Civil Law

Institutional Reservation in P.G. Medical Course

Karthik.T | Sastra Deemed University Thanjavur | 2nd July 2020 AIIMS Student Union Vs Union Of India FACTS: Three meritorious students who want to become a good doctor challenged the…

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Aborting the womb without the consent of the spouse amounts to mental cruelty

Barathkumar K M | Sastra Deemed to be University Thanjavur | 2nd July 2020  Suman Kapur Vs Sudhir Kapur Facts: The appellant Suman Kapur is the wife of the respondent, Sudhir Kapur. The…

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Retirement is not a ground to reduce Maintenance Amount

Karthik.T | Sastra Deemed University Thanjavur | 1st July 2020 S. Murugan Vs Tamilarasi FACTS: The fact of this case is the petitioner who is a central government servant. Works in C.R.P.F.…

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When there is a breach of contract, there will be compensation

Barathkumar K M | Sastra Deemed to be University Thanjavur | 23rd June 2020 M. Lachia Setty & sons Ltd Vs The Coffee Board Facts: The respondent was the Coffee board…

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An insurer is liable for the accident of vehicle, even if ‘No Objection’ certificate’ was not issued by the Financial body

Pranjal Sharma | Symbiosis Law School, Hyderabad | 21st June 2020 SURENDRA KUMAR BHILAWE VERSUS THE NEW INDIA ASSURANCE COMPANY LIMITED Facts The current case is a civil appeal against…

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Consensual Cohabitation of two adults of the same sex not illegal

Ukkash F | Sastra School of Law, Tamil Nadu | 19th June 2020 Madhu Bala Vs. State of Uttarakhand and Others  FACTS OF THE CASE The Uttarakhand HC made landmark remarks…

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Can a transfer order be quashed on the ground that Petitioner is afraid of getting COVID 19 Infection?

Pranjal Sharma | Symbiosis Law School, Hyderabad | 19th June 2020 Divya Gauba v. Union of India & Ors., W.P.(C) 3525/2020 & CM APPL. 12532/2020 FACTS The petitioner is a…

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The role of an Intermediary

Palak Katta | Unitedworld School of Law, Gujarat | 18th June 2020 Kent RO Systems Ltd & Anr. v. Amit Kotak & Ors.(2017) It is said, “With great power comes…

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It is the duty of the hotel management to take care their guests

Barathkumar K M | Sastra Deemed to be University Thanjavur | 16th June 2020 Klaus Mittelbachert Vs East India Hotels Ltd Facts: The plaintiff was a co-pilot in Lufthansa airlines.…

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NATIONAL PENSION SYSTEM (NPS)

Vijaya Malik| Lloyd Law College| 15th June 2020    Introduction  The national pension system was launched by the central government in 2004. Initially, this scheme was only limited to government employees.…

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NGOs are within the ambit of RTI Act, 2005

Anand sen | Gujarat National Law University | 15th June 2020 DAV College Trust and Management Society vs Director of Public Instruction Facts of the Case  In this case, the…

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Women workers stitching garments from home are employees under sec.2 (f) of Employees’ Provident Fund act

Barathkumar K M | Sastra Deemed to be University Thanjavur | 13th June 2020 The Officer In­ Charge, Sub ­Regional Provident Fund Office & Anr v. M/s Godavari Garments Limited Facts: In this case, the respondent company is a subsidiary…

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Supreme Court seeks Centre’s Response Whether Covid Patients can be given option in Getting treatment of their choice of Hospitals in a Uniform Fee

Ukkash F | Sastra School of Law, Tamil Nadu | 4th June 2020 FACTS OF THE CASE The petition is filed through Dharmaprabhas Law Associates. The Supreme Court sought the response…

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Determination of Damages from Breach of Contract

Sejal Makkad | Amity Law School, Amity University Chhattisgarh | 5th June 2020 Hadley vs Baxendale  Facts:  Plaintiffs owned a mill. The working of the mill was paused due to…

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Suspension of labour laws in the State of Uttar Pradesh – An act of incompetency or economic acumen?

Daniyal Qureshi | Symbiosis Law School Pune | 5th June 2020 In a desperate and much criticized attempt to provide support to the crumbling capitalist economic business setups, the state…

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Assault under Law of Torts

Sejal Makkad | Amity Law School, Amity University Chhattisgarh | 4th June 2020 Meaning Assault refers to making of gestures or words that would instil a feeling of fear under…

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Retirement of One Partner in a Two Partner Partnership causes Dissolution of Firm

Shaunak Choudhury | SVKM’s NMIMS Kirit P. Mehta School of Law | 4th June 2020 Guru Nanak Industries v. Amar Singh Facts This case arises from a conflict in a partnership…

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Reshaping Tortious Liablity Of State

Sejal Makkad | Amity Law School, Amity University Chhattisgarh | 31st May 2020 Jai Laxmi Salt Works Ltd. v The State of Gujarat 1994 (3) SCC 492 Facts:  The government of…

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Waiver of Second Motion: Mandatory or Discretionary

Sejal Makkad | Amity Law School, Amity University Chhattisgarh | 29th May 2020 AMARDEEP SINGH V HARVEEN KAUR CIVIL APPEAL NO. 11158 OF 2017 Facts:  The parties, Amar deep and…

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Principle of Legitimate Expectation and Promissory Estoppel Not Applicable in Academics

Shaunak Choudhury | SVKM’s NMIMS Kirit P. Mehta School of Law | 26th May 2020 Dr. Divyesh J. Pathak v. National Board of Examinations W.P. (C) 3005/2020  Facts The Petitioners in…

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Subsequent impossibility renders a contract as void

Ashutosh Rajput | Hidayatullah National Law University | 26th May 2020 Sushila Devi & Anr. v. Hari Singh & Ors. Facts:  Vidya Wati was the owner of the Kotli Delbagh…

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Broadened scope of term “Shared Household”

SEJAL MAKKAD | AMITY LAW SCHOOL, AMITY UNIVERSITY CHHATTISGARH | 23rd May 2020 SR BATRA V TARUNA BATRA, (2007) 3 SCC 169 Facts:  Taruna Batra was married to Amit Batra…

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Doctrine of Frustration Not Applicable for Suspension of Rent during COVID-19 Lockdown

Shaunak Choudhury | SVKM’s NMIMS Kirit P. Mehta School of Law | 23rd May 2020 Ramanand v. Dr. Girish Soni (CM APPL. 10847/2020) Delhi High Court Facts The Appellants/Tenants in this…

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Kerala High Court

Bar Council of India can Enquire into the matters of the Kerala’s State Bar Council and Trustee Committee of the Advocates Welfare Fund

Shaunak Choudhury | Student of SVKM’s NMIMS Kirit P. Mehta School of Law | 22nd May 2020 K.N. Anilkumar v. Bar Council of India (WA. No. 422 of 2020)  Facts This…

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Trademark registration is a necessity

SEJAL MAKKAD | AMITY LAW SCHOOL, AMITY UNIVERSITY CHHATTISGARH | 21st May 2020 Gomzi Active v. Reebok India Co & Anr. 2007 (34) PTC 161 (SC) Facts:  The appellant was of…

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