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Legislators can Practise as Advocates in a Court of Law; They are not Employees of the Government

Asmita Kuvalekar | Government Law College, Mumbai | 22nd March 2020.  ASHWINI KUMAR UPADHYAY V UNION OF INDIA AND ANR (WRIT PETITION (CIVIL) NO 95 OF 2018)  FACTS OF THE CASE: …

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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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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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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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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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Clearance under various enactments need to be obtained for Environmental Clearance

Kosha Doshi | Symbiosis Law School, Pune | 20th March 2020 Bengaluru Development Authority vs Mr. Sudhakar Hegde  Facts:                The appellant was associated with the development of an 8-lane…

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The Court can order the deposit of Passport in order to endure the presence of the parties in contempt proceedings

Lisa Coutinho | Pravin Gandhi College of Law | 20th March 2020 Shyam Sahni v. Arjun Prakash & Ors. Civil Appela No. 2210 od 2020 Facts of the case: The…

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Making Laws For Specific Categories Does Not Violate Article 14

Asmita Kuvalekar | Government Law College, Mumbai | 20th March 2020.  RAM KRISHAN GROVER AND ORS V UNION OF INDIA AND ORS (CIVIL APPEAL NO. 8597 OF 2019 ARISING OUT OF…

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Non-speaking order cannot be converted into a speaking order by way of an affidavit

Kosha Doshi | Symbiosis Law School, Pune | 20th March 2020 Reebok India vs UOI Anr [Writ Petition 952/2017; Delhi High court] Facts:             Reebok India Company registered under the Companies…

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If a person is convicted for life, unless he has actually served 14 years’ sentence, he will not be entitled to be considered for release by giving him benefit of remissions earned by him

Lisa Coutinho | Pravin Gandhi College of Law | 19th March 2020 Ex-Gunner Virender Prasad v. Union of India & Ors. Criminal Appeal No. 2035 of 2012 Facts of the…

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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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A man is obligated to pay maintenance in an extra marital live in relationship

Daniyal Qureshi | Symbiosis Law School Pune | 19th March 2020 Dinesh Mourya v. Anshu Mourya MANU/MP/0519/2020 Facts : The present case is a writ petition challenging the order of the…

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Special Provisions has to be read in consonance with the Intention of the Legislature and not to be read alone.

Yugashree | School of Law Sastra University, Thanjavur | 19 March 2020 Divisional Manager, Oriental Insurance Company Limited VS R. Damodharan and another Facts: Oriental Insurance Company that is the…

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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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Playing mischief upon the Constitution – Uttar Pradesh Ordinance on compensation for damage to property challenged

Kosha Doshi | Symbiosis Law School, Pune | 19th March 2020 Shashank Shri Tripathi v. State of UP [PIL No. 532/2020; Allahabad High Court] Facts:             The Utter Pradesh Government passed…

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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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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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himachal pradesh high Court

The Court is under the Constitutional obligation to safeguard the interests of the victim, the accused, the society, and the State

Daniyal Qureshi | Symbiosis Law School Pune | 17th March 2020 Rishi Puri v. State of Himachal Pradesh MANU/HP/0303/2020 Facts The brief facts of the case being that the complainant…

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Eve-teasing of women amounts to violation of rights guaranteed under Article 14 and 15 of the Constitution

Lisa Coutinho | Pravin Gandhi College of Law | 17th March 2020 The Deputy Inspector General of Police & Anr. v. S. Samuthiram Civil Appeal No. 8513 of 2012 Facts…

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Latest Case Laws on Corona Virus (Covid – 19)

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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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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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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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ICAI must provide reasons to a complainant when it closes case against a member

Kosha Doshi | Symbiosis Law School, Pune | 16th March 2020 Trideep Raj vs ICAI., W.P.(C)-9032/2018 Facts:             The petitioner had registered a complaint with the Institute of Chartered Accountants…

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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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