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Judgments and Orders

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 |   698 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 |   3417 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 |   1021 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 |   701 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 |   513 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 |   641 hits

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

 16 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 |   517 hits

Whether an accused may be presumed to have committed offence once conscious possession has been established under law?

 15 June 2020

Attention has been drawn by the judgment of this present case, it was held that Statement of an accused under Section 313 of the Code of Criminal Procedure is recorded without administering oath and, therefore, said statement cannot be treated as evi..

Posted in Others |   635 hits

Is a police officer duty bound to register case on basis of information disclosing cognizable offence?

 15 June 2020

Section 154 of Code of Criminal Procedure bind Police Official to record every information relating to the commission of a cognizable offence, if given orally or by any means to an officer in charge of a police station to be registered in their books..

Posted in Others |   541 hits

Whether the husband could challenge the order of the court directing to maintain the wife under DV Act

 15 June 2020

The court keeping in mind the duty to the husband to maintain the wife has directed the husband to pay the wife under the DV Act as he has a responsibility to allow his wife to live life with dignity according to their social status and strata but ha..

Posted in Others |   539 hits

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

 15 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 |   511 hits

Right to health and right to health care

 15 June 2020

The guidelines formulated in the present case are wide enough to address the issues arising due to right to health and health care, however the object of formulating such guidelines will be achieved only if they are implemented effectively. Therefor..

Posted in Constitutional Law |   836 hits

Rummy is a game of skill and therefore gambling law should not apply

 15 June 2020

The Supreme Court held that Rummy (a 13-card game) requires certain amount of skill as the cards have to be memorized, there is holding and discarding of cardsand therefore it cannot be said that the game of Rummy is a game of entire chance. As the E..

Posted in Others |   864 hits

Burden of proof regarding the athlete's lack of intent involving the use of a non-specified substance

 15 June 2020

The CAS upheld the appeal filed by WADA and set aside the decision of NADA Anti-Doping Disciplinary Panel. They confirmed that Mhaskar Meghali has committed an Anti-Doping Rule Violation as the athlete was just guessing how the substance must have en..

Posted in Others |   554 hits

Inability of non-payment of maintenance to his wife

 15 June 2020

Judges must take into consideration the earning capacity and monthly salaries of husbands and wives both, before giving the judgment and must order maintenance fairly...

Posted in Family Law |   865 hits

The judgment revolves around "Gaming","Gambling" and "Betting"

 15 June 2020

Any restriction imposed upon the fundamental rights of the citizens must be just fair and reasonable. Any unreasonable intrusion into these rights will be ultra vires of the Constitution, as in the present case horse riding which involves substantia..

Posted in Others |   2686 hits

The Case of the S.S. "Lotus"

 13 June 2020

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Posted in Others |   2177 hits

Difference between void and voidable contracts

 13 June 2020

The court held that by going into the facts of the case it is clear that the appellant was made to sign the deeds by fraud. She believed that she was signing the gift deed. The Court was of the view that HC in its view, rightly held that the remedy o..

Posted in Others |   1415 hits

Does mistake of facts falls under Section 72 or not?

 13 June 2020

The court quoted many judgments of India and International origin namely America, UK and Australia. The court said that mistake in Section 72 has been used without any limitation to its scope and it covers both mistake of fact and mistake of law; and..

Posted in Constitutional Law |   1471 hits

Plaintiff cannot sue as a stranger to the agreement

 13 June 2020

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Posted in Others |   551 hits