High Court Judgement

Parties are entitled to reopen the proceedings and continue the same from the stage where they were suspended

Lahari Gurrala | Symbiosis Law School, Hyderabad | 11th January 2020 M/S RUCHI ENTERPRISES AND ORS. vs M/S FULLERTON INDIA CREDIT COMPANY LTD W.P.(C) 2744/2019 Facts of the Case: Petitioners…

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400 225 Lahari Gurrala

EQUALITY OF LAW IS A POSITIVE CONCEPT AND IT CANNOT BE ENFORCED IN A NEGATIVE MANNER

Ronita Biswas | National Law University, Orissa | 11th January 2020 Sr. Divisional Manager, LIC of India v. Renuka Sharma (W.P.C. 669/2014) Facts The Respondent had applied for and was…

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400 225 LexForti Legal News Network

IF CASE DIARY AND OTHER MATERIALS COLLECTED REVEAL PRIMA FACIE CASE AGAINST THE ACCUSED, S. 43D (5) OF THE UAPA WILL BE ATTRACTED

Ronita Biswas | National Law University, Orissa | 11th January 2020 Abhay Nayak v. State of Chhattisgarh (CRA No. 1213 of 2019) Facts The Prosecution case, in brief, is that…

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400 225 LexForti Legal News Network

SUBSTANTIVE RIGHTS OF PARTIES SHOULD BE AFFECTED IN CASE OF APPEAL UNDER MAHARASHTRA RENT CONTROL ACT, 1999

Ronita Biswas | National Law University, Orissa | 11th January 2020 Jasraj Lalaji Oswal v. Raziya Mehboob Patel (Writ Petition No. 4294 of 2018) Facts In this case, the petitioner…

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400 225 LexForti Legal News Network

MAINTAINABILITY OF ANY SUIT DEPENDS ON THE SUIT PLEADINGS, NOT ON THE RIVAL PARTY’S DEFENCE

Ronita Biswas | National Law University, Orissa | 11th January 2020 Jasraj Lalaji Oswal v. Raziya Mehboob Patel (Writ Petition No. 4294 of 2018) In 2014, Vijay Rahatkar filed a…

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400 225 LexForti Legal News Network
Allahabad High Court

REFORMATORY AND CORRECTIONAL OBJECT OF SENTENCING AND OBLIGATES THE COURTS TO GIVE BENEFIT OF PROBATION

Ronita Biswas | National Law University, Orissa | 11th January 2020 Ramdas Harijan & Ors. v. State of U.P. (Criminal Appeal- 2012 of 2003) Facts The informant, Ram Adhar and…

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400 225 LexForti Legal News Network

Merely Because Wife Is ‘Capable Of Earning’, Maintenance Can’t Be Denied

Shubhani Mittal | Vivekananda Global University | 13th January 2020 Arun Vats v. Pallavi Sharma, Crl Revision Petition No. 751 of 2018 Facts - Justice Manoj Kumar Ohri dismissed a…

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400 225 Shubhani

Merely drinking can never be an abetment for a person to commit suicide

Shubhani Mittal | Vivekananda Global University | 13th January 2020 Ramrao Kisan Rathod v. State of Maharashtra, Crl. Appeal No. 391 of 2015 Facts – While preparing panchanama, one chit…

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400 225 Shubhani
Allahabad High Court

JUDICIAL PROCESS SHOULD NOT BE AN INSTRUMENT OF OPPRESSION OR NEEDLESS HARASSMENT

Shubhani Mittal | Vivekananda Global University | 6th January 2020 Ranvijay Singh And Ors. ... vs The State Of U.P And Anr Case:- U/S 482/378/407 No. - 284 of 2013 FACTS…

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400 225 Shubhani
Allahabad High Court

Continuation of criminal proceeding would lead to oppression & prejudice to parties

Shubhani Mittal | Vivekananda Global University | 6th January 2020 Smt. Gomti Devi And Others vs State Of U.P. And Another Application  U/S 482 No. - 27341 of 2012 Facts – The…

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400 225 Shubhani

Transwomen comes under the ambit of expression “Bride”

Rabia Basaria | Panjab University, Chandigarh | 7th January 2020 Arunkumar vs The Inspector General of Registration (MADRAS HIGH COURT) W.P.(MD) No. 4125 OF 2019 AND W.M.P. (MD) No. 3220…

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himachal pradesh high Court

Statement of Sole independent witness sufficient enough to decide a case

Shubhani Mittal | Vivekananda Global University | 7th January 2020 State Of Himachal Pradesh vs Nirmala Devi & Another Cr. Appeal No. 197 of 2007 FACTS- An FIR was filed…

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400 225 Shubhani

Since the deceased was not a bachelor at the time of his death, the parents would not be entitled to claim any filial consortium, but is entitled to compensation in other conventional heads

Harshit Sharma | Amity Law School, Madhya Pradesh | 9th January 2020 IFFCO Tokio General Insurance Co. Ltd. V/s. Jyoti Ajay Avatade & Ors. FIRST APPEAL NO.1239 OF 2016 FACTS…

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400 225 Hshits1997

Real Income or Income which is accrued and not the hypothetical Income is Taxable; defined the term ‘accrual of income’

Harshit Sharma | Amity Law School, Madhya Pradesh | 9th January 2020 The Principal Commissioner of Income Tax V/s. KALPATARU POWER TRANSMISSION LTD. R/TAX APPEAL NO. 790 of 2019 FACTS…

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400 225 Hshits1997

Central Government to consider Amendment to adopt a Zero Tolerance norm in Motor Vehicle Act, 1988

Kritika Pandey | Maharaja Sayajirao University of Baroda | 11th January 2020 K.Shanmugam Vs. V.Krishnamurthy & Ors., Civil Miscellaneous Appeal No.1842 of 2006 Facts: The appellant was riding his Motorcycle,…

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400 225 LexForti Legal News Network
Kerala High Court

Right to access to Internet is an integral part of Right to Education & Privacy under Article 21 & is subjected to restrictions on free speech under Article 19(2) of the Indian Constitution

Harshit Sharma | Amity Law School, Madhya Pradesh | 4th January 2020 Faheema Shirin V/s. State of Kerala & Ors.  W.P. (C) No. 19716/2019 (L) FACTS OF THE CASE The…

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400 225 Hshits1997

Gravity of Criminal Offence alone cannot be decisive ground to deny Bail

Kritika Pandey | Maharaja Sayajirao University of Baroda | 4th January 2020 Santosh S/O Krishnappa Danakanakeri Vs. State of Karnataka, Criminal Petition No. 101779/2019 FACTS: A complaint was registered by…

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400 225 LexForti Legal News Network

Search Without a Search Warrant is Infringement of Privacy

Kritika Pandey | Maharaja Sayajirao University of Baroda | 4th January 2020 Dnyaneshwar s/o Kachru Todmal ​Vs.​ The State of Maharashtra & Ors., Criminal Writ Petition No.25 of 2019 Facts: The incident…

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400 225 LexForti Legal News Network
Kerala High Court

THE OPPORTUNITY OF TO BE HEARD IS NECESSARY BEFORE REMOVING THE NAME OF THE PERSON FROM VOTER LIST

Rabia Basaria | Panjab University, Chandigarh | 6th January 2020 A.Subair   v.   The Chief Election Commissioner of Kerala (Kerala High Court) (WP (C) .No. 13684 of 2019) MATTER: Petitioner name was struck…

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400 225 LexForti Legal News Network

SEXUAL OFFENDERS AGAINST CHILDREN WOULD BE PUNISHED MERCILESSLY AND INEXORABLY

Ronita Biswas | National Law University, Orissa | 6th January 2020 Baburao @ Sagar Rupaji Dhuri v. The State of Maharashtra (Criminal Appeal No. 1068 of 2018 in POCSO SPL.…

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Poverty or indigent status of the applicant is an important factor to be considered while enlarging the accused on Bail: Himachal Pradesh HC

Harshit Sharma | Amity Law School, Madhya Pradesh | 28th December 2019 Prakash Chand V/s. State of Himachal Pradesh Cr. M.P. (M) No. 2168/2019 FACTS OF THE CASE It is…

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560 315 Hshits1997
Untitled design (4)

The Amendment to Article 142(2) of NI Act, 2015 is Constitutional: Madras HC

Ronita Biswas | National Law University, Orissa | 28th December 2019 Refex Energy Ltd. v. Union of India & M/s Passive Infra Projects Pvt. Ltd. (W.P (MD) No. 11150 of…

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400 225 LexForti Legal News Network
Allahabad High Court

Discharge application can be rejected if the Court establish a Prima Facie case against the Accused: Allahabad HC

Ronita Biswas | National Law University, Orissa | 28th December 2019 Om Prakash Kapoor v. State Thru. Cbi, Bs&Fc, New Delhi (Criminal Revision No. 1432 of 2019) Matter An FIR…

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400 225 LexForti Legal News Network

Divorced on Ground of Adultery then, Wife is not entitled for Maintenance: Bombay High Court

Kritika Pandey | Maharaja Sayajirao University of Baroda | 28th December 2019 Sanjivani Ramchandra Kondalkar Vs State of Maharashtra & ors. Criminal Writ Petition No.2546 of 2016 FACTS: The parties…

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400 225 LexForti Legal News Network

Retracted confession of co-accused, not a sole ground for the conviction of the accused

Harshit Sharma | Amity Law School, Madhya Pradesh | 30th December 2019 Gopal Sarkar V/s. State of West Bengal., CRA No. 693/2017 FACTS OF THE CASE The present case pertains…

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400 225 Hshits1997
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