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LexForti Legal News Network

Contractual employees are also eligible to receive the Social security benefits

Ronita Biswas | National Law University, Orissa | 18th February 2020 M/s. Pawan Hans Limited & Ors. v. Aviation Karamchari Sanghatana (Civil Appeal No. 353 of 2020) Facts The Company…

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Section 148 of the NI Act has retrospective application

Ronita Biswas | National Law University, Orissa | 18th February 2020 Surinder Singh Deswal @ Col. S.S. Deswal & Ors. v. Virendrer Gandhi & Anr. (Criminal Appeal- 1936-1963 of 2019)…

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Accused cannot be convicted of Rape on the basis of the sole testimony of Prosecutrix unless her testimony “STERLING” Quality

Aditi Reddy M | Symbiosis Law School, Hyderabad | 18th February 2020 Santhosh Prasad Vs State of Bihar Facts of the case: The prosecutrix had filed a complaint on her brother in law (who in…

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National Seminar On Insolvency And Bankruptcy Code, Symbiosis Law School, Hyderabad, March 28, 2020- Register by February 18, 2020

About the institute The concept of ‘Symbiosis’ is nurtured by Dr. S. B. Mujumdar (Chancellor Symbiosis International Deemed University) on the principles of Vedic thought ‘Vasudhaiva Kutumbakam’ which means ‘World…

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F/R under Art. 19 (1) is not absolute & nobody has a right to practice religion in a way so as to invade privacy of others

Ronita Biswas | National Law University, Orissa | 14th February 2020 Masroor Ahmad & Anr. v. State of U.P. (WRIT-C No. 43167 of 2019) Facts The Petitioner no. 1 had…

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GREATER RESPONSIBILITY IS THRUST ON THE MANAGEMENT OF THE SCHOOLS AND COLLEGES TO PROTECT YOUNG CHILDREN

Ronita Biswas | National Law University, Orissa | 14th February 2020 D. Ganesan v. The Chairman/Special Officer, The Dharmapuri District Co-operative Sugar Mills Polytechnic (W.P. No. 37265 of 2004) Facts…

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Application by Banks for sale of Vehicle in Recovery Suit shall be disposed of within 60 days

Ronita Biswas | National Law University, Orissa | 14th February 2020 M/s ICICI Bank Ltd.v. Priya Baveja [CM APPL. 980/2020 (exemption )] Facts The Petitioner challenged the order of the…

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Implementation of the statutory mandate under Section 33 of the PWD Act cannot await identification of posts suitable for appointment under Section 32

Ronita Biswas | National Law University, Orissa | 14th February 2020 Dileep Kumar Shukla v. Union of India (W.P.(C) 1904/2018) Facts The Petitioner had secured 780th rank in the CSE, 2011.…

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The credibility of any witness can be established when he is put to cross-examination

Harshit Sharma | Amity Law School, Madhya Pradesh | 14th February 2020 Rekha V/s. State of Uttar Pradesh & Anr. APPLICATION U/S 482 No. - 43580 of 2019 FACTS OF THE…

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Government is not supporting any Political Party by permitting display of its advertisements on Govt. Properties

Ronita Biswas | National Law University, Orissa | 5th February 2020 M/S EG. Communications Pvt. Ltd. v. Election Commission of India (W.P.(C) 12073/2019 & CM APPL.49463/2019 (stay), CM APPL.293/2020 (for…

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Routine condonations and cavalier attitudes towards the process of law affects the administration of Justice

Ronita Biswas | National Law University, Orissa | 5th February 2020 Desh Raj v. Balkishan (D) Through Proposed LR Ms. Rohini (Civil Appeal No. 433 of 2020) Facts The Appellant…

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THERE IS NO PRESUMPTION THAT DELAY IN APPROACHING THE COURT IS ALWAYS DELIBERATE

Ronita Biswas | National Law University, Orissa | 5th February 2020 Sri Biswanath Pal v. Sri Sankar Nath Pal & Ors. (S.A 8 of 2016 with CAN 9460 of 2019) …

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Petition under the Domestic Violence Act can be filed in a Court where the “Person Aggrieved” Permanently or Temporarily resides.

Ronita Biswas | National Law University, Orissa | 5th February 2020 Shyamlal Devda & Ors. v. Parimala (Criminal Appeal No, 141 of 2020) Facts The marriage of the Respondent-wife and…

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All the love from James

The Court is concerned with the legal insanity and not the medical insanity

Rabia Basaria | Panjab University, Chandigarh | 1st February 2020 Hari Singh Gond  vs.  State of Madhya Pradesh  (Criminal Appeal No. 321 of 2007) FACTS:- Herein, Harilal gond , deceased and Maternal…

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FAILURE TO PROVE THAT THE SEIZED SAMPLE WAS THE SAME SEIZED FROM APPELLANT MEANS FAILURE TO PRODUCE THE SEIZED SAMPLE ITSELF

Vijay Panday  Vs.  State of Uttar Pradesh Criminal Appeal No. 1143 of 2019

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SIMULTANEOUS APPEARANCE IN TWO EXAMINATION CONDUCTED BY TWO DIFFERENT BOARDS IS NOT PERMISSIBLE

Rabia Basaria | Panjab University, Chandigarh | 1st February 2020 Kuldeep Kumar Pathak vs. State of U.P. and others Civil Appeal No.11 of 2016 FACTS:- Appellant successfully passed the intermediate examination conducted by Madhyamik Shiksha Parishad,…

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HIGH COURT CAN NOT RE-WRITE THE TERMS OF THE POLICY FRAMED BY STATE

Rabia Basaria | Panjab University, Chandigarh | 1st February 2020 State of Himachal Pradesh and Anr.  Vs.  Parkash ChandCivil Appeal No. 977 of 2019 Facts Respondent was minor when his father died…

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Transportation doesn’t form the part of Mining operation

Rabia Basaria | Panjab University, Chandigarh | 3rd February 202 State of Odisha and Ors. Vs.  M/s Jindal Steel and Power Ltd and Ors. Civil Appeal No. 850 of 2020 FACTS: Herein,…

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It would be justified to examine the matter by writ court if the recorded findings were unsupported by evidence

Rabia Basaria | Panjab University, Chandigarh | 3rd February 2020 Allahabad bank & Ors. vs Krishna Narayan Tewari  Civil appeal no. 7600 of 2014 FACTS:- The respondent was employed with the appellant-…

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FOR FINDING AGGRESSOR, ENTIRE INCIDENT MUST BE THOROUGHLY CONSIDERED

Rabia Basaria | Panjab University, Chandigarh | 3rd February 2020 Dashrath @ Jolo & Ors. Vs. State of ChhattisgarhCriminal Appeal Nos.197-198 of 2018 FACTS:- Herein:-                    PW-14 Chumbai                   PW-17 Gayatri Bai                   PW-19 Birichram                   PW-20 Dilip…

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FAILURE TO PROVE THAT THE SEIZED SAMPLE PRODUCE WAS THE SAME SEIZED FROM APPELLANT MEANS FAILURE TO PRODUCE THE SEIZED SAMPLE ITSELF

Rabia Basaria | Panjab University, Chandigarh | 3rd February 2020 Vijay Panday   Vs.  State of Uttar Pradesh Criminal Appeal No. 1143 of 2019 Matter:- The appellant was charged u/s 8 and 15…

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Eight Important cases on Dishonor of Cheque

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Writ of Habeas Corpus cannot be invoked for the premature release of Convicted Prisoners

HOME SECRETARY (PRISON) vs. H. NILOFER NISHA Cri. Appeal 144-148 OF 2020 Facts – The Governor of Tamil Nadu, exercising powers under Article 161 of the Constitution, got a government order…

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Members of the Armed Forces are a distinct and distinguishable class

Sarthak Khandelwal | Kirit P. Mehta School Of Law, NMIMS University, Mumbai | 20th January 2020 Union of India & Ors. V. Brig. Balbir Singh (Retd.) Civil Appeal No. 337 of…

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Even though not appointed for the post but works on the order of the court, the person will get all the benefits

Sarthak Khandelwal | Kirit P. Mehta School Of Law, NMIMS University, Mumbai | 21st January 2020 Shamsher Singh Sandhu V. Union of India and Others Civil Appeal No. 266 of 2020…

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