Civil Law

Income to be assessed without deduction of allowances based on employee’s entitlement- Accident Compensation

Ukkash F | Sastra School of Law, Tamil Nadu | 21st May 2020  Triveni Kodkany and Others Vs Air India Limited and Others  FACTS OF THE CASE The Supreme Court in…

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Fundamental Right to Privacy and Tapping of Telephones

Shaunak Choudhury | Student of SVKM’s NMIMS Kirit P. Mehta School of Law | 21st May 2020 People’s Union for Civil Liberties v. Union of India (1997) 1 SCC 301 Facts  The…

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When an employee terminated from service and not giving them opportunity for re-employment is legal and justified?

Yugashree | School of Law Sastra University, Thanjavur | 20th May 2020 The Manager State Bank of   Bikaner vs. The Presiding Officer Central Facts: The Respondent had come up with a…

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If the third person was aware of the retirement of such partner who has retired then the principle of holding out will not apply

Ashutosh Rajput | Hidayatullah National Law University | 18th May 2020 Central United Bank Ltd. & Anr. v. B.A. Venkataramma Naidu Facts:  Ramakrishna Chattiar, Ramaswami Nadar, and Venkatarama Naidu are…

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Ascertainment of goods is necessary for the transfer of ownership

Ashutosh Rajput | Hidayatullah National Law University | 16th May 2020 Badri Prasad v. State of Madhya Pradesh & Anr. Facts: The contract was entered between the appellant and the…

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State must Pay Compensation for the Torts Committed by its Employees

Shaunak Choudhury | SVKM’s NMIMS Kirit P. Mehta School of Law | 15th May 2020 Saheli, A Women’s Resources Centre v. Commissioner of Police (1990) 1 SCC 422 Facts  The petitioner filed…

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Right to sue for the accounts of a dissolved firm under Partnership Act, 1932

Ashutosh Rajput | Hidayatullah National Law University | 15th May 2020 Prem Lata v. Ishar Dass Chaman Lal  INSC 30 Facts:  M/s Ishar Dass Chaman Lal was a partnership firm…

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Allow appropriate multipurpose activities but restrict use of laser lights, loud music, and fireworks in “Sisodia Rani ka Bagh”

Rida Farid Bazmi | Symbiosis Law School, Hyderabad | 12th May 2020 The Director, Department of Archaeology and Museum, Jaipur & Anr. Vs. Ashish Gautam & Ors. (CIVIL APPEAL NO. 4070 OF 2016). Fact: The…

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A mere acceptance of rent from an illegal sub-tenant does not create landlord-tenant relationship

Asmita Kuvalekar | Government Law College, Mumbai | 29th April 2020.  VINAYKISHORE PUNAMCHAND MUNDHADA AND ANR V SHRI BHUMI KALPATARU AND ORS (CIVIL APPEAL NO 6299 OF 2010 ARISING OUT OF…

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Courts cannot by themselves question the constitutionality of a statute; it must be specifically prayed for by petitioners

Asmita Kuvalekar | Government Law College, Mumbai | 27th April 2020.  JOINT SECRETARY, POLITICAL DEPARTMENT, GOVERNMENT OF MEGHALAYA VS. HIGH COURT OF MEGHALAYA (CIVIL APPEAL NO 2987 OF 2016 @ SPECIAL…

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Courts cannot usurp Speaker’s powers to disqualify Legislators

Asmita Kuvalekar | Government Law College, Mumbai | 26th April 2020.  SPEAKER HARYANA VIDHAN SABHA VS. KULDEEP BISHNOI AND ORS (CIVIL APPEAL NO 7125 OF 2012 ARISING OUT OF SLP (C)…

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Courts and Tribunals have no jurisdiction to correct military reports used for strategic purposes

Asmita Kuvalekar | Government Law College, Mumbai | 19th April 2020.  UNION OF INDIA AND ORS VS. BRIG. DEVINDER SINGH (CIVIL APPEAL NOS NO 2047-2048 OF 2011)  FACTS OF THE CASE: …

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State cannot take away liberties under a mere apprehension of a law and order situation; must create atmosphere conducive to freedom

Asmita Kuvalekar | Government Law College, Mumbai | 19th April 2020.  INDIBILITY CREATIVE PVT LTD AND ORS VS. GOVT OF WEST BENGAL AND ORS (WRIT PETITION (CIVIL) NO 306 OF 2019) …

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The Application of Principle of Estoppel in the Process in Recruitment

Vatsal Srivastava | Rajiv Gandhi National University of Law, Punjab | 16th April Introduction The principle of estoppel that precludes a person from asserting something contrary to what is implied…

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Interrogation at odd hours of the night amounts to violation of human rights

Asmita Kuvalekar | Government Law College, Mumbai | 11th April 2020.  CHIEF COMMISSIONER OF INCOME TAX, PATNA VS RAJENDRA SINGH AND OS (CIVIL WRIT JURISDICTION CASE NO 10707 OF 2011)  FACTS…

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Tenants would not be entitled to the benefit and rights under the Tenants Act unless they are in actual physical possession of the building constructed by them

Kosha Doshi | Symbiosis Law School, Pune | 6th April 2020 Bharat Petroleum Corp. Ltd. v. Chandramouleeswaran Facts:             The appeal filed by the companies had raised a question of law…

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‘Flood’ and ‘inundation’ are often used synonymous wherein ‘flood’ needs to be understood in a broader sense including instances where overflowing of water occurs due to excessive rainfall

Kosha Doshi | Symbiosis Law School, Pune | 6th April 2020 Oriental Insurance Co Ltd. v. M/s JK Cement Works Facts:              The respondent had a factory wherein the premises included…

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Judges can only be promoted to district judge; direct recruitment for advocates

Asmita Kuvalekar | Government Law College, Mumbai | 05th April 2020.  DHEERAJ MOR V HON’BLE HIGH COURT OF DELHI (CIVIL APPEAL NO 1698 OF 2020 ARISING OUT OF SLP (CIVIL) NO…

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‘Sufficient cause’ in Section 5 of the Limitation Act must be construed liberally so as to uphold right to appeal

Asmita Kuvalekar | Government Law College, Mumbai | 05th April 2020.  BHIVCHANDRA SHANKAR MORE V BALU GANGARAM MORE AND ORS (CIVIL APPEAL NO 4669 OF 2019 ARISING OUT OF SLP (CIVIL) NO…

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Mere Exchange of Information Amongst the Members of a Trade Association Does Not Amount to Collusion

Geethika Satti | ILS Pune | 3rd April 2020 Film and Television Producers Guild of India v. Multiplex Association of India and Ors. (Case 37 of 2011), as decided on…

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Compulsory retirement of judicial officers shall be based on a comprehensive review; past actions are not to be ignored

Asmita Kuvalekar | Government Law College, Mumbai | 02nd April 2020 ARUN KUMAR GUPTA V STATE OF JHARKHAND AND ANR (WRIT PETITION (CIVIL) NO 190 OF 2018)  FACTS OF THE CASE:  Removed…

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SC strikes down rules framed by center under Finance Act 2017 for tribunals

Kosha Doshi | Symbiosis Law School, Pune | 2nd April 2020 Roger Mathew v. South Indian Bank Ltd. & Ors. Facts-             In 2017, a petition by Roger Mathew accompanied by…

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Detention even before order of tribunal declaring her as foreigner

Kosha Doshi | Symbiosis Law School, Pune | 2nd April 2020 Mamtaz Begum v. Union of India [Writ Petition (Civil) 2312/2018; Gauhati High Court] Facts:             The dispute began when a…

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Married daughter has the same rights as a married son when it comes to seeking an appointment on compassionate grounds

Sonali Rajput | KLE Society Law College,Bangalore | 31st March 2020 Anjula Singh v Udham Singh Nagar District Cooperative Bank Ltd and ors., Civil Writ Petition No. 953 of 2016…

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For the grant of invalid pension, minimum qualifying years of service cannot be ignored

Lisa Coutinho | Pravin Gandhi College of Law | 31st March 2020 State of Odisha & Ors. v. Manju Naik Civil Appeal No. 9204 of 2019 Facts of the case:…

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