Civil Law

Even if a Juvenile is convicted, the same should be obliterated, so that there is no stigma with regard to any crime committed by such person as a juvenile

Lisa Coutinho | Pravin Gandhi College of Law | 31st March 2020 Union of India & Ors. v. Ramesh Bishnoi Civil Appeal No. 9109 of 2019 Facts of the case:…

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Application is not required to be filed before the Secondary evidence is led

Lisa Coutinho | Pravin Gandhi College of Law | 28th March 2020 Dhanpat v. Sheo Ram (Deceased) through Lrs. & Ors. Civil Appeal No. 1960 of 2020. Facts: The plaintiff…

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Courts should decide the issue of a custody on a paramount consideration which is in the best interest of the child who is the victim in the custody battle

Kosha Doshi | Symbiosis Law School, Pune | 27th March 2020 Soumitra Kumar Nahar v. Parul Nahar Facts: A couple had trivial matrimonial differences arising soon after the the birth…

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Office of CJI is subject to RTI Act

Asmita Kuvalekar | Government Law College, Mumbai | 26th March 2020.  CENTRAL PUBLIC INFORMATION OFFICER, SUPREME COURT OF INDIA V SUBHASH CHANDRA AGARWAL (CIVIL APPEAL NO 10044 OF 2010)  FACTS OF…

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In any case subsequent event cannot be considered for testing the legality of the order impugned or for moulding the relief in a writ petition

Lisa Coutinho | Pravin Gandhi College of Law | 23rd March 2020 Ram Chandra Prasad Singh v. Sharad Yadav Civil Appeal No. 2004 of 2020 Facts of the case: The…

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Registered Workers of the Board fall under the ambit of Consumer and can avail schemes and services for the same

Kosha Doshi | Symbiosis Law School, Pune | 22nd March 2020 Joint Labor Commissioner and Registering Officer v. Kesar lal Facts:             The Union Government under Section 40 and 62 enacted…

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In cases of Land lent by the government, the tenancy cannot be governed by the provisions of the Act and as such a tenant cannot be evicted

Kosha Doshi | Symbiosis Law School, Pune | 22nd March 2020 West Bengal Small Industries Development Corporation Ltd. v. M/s. Sona Promoters Pvt. Ltd. Facts:             The appellant, West Bengal Small…

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Limitation for filing an application for execution of a foreign decree of a reciprocating country in India

Kosha Doshi | Symbiosis Law School, Pune | 20th March 2020 Bank of Baroda v. Kotak Mahindra Bank Ltd. Facts:             Kotak Mahindra Bank Ltd. Had executed a Letter of Credit…

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An Incorrect Reference to the 1940 Act does not vitiate the Arbitration Agreement

Asmita Kuvalekar | Government Law College, Mumbai | 21st March 2020.  PURUSHOTTAM s/o TULSIRAM BADWAIK V ANIL AND ORS (CIVIL APPEAL NO. 4664 OF 2018 ARISING OUT OF SPECIAL LEAVE PETITION…

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No reason for the court to reassess or re appreciate the evidence appreciated in the First Appellate Court

Kosha Doshi | Symbiosis Law School, Pune | 21st March 2020 Palaniammal vs Kamalakannan [Civil Appeal 17355/2017] Facts:             The petitioner, wife and legal heir of Govindasamy who is the first…

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Legislators can Practise as Advocates in a Court of Law; They are not Employees of the Government

Asmita Kuvalekar | Government Law College, Mumbai | 22nd March 2020.  ASHWINI KUMAR UPADHYAY V UNION OF INDIA AND ANR (WRIT PETITION (CIVIL) NO 95 OF 2018)  FACTS OF THE CASE: …

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Any transfer or transaction in respect of an evacuee property is not valid unless it is made with the previous approval of the Custodian

Lisa Coutinho | Pravin Gandhi College of Law | 19th March 2020 Sitabai Shantaram Talawnekar & Ors. v. Custodian of Evacuee Property & Ors. Civil Appeal Nos. 8802-8803 of 2013…

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Making Laws For Specific Categories Does Not Violate Article 14

Asmita Kuvalekar | Government Law College, Mumbai | 20th March 2020.  RAM KRISHAN GROVER AND ORS V UNION OF INDIA AND ORS (CIVIL APPEAL NO. 8597 OF 2019 ARISING OUT OF…

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The Court can order the deposit of Passport in order to endure the presence of the parties in contempt proceedings

Lisa Coutinho | Pravin Gandhi College of Law | 20th March 2020 Shyam Sahni v. Arjun Prakash & Ors. Civil Appela No. 2210 od 2020 Facts of the case: The…

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Clearance under various enactments need to be obtained for Environmental Clearance

Kosha Doshi | Symbiosis Law School, Pune | 20th March 2020 Bengaluru Development Authority vs Mr. Sudhakar Hegde  Facts:                The appellant was associated with the development of an 8-lane…

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Eve-teasing of women amounts to violation of rights guaranteed under Article 14 and 15 of the Constitution

Lisa Coutinho | Pravin Gandhi College of Law | 17th March 2020 The Deputy Inspector General of Police & Anr. v. S. Samuthiram Civil Appeal No. 8513 of 2012 Facts…

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Sexual Harassment at workplace is an affront to the fundamental rights of a woman

Lisa Coutinho | Pravin Gandhi College of Law | 15th March 2020 Punjab and Sind Bank and Ors. v. Durgesh Kuwar. Civil Appeal No. 1809 of 2020. The case involves…

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All the love from James-3|All the love from James-2|All the love from James-2

This Court as the final arbiter must preserve the sense of balance that the beliefs of one citizen do not interfere with or dominate the freedoms and beliefs of another

Vaishnavi Annasaheb Nirmal | Manikchand Pahade Law College, Aurangabad | 10th March 2020 M Siddiq (D) Thr Lrs vs Mahant Suresh Das & Ors Civil Appeal Nos 10866-10867 of 2010…

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560 315 Vaishnavi Nirmal

One of the hallmarks of the law is certainty, predictability and stability unless the ground reality has completely changed

Vaishnavi Nirmal  | Manikchand Pahade Law College, Aurangabad | 2nd March 2020  Gujarat vs. Mirzapur Moti Kureshi Kassab Jamat, 2005 Fact of case: By the Bombay Animal Preservation (Gujarat Amendment) Act…

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560 315 Vaishnavi Nirmal

Contractual employees are also eligible to receive the Social security benefits

Ronita Biswas | National Law University, Orissa | 18th February 2020 M/s. Pawan Hans Limited & Ors. v. Aviation Karamchari Sanghatana (Civil Appeal No. 353 of 2020) Facts The Company…

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Does the right to be considered for promotion under Article 16 of the Indian Constitution include the right for promotion?

Falgu Mukati | Pravin Gandhi College of Law | 18th February 2020 Brig. Nalin Kumar Bhatia vs Union of India and Ors, Civil Appeal No. 5751 of 2017 Matter   Nalin…

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560 315 Falgu Mukati

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
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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400 225 Ravi Shukre

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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560 315 Ravi Shukre

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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560 315 Ravi Shukre
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