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Legal

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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Application is not required to be filed before the Secondary evidence is led

Lisa Coutinho | Pravin Gandhi College of Law | 28th March 2020 Dhanpat v. Sheo Ram (Deceased) through Lrs. & Ors. Civil Appeal No. 1960 of 2020. Facts: The plaintiff…

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Order under revision is neither a final order or an intermediate order

Yugashree | School of Law Sastra deemed to be University, Thanjavur | 27th March 2020 Dadiba Kali Pundole vs. M/S Bid and Hammer Auctioneers  Facts: The petitioner being aggrieved by…

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A wrong decision does not give a right to a person to enforce the wrong order and claim equality

Kosha Doshi | Symbiosis Law School, Pune | 27th March 2020 Sr. Divisional Manager, LIC of India v Renuka Sharma [ Writ Petition Civil – 6692/2014; Delhi High Court] Facts:…

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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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Delhi HC restrains DMW e-rickshaw from using mark deceptively similar to that of German automobile manufacturer, BMW

Kosha Doshi | Symbiosis Law School, Pune | 27th March 2020 BMW vs Om Balajee Automobile [CS (COMM)292/2017; Delhi High Court] Facts: The plaintiff, BMW had submitted that it had started…

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Courts should decide the issue of a custody on a paramount consideration which is in the best interest of the child who is the victim in the custody battle

Kosha Doshi | Symbiosis Law School, Pune | 27th March 2020 Soumitra Kumar Nahar v. Parul Nahar Facts: A couple had trivial matrimonial differences arising soon after the the birth…

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Rape – Crime or a Culture

KRISHA KAMAL | PRESIDENCY UNIVERSITY BANGALORE | 27th March 2020  Rape: Rape is defined under section 375 of the Indian penal Code, 1860. The section is be read as;  A man…

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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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‘PUBLIC PLACE’ UNDER BIHAR EXCISE ACT INCLUDES PRIVATE VEHICLES

Asmita Kuvalekar | Government Law College, Mumbai | 27th March 2020.  SATVINDER SINGH @ SATVINDER SINGH SALUJA AND ORS V THE STATE OF BIHAR (CRIMINAL APPEAL NO 951 OF 2019 ARISING…

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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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Office of CJI is subject to RTI Act

Asmita Kuvalekar | Government Law College, Mumbai | 26th March 2020.  CENTRAL PUBLIC INFORMATION OFFICER, SUPREME COURT OF INDIA V SUBHASH CHANDRA AGARWAL (CIVIL APPEAL NO 10044 OF 2010)  FACTS OF…

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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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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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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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In the cases were plaintiff is unable to prove maintainability of the suit compensation to be paid to defendant

Yugashree | School of Law Sastra University, Thanjavur |25th March 2020 Jaiveer Singh Virk Vs Sir Sobha Singh and Sons Pvt Ltd Facts: Plaintiff who is one the Maternal Great…

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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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Alleged torture cannot be a ground for judicial review of rejection of mercy petition

Lisa Coutinho | Pravin Gandhi College of Law | 25th March 2020 Pawan Kumar Gupta v. State od NCT of Delhi Writ Petition (Criminal) No. 122 of 2020 Facts: The…

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Kerala High Court imposes costs of Rs 50k on petitioner seeking home delivery of Liquor amid COVID 19 Outbreak

Lisa Coutinho | Pravin Gandhi College of Law | 25th March 2020 Jyotish G. V. State of Kerala & Ors. Writ Petition (C) No. 9115 of 2020 Facts of the…

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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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Injunction Against Clothing Manufacturer From Using The Trade Name ISKCON

Kosha Doshi | Symbiosis Law School, Pune | 25th March 2020 International Society for Krishna Consciousness v. Iskcon Apparel Pvt. Ltd. Facts:          International Society for Krishna Consciousness (ISKCON) is a…

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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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In any case subsequent event cannot be considered for testing the legality of the order impugned or for moulding the relief in a writ petition

Lisa Coutinho | Pravin Gandhi College of Law | 23rd March 2020 Ram Chandra Prasad Singh v. Sharad Yadav Civil Appeal No. 2004 of 2020 Facts of the case: The…

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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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Untitled design (4)

The modes for creating the ‘lease’ under Section 107 are exhaustive and there is no scope for any other construction

Daniyal Qureshi | Symbiosis Law School Pune | 22nd March 2020 Joginder Sharma v. Kulwant Singh Decided on 21.1.2020 Facts  The appellant in the present case being an objector to the…

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