the case is not fit to grant bail, and the petition was dismissed. The single judge bench pointed out that the petitioner is an educated man and is aware of his consequences of his acts. His contents was likely to c..

Posted in Others |   852 hits

Beauty aids resulting in 'Positive tests'

 25 May 2020

Several Articles and Provisions of the WADA code related to the presence of the prohibited substances in the system of the concerned athlete and costs incurred in these proceedings along with the period of ineligibility were read and applied in the p..

Posted in Others |   1003 hits

Whether an Article II court can pass an order requiring the government to develop a plan to regulate fossil fuel emissions

 25 May 2020

This climate change lawsuit could have been a potential landmark Law Suit, provided the plaintiffs won. The initial ruling by Judge Aken, considering a person’s access to a ‘climate system capable of sustain human life’ as a constitutional right was ..

Posted in Others |   734 hits

Whether an earning spouse can claim maintenance under Section 125 of Cr.P.C?

 25 May 2020

The Hon’ble Supreme Court said that where the husband had placed material to show that the wife was earning some income it is not sufficient to rule out the application of Sec. 125 Code of Criminal Procedure. It has to be established that with the am..

Posted in Others |   1092 hits

Whether the Court has power to summon an accused not named in FIR?

 25 May 2020

R.D. Sharma, the Project Director of a scheme under the Mahatma Gandhi National Rural Employment Guarantee Act filed a complaint against One Rahul Yadav, a Junior Clerk in the Amroha Office and one Omkar Singh alleging that they had embezzled an amou..

Posted in Others |   836 hits

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 |   1077 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 |   900 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 |   803 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 |   608 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 |   869 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 |   1078 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 |   1027 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 |   935 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 |   2198 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 |   1271 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 |   3111 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 |   901 hits







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