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When an employee terminated from service and not giving them opportunity for re-employment is legal and justified?

Yugashree | School of Law Sastra University, Thanjavur | 20th May 2020 The Manager State Bank of   Bikaner vs. The Presiding Officer Central Facts: The Respondent had come up with a…

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Extraordinary power of Supreme Court under the Constitution of India-Article 142

Ashutosh Rajput | Hidayatullah National Law University | 20th May 2020 The Supreme Court of India is the ultimate body of ensuring justice to people who are under its ambit,…

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The High Court does not have the judicial power to interfere regarding the orders of transfer of the employees of the Union Government

Aditi Reddy | Symbiosis Law School | 20th May 2020 Union of India & Anr vs Deepak Niranjan Nath Pandit Facts The respondent, who is an Assistant Commissioner of Customs, GST and Central…

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Interim Maintenance under Section 18 of Hindu Adoption and Maintenance, 1956 should be granted

Ashutosh Rajput | Hidayatullah National Law University | 20th May 2020 Smt. Gouri Gupta Chaudhury v. Tarani Gupta Chaudhury Facts:   Husband and wife were married to each other and were…

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Prompt lodging of First Information Report cannot always be expected in cases of offences under Sections 376 or 354 of the Penal Code

Yugashree | School of Law Sastra University, Thanjavur | 20th May 2020 Bibhas Kuti vs. The State of West Bengal  Appeal made against Judgment and order made against the appellant…

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When a person’s appearance is secured bail can be issued

Yugashree | School of Law Sastra University, Thanjavur |19 May 2020 Jeet Ram vs. State Of Himachal Pradesh   The petitioners are seeking regular bail in under Section 32 & 33 of Indian Forest Act and Sections 379, 147, 149, 332, 435, 353, 201 & 506 of…

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Second wife is not entitled to maintenance as per Section 125 of Criminal Procedure Code

Ashutosh Rajput | Hidayatullah National Law University | 19th May 2020 Savitaben Somabhai Bhatiya vs State of Gujrat & Ors. Facts:  The appellant was married to the respondent no. 2…

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There is nothing in section 173(8) to suggest that the court is obliged to hear the accused before any direction is made

Aditi Reddy | Symbiosis Law School, Hyderabad | 19th May 2020 Satishkumar Nyalchand Shah vs State of Gujarat & Ors CRIMINAL APPEAL NO. 353 OF 2020 Facts of the case: In an…

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If the third person was aware of the retirement of such partner who has retired then the principle of holding out will not apply

Ashutosh Rajput | Hidayatullah National Law University | 18th May 2020 Central United Bank Ltd. & Anr. v. B.A. Venkataramma Naidu Facts:  Ramakrishna Chattiar, Ramaswami Nadar, and Venkatarama Naidu are…

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CAA Protest case in Uttar Pradesh – State not responsible for acts of violent protesters

Shaunak Choudhury | Student of SVKM’s NMIMS Kirit P. Mehta School of Law | 18th May 2020 Rajat Gangwar v. State of Uttar Pradesh 2019 SCC OnLine All 5792 (Allahabad High Court)…

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Justification of punishment of the Acid Attacker

Ashutosh Rajput | Hidayatullah National Law University | 18th May 2020 Omanakuttan v. State of Kerela [Criminal Appeal No. 873 of 2019 (CRL) No. 6293/2018] Facts:  The appellant and the…

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POCSO Act will apply to victims even after attaining majority if the sexual offence was committed when she was a minor

Ukkash F | Sastra School of Law, Tamil Nadu | 18th May 2020 Mondi Murali Krishna Versus Dumpa Hanisha Naga Lakshmi & 3 others  FACTS OF THE CASE The Andhra…

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If a person released on Bail violates the instructions laid to combat COVID-19 Pandemic, he can end up in the same Jail

Rida Farid Bazmi | Symbiosis Laws School | 18th May 2020 Amar Singh vs. State of M.P. (M.Cr.C. No.13468/2020) Facts:   The applicant has been arrested on January 27, 2020 by…

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Azan allowed during Lockdown, but without Loudspeakers

Shaunak Choudhury | SVKM’s NMIMS Kirit P. Mehta School of Law | 16th May 2020 Afzal Ansari v. State of U.P. PUBLIC INTEREST LITIGATION (PIL) No. – 570 of 2020 Facts The…

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Ascertainment of goods is necessary for the transfer of ownership

Ashutosh Rajput | Hidayatullah National Law University | 16th May 2020 Badri Prasad v. State of Madhya Pradesh & Anr. Facts: The contract was entered between the appellant and the…

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State must Pay Compensation for the Torts Committed by its Employees

Shaunak Choudhury | SVKM’s NMIMS Kirit P. Mehta School of Law | 15th May 2020 Saheli, A Women’s Resources Centre v. Commissioner of Police (1990) 1 SCC 422 Facts  The petitioner filed…

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Employers with mental illness cannot be subject to discrimination in the matters of employment

Ukkash F | Sastra School of Law, Tamil Nadu | 15th May 2020 BHAVYA NAIN Vs HIGH COURT OF DELHI  The Delhi HC declares a candidate fit for judicial service who…

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A case that justifies the eviction of tenants

Ashutosh Rajput | Hidayatullah National Law University | 17th May 2020 Olga Tellis & Ors. v. Bombay Municipal Corporation & Ors. 1986 AIR 180, 1985 SCR Supl. (2) 51 Facts: …

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Right to sue for the accounts of a dissolved firm under Partnership Act, 1932

Ashutosh Rajput | Hidayatullah National Law University | 15th May 2020 Prem Lata v. Ishar Dass Chaman Lal  INSC 30 Facts:  M/s Ishar Dass Chaman Lal was a partnership firm…

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The application of anticipatory bail is maintainable even when the accused is to be declared as “Absconder”

Ukkash F | Sastra School of Law, Tamil Nadu | 14th May 2020 Balveer Singh Bundela V. State of Madhya Pradesh FACTS OF THE CASE The Madhya Pradesh High Court…

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Adoption ceremony is the strict proof of adoption

Ashutosh Rajput | Hidayatullah National Law University | 14th May 2020 M. Vajana v. M. Sarla Devi Facts:  The appellant’s natural parents died when she was young. Her mother was…

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Suspension of the Superintendent during the Bhagalpur Blindings case

Shaunak Choudhury | SVKM’s NMIMS Kirit P. Mehta School of Law | 14th May 2020 Anil Yadav v. State of Bihar, 1982 (1982) 2 SCC 195; 1982 SCC (L&S) 194 Facts…

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No Discrimination on the basis of Permanent Mental Disability is permitted

Shaunak Choudhury | SVKM’s NMIMS Kirit P. Mehta School of Law | 13th May 2020 Bhavya Nain v. High Court of Delhi [W.P. (C) 5948/2019] Facts On 14th November 2019, the High…

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Case which restored the character of Seprate Legal Entity: Saloman v Saloman

SEJAL MAKKAD | AMITY LAW SCHOOL, AMITY UNIVERSITY CHHATTISGARH | 13th May 2020 Saloman V. A Saloman and co. ltd. (1897) AC 22 Facts Salomon was a running a sole…

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The whole mixture has to be taken into consideration for conviction

Ashutosh Rajput | Hidayatullah National Law University | 12th May 2020 Hira Singh v. Union of India CRIMINAL APPEAL NO. 722 OF 2017 Background In the case of E. Michael…

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