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LexForti Legal News Network

Tenants would not be entitled to the benefit and rights under the Tenants Act unless they are in actual physical possession of the building constructed by them

Kosha Doshi | Symbiosis Law School, Pune | 6th April 2020 Bharat Petroleum Corp. Ltd. v. Chandramouleeswaran Facts:             The appeal filed by the companies had raised a question of law…

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Notice issued on plea for action against media for revealing identity of rape victim in Hyderabad rape case

Kosha Doshi | Symbiosis Law School, Pune | 6th April 2020 Yashdeep Chahal v. Union of India Facts: About 100 sexual assault reports are being reported at the police station…

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LAND ACQUISITION- ‘PERSONS INTERESTED’ INCLUDE THOSE WHO HAVE STAKE IN COMPENSATION PROCEEDINGS

Mukesh Kumar Mishra | Institute of Law, Jiwaji University, Gwalior | 6th April 2020 BURDWAN DEVELOPMENT AUTHORITY V. ARIFA KHATUN & ANR. (AND OTHER CONNECTED)  FACTS OF THE CASE  The Calcutta…

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‘Flood’ and ‘inundation’ are often used synonymous wherein ‘flood’ needs to be understood in a broader sense including instances where overflowing of water occurs due to excessive rainfall

Kosha Doshi | Symbiosis Law School, Pune | 6th April 2020 Oriental Insurance Co Ltd. v. M/s JK Cement Works Facts:              The respondent had a factory wherein the premises included…

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Though the interest of the child is of paramount importance, the courts of one jurisdiction should respect the orders of a court of competent jurisdiction even if it is beyond its territories

Kosha Doshi | Symbiosis Law School, Pune | 6th April 2020 Yashita Sahu v. State of Rajasthan Facts:             Yashita Sahu married to Varun Varma on 30/05/2016 had shifted to United…

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Judges can only be promoted to district judge; direct recruitment for advocates

Asmita Kuvalekar | Government Law College, Mumbai | 05th April 2020.  DHEERAJ MOR V HON’BLE HIGH COURT OF DELHI (CIVIL APPEAL NO 1698 OF 2020 ARISING OUT OF SLP (CIVIL) NO…

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Order of Karnataka CM was set aside as there was no valid reasons recorded for exercise of doctrine of pleasure

Yugashree | School of Law Sastra University, Thanjavur | 5th April 2020 B K Uday Kumar vs. State Of Karnataka Facts The Karnataka Power Transmission Corporation Limited is a company owned…

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The personnels of various Central Paramilitary forces deputed to NDRF to be paid allowance from the date the rules of NDRF came in effect

Saloni | Kirit P. Mehta School of Law, NMIMS, Mumbai | 5th April 2020 UNION OF INDIA & ORS. V. R. THIYAGARAJAN (CIVIL APPEAL NO.2229 OF 2020; SUPREME COURT) FACTS: The National Disaster Response Force (NDRF) was…

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Can father of a minor pregnant daughter can get the foetus of his minor daughter aborted, when the pregnant minor daughter herself is not agreeing for such termination?

Daniyal Qureshi | Symbiosis Law School Pune | 4th April 2020 Ram Avtar v. State of Chhattisgarh and Ors. The High Court of Chhattisgarh MANU/CG/0295/2020 Facts.  The brief facts of the…

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‘Sufficient cause’ in Section 5 of the Limitation Act must be construed liberally so as to uphold right to appeal

Asmita Kuvalekar | Government Law College, Mumbai | 05th April 2020.  BHIVCHANDRA SHANKAR MORE V BALU GANGARAM MORE AND ORS (CIVIL APPEAL NO 4669 OF 2019 ARISING OUT OF SLP (CIVIL) NO…

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himachal pradesh high Court

An admittance to suicide amount to self-incrimination and cannot be tried under Section 309 IPC

Daniyal Qureshi | Symbiosis Law School Pune | 3rd April 2020 Pratibha Das v. State of Himachal Pradesh The High Court of Himachal Pradesh MANU/HP/2052/2019 Facts  The petitioner got married…

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Valdaris Custodial Death Bombay HC directs trail court to book cops for murder of 25-year-old

Kosha Doshi | Symbiosis Law School, Pune | 3rd April 2020 Leonard Xaveri Valdaris v. Office-in-charge & Ors. Facts:              On an average there are about 5 custodial deaths per day.…

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Allahabad HC dismisses plea to quash notices to recover public loss from Anti-CAA protesters

Kosha Doshi | Symbiosis Law School, Pune | 3rd April 2020 Mohammed Kaleem v. State of Uttar Pradesh Facts:             With the nation emerging in flames as protests continue against the…

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Mere Exchange of Information Amongst the Members of a Trade Association Does Not Amount to Collusion

Geethika Satti | ILS Pune | 3rd April 2020 Film and Television Producers Guild of India v. Multiplex Association of India and Ors. (Case 37 of 2011), as decided on…

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Prohibition of Telecasting of Dubbed Content on Regional Channels by Film Trade Associations amounts to an Anti-Competitive Agreement.

Geethika Satti | ILS Pune | 3rd April 2020 CCI v. Co-Ordination Committee of Artists and Technicians of W.B Film and Television and Ors. Facts of the Case: M/s BRTV,…

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When prima facie case is not brought against the complainant the petitioner without any question deserves bail

Yugashree | School of Law Sastra University, Thanjavur | 2nd April 2020 Mohan Kumar vs. Narcotic Control Bureau. Facts: Around 2.30 PM when the NCB team reached the office of…

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If the accused did not make a promise with the sole intention of seducing to commit sexual acts, such an act would not amount to rape

Yugashree | School of Law Sastra University, Thanjavur | 2nd April 2020 Govind Singh Rajput vs. State of Madhya Pradesh and another Facts: The second respondent filed a written complaint…

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All criminal cases are subject to trial by the Courts set out in paragraph 4 of the 6th Schedule of the constitution irrespective of the facts of the case

Yugashree | School of Law Sastra University, Thanjavur | 2nd April 2020 The State of Meghalaya vs. Melvin Sohlangpiaw Facts: A person who belongs to Khasi Scheduled Tribe was found dead…

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Compulsory retirement of judicial officers shall be based on a comprehensive review; past actions are not to be ignored

Asmita Kuvalekar | Government Law College, Mumbai | 02nd April 2020 ARUN KUMAR GUPTA V STATE OF JHARKHAND AND ANR (WRIT PETITION (CIVIL) NO 190 OF 2018)  FACTS OF THE CASE:  Removed…

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Every manufacturer or distributor or dealer has to sell an article of food by giving a warranty in writing

Yugashree | School of Law Sastra University, Thanjavur | 31st March 2020 Raghav Gupta vs. state and another Facts: The petitioner was the director of VV beverages, importer of Snapple…

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SOCIAL-MEDIA INFLUENCERS AND FREEDOM EXPRESSION: AN COMMERCIAL INTERFACE

Vatsal Srivastava | Rajiv Gandhi National University of Law, Punjab | 31st March 2020 Introduction In a relatively novel phase of the Digital Era, the entire internet user base comprises…

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SC strikes down rules framed by center under Finance Act 2017 for tribunals

Kosha Doshi | Symbiosis Law School, Pune | 2nd April 2020 Roger Mathew v. South Indian Bank Ltd. & Ors. Facts-             In 2017, a petition by Roger Mathew accompanied by…

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No infallible principle that God’s name is not registrable as trademark

Kosha Doshi | Symbiosis Law School, Pune | 2nd April 2020 Shyam Steel Industries limited v. Shyam Sel & Power Ltd. and Anr. Facts:             Shyam Steel Industries limited and Shyam…

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Ensure Children Do Not Carry Heavy School Bags

Kosha Doshi | Symbiosis Law School, Pune | 2nd April 2020 Dr. Johny Cyriac v. The Ministry of Human Resource Facts-             A Public Interest Litigation had been filed by Dr.…

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All the love from James-3|All the love from James-2|All the love from James-2

Detention even before order of tribunal declaring her as foreigner

Kosha Doshi | Symbiosis Law School, Pune | 2nd April 2020 Mamtaz Begum v. Union of India [Writ Petition (Civil) 2312/2018; Gauhati High Court] Facts:             The dispute began when a…

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