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National Seminar on Crime Prevention and Control at Symbiosis Law School, Hyderabad 29th FEBRUARY- 1st MARCH

About the Organiser The concept of ‘Symbiosis’ is nurtured by Dr. S. B. Mujumdar (Chancellor Symbiosis International Deemed University) on the principles of Vedic thought ‘Vasudhaiva Kutumbakam’ which means ‘World…

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Merely drinking can never be an abetment for a person to commit suicide

Shubhani Mittal | Vivekananda Global University | 13th January 2020 Ramrao Kisan Rathod v. State of Maharashtra, Crl. Appeal No. 391 of 2015 Facts – While preparing panchanama, one chit…

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Merely Because Wife Is ‘Capable Of Earning’, Maintenance Can’t Be Denied

Shubhani Mittal | Vivekananda Global University | 13th January 2020 Arun Vats v. Pallavi Sharma, Crl Revision Petition No. 751 of 2018 Facts - Justice Manoj Kumar Ohri dismissed a…

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Sympathy alone cannot give remedy to the party

Kritika Pandey | Maharaja Sayajirao University of Baroda | 13th January 2020 Indian Bank & Ors. Vs. Promila & Anr., C.A. NO.2798 of 2010 Facts: Jagdish Raj, husband of respondent-1…

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Property of Hindu male doesn’t remain the joint family property on his death

Harshit Sharma | Amity Law School, Madhya Pradesh | 13th January 2020 M Arumugam V/s.  Ammaniammal and Ors. Civil Appeal No. 8642/2009 FACTS OF THE CASE One Moola Gounder formed a coparcenary property…

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Allahabad High Court

REFORMATORY AND CORRECTIONAL OBJECT OF SENTENCING AND OBLIGATES THE COURTS TO GIVE BENEFIT OF PROBATION

Ronita Biswas | National Law University, Orissa | 11th January 2020 Ramdas Harijan & Ors. v. State of U.P. (Criminal Appeal- 2012 of 2003) Facts The informant, Ram Adhar and…

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MAINTAINABILITY OF ANY SUIT DEPENDS ON THE SUIT PLEADINGS, NOT ON THE RIVAL PARTY’S DEFENCE

Ronita Biswas | National Law University, Orissa | 11th January 2020 Jasraj Lalaji Oswal v. Raziya Mehboob Patel (Writ Petition No. 4294 of 2018) In 2014, Vijay Rahatkar filed a…

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SUBSTANTIVE RIGHTS OF PARTIES SHOULD BE AFFECTED IN CASE OF APPEAL UNDER MAHARASHTRA RENT CONTROL ACT, 1999

Ronita Biswas | National Law University, Orissa | 11th January 2020 Jasraj Lalaji Oswal v. Raziya Mehboob Patel (Writ Petition No. 4294 of 2018) Facts In this case, the petitioner…

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IF CASE DIARY AND OTHER MATERIALS COLLECTED REVEAL PRIMA FACIE CASE AGAINST THE ACCUSED, S. 43D (5) OF THE UAPA WILL BE ATTRACTED

Ronita Biswas | National Law University, Orissa | 11th January 2020 Abhay Nayak v. State of Chhattisgarh (CRA No. 1213 of 2019) Facts The Prosecution case, in brief, is that…

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EQUALITY OF LAW IS A POSITIVE CONCEPT AND IT CANNOT BE ENFORCED IN A NEGATIVE MANNER

Ronita Biswas | National Law University, Orissa | 11th January 2020 Sr. Divisional Manager, LIC of India v. Renuka Sharma (W.P.C. 669/2014) Facts The Respondent had applied for and was…

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Allahabad High Court

IF THE GENUINENESS OF ANY DOCUMENT IS NOT DISPUTED IT CAN BE TREATED AS SUBSTANTIVE EVIDENCE SECTION 294 (3) CrPC

Ronita Biswas | National Law University, Orissa | 11th January 2020 Bijendra Singh v. State of U.P. (Criminal Appeal No. 3079 of 1985) Facts A written report was submitted by…

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Every citizen is allowed to enjoy their rights in letter and spirit subject to reasonable restrictions

Ravikiran Shukre | Manikchand Pahade Law College, Aurangabad | 11th January 2020   Balwant Singh V. Commissioner of police and Anr. Facts of the case:  Appellant is a retired director general…

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A person claiming under a party to contract is, also bound by law

Ravikiran Shukre | Manikchand Pahade Law College, Aurangabad | 11th January 2020  Sadanand Prasad Sharma v. Dhrubendra Nath Samantha Facts of the Case:  A suit for specific performance was filed…

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Gain or loss need not be a total acquisition or a total deprivation

Ravikiran Shukre | Manikchand Pahade Law College, Aurangabad | 11th January 2020  K. N. Mehra V. State of Rajasthan (1957 AIR 369) Facts of the Case:  K. N. Mehra and…

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Parties are entitled to reopen the proceedings and continue the same from the stage where they were suspended

Lahari Gurrala | Symbiosis Law School, Hyderabad | 11th January 2020 M/S RUCHI ENTERPRISES AND ORS. vs M/S FULLERTON INDIA CREDIT COMPANY LTD W.P.(C) 2744/2019 Facts of the Case: Petitioners…

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Consequences of offence under 498A ensue even at the parental home of the woman

AASHRAY CHAUDHARY | Symbiosis Law School, Hyderabad | 11th January 2020 Rupali Devi v. State of Uttar Pradesh (Criminal appeal no.71 of 2012) Facts The initial bench in this appeal had…

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Power to grant interim relief is vested with the Arbitration Tribunal

Harshit Sharma | Amity Law School, Madhya Pradesh | 11th January 2020 State of Gujarat V/s. Amber Builders Civil Appeal No. 8307/2019 FACTS OF THE CASE The respondent contractor was…

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Detention without reason by Judicial Magistrate liable for departmental action by High Court

Kritika Pandey | Maharaja Sayajirao University of Baroda | 11th January 2020 Sri. Jaikant S S/O Sekar K Vs. State of Karnataka, Criminal Petition No.4306 of 2019 Facts: General Secretary…

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himachal pradesh high Court

Statement of Sole independent witness sufficient enough to decide a case

Shubhani Mittal | Vivekananda Global University | 7th January 2020 State Of Himachal Pradesh vs Nirmala Devi & Another Cr. Appeal No. 197 of 2007 FACTS- An FIR was filed…

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Courts must not interfere with the dismissal order of the Disciplinary authority, which is based on the inquiry

Sarthak Khandelwal | Kirit P. Mehta School Of Law, NMIMS University, Mumbai | 4th January 2020 The State Of Bihar & Ors. vs Phulpari Kumari|Civil Appeal No. 8782 of 2019 Facts…

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A tenant is not allowed to subletting the property without the consent of the owner

Kritika Pandey | Maharaja Sayajirao University of Baroda | 11th January 2020 A.Mahalakshmi Vs. Bala Venkatram through Lr & Anr., C.A. NO. 9443 of 2019 Facts: The owner of the…

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Section 163A of Motor Vehicle Act is not Maintainable against Owner/ Insurer if Deceased was in the Shoe of Owner

Kritika Pandey | Maharaja Sayajirao University of Baroda | 11th January 2020 Ramkhiladi & Anr. Vs. The United India Insurance Company & Anr., Civil Appeal No. 9393 of 2019 Facts:…

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Central Government to consider Amendment to adopt a Zero Tolerance norm in Motor Vehicle Act, 1988

Kritika Pandey | Maharaja Sayajirao University of Baroda | 11th January 2020 K.Shanmugam Vs. V.Krishnamurthy & Ors., Civil Miscellaneous Appeal No.1842 of 2006 Facts: The appellant was riding his Motorcycle,…

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Real Income or Income which is accrued and not the hypothetical Income is Taxable; defined the term ‘accrual of income’

Harshit Sharma | Amity Law School, Madhya Pradesh | 9th January 2020 The Principal Commissioner of Income Tax V/s. KALPATARU POWER TRANSMISSION LTD. R/TAX APPEAL NO. 790 of 2019 FACTS…

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In certain circumstances, law may permit denial of right of hearing, but, in order to deny that it should have a legal basis.

Ravikiran Shukre | Manikchand Pahade Law College, Aurangabad | 9th January 2020 Rudramuni Devaru V. Shrimad Maharaj Niranjan (AIR 2005 KANT 313) Facts of the Case: A well-known Veerashaiva Math…

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