Important Cases

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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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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Judicial Interpretation of Virtual Currency

Daniyal Qureshi | Symbiosis Law School Pune | 15th April 2020 Internet and Mobile Association of India v. Reserve Bank of India FACTS The Reserve Bank of India issued a…

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North Sea Continental Shelf Cases (1969)

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When male child contracts marriage with a female adult, the remedy is annulment, not punishment

Asmita Kuvalekar | Government Law College, Mumbai | 12th April 2020.  HARDEV SINGH V HARPREET KAUR AND OS (CRIMINAL APPEAL NO 1331 OF 2013)  FACTS OF THE CASE:  Challenging Punjab and…

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How To File For Mutual Divorce

Rohit Pradhan Mutual Consent Divorce is considered as one of the uncomplicated form of obtaining a Divorce in India. When both Husband and Wife dispose of their will to dissolve…

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Habeas Corpus petition can be filed to obtain a Child’s custody

Daniyal Qureshi | Symbiosis Law School Pune | 12th April 2020 Tejaswini Gaud and Ors v. Shekhar Jagdish Prasad Tewari and Ors. Facts  Father, Respondent No.1 of the child Shikha,…

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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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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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Live-in relationships are covered under the purview of Domestic Violence Act 2005

Daniyal Qureshi | Symbiosis Law School Pune | 27th March 2020 Shikarini v. Hitendra Chudasmi Decided on 27/2/2020 The High Court of Madhya Pradesh (Jabalpur Bench) Facts The appellant aggrieved…

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Kerala High Court

All e-transactions done through banks must be done with OTP

Daniyal Qureshi | Symbiosis Law School Pune | 26th March 2020 ICICI Bank Ltd. v. Ramdas Pawar. The Telecom Dispute Settlement and Appellate Tribunal (TDSAT) Decided on 10.10.2019 FACTS his…

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Procedure to be followed in investigating police encounters

Kosha Doshi | Symbiosis Law School, Pune | 26th March 2020 People’s Union for Civil v State of Maharashtra Facts:             The People’s Union for Civil Liberties (PUCL) filed a writ petition…

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Welfare of a child supersedes legal rights in custody matters.

Asmita Kuvalekar | Government Law College, Mumbai | 17th March 2020.  TEJASWINI GAUD AND OS V. SHEKHAR JAGDISH PRASAD TEWARI AND OS CRIMINAL APPEAL NO 838 OF 2019 ARISING OUT OF…

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Whatsapp personal message is not a public place.

KRISHA KAMAL | PRESIDENCY UNIVERSITY,BANGALORE | 16th March 2020 NIVRUTTI V. STATE OF MAHARASHTRA AND POOJA NIVRUTTI Brief Facts The petitioner was married to the respondent. They got married on…

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Latest Case Laws on Corona Virus (Covid – 19)

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How to Prove WhatsApp Messages in Courts ?

Ambalal Sarabhai Enterprise Ltd. v. KS Infraspace LLP Ltd. The Supreme Court of India on Monday, January 06, 2020 in Ambalal Sarabhai Enterprise Ltd. v. KS Infraspace LLP Ltd. has…

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Conjugal Rights of Defence Personnel

KRISHA KAMAL | PRESIDENCY UNIVERSITY,BANGALORE | 15th March 2020 Introduction Conjugal rights are basically the rights of married people to have a sexual relationship with their respective spouses.  Conjugal Rights…

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Judgments on Benami Transaction

Dhruv Chaudhry | Fairfield Institute of Management and Technology(GGSIPU) | 15th March 2020 INTRODUCTION Despite the truth, the Benami Transactions (Prohibition) Act, 1988 got here into pressure on 19.05.1988 (hereinafter…

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“Mosque Demolition an Egregious Violation” – What are the wrongs and remedies available for such violation?

Kosha Doshi | Symbiosis Law School, Pune | 12th March 2020 M Siddiq (D) Thr Lrs v. Mahant Suresh Das & Ors, November 9, 2019 Background- Ayodhya is a place…

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A false criminal case filed by one of the parties cannot be the sole ground for divorce

Daniyal Qureshi | Symbiosis Law School Pune | 12th March 2020 Managayakarasi vs M. Yuvaraj Supreme Court of India Decided on 3/3/2020 Facts : The present case is an appeal…

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Nirbhaya- The delay in Justice but no more acceptance of unjust

KRISHA KAMAL | PRESIDENCY UNIVERSITY, BANGALORE | 9th March 2020 MUKESH & ANR VS STATE FOR NCT OF DELHI & ORS BRIEF FACTS: On December 16th, 2012 at Delhi a…

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Can a case of violence under Domestic Violence Act, 2005, be filed against female relatives of an adult male person?

Falgu Mukati | Pravin Gandhi College of Law | 23rd February 2020  Hiral P. Harsora and Ors vs Kusum Narottamdas Harsora and Ors, Civil Appeal NO.  10084 of 2016 Matter…

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“Two-finger test” is unconstitutional, as it violates the right of the victim of sexual assault to privacy, physical and mental integrity and dignity

Harshit Sharma | Amity Law School, Madhya Pradesh | 5th February 2020 State of Gujarat V/s. Rameshchandra Ramabhai Panchal R/Crl. Appl. No. 122/1996 & R/Crl. Appl. No. 25/1996 FACTS OF THE…

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