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Others Judgments and Orders

Sunderan Vs Sub-Inspector Of Police - Mitigation of Sentence Due to Delay in Disposition of the Case

 05 July 2021

The Supreme Court imposed a Rs. 2000/- fine under the Indian Penal Code on a bus driver (appellant) for a 26-year-old accident caused by rash driving and negligence...

Posted in Others 1 comments |   1304 hits

Prakashchandra Joshi Vs Kuntal Prakashchandra Joshi And Others: Wife Wishing To Stay Abroad For A Career Would Not Amount To Cruelty And Desertion

 03 July 2021

In this case, the appellant filed an appeal in the high court seeking divorce on the grounds of cruelty and desertion. The question raised before the court was whether a wife wishing to stay abroad for a career would not amount to cruelty and deserti..

Posted in Others |   1262 hits

The Assistant General Manager, SBI Vs S Saradamani And Ors: Law Of Limitation Merely Bars Judicial Remedy, Substantive Right Remains

 02 July 2021

This case deals with the Petitioner’s plea against the order passed by the Central Administrative Tribunal which held that recovery of an amount before the term of 3 years from the date on which the mistake was discovered is barred by limitation. ..

Posted in Others |   1252 hits

Shaik Ahmed Vs State Of Telangana: The Court Analysed The Ingredients Of Section 364A IPC

 30 June 2021

The questions raised before the court were What are the essential elements of Section 346A that the prosecution must prove beyond a reasonable doubt to secure an accused's conviction under Section 364A IPC? ..

Posted in Others |   4820 hits

Basheer C K Vs Kozhikode Corporation & Ors: Kerala HC Invokes The Doctrine Of Desuetude

 30 June 2021

Basheer C.K., the petitioner, was aggrieved by a notification issued by the Kozhikode Corporation, which demanded that certain deficiencies to be rectified before issuing a building permit. The petition, on the other hand, stated that these defects w..

Posted in Others |   1275 hits

Ramappa Vs The State Of Karnataka (2021): Maintainability Of An Anticipatory Bail Application Cannot Be Challenged Citing Pendency Of Section 41A Notice

 29 June 2021

In this case, the question before the court was on the maintainability of the plea seeking anticipatory bail. Petitioner applied for bail. The petitioner's counsel claims that if a police officer believes the petitioner should be arrested, he must re..

Posted in Others 2 comments |   1870 hits

Mookan @ Murugan Vs State-2021: Madras Hc Expresses Anguish Over Rising Cases Of Child Sexual Assault

 28 June 2021

Despite strong regulations in existence, the Madras High Court voiced its dismay at the rising number of incidents of minors being sexually attacked by someone they know...

Posted in Others |   1062 hits

Registrar General, HC Of Meghalaya Vs State Of Meghalaya 2021 - Meghalaya HC: Forced Inoculation Is A Violation Of Fundamental Right

 28 June 2021

Compulsory or coerced vaccination is a violation of the fundamental right to livelihood, according to the Meghalaya High Court. When vaccination is coerced or made required through coercion, the very underlying purpose of the benefit connected with i..

Posted in Others |   2942 hits

Sri Kiran P Vs The Commissioner, Bengaluru Development Authority

 26 June 2021

The entitlement of a dependant to a compassionate appointment is unaffected by the fact that the family is entitled to certain financial benefits as a result of the employee's death, according to the Karnataka High Court...

Posted in Others |   1101 hits

Natasha Narwal Vs State Of NCT Of Delhi - 2021: Bail Granted To One Of The Key Accused In The Delhi Riots Case

 24 June 2021

The Delhi High Court, apart from granting bail, has taken another look at the scope and extent of the Right to Protest and classified as to which type of acts fall under the ambit of the term ‘terrorist act’ as defined in the IPC and restricted the a..

Posted in Others |   1886 hits

State Of Bombay And Another Vs F N Balsara - 1951: Court Clarified Several Ambiguities Around The Doctrine Of Pith And Substance

 24 June 2021

FN Balsara filed a petition in the Bombay High Court with the following prayer: (a) To allow him to exercise his right to possess, consume, and use certain articles, such as whisky, brandy, wine, beer, medicated wine, eau-de-cologne etc. And to impor..

Posted in Others |   4816 hits

Mr Rahul @ Nayaz Pasha Vs State Of Karnataka – 2021: Personal Law Cannot Override Pocso Act: Karnataka HC

 24 June 2021

Although the second marriage is permitted under Mohammedan law, personal law cannot override special laws such as the Protection of Children from Sexual Offences (Pocso) Act, the Child Marriage Restraint Act, and the country's General Penal Code, the..

Posted in Others |   1554 hits

Kripal Amrik Singh And Anr Vs The State Of Maharashtra And Ors: SC Examines The Applicability Of LK Pandey Case To Adoptions Under Personal Law

 24 June 2021

The Supreme Court took the child out of the care of the CWC and entrusted interim custody to the adoptive parents in a case where her biological mother gave her 2-year-old daughter in adoption to a couple by signing a notarized paper without followin..

Posted in Others |   1385 hits

Syed Amjad Husain Vs Navneet Sahgal And Anr: Contempt Court Notices Shall Be Served On The Alleged Contemnor And Not In His Office

 24 June 2021

The court was concerned that while affecting the service of the notice, due care to the rules is not taken. It directed all District Judges subordinate to the High Court regarding the same. ..

Posted in Others |   963 hits

Devangana Kalita Vs State Of NCT Delhi (2021): The State Has Blurred The Line Between Right To Protest And Terrorist Activity

 22 June 2021

The court studied the scope and ambit of UAPA. The issue before the court was whether offences under sections 15, 17 & 18 of the UAPA are made out against the appellant? The court also discussed the right to protest and bail provisions...

Posted in Others |   1401 hits

Reliance Life Insurance Vs Rekhaben Nareshbhai Rathod (2019): The SC Reiterated One Of The Foundational Principles Of Insurance Law

 21 June 2021

In this case, the court analyzed the nature of disclosure and grounds of repudiation of the claim. The court allowed the appeal and allowed the respondent to withdraw 50% of the decretal amount...

Posted in Others |   5248 hits

Vasantha Mills Limited Vs Nandakumar Athappan: The Appeals Were Submitted U/s 10 F Of The Companies Act, Seeking To Overturn The Hon'ble Company Law Board's December 30, 2015 Order

 21 June 2021

Company Appeal No. 2 of 2015 in E.P.No.35 of 2011 in C.P.No.65 of 2005 has been filed under Section 10F of the Companies Act, 1956 to set aside the order of the Hon'ble Company Law Board, Additional Principal Bench, Chennai dated 30.12.2015 in C.A.No..

Posted in Others |   2771 hits

DSSSB Vs Dr Satya Prakash Gautam & Anr 2021: Delhi Hc Upholds Order For Registering FIR For Caste Based Questions In DSSSB Recruitment Exam

 17 June 2021

The court dismissed the DSSSB's petition appealing a trial court judgement from February 17 that directed the filing of a FIR against the offenders for violations of the SC/ST Act, based on a complaint by Adv. Satya Prakash Gautam...

Posted in Others |   1301 hits

Asif Iqbal Tanha Vs State of NCT of Delhi: The ambit of UAPA studied by the Court

 17 June 2021

The protest of which the appellant was part of was neither banned nor outlawed. It was monitored by law enforcement agencies..

Posted in Others |   2968 hits

SPS Rathore Vs CBI & Anr Criminal Appeal No 2126 Of 2010: The Accused Was Convicted Guilty Of Molestation Of A Girl Who Later Committed Suicide, But His Sentence Was Reduced

 16 June 2021

The Court reduced the appellant's sentence to the time he had already served as an exceptional instance due to his senior age, and they upheld the appellant's conviction under Section 354 of the IPC while adjusting the punishment to the time he had p..

Posted in Others |   4280 hits







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