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Sec 112 of of JJ act overrides Sec 37 of NDPS act: Patna High Court

Background • The appellant in the present case was working as the khalasi of a truck from which more than 1800kgs of Ganja was recovered. He was arrested on the spot and charged under Sections 20(b), 23, 25 and 29 of The Narcotic Drugs and Psychotropic Substances ..

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Burden To Prove 'Fair Evaluation' Can't Be Shifted On Examining Body Unless Candidate Produces Answer Script To Prove Discrepancy In Marking

OVERVIEW • Justice Yashwant Varma was hearing to a writ appeal recorded by one Manoj Kumar Tiwari, looking for re-assessment of his answer content for a specific subject in the entrance test directed for admissions to D.EL.E.D. course • After being proclaimed unsuccessful in th..

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A Plea Has Been Filed In Supreme Court Seeking Establishment Of Medial Tribunals

OVERVIEW • Recently, A plea has been filed in Supreme Court by Film Producer Nilesh Navalakha seeking the establishment of an autonomous, regulatory 'Media Tribunal' to hear and efficiently decide complaints against Media-Productions, generally filed by viewers. • It is..

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Principle Of Res Loquitor Will Apply If Patient Suffers A Complication Not Contemplated Normally

OVERVIEW The Kerala High Court has held that the principle of 'res ipsa loquitor' will apply in a case of medical negligence if a patient suffers a complication which is not contemplated normally. The High Court was dealing with a case of a 29 year old man who became a p..

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In Case Of Breach Of Terms Of One Time Settlement, Bank Becomes Free To Recover Debt Irrespective Of OTS

OVERVIEW • The Punjab and Haryana High Court on Wednesday held that once the terms and conditions of the One Time Settlement (OTS)entered with the bank are violated by a borrower and the settled amount is not paid within the agreed time frame,no further orders are required from the Court to extend the period of payment u..

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Karnataka HC Directs Cop To Clean Public Road For Failing To Register FIR

THE KARNATAKA HIGH COURT DIRECTED A COP TO CLEAN THE PUBLIC ROAD INFRONT OF THE POLICE STATION AS A COMMUNITY SERVICE AFTER HE FAILED TO REGISTER AN FIR. • Tarabai W/o Heerasing Rathod v. The State of Karnataka (WRIT PETITION HABEAS CORPUS NO.200012/2020). • A ho..

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Delhi HC Slams Civic Body, Police For Negligence In Relation To Illegal Construction Near Qutub Minar

• A single-judge's Bench of Delhi High Court took cognizance of the illegal constructions near QutubMinar, on a petition filed before it. • As per the rules, there cannot be construction of any sort within 100 meters of a "protected monument". In this case, the constructions were done within 40 meters of..

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Delhi Court summons IO in relation to CAA protests requiring him to produce footage of Police raiding the office of Advocate Pracha

OVERVIEW • An Investigating Officer (IO) has been brought by the Patiala House Court on 25th December, associated with cases emerging out of the Delhi riots over the CAA, · The court asked him to produce the whole video footage of an inquiry directed by the Delhi Police at th..

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Supreme Court Issues Notice To Convict For Misleading It For Favourable Order

What exactly happened? Shankar was convicted by a trial court for the offences under Section 120B (punishment for criminal conspiracy) and Section 406 (Punishment for criminal breach of trust) and was awarded a year in jail and fine of Rs.100. Thereafter, he had filed an appeal ..

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The POSH Act and the internal committee

Key-takeaways · The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) provides guidelines to ensure safety of ..

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Non-constitution of internal committee under POSH Act violation of Indian laws

Background • The complainant was working for Srilankan airlines at New Delhi. In 2009, the accused's local manager misbehaved and sexually harassed the complainant by calling her to his office. • The complainant reported the entire incident to the Regional Manager. ..

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Tablighi Jamaat- 'No Material To Show They Indulged In Prohibited Tabligh Activity', Patna HC Quashes Cases Against 18 Foreign Nationals

BACKGROUND • There were two petitions before the court, in the first plea the petitioners were foreigners who entered India with a travel visa through west Bengal by road. In the second plea, the petitioners were Indian Citizens residing in Araria, Bihar. • The petition..

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SC refuses to entertain plea seeking admission to higher option seat in AIQ

OVERVIEW • On Wednesday, a vacation bench of the Supreme Court of India dismissed a petition challenging a judgement of the Kerala High Court that had happened on December 15. • !--[end..

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Election process cannot be interfered with: Supreme Court

Background • The petitioner had submitted that the post of the President in his Panchayat has been reserved for Scheduled Cast community for two consecutive terms (2015-2020 and 2020-2025). • The results of the local body elections were declared on 16th December and the electio..

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No blanket bar to grant anticipatory bail in cases of illegal quarrying, smuggling of sand and minerals

Background • Under Section 438 of CrPC (Direction for grant of bail to person apprehending arrest), a petition was filed before Madras High Court seeking anticipatory bail in a case involving quarrying/mining, theft, smuggling of sand and minerals./sp..

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