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

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Others Judgments and Orders

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 |   1105 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 |   1063 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 |   979 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 |   2263 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 |   1307 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 |   3162 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 |   955 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 |   858 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 |   616 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 |   1072 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 |   966 hits

Consent for additional surgery is Essential

 19 May 2020

The court acquitted Dr. Prabha Manchanda of all the charges framed against her for negligence. The respondent having found endometriosis, processed removal of uterus and ovaries in order to provide a permanent relief to the appellant. The surgery cou..

Posted in Others |   1380 hits

Rejection of the new sports code

 19 May 2020

The Indian Olympic Association (IOA) has rejected the latest draft of the National Sports Code, as well as raising concerns regarding many of the articles in the newly drafted draft. The 2011 National Sports Code is still in place but in 2017 a new N..

Posted in Others |   707 hits

BCCI is not State within the meaning of Article 12

 18 May 2020

Zee Telefilms had bid for telecast rights for certain tournaments which had been cancelled by BCCI. Against this, Zee Telefilms filed a Writ Petition under Article 32 of the Constitution of India on the ground that the Board being recognized by the U..

Posted in Others |   6462 hits

Compensation of 1 crore for medical negligence

 18 May 2020

The court held Nizam Institute of Medical Sciences and its doctors liable for the charges framed against them for negligence. The court found that the surgery had neurological implications and it should have been conducted under the presence of a neu..

Posted in Others |   2133 hits

Mahmood Farooqui vs. State (Govt Of Nct Of Delhi)

 18 May 2020

The Delhi High Court, for crimes related to sexual harassment, including the current consent clause, did not follow the values and the enforcement of the law as adopted in 2013. Rather, the court was more confident applying section 90 of the Indian P..

Posted in Others |   6023 hits

Conviction of the appellant under section 363 of the Indian Penal Code [Take out of keeping of the lawful guardian]

 13 May 2020

The court stated that after pointing out that there was an essential distinction between the words "taking" and "enticing" it was no doubt observed that the mental attitude of the minor was not of relevance in the case of taking and that the word "ta..

Posted in Others |   1093 hits

IPC [S.302] - Mitigating factors and Death sentence - Santosh Kumar Singh vs. State through CBI (2010) 9 SCC 747

 13 May 2020

The Court identified that when a decision with regard to sentencing is to be chosen between death sentence and life imprisonment, the philosophy underlying “rarest of the rare” principle only demands the imposition of a lesser punishment. The Bench g..

Posted in Others |   1972 hits

Jessica Lal Murder Case

 12 May 2020

In the light of the above discussion, on 19 April 2010 the court held that the prosecution has established its case beyond doubt against the appellants and were in agreement with the conclusion arrived at by the High Court...

Posted in Others |   2161 hits

Conviction of the appellant under section 363 of the Indian Penal Code

 12 May 2020

The court was satisfied, upon the material on record, that no offence under S. 363 had been established against the appellant and that he is, therefore, entitled to acquittal. Accordingly they allowed the appeal and set aside the conviction and sente..

Posted in Others |   1197 hits