High Court Judgement

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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400 225 Ravi Shukre

MTNL included under the Provident Fund Act

Ronita Biswas | National Law University, Orissa | 18th February 2020 Mahanagar Telephone Nigam Ltd. v. Union of India (LPA No. 111/2015 ) Matter The Appellant was a Govt. company…

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F/R under Art. 19 (1) is not absolute & nobody has a right to practice religion in a way so as to invade privacy of others

Ronita Biswas | National Law University, Orissa | 14th February 2020 Masroor Ahmad & Anr. v. State of U.P. (WRIT-C No. 43167 of 2019) Facts The Petitioner no. 1 had…

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Can the mere statements of eye witnesses be used as a ground for punishing the accused?

Falgu Mukati | Pravin Gandhi College of Law | 14th February 2020 State of Maharashtra vs Pappugulam Mustak Ali Khan, Criminal Appeal NO.901 OF 2002 Matter In the given case…

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400 225 Falgu Mukati

GREATER RESPONSIBILITY IS THRUST ON THE MANAGEMENT OF THE SCHOOLS AND COLLEGES TO PROTECT YOUNG CHILDREN

Ronita Biswas | National Law University, Orissa | 14th February 2020 D. Ganesan v. The Chairman/Special Officer, The Dharmapuri District Co-operative Sugar Mills Polytechnic (W.P. No. 37265 of 2004) Facts…

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Implementation of the statutory mandate under Section 33 of the PWD Act cannot await identification of posts suitable for appointment under Section 32

Ronita Biswas | National Law University, Orissa | 14th February 2020 Dileep Kumar Shukla v. Union of India (W.P.(C) 1904/2018) Facts The Petitioner had secured 780th rank in the CSE, 2011.…

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The credibility of any witness can be established when he is put to cross-examination

Harshit Sharma | Amity Law School, Madhya Pradesh | 14th February 2020 Rekha V/s. State of Uttar Pradesh & Anr. APPLICATION U/S 482 No. - 43580 of 2019 FACTS OF THE…

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Unregistered Partnership Firm can maintain a complaint u/s. 138 of the Negotiable Instruments Act, 1881

Harshit Sharma | Amity Law School, Madhya Pradesh | 14th February 2020 Narendra V/s. Balbir SinghCRIMINAL APPLICATION (APPA) NO. 748 OF 2018 FACTS OF THE CASE The Bench in the…

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400 225 Hshits1997

Can only tampering of electric meter be used as an evidence against the accused, in order hold him liable under Section 39 and Section 44 of the Indian Electric Act, 1910

Falgu Mukati | Pravin Gandhi College of Law | 10th February 2020 State of Maharashtra vs Girish Shankarlal Ostawal and Dilip Shankarlal Ostawal, Criminal Appeal NO.1139 OF 2003 Matter In…

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400 225 Falgu Mukati

Provisions of Section-194H of the Act pertaining to TDS was not applicable on discounts given by the Assessee to the distributors of prepaid SIM cards

Harshit Sharma | Amity Law School, Madhya Pradesh | 14th February 2020 Commissioner of Income Tax (TDS), Pune V/s. M/s. Vodafone Cellular Limited ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL…

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400 225 Hshits1997

Government is not supporting any Political Party by permitting display of its advertisements on Govt. Properties

Ronita Biswas | National Law University, Orissa | 5th February 2020 M/S EG. Communications Pvt. Ltd. v. Election Commission of India (W.P.(C) 12073/2019 & CM APPL.49463/2019 (stay), CM APPL.293/2020 (for…

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THERE IS NO PRESUMPTION THAT DELAY IN APPROACHING THE COURT IS ALWAYS DELIBERATE

Ronita Biswas | National Law University, Orissa | 5th February 2020 Sri Biswanath Pal v. Sri Sankar Nath Pal & Ors. (S.A 8 of 2016 with CAN 9460 of 2019) …

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Trial Court has to recommend the DLSA to decide and award the compensation but should not decide the quantum of Compensation

Harshit Sharma | Amity Law School, Madhya Pradesh | 31st January 2020 Karnataka State Legal Services Authority V/s. State of Karnataka & Anr. CRIMINAL REVISION PETITION No.306 of 2018 FACTS OF THE…

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400 225 Hshits1997

Disability Pension can be granted under Golden Jubilee Seema Prahari Kalyan Kawach only in some cases

Lahari Gurrala | Symbiosis Law School, Hyderabad | 31st January 2020 MOHIT AHLAWAT vs UNION OF INDIA AND ORS W.P.(C) 10769/2017 Facts of the case: The Petitioner joined the Armed…

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400 225 Lahari Gurrala

Universities cannot deny admission unless the information bulletin makes it crystal clear that the result of the supplementary exam would not relate to the main exam

Lahari Gurrala | Symbiosis Law School, Hyderabad | 28th January 2020 MR. ABHISHEK MOURYA Vs UNION OF INDIA AND ORS WRIT PETITION (CIVIL) NO. 9817/2019 Facts of the Case: The…

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400 225 Lahari Gurrala

Private school is entitled to impart religious instruction or study based on religious pluralism

Harshit Sharma | Amity Law School, Madhya Pradesh | 28th January 2020 The Trustee, Hidaya Educational & Charitable Trust V/s. State of Kerala & Ors. WP(C). No. 25006 OF 2017(A) FACTS…

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560 315 Hshits1997

Any member of the HUF being the co-owner may be permitted to prosecute the suit only in the absence of Karta

Harshit Sharma | Amity Law School, Madhya Pradesh | 21st January 2020 Madhuri Doulatram Choitram V/s.  Lachmandas Tulsiram Nayar & Ors.Writ Petition No. 9267/2019 FACTS OF THE CASE The respondent No.1-Lachmandas…

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400 225 Hshits1997
Kerala High Court

EVEN IF COPYRIGHT HAS BEEN ASSIGNED, THE AUTHOR OF A WORK SHALL HAVE SPECIAL RIGHT TO CLAIM AUTHORSHIP

Ronita Biswas | National Law University, Orissa | 22nd January 2020 Sanjeev Pillai v. Venu Kunnapalli & M. Padmakumar (FAO. No. 191 of 2019) Facts The case revolves around the…

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An award cannot be sustained on the ground that it doesn’t disclose reasons for its decision

Harshit Sharma | Amity Law School, Madhya Pradesh | 23rd January 2020 State of West Bengal V/s. Bharat Vanijya Eastern Private LimitedAPO No. 349 of 2017 FACTS OF THE CASE…

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400 225 Hshits1997
Allahabad High Court

An order cannot be varied, reserved in the exercise of powers under section 115

Ravikiran Shukre | Manikchand Pahade Law College, Aurangabad | 27th January 2020 Debi Das (deceased) etc. V. State of U.P. (AIR 2003 All 14) Facts of the case:  The property…

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400 225 Ravi Shukre
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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400 225 Ravi Shukre

No deduction from the gratuity could be made by the employer in such a manner which is inconsistent with the provisions of the Payment of Gratuity Act 1972.

Harshit Sharma | Amity Law School, Madhya Pradesh | 13th January 2020  Sri Tapan Chandra V/s. Union of India W.P. No. 22312 (W) of 2018 FACTS OF THE CASE The…

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400 225 Hshits1997
himachal pradesh high Court

Denial of salary, allowance or any other recurring benefit is a continuing wrong and thus not barred by limitation: Himachal Pradesh High Court

Harshit Sharma | Amity Law School, Madhya Pradesh | 14th January 2020  Jagdish Chand V/s. State of Himachal Pradesh & Ors. CWP No. 2411/2019 FACTS OF THE CASE The Upasaks…

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400 225 Hshits1997

Application of Guardianship of a minor is to filed in the Court under whose Territorial Jurisdiction the minor ordinarily resides.

Ronita Biswas | National Law University, Orissa | 20th January 2020 Sanchayita Deb (Guha) v. Susanta Deb (CO No. 3963 of 2018 with CO No. 3964 of 2018)  Facts Two…

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Detention without reason by Judicial Magistrate liable for departmental action by High Court

Kritika Pandey | Maharaja Sayajirao University of Baroda | 11th January 2020 Sri. Jaikant S S/O Sekar K Vs. State of Karnataka, Criminal Petition No.4306 of 2019 Facts: General Secretary…

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