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Ravi Shukre

The circumstances should be of conclusive nature and they should be such as to exclude every hypothesis but the one proposed to be proved

Ravikiran Shukre | Manikchand Pahade Law College, Aurangabad | 3rd March 2020   Kalu @ Laxminarayan v. State of Madhya Pradesh (Criminal Appeal no. 1677 of 2010) Facts of the case:…

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Articles 25 and 26 vest the right to exhibit a person’s belief in his conduct by such outward acts as may appear to him proper in order to spread his ideas for the benefit of others

Ravikiran Shukre | Manikchand Pahade Law College, Aurangabad | 3rd March 2020  The Durgah Committee, Ajmer and Anr. V. Syed Hussain Ali and Anr. Facts of the case:  Khwaja Saheb…

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All the love from James

Once possession of the vehicle is handed to the hotel staff or valet, there is an implied contractual obligation to return the vehicle in a safe condition

Ravikiran Shukre | Manikchand Pahade Law College, Aurangabad | 3rd March 2020  Taj Mahal Hotel v. United India Insurance Co. Ltd. and Ors. (Civil Appeal no. 8611 of 2019) Facts…

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Social and religious outlook of the Hindu community has undergone a fundamental change as a result of the message of social equality

Ravikiran Shukre | Manikchand Pahade Law College, Aurangabad | 3rd March 2020  Sastri Yagnyapurushadji and Ors. v. Muldas Brudardas Vaishya and Anr. Facts of the case:  The appellants, who are…

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The courts before entertaining the PIL should ensure that the PIL is aimed at redress of genuine public harm or public injury.

Ravikiran Shukre | Manikchand Pahade Law College, Aurangabad | 25th February 2020  Case: State of Uttranchal v. Balwant Singh Chaufal and Ors. (Civil appeal no. 1134 – 1135 of 2002)…

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Under section 31, an appeal to Supreme Court is maintainable with leave of Tribunal provided that the ground should be a point of law of general public importance

Ravikiran Shukre | Manikchand Pahade Law College, Aurangabad | 25th February 2020  Case: Ex. Lac Yogesh Pathania v. Union of India (Civil Appeal no. 14214 of 2016) Facts of the…

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A balance has been sought to be drawn between the interests of the service with situations involving requests by persons enrolled to take civilian employment.

Ravikiran Shukre | Manikchand Pahade Law College, Aurangabad | 25th February 2020  Case: Amit Kumar Roy v. Union of India (Civil Appeal no. 4605 – 4606 of 2019) Facts of…

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It cannot be considered to be a satisfactory reason for not giving effect to the said Government Resolution particularly when there is no mention of a stay being granted to the Government Resolution.

Ravikiran Shukre | Manikchand Pahade Law College, Aurangabad | 25th February 2020 Case: Uttam R. Patil v. The State of Maharashtra and Ors. (Writ Petition no. 4959 of 2017) Facts…

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To hold that an order passed by a Court lacking jurisdiction is a nullity and is non-est order and where a Court lacked inherent jurisdiction parties cannot confer jurisdiction by consent.

Ravikiran Shukre | Manikchand Pahade Law College, Aurangabad | 25th February 2020  Case: Antikeros Shipping Corporation having its office at 80, Broad Street, Monrovia Liberia, C/o Eletson Corporation, 118 Koloktroni,…

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A close relative cannot be characterised as an ‘interested’ witness

Ravikiran Shukre | Manikchand Pahade Law College, Aurangabad | 16th February 2020  Namdeo v. State of Maharashtra (Criminal Appeal no. 914 of 2006) Facts of the case:  Deceased Ninaji Rupaji…

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There cannot be an inexorable formula in the matter of granting bail

Ravikiran Shukre | Manikchand Pahade Law College, Aurangabad | 16th February 2020  Swami Chinmayanand Alias Krishna Pal Singh v. State of U.P. (Criminal Misc. Bail Application no. 44814 of 2019)…

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Delay in initiation of the departmental enquiry, cannot be considered to be fatal if it is delayed by pendency of a criminal case

Ravikiran Shukre | Manikchand Pahade Law College, Aurangabad | 16th February 2020  Dinesh Kumar Bhardwaj v. State Bank of India through regional manager and Ors. (Writ Petition No. 39036 of…

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The quality and not the quantity of the evidence is necessary for proving or disproving a fact

Ravikiran Shukre | Manikchand Pahade Law College, Aurangabad | 16th February 2020 Kunju @ Balachandran v. State of Tamil Nadu (Criminal Appeal no. 112 of 2008) Facts of the case: …

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The satisfaction of the court for granting protection under Section 438 CrPC is different from the one under Section 439 CrPC while considering regular bail

Ravikiran Shukre | Manikchand Pahade Law College, Aurangabad | 14th February 2020  Satpal Singh v. State of Punjab   Facts of the Case:  Satpal Singh (in criminal appeal no. 462…

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There should be minimal interference by courts in matters relating to arbitration

Ravikiran Shukre | Manikchand Pahade Law College, Aurangabad | 14th February 2020  M/S Canara Nidhi Limited V. M. Sasikala and Ors. Facts of the case:  appellant is the financial institution…

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Bail can be granted in case where there are reasonable grounds for believing that accused is not guilty of such offence, and that he is not likely to commit any offence while on bail

Ravikiran Shukre | Manikchand Pahade Law College, Aurangabad | 14th February 2020  State of Kerala v. Rajesh (Criminal Appeal no. 154-157 of 2020) Facts of the case:  On 25 th…

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himachal pradesh high Court

Statement of hostile witnesses is not to be brushed aside in toto

Ravikiran Shukre | Manikchand Pahade Law College, Aurangabad | 16th February 2020  Baldev Singh & Ors. v. State of Himachal Pradesh (Criminal Revision no 190 of 2008) Facts of the…

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Kerala High Court

There shall be finality to the findings and sentence of Court Martial subject to their being confirmed and not annulled

Ravikiran Shukre | Manikchand Pahade Law College, Aurangabad | 14th February 2020 Sanjay Marutrao Patil v. Union of India and Ors. (Civil appeal no. 2448 of 2010) Facts of the…

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There can be no better proof than admission

Ravikiran Shukre | Manikchand Pahade Law College, Aurangabad | 14th February 2020  D. Sasikumar v. Soundarajan (Civil appeal no. 7546-47 of 2019) Facts of the case:  landlord contending to be…

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No new rights of promotion under Time Bound Promotion Scheme were conferred under memorandum of settlements

Ravikiran Shukre | Manikchand Pahade Law College, Aurangabad | 14th February 2020  The Institute of Charted Accountants of India v. J. R. William Singh (Civil Appeal no. 200 of 2020) …

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Delay in informing the insurance company would not debar the insured from getting the insurance claim

Ravikiran Shukre | Manikchand Pahade Law College, Aurangabad | 14th February 2020  Gurshinder Singh v. Sriram Genaral Insurance Co. Ltd. (Civil appeal no. 653/2020) Facts of the case: This case…

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560 315 Ravi Shukre

When complaint filed is not barred by limitation but at the same time it appears, there is no reason for lodging private complaint

Ravikiran Shukre | Manikchand Pahade Law College, Aurangabad | 2nd February 2020  Sardar Ali Khan v. State of U.P. through Principal Secretary of Home Dept. and Anr. (Criminal Appeal of…

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It does not require the presence of the both parties to a deed of sale

Ravikiran Shukre | Manikchand Pahade Law College, Aurangabad | 2nd February 2020  H.P.Puttaswamy vs Thimmamma (Civil appeal no. 3975 of 2010) Facts of the case:  Question of necessity of presence…

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560 315 Ravi Shukre

Judge shall invariable ask the parties if they can resolve the dispute by themselves before the trial

Ravikiran Shukre | Manikchand Pahade Law College, Aurangabad | 27th January 2020 Salem Advocates Bar Association, Tamil Nadu v. Union of India (AIR 2003 SC 189) Facts of the Case: …

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Kerala High Court

Vested right of appeal can be taken away only by a subsequent enactment

Ravikiran Shukre | Manikchand Pahade Law College, Aurangabad | 27th January 2020 Leela Mathew V. Krishna Moorthy (AIR 2003 KER 25) Facts of the case:  The suit was filed for…

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