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Others Judiciary

Radhakrishna Pillai Vs District Level Authorization Committee For Transplantation Of Human Organs (2021): Criminal Antecedent Of Donor Irrelevant For Organ Donation

 02 September 2021

In the present case, the petitioner was undergoing treatment and needed a donor to transplant his kidney. A close friend of his was ready to donate. Therefore, they applied to the Authorization Committee for granting the permission. However, the conc..

Posted in Others |   791 hits

Salimbhai Hamidbhai Menon Vs Niteshkumar Maganbhai Patel & Anr (2021): Issuing Oral Directions Restraining Arrest Does Not Form A Part Of The Judicial Record And Must Be Eschewed

 02 September 2021

A dispute arose between the two partners of a partnership firm named Calla Associates. The main allegations of the Appellant are that the First Respondent had forged relevant documents and had misappropriated the amount invested by him. The Responden..

Posted in Others |   1161 hits

Supertech Limited Vs Emerald Court Owner Resident Welfare Association & Ors: Illegal Construction Has To Be Dealt With Strictly To Ensure Compliance With The Rule Of Law

 02 September 2021

In this case, the Supreme Court upheld the order of the High Court for demolition of the 40 story twin tower because of illegal construction...

Posted in Others |   2490 hits

Salamu Nesha @ Salamun Nesa Vs The State Of Bihar (2021): Conviction Merely On The Basis Of Circumstantial Evidence Not Possible

 02 September 2021

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Posted in Others |   559 hits

Kalidasu Jaman Srinu Vs The State Of AP: Appreciation And Proper Re-Assessment Of Evidence To Arrive At The Conclusion Is Imperative In A Criminal Appeal

 02 September 2021

In this matter, the accused challenged his conviction by the trial court under Section 374(2) of the CrPC upon the main ground that he had no prior intention to kill or cause any hurt or injury to his wife...

Posted in Others |   469 hits

Subed Ali Vs The State Of Assam: U/S 34, Active Participation Is Not Essential If The Nature Of Evidence Displays A Pre-Arranged Plan And Acting In Concert Pursuant To The Plan

 02 September 2021

In this case, the Supreme Court upheld the judgement of the lower court and asserted that for conviction under Section 34, it is not essential to show the physical activity of assault. The existence of mens rea in furtherance of a common intention is..

Posted in Others |   1358 hits

Osians Connoisseurs Of Art Pvt Ltd Vs SEBI & Anr: Collective Investment Scheme Can Be Floated Only In The Form Of A Collective Investment Management Company

 02 September 2021

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Posted in Others |   861 hits

The State Of Madhya Pradesh Vs Amit Shrivas: Compassionate Appointments Have To Be In Terms With The Applicable Policy As Existing On The Date Of Demise Unless A Subsequent Policy Is Made Applicable Retrospectively

 02 September 2021

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Posted in Others |   482 hits

Valo Automotive Pvt Ltd Vs Sprint Cars Pvt Ltd & Ors: Court May Grant Leave To Amend The Claim Or File New Documents Not Filed With Plaint At The Initial Stage

 02 September 2021

In this case, the plaintiff challenged the order of the commercial court that denied them leave to amend/enhance the claim in the plaint and also barred them from producing new documents to support their contentions...

Posted in Others |   961 hits

Murthy VK Vs The State By The Inspector Of Police: Economic Offences Constitute A Class Apart And Need To Be Visited With A Different Approach In The Matters Of Bail

 02 September 2021

The following is a bank fraud case, which enshrines that bail must not be granted mechanically in such cases, but upon the facts and circumstances and the magnitude of the offence...

Posted in Others |   404 hits

HDFC ERGO General Insurance Co. Ltd. Vs Mukesh Kumar: Process Of Determination Of Motor Accident Compensation Cannot Be By A Continuing Mandamus, It Must Take Place In One Go

 02 September 2021

In the instant case, the High Court allowed an appeal filed by the claimant and directed that he would be supplied with good quality and lifetime warranty-based prosthetic limb. It was further directed that the insurance company would bear the cost o..

Posted in Others |   651 hits

Ayush Poddar Vs State Of Chattisgarh: Charges Can Be Quashed In Matrimonial Dispute And Dowry Case In Case Of Amicable Settlement Between The Parties So As To Prevent Abuse Of Law

 02 September 2021

In the present case, the petitioner and the respondents were husband and wife. The respondent had lodged an FIR against the petitioner u/s 498-A and 34 of IPC. Further, the parties have amicably settled their disputes and taken divorce. Thereafter, t..

Posted in Others |   350 hits

Shiv Dayal Singh & Anr Vs State Of UP And Anr (2021): Allahabad HC Allowed An Application Of Section 482 Cr.PC Of A Non-Compoundable Offense

 02 September 2021

In the present case, the applicant and the opposite parties were husband and wife. The opposite party filed a complaint against the applicant under section 498-A of IPC. During the pendency of the case, the parties settled their matter amicably. The ..

Posted in Others |   401 hits

Santosh S/O Hari Kadam And The State Of Karnataka (2021): Default Bail Cannot Be Sought Merely On Non-Filing Of Supplementary Chargesheet Within The Prescribed Time

 02 September 2021

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Posted in Others |   809 hits

CBI Vs M/S Bhushan Power And Steel Limited & Ors (2021): Magistrate Has The Power To Permit Officer Below Inspector’s Rank To Assist In Investigation

 31 August 2021

The following Judgement deals with the interpretation of Section 17 of the Prevention of Corruption Act, 1988, delving into the question of whether a person below the rank of Inspector can assist the main Investigating Officer in conducting an invest..

Posted in Others |   825 hits

Shiv Dayal Singh & Ors Vs The State Of UP & Anr: HC In Exercise Of Its Inherent Powers Can Quash Criminal Proceedings Or FIR And Section 320 Of IPC Does Not Limit That Power

 30 August 2021

In this case, Justice N.K. Johari quashed the FIR and set aside the criminal proceedings against the accused after the matter was settled by the parties, thereby establishing that inherent power of the High Court is not limited by Section 320 of the ..

Posted in Others |   750 hits

Pichra Warg Kalyan Mahasabha Haryana Vs State Of Haryana (2021): Economic Criterion Decided By The SC Cannot Be The Sole Basis For Identifying Creamy Layer

 30 August 2021

In the present case, the petitioner approached the Apex Court challenging the notification issued by the State Gov. of Haryana on August 17th, 2016, and August 28th, 2018 sub-classifying backward classes solely on an economic basis while fixing the c..

Posted in Others |   1707 hits

Dayawati Vs Yogesh Kumar Gosain: No Bar In Settling Dispute Based On Section 138, NI Act By Utilising Alternate Dispute Resolution

 28 August 2021

In this case, the respondent, in discharge of his liability, issued two cheques which were dishonoured under Section 138 of the NI Act. Both the parties expressed the intention to amicably settle their disputes and the matter was referred to mediatio..

Posted in Others |   12238 hits

Neeru Saxena Vs State & Ors: In The Event Of Default Or Non-Compliance Or Breach Of The Settlement Agreement By The Accused Person, The Magistrate Would Pass An Order U/S 431 Read With Section 421 Of The CrPC To Recover The Amount Agreed To Be Paid By The Accused

 28 August 2021

In the present case as per the mediation settlement, the petitioner failed to pay the settled amount. In case of any post-dated cheque that has been dishonoured, the settlement would become null and void. Thereby, the complainant’s case continued as ..

Posted in Others |   1764 hits

Mohd Farman Vs State Of Uttar Pradesh (2021): Article 25 Does Not Confer Absolute Rights And Has Inbuilt Restrictions, Therefore, Maintaining A Beard May Not Be Protected Under It

 28 August 2021

The petitioner filed two writ petitions before the Allahabad High Court challenging the Circular dated 26th October 2020. According to it, a member of the disciplined force is not allowed to maintain a beard, however, the petitioner had violated the ..

Posted in Others |   629 hits







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