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LexForti Legal News Network

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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Investigation made by a competent Police officer in accordance with the provisions of Law cannot be quashed

Ronita Biswas | National Law University, Orissa | 22nd January 2020 State of Madhya Pradesh v. Babbu Rathore & Anr. (Criminal Appeal No. 123 of 2020)  Facts The deceased Baisakhu,…

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Kerala High Court

EVEN IF COPYRIGHT HAS BEEN ASSIGNED, THE AUTHOR OF A WORK SHALL HAVE SPECIAL RIGHT TO CLAIM AUTHORSHIP

Ronita Biswas | National Law University, Orissa | 22nd January 2020 Sanjeev Pillai v. Venu Kunnapalli & M. Padmakumar (FAO. No. 191 of 2019) Facts The case revolves around the…

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No bar on reservation for Persons with Disability (PWDs) in Promotions

Harshit Sharma | Amity Law School, Madhya Pradesh | 24th January 2020 Siddaraju V/s. State of Karnataka & Ors. Civil Appeal No. 1567/2017 FACTS OF THE CASE This appeal came as…

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Right to Property remains a Human Right in a welfare State and a Constitutional Right under Article. 300A of the Constitution: SC

Ronita Biswas | National Law University, Orissa | 15th January 2020 Vidya Devi v. The State of Himachal Pradesh & Ors. (Civil Appeal Nos. 60-61 of 2020 arising out of…

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Juveniles between 16-18 can’t be tried as adult U/S 304 of IPC: SC

Kritika Pandey | Maharaja Sayajirao University of Baroda | 15th January 2020 Shilpa Mittal Vs. State of NCT of Delhi & Anr., C.A. NO. 34 of 2020 Facts: ● A…

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Conviction can’t be solely based on the Opinion of Handwriting Expert

Kritika Pandey | Maharaja Sayajirao University of Baroda | 15th January 2020 Padum Kumar Vs. State of Uttar Pradesh, Cr. A. No.87 of 2020 Facts: The appellant was working as…

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Case study of Kandaswamy Ramraj v. The Inspector of Police, CBCID

 Aditya Anand & Prashant Bhushan | National Law University, Jodhpur | 18th January 2020 Recently, in the case of Kandaswamy Ramraj v. The Inspector of Police, CBCID (Criminal Appeal no.…

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Long continuous possession by itself cannot be termed as adverse possession

Shri Uttam Chand vs Nathu Ram Civil Appeal No. 190 of 2020 Facts- In this present case, the plaintiff filed a suit for possession on the basis of purchase of suit property…

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THE GRANT OF RELIEF IN A SUIT FOR SPECIFIC PERFORMANCE IS ITSELF A DISCRETIONARY REMEDY

Ronita Biswas | National Law University, Orissa | 20th January 2020 Ambalal Sarabhai Enterprise v. KS Infraspace LLP Limited & Anr. (Civil Appeal No. 9346 of 2019) Facts The appeal…

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Application of Guardianship of a minor is to filed in the Court under whose Territorial Jurisdiction the minor ordinarily resides.

Ronita Biswas | National Law University, Orissa | 20th January 2020 Sanchayita Deb (Guha) v. Susanta Deb (CO No. 3963 of 2018 with CO No. 3964 of 2018)  Facts Two…

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Detention without reason by Judicial Magistrate liable for departmental action by High Court

Kritika Pandey | Maharaja Sayajirao University of Baroda | 11th January 2020 Sri. Jaikant S S/O Sekar K Vs. State of Karnataka, Criminal Petition No.4306 of 2019 Facts: General Secretary…

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Consequences of offence under 498A ensue even at the parental home of the woman

AASHRAY CHAUDHARY | Symbiosis Law School, Hyderabad | 11th January 2020 Rupali Devi v. State of Uttar Pradesh (Criminal appeal no.71 of 2012) Facts The initial bench in this appeal had…

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Allahabad High Court

IF THE GENUINENESS OF ANY DOCUMENT IS NOT DISPUTED IT CAN BE TREATED AS SUBSTANTIVE EVIDENCE SECTION 294 (3) CrPC

Ronita Biswas | National Law University, Orissa | 11th January 2020 Bijendra Singh v. State of U.P. (Criminal Appeal No. 3079 of 1985) Facts A written report was submitted by…

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EQUALITY OF LAW IS A POSITIVE CONCEPT AND IT CANNOT BE ENFORCED IN A NEGATIVE MANNER

Ronita Biswas | National Law University, Orissa | 11th January 2020 Sr. Divisional Manager, LIC of India v. Renuka Sharma (W.P.C. 669/2014) Facts The Respondent had applied for and was…

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IF CASE DIARY AND OTHER MATERIALS COLLECTED REVEAL PRIMA FACIE CASE AGAINST THE ACCUSED, S. 43D (5) OF THE UAPA WILL BE ATTRACTED

Ronita Biswas | National Law University, Orissa | 11th January 2020 Abhay Nayak v. State of Chhattisgarh (CRA No. 1213 of 2019) Facts The Prosecution case, in brief, is that…

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SUBSTANTIVE RIGHTS OF PARTIES SHOULD BE AFFECTED IN CASE OF APPEAL UNDER MAHARASHTRA RENT CONTROL ACT, 1999

Ronita Biswas | National Law University, Orissa | 11th January 2020 Jasraj Lalaji Oswal v. Raziya Mehboob Patel (Writ Petition No. 4294 of 2018) Facts In this case, the petitioner…

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MAINTAINABILITY OF ANY SUIT DEPENDS ON THE SUIT PLEADINGS, NOT ON THE RIVAL PARTY’S DEFENCE

Ronita Biswas | National Law University, Orissa | 11th January 2020 Jasraj Lalaji Oswal v. Raziya Mehboob Patel (Writ Petition No. 4294 of 2018) In 2014, Vijay Rahatkar filed a…

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Allahabad High Court

REFORMATORY AND CORRECTIONAL OBJECT OF SENTENCING AND OBLIGATES THE COURTS TO GIVE BENEFIT OF PROBATION

Ronita Biswas | National Law University, Orissa | 11th January 2020 Ramdas Harijan & Ors. v. State of U.P. (Criminal Appeal- 2012 of 2003) Facts The informant, Ram Adhar and…

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Sympathy alone cannot give remedy to the party

Kritika Pandey | Maharaja Sayajirao University of Baroda | 13th January 2020 Indian Bank & Ors. Vs. Promila & Anr., C.A. NO.2798 of 2010 Facts: Jagdish Raj, husband of respondent-1…

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National Seminar on Crime Prevention and Control at Symbiosis Law School, Hyderabad 29th FEBRUARY- 1st MARCH

About the Organiser 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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Transwomen comes under the ambit of expression “Bride”

Rabia Basaria | Panjab University, Chandigarh | 7th January 2020 Arunkumar vs The Inspector General of Registration (MADRAS HIGH COURT) W.P.(MD) No. 4125 OF 2019 AND W.M.P. (MD) No. 3220…

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Central Government to consider Amendment to adopt a Zero Tolerance norm in Motor Vehicle Act, 1988

Kritika Pandey | Maharaja Sayajirao University of Baroda | 11th January 2020 K.Shanmugam Vs. V.Krishnamurthy & Ors., Civil Miscellaneous Appeal No.1842 of 2006 Facts: The appellant was riding his Motorcycle,…

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Section 163A of Motor Vehicle Act is not Maintainable against Owner/ Insurer if Deceased was in the Shoe of Owner

Kritika Pandey | Maharaja Sayajirao University of Baroda | 11th January 2020 Ramkhiladi & Anr. Vs. The United India Insurance Company & Anr., Civil Appeal No. 9393 of 2019 Facts:…

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