Case Notes

Brief background of Section 6 of Hindu Succession Act, 1956

Disha Agarwal | ICFAI Hyderabad | 29th August 2020  After the independence, the first law pertaining to the property under Hindu law was Hindu Succession Act, 1956. The Act dealt…

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National Green Tribunal vested with more power

Sabareesh Pillay | School of Law, University of Mumbai Thane Sub-Campus | 5th August 2020 THE DIRECTOR GENERAL (ROAD DEVELOPMENT) NATIONAL HIGHWAYS AUTHORITY OF INDIA vs. AAM AADMI LOKMANCH FACTS:…

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Supreme Court’s landmark ruling on Child Marriages

Disha Agarwal | ICFAI Hyderabad | 4th August 2020  Hardev Singh v/s Harpreet Kaur & Ors Facts: In the present case, Appellant (Hardev Singh) and Respondent (Harpreet Kaur) have married each other…

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Application of Multiplier Method on Compensation under Motor Vehicles Act

Isha Sawant | Government Law College | 4th August 2020 Erudhiya Priya v/s State Transport Corporation Ltd. Facts: The appellant, female, aged 23 (at the time of incident),a software engineer,…

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The plaintiff cannot claim compensation for mistake of identity

Kandeep Shravan | SASTRA Deemed to be University | 23rd July 2020 Phillips Vs Brooks FACTS: The facts of this case are a swindler by name north visited a firm of jewelers and…

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Important Judgments on Arbitration Law

Kandeep Shravan | SASTRA Deemed to be University | 19th July 2020 Hindustan Construction Company Limited & Anr. Vs. Union of India & Ors. The constitutional validity of section 87…

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Husband is entitled to get divorce from his wife if she desereted him for his low earning

Karthik.T | Sastra Deemed University Thanjavur | 17th July 2020 Geeta Jagdish Vs Jagdish Mangtani FACTS: The fact of this case is the husband filed a petition on the ground of desertion…

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Consideration is of major essence in a contract

KARTHIK.T | SASTRA DEEMED TO BE UNIVERSITY THANJAVUR | 14th July 2020 Durga Prasad vs Baldeo Facts: The plaintiff requested the district collector to construct some shops in his town. Those shops…

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The Doctrine of Attribution: A clear solution to the imprisonment of a company

Barathkumar K M | Sastra Deemed to be University Thanjavur | 18th June 2020 For a criminal offence, malice is an essential ingredient. Being an artificial person, the company has…

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Exempted organizations and information from the Right to Information Act

Barathkumar K M | Sastra Deemed to be University Thanjavur | 17th June 2020 Not every organization is coming under the Right to Information Act, which means some organizations are exempted…

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During the period of moratorium the banks cannot change the classification of the loan installment

Abhinav Mishra| Kirit P. Mehta School of Law| 17th June 2020 Case Name: Anant Raj Ltd. v. YES Bank Ltd. Introduction The petitioner had filed a petition seeking direction for…

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the letters of credit being an independent transaction would not be concerned with any dispute between buyer and seller.

Abhinav Mishra| Kirit P. Mehta School of Law| 17th June 2020 Case Name: Standard Retail Pvt. Ltd. v. M/s G.S Global Corp & Ors. Introduction The above petition have been…

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Writ petition seeking writ of Mandamus or any other writ to allow sale of liquor

Abhinav Mishra| Kirit P. Mehta School of Law| 15th June 2020 Case Name: Ojus Marketing Management Pvt. Ltd. and Anr. V. Commissioner, State Excise Maharashtra and Ors. Introduction The petitioner…

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Kerala elephant tragedy case

Abhinav Mishra| Kirit P. Mehta School of Law| 13th June 2020 Suo Motu based on the News Item in The New Indian Express Newspaper Dt. 03.06.2020, “Kerala elephant tragedy: Another…

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Application to enlarge the number of laboratories that can undertake test for COVID-19 for both symptomatic and asymptomatic patients.

Abhinav Mishra| Kirit P. Mehta School of Law| 11th June 2020 Case: Rakesh Malhotra v. Government of National Capital Territory of Delhi and Ors. Introduction The applicant seeks to direct…

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The exercise of judicial review power on President or Governor’s order should only be on the grounds incorporated in the Epuru Sudhakar case

Abhinav Mishra| Kirit P. Mehta School of Law| 10th June 2020 Case Name: Akshay Kumar Singh v. Union of India & Ors Introduction This writ petition primarily deals with the…

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Which authority has the jurisdiction to adjudicate the claims of apportionment?

Abhinav Mishra| Kirit P. Mehta School of Law| 9th June 2020 Case Name: Pritam Singh & Ors. v. Union of India & Ors. Introduction The case primarily deals with whether…

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Applicability of Rule 84 of the M.P Finance Code Bill in cases where there is no clerical mistake.

Abhinav Mishra| Kirit P. Mehta School of Law| 7th June 2020  Case Name: Chintaman Masulkar v. State of M.P and 5 ors. Introduction The petitioner has filed a petition under…

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Obligation of Magistrate to hear the accused before any direction of further investigation is made under 173(8) of the Cr.P.C.

Abhinav Mishra|Kirit P. Mehta School of Law| 6th June 2020  Satishkumar Nyalchand Shah v. State of Gujarat & Ors Introduction The Court deals with the issue of locus standi of…

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Whether delay in sending of FIR to the magistrate would vitiate the trial?

Abhinav Mishra|Kirit P. Mehta School of Law| 5th June 2020 Ombir Singh (Appellant(S)) v. State Of Uttar Pradesh and another (Respondent(S)) Introduction This criminal appeal primarily deals with the delay…

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Retirement of one partner from a partnership firm will lead to its dissolution if the firm contains only two partners

Abhinav Mishra|Kirit P. Mehta School of Law|4th June 2020 Case Name: Guru Nanak Industries, Faridabad and another (Appellant) v. Amar Singh (Dead) Through LRS (Respondent) Introduction: The civil appeal, due…

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