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Legal

Liability of banks W.R.T. customer’s forged signature on cheque

Krisha Kamal | Presidency University, Bangalore | 24th April 2020 INTRODUCTION The relationship between the bank and customer is considered to be an established contractual relationship. By virtues of this relationship…

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Only living daughters of living coparceners have equal rights in ancestral property

Asmita Kuvalekar | Government Law College, Mumbai | 24th April 2020.  MANGAMMAL @ THULASI AND ANR VS. T. B RAJU AND ORS (CIVIL APPEAL NO 1933 OF 2009)  FACTS OF THE…

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Political parties, NGOs and individuals are allowed to distribute relief materials to the poor with prior intimation

Ukkash F |SASTRA SCHOOL OF LAW THANJAVUR, TAMILNADU | 21st April 2020 Dravida Munnetra Kazhagam v The State of Tamil Nadu (WP No. 7458 of 2020) In the case, Dravida Munnetra…

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Mere apprehension on transmission of virus cannot lead to violate the right to information

KRISHA KAMAL | PRESIDENCY UNIVERSITY, BANGALORE | 20th April 2020 T. GANESH KUMAR V. UNION OF INDIA & ORS. Facts: This Writ Petition has been filed challenging the exemption given by…

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Courts and Tribunals have no jurisdiction to correct military reports used for strategic purposes

Asmita Kuvalekar | Government Law College, Mumbai | 19th April 2020.  UNION OF INDIA AND ORS VS. BRIG. DEVINDER SINGH (CIVIL APPEAL NOS NO 2047-2048 OF 2011)  FACTS OF THE CASE: …

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The Pandemic of Fake News: Analysing Journalistic Responsibility during COVID-19

ASMITA KUVALEKAR | GOVERNMENT LAW COLLEGE | 19TH APRIL 2020 Journalism has always played an important role in modern societies but never more so than during a pandemic. As the world…

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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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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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Magistrates can order further investigation even after a Chargesheet has been filed

Asmita Kuvalekar | Government Law College, Mumbai | 17th April 2020 VINUBHAI HARIBHAI MALAVIYA AND ORS V THE STATE OF GUJARAT AND ANR (CRIMINAL APPEAL NOS 478-479 OF 2017)  FACTS OF…

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The Application of Principle of Estoppel in the Process in Recruitment

Vatsal Srivastava | Rajiv Gandhi National University of Law, Punjab | 16th April Introduction The principle of estoppel that precludes a person from asserting something contrary to what is implied…

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North Sea Continental Shelf Cases (1969)

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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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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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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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Fraud simpliciter is not enough to vitiate arbitration agreements

Asmita Kuvalekar | Government Law College, Mumbai | 12th April 2020.  RASHID RAZA V SADAF AKHTAR (CIVIL APPEAL NO 7005 OF 2019 ARISING OUT OF SLP (C) NO 4061 OF 2019) …

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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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Anticipatory bail should not be limited to exceptional cases only

Asmita Kuvalekar | Government Law College, Mumbai | 12th April 2020.  SIDDHARAM SATLINGAPPA MHETRE V STATE OF MAHARASHTRA AND OS (CRIMINAL APPEAL NO 2271 OF 2010 ARISING OUT OF SLP (CRL)…

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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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Ex post facto environment clearances are derogatory to principles of environment law

Shaunak Choudhury | SVKM’s NMIMS Kirit P. Mehta School of Law | 11th April 2020 Alembic Pharmaceuticals v. Rohit Prajapati (2020 SCC OnLine SC 347) Facts  The Ministry of Environment and Forests…

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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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‘Information contained in a document is a ‘Corporeal Property’ and can be a subject matter of theft’

Yukti Gupta | Vivekananda Institute of Professional Studies | 11th April 2020 BIRLA CORPORATION LIMITED VS. ADVENTZ INVESTMENTS AND HOLDINGS LIMITED & OTHERS AIR 2019 SC 2390 FACTS-  The accused…

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The seat of the arbitration is akin to a jurisdiction clause

Daniyal Qureshi | Symbiosis Law School Pune | 8th April 2020 Mankastu Impex Private Limited v. Airvisual Limited The Supreme Court of India MANU/SC/0283/2020 Facts  The petitioner herein entered into an…

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Freedom of the Press in India in times of the Pandemic

Vatsal Srivastava | Rajiv Gandhi National University of Law, Punjab | 8th April 2020 Introduction The entire world has been under the drastic effect of the Coronavirus for more than…

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Case under section 18 of the NDPS act cannot be disposed on the ground that chain of evidence was incomplete

Yugashree | School of Law Sastra University, Thanjavur | 7th April 2020 Surinder Kumar vs. State of Punjab Facts: The appellant accused of an offense punishable under Section 18 of the…

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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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