Supreme Court Judgement

Principles to determine ‘Commercial Purpose’ with regard to hostel facilities to nurses in hospitals

Kosha Doshi | Symbiosis Law School, Pune | 31st March 2020 Lilavati Kirtilal Mehta Medical v. M/S Unique Shanti Developers Facts: In the year 1995, an agreement to sell was…

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The Bombay Animal Preservation Act, 1994 is held to be intra vires the Constitution

Kosha Doshi | Symbiosis Law School, Pune | 29th March 2020 State of Gujarat v. Mirzapur Moti Qureshi Kasab (2005 8 SCC 534; Supreme Court of India) Facts:             The Bombay Animal…

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Students can access answer scripts under RTI Act

Kosha Doshi | Symbiosis Law School, Pune | 27th March 2020 CBSE v Aditya Bandyopadhyay Facts:             Aditya Bandyopadhyay appeared in the CBSE examination. In spite of performing well in the…

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Freedom of Speech and Expression doesn’t Justify Boycott of Courts and Interpuption in the functioning of the Courts

KRISHA KAMAL | PRESIDENCY UNIVERSITY BANGALORE | 27th March 2020  DISTRICT BAR ASSOCIATION, DEHRADUN THROOUGH ITS SECRSTORY V. ISHWAR SHANDILYA & ORS. Facts: An SLP was filed by the District Bar Association, Dehradun…

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ICICI Bank Ltd. v. Ramdas Pawar. The Telecom Dispute Settlement and Appellate Tribunal (TDSAT)Decided on 10.10.2019

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Recently, the Central Government through gazette notification dated March 24, 2020 specified one crore rupees as the minimum amount of default for initiation of proceedings under the Insolvency and Bankruptcy…

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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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CELEBRATORY GUNSHOTS BY LICENSED GUNS FOR SELF PROTECTION- NOT ALLOWED

KRISHA KAMAL | PRESIDENCY UNIVERSITY, BANGALORE | 23rd March 2020 BHAGWAN SINGH V. STATE OF UTTARAKHAND Facts: The appellant after the marriage ceremony of his son, when they reached to…

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Defense of prior use cannot be accepted when the use of the mark is intermittent and not voluminous

Kosha Doshi | Symbiosis Law School, Pune | 23rd March 2020 Pep Industries vs Kurlon [CS(COMM) 174/2019 with IA 4871/2019 & IA 6715/2019; Supreme Court] Facts:             The suit instituted was…

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Application challenging the implementation of Karnataka Reservation Act, 2018 held as ‘not maintainable’

Lisa Coutinho | Pravin Gandhi College of Law | 25th March 2020  B K Pavithra & Ors v. Union of India & OrsM. A. No. 1323 of 2019 Facts of…

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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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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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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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Permanent Commission to be granted to the serving Women SSC Officers of Navy

KRISHA KAMAL | PRESIDENCY UNIVERSITY BANGALORE | 20th March 2020 UNION OF INDIA & ORS. V. LT. CDR. ANNIE NAGARAJA & ORS. Brief Facts: The petition was instituted by 17 women…

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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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The Triple Talaq Case

Shayara Bano Vs UOI and others Introduction  A strong union of the married couple must be present for a successful family life. Islam favors subsistence of marriage and the breach…

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SC sets aside RBI circular that curbed cryptocurrency in India

Kosha Doshi | Symbiosis Law School, Pune | 17th March 2020 Internet and Mobile Association of India v. Reserve Bank of India 2020 SCC OnLine SC 275 Facts:              The concept…

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Provisions of any law seeking person to divest any person from the rights in property have to be strictly followed

Kosha Doshi | Symbiosis Law School, Pune | 16th March 2020 DB Basnett v. The Collector Facts:             A land had been acquired in the year 1980 on which a center…

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The dependant of the deceased employee is not entitled for compassionate appointment if he has already received compensation under the Motor Vehicles Act

Lisa Coutinho | Pravin Gandhi College of Law | 16th March 2020 Rajasthan State Road Transport Corporation v. Danish Khan Civil Appeal No. 7802 of 2019 Facts of the case:…

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Liabilities of Lessees

 Afshan Ahmad | Dharmashastra National Law University, Jabalpur | 15th March 2020 FOOD CORPORATION OF INDIA AND ANR. V. M/s. V.K. TRADERS AND ORG. Facts: The different government agencies of Punjab…

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A court decree which has obtained finality past the period of limitation to file an appeal, cannot be in question

Daniyal Qureshi | Symbiosis Law School Pune | 15th March 2020 Kumud v Pandurang Narayan Gandhewar and Ors (2019) 7 SCC 287 Facts  The appellant in the present case is…

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