High Court Judgement

When case falls in category of “rarest of rare” cases, which calls for no punishment other than death then death reference made by trial court liable to be confirmed

Sonali Rajput | KLE Society Law College,Bangalore | 19th April 2020 State of Uttarakhand and ors v Akhtar Ali and ors. Criminal Reference No. 1 of 2016, Criminal Appeal Nos.…

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Kerala High Court

In camera examination in a plea bargaining procedure is not a mere formality

Daniyal Qureshi | Symbiosis Law School Pune | 15th April 2020 Sudhamol P.V. v. Mariamma Varghese and Ors Facts The appellant in the present case filed this appeal aggrieved by the conviction…

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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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In cases of Appeal the order passed in present petitions would be subject to any order passed by the subordinate court

Yugashree | School of Law Sastra University, Thanjavur | 6th April 2020 SOWIL LIMITED vs. INDIAN HIGHWAYS MANAGEMENT COMPANY LIMITED Facts: The applicant was granted a Work Order by the…

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Notice issued on plea for action against media for revealing identity of rape victim in Hyderabad rape case

Kosha Doshi | Symbiosis Law School, Pune | 6th April 2020 Yashdeep Chahal v. Union of India Facts: About 100 sexual assault reports are being reported at the police station…

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LAND ACQUISITION- ‘PERSONS INTERESTED’ INCLUDE THOSE WHO HAVE STAKE IN COMPENSATION PROCEEDINGS

Mukesh Kumar Mishra | Institute of Law, Jiwaji University, Gwalior | 6th April 2020 BURDWAN DEVELOPMENT AUTHORITY V. ARIFA KHATUN & ANR. (AND OTHER CONNECTED)  FACTS OF THE CASE  The Calcutta…

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Can father of a minor pregnant daughter can get the foetus of his minor daughter aborted, when the pregnant minor daughter herself is not agreeing for such termination?

Daniyal Qureshi | Symbiosis Law School Pune | 4th April 2020 Ram Avtar v. State of Chhattisgarh and Ors. The High Court of Chhattisgarh MANU/CG/0295/2020 Facts.  The brief facts of the…

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himachal pradesh high Court

An admittance to suicide amount to self-incrimination and cannot be tried under Section 309 IPC

Daniyal Qureshi | Symbiosis Law School Pune | 3rd April 2020 Pratibha Das v. State of Himachal Pradesh The High Court of Himachal Pradesh MANU/HP/2052/2019 Facts  The petitioner got married…

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Allahabad HC dismisses plea to quash notices to recover public loss from Anti-CAA protesters

Kosha Doshi | Symbiosis Law School, Pune | 3rd April 2020 Mohammed Kaleem v. State of Uttar Pradesh Facts:             With the nation emerging in flames as protests continue against the…

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When prima facie case is not brought against the complainant the petitioner without any question deserves bail

Yugashree | School of Law Sastra University, Thanjavur | 2nd April 2020 Mohan Kumar vs. Narcotic Control Bureau. Facts: Around 2.30 PM when the NCB team reached the office of…

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If the accused did not make a promise with the sole intention of seducing to commit sexual acts, such an act would not amount to rape

Yugashree | School of Law Sastra University, Thanjavur | 2nd April 2020 Govind Singh Rajput vs. State of Madhya Pradesh and another Facts: The second respondent filed a written complaint…

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Ensure Children Do Not Carry Heavy School Bags

Kosha Doshi | Symbiosis Law School, Pune | 2nd April 2020 Dr. Johny Cyriac v. The Ministry of Human Resource Facts-             A Public Interest Litigation had been filed by Dr.…

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

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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Every manufacturer or distributor or dealer has to sell an article of food by giving a warranty in writing

Yugashree | School of Law Sastra University, Thanjavur | 31st March 2020 Raghav Gupta vs. state and another Facts: The petitioner was the director of VV beverages, importer of Snapple…

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No infallible principle that God’s name is not registrable as trademark

Kosha Doshi | Symbiosis Law School, Pune | 2nd April 2020 Shyam Steel Industries limited v. Shyam Sel & Power Ltd. and Anr. Facts:             Shyam Steel Industries limited and Shyam…

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Madras HC on audio and video recording of witness statements

Kosha Doshi | Symbiosis Law School, Pune | 31st March 2020 Satheesh Kumar & Ors. v. Inspector of Police Facts: The criminal appeals 482 and 513 of 2017 were heard…

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Furnishing surety/ security, indemnity bond not required in every case seeking grant of a succession certificate

Kosha Doshi | Symbiosis Law School, Pune | 30th March 2020 Arvind Nanda v. State [CM (M) 265/2020 CM APPL. 7880/2020; High Court of Delhi] Facts:             The petitioner, Arvind Nanda…

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CSE rule declaring persons who had undergone organ transplant unfit for selection is archaic

Kosha Doshi | Symbiosis Law School, Pune | 30th March 2020 Udbhav Kumar Jain v. High Court of Delhi & Anr. [Writ Petition (civil) 13807/2019 CM no. 55473/2019; High Court…

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Karnataka HC upholds validity of amendment to KTTP Act allowing reservation for SC/ST category in public works tender process

Kosha Doshi | Symbiosis Law School, Pune | 30th March 2020 Sri Vishwanath HM v Government of Karnataka [Writ Petition 53036/2017; Karnataka High Court] Facts: The Karnataka Transparency in Public…

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Police Officer cannot seize driving license unless in uniform

Kosha Doshi | Symbiosis Law School, Pune | 31st March 2020 Mr. Suryaneel Das v State of West Bengal and others Facts:             In the following case, Mr. Suryaneel Das, the…

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At a premature stage of a case where investigation process is still going it is not fit to exercise powers under section 482 of Cr.P.C

Yugashree | School of Law Sastra University, Thanjavur | 30th March 2020 L C Nagaraja Vs The state by CBI Facts: The petitioner who is working with government as an…

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Delhi HC directs expeditious DNA testing of bodies of riot victims without waiting for court orders

Kosha Doshi | Symbiosis Law School, Pune | 30th March 2020 Sajid Ali v. Government of NCT of Delhi [ Writ Petition (civil) 2912/2020; High Court of Delhi] Facts:             On…

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Custodial Death shall raise a presumption of unnatural death when there’s nothing to show for ill health of the deceased

Daniyal Qureshi | Symbiosis Law School Pune | 29th March 2020 Konjengbam (O) Pishak Devi  v. State of Manipur Decided in 17.12.2019 The High Court of Manipur at Imphal Facts …

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Environmental Compensation Can’t Be Imposed Without Giving Notice to Violator

Kosha Doshi | Symbiosis Law School, Pune | 29th March 2020 Public Works Department, GNCTD v Central Pollution Board [Writ Petition (civil) 2693/2020; Delhi High Court] Facts:             In the present…

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The tribunals having exclusive jurisdiction to one act must take the primary question as nature of case and can proceed only if satisfied

Yugashree | School of Law Sastra University, Thanjavur | 28 March 2020 The Branch Manager, Oriental Insurance Company Limited vs. Poongavanam and others Facts Mani While driving a lorry which…

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