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LexForti Legal News Network

Search Without a Search Warrant is Infringement of Privacy

Kritika Pandey | Maharaja Sayajirao University of Baroda | 4th January 2020 Dnyaneshwar s/o Kachru Todmal ​Vs.​ The State of Maharashtra & Ors., Criminal Writ Petition No.25 of 2019 Facts: The incident…

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Mentioning of reason for framing the charges is not necessary

Sarthak Khandelwal | Kirit P. Mehta School Of Law, NMIMS University, Mumbai | 4th January 2020 BHAWNA BAI Vs. GHANSHYAM AND OTHERS CRIMINAL APPEAL NO. 1820 OF 2019 Facts Of Case:…

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Requirement of a Reasoned Award in Arbitration

Ronita Biswas | National Law University, Orissa | 28th December 2019 M/s Dyna Technologies Pvt. Ltd. v. M/s Crompton Greaves Ltd. (Civil Appellate Jurisdiction; Civil Appeal No. 2153 of 2010)…

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Kerala High Court

THE OPPORTUNITY OF TO BE HEARD IS NECESSARY BEFORE REMOVING THE NAME OF THE PERSON FROM VOTER LIST

Rabia Basaria | Panjab University, Chandigarh | 6th January 2020 A.Subair   v.   The Chief Election Commissioner of Kerala (Kerala High Court) (WP (C) .No. 13684 of 2019) MATTER: Petitioner name was struck…

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SEXUAL OFFENDERS AGAINST CHILDREN WOULD BE PUNISHED MERCILESSLY AND INEXORABLY

Ronita Biswas | National Law University, Orissa | 6th January 2020 Baburao @ Sagar Rupaji Dhuri v. The State of Maharashtra (Criminal Appeal No. 1068 of 2018 in POCSO SPL.…

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Even if crime is committed in one State, the accused can be tried in another State if the detrimental effect is in that state

AASHRAY CHAUDHARY | Symbiosis Law School, Hyderabad | 6th January 2020 State (NCT of Delhi) v. Brijesh Singh @Arun Kumar and anr. Facts The case falls under Maharashtra Control of…

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Suit filed under Section 34 of the Specific Relief act is maintainable at the behest of a legal representative

AASHRAY CHAUDHARY | Symbiosis Law School, Hyderabad | 6th January 2020 Samar Kumar Roy v. Jharna Bera (Civil Appeal No. 11200 of 2017) Facts The case was a result of…

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Estoppel from challenging the process of selection after one has taken part in the process and failed

AASHRAY CHAUDHARY | Symbiosis Law School, Hyderabad | 6th January 2020 D. Sarojkumari v. R. Helen Thilakom & Ors. Facts The subject of the case is under Kerala Education rules.…

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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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A tenant is not allowed to subletting the property without the consent of the owner

Kritika Pandey | Maharaja Sayajirao University of Baroda | 11th January 2020 A.Mahalakshmi Vs. Bala Venkatram through Lr & Anr., C.A. NO. 9443 of 2019 Facts: The owner of the…

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Courts must not interfere with the dismissal order of the Disciplinary authority, which is based on the inquiry

Sarthak Khandelwal | Kirit P. Mehta School Of Law, NMIMS University, Mumbai | 4th January 2020 The State Of Bihar & Ors. vs Phulpari Kumari|Civil Appeal No. 8782 of 2019 Facts…

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Untitled design (4)

The Amendment to Article 142(2) of NI Act, 2015 is Constitutional: Madras HC

Ronita Biswas | National Law University, Orissa | 28th December 2019 Refex Energy Ltd. v. Union of India & M/s Passive Infra Projects Pvt. Ltd. (W.P (MD) No. 11150 of…

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Allahabad High Court

Discharge application can be rejected if the Court establish a Prima Facie case against the Accused: Allahabad HC

Ronita Biswas | National Law University, Orissa | 28th December 2019 Om Prakash Kapoor v. State Thru. Cbi, Bs&Fc, New Delhi (Criminal Revision No. 1432 of 2019) Matter An FIR…

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Divorced on Ground of Adultery then, Wife is not entitled for Maintenance: Bombay High Court

Kritika Pandey | Maharaja Sayajirao University of Baroda | 28th December 2019 Sanjivani Ramchandra Kondalkar Vs State of Maharashtra & ors. Criminal Writ Petition No.2546 of 2016 FACTS: The parties…

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Plea of Title through Adverse possession can be used as a sword as well as a shield

Aashray Chaudhary | Symbiosis Law School, Hyderabad | 29th December 2019 RAVINDER KAUR GREWAL & ORS.  VERSUS MANJIT KAUR & ORS. Topics Property lawLimitations act Context and issues of the case Adverse possession is a terminology used…

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Retrenchment of the Workman must be proved to gain the right re-employment under 25(H) of the Industrial Disputes Act, 1947

Aashray Chaudhary | Symbiosis Law School, Hyderabad | 29th December 2019 Management of the Banara Cooperative Marketing-cum-Processing Society Ltd. v. Workman Pratap Singh Facts The respondent here worked as a…

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ZERO FIR is Mandatory in Cognizable Offence irrespective of their Jurisdiction: Delhi High Court

Kritika Pandey | Maharaja Sayajirao University of Baroda | 1st January 2020 Kirti Vashisht Vs. State & Ors. CRL.M.C., 5933/2019 FACTS: The respondent no.7 filed a complaint (hereinafter referred to…

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Untitled design (4)

Occupation of hotel room by an Unmarried Couple is not a Criminal Offence: Madras High Court

Kritika Pandey | Maharaja Sayajirao University of Baroda | 1st January 2020 Mypreferred Transformation and Hospitality Pvt. Ltd. Vs. The District Collector, WP No. 31230 of 2019 FACTS: The petitioner…

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When a statute lays down a particular manner for conducting disciplinary proceedings, then it has to be conducted in the prescribed manner and in no other manner.

Ronita Biswas | National Law University, Orissa | 24th December 2019  Manik Lal Das v. The State of West Bengal & Ors. Facts of the Case The Petitioner was an…

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Teachers at any level of education are not eligible for gratuity under Payment Gratuity Act, 1972

Aashray Chaudhary | Symbiosis Law School, Hyderabad | 26th December 2019 Birla institute of technology v/s State of Jharkhand Facts The case is related to the Payment of Gratuity Act,…

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Guidelines in order to strike a balance between the Senior Citizen Act and the Domestic Violence Act:

Kritika Pandey | Maharaja Sayajirao University of Baroda | 26th December 2019 Vinay Varma & ors Versus Kanika Pasricha & Anr, CM (M) 1582/2018 & Cm Appl. 53645/2018 FACTS: The…

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Seeking financial assistance for meeting domestic expenses would constitute demand for dowry: SC

Ronita Biswas | National Law University, Orissa | 26th December 2019 Jatinder Kumar v. State of Haryana (Criminal Appeal No. 1850 of 2010) Matter The Appellant along with his mother…

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Element of Disability not admissible in the Defence Service if the Disability is less than 20%

Kritika Pandey | Maharaja Sayajirao University of Baroda | 27th December 2019  Union of India & Ors Vs. Wing Commander S.P. Rathore ISSUE: Whether disability pension is payable in case…

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