Bringing you the Best Analytical Legal News
The conduct anterior to the levy may give rise to suspicion but it cannot, by itself, discharge the burden of proving that the goods actually removed after 1st March 2003 bore a brand name. Suspicion, however strong, cannot take the place of proof.
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The Court ensured that procedural obstacles did not deprive the petitioner and her brother of consideration under the guardianship framework.
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The Court emphasised unless a clear case of mala fides, demonstrable bias, lack of jurisdiction or abuse of process is made out before a competent court, the person under investigation cannot insist that the investigation be conducted by an officer of his choice.
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“The object of the enquiry shall not merely be to identify lapses in the present case but to ensure that such lapses do not occur in any police station in the State in future. The monitoring system shall move from a complaint-based approach to a real-time, automated and accountable mechanism, so that prolonged failures do not go unnoticed.”
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The Court released the petitioner-accused on bail, observing that the case substantially rested upon the statutory presumption under Section 35, Narcotic Drugs and Psychotropic Substances, Act, 1985 (NDPS Act) and such presumption is rebuttable. The Court specified that, in cases involving commercial quantity under the NDPS Act, the twin test contained in Section 37 remains mandatory.
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The Court held that a cooperative bank cannot withhold gratuity indefinitely on the basis of administrative autonomy, or pending criminal proceedings when no applicable service rule authorises such withholding.
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The August Roundup of Family and Personal Law contains important rulings and judgements from the Courts all over, on Live-In Relationships, marriage, divorce, maintenance rights under Hindu Marriage Act, 1955 and more.
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Jharkhand High Court: The Single Judge Bench of M.S. Sonak, CJ.,* dismissed the insurer’s appeal and enhanced compensation for the death of
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Calcutta High Court ruled that the goodwill and reputation of Fox & Mandal belong to the firm, not to the family of its former partners.
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Weighing a year in custody against the seriousness of the allegations, the Meghalaya High Court granted bail with strict conditions, including a complete prohibition on contact with the survivor.
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The Court held that although the rules of a competitive selection process cannot ordinarily be changed after the process has commenced, a uniform corrective measure adopted after expert scrutiny of defective questions will not necessarily amount to an impermissible change in the rules where the measure treats all candidates equally and causes no demonstrable prejudice. The decision also reinforces the limited scope of judicial review over expert assessment in competitive examinations.
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The High Court held that a solitary Instagram compliment, however inelegant, cannot be forced into the statutory mould of voyeurism, stalking, or insult to a woman’s modesty without proof of the essential ingredients of those offences.
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A paper mill’s new owner took over under an approved resolution plan, but the electricity board still wanted over ₹2.5 crore in old dues and surcharges before switching the power back on. The Calcutta High Court said the clean slate principle doesn’t have exceptions for electricity bills.
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The Court reiterated the golden rule of law that when a specific statutory provision to do certain act is codified under the statute, such an act must be and should be done in the same manner as codified under the statute or not at all. Any other mode is expressly forbidden in law.
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A 29-year-old woman was allegedly kept from leaving her own home for nearly three months, her phone and laptop taken away, after traveling to Manipur for what she believed were wedding preparations.
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“The Court held that the salary certificate and pay slip, corroborated by the oral testimony of the dependants and co-workers, constitute reliable and corroborative proof of the income of the deceased and cannot be rejected merely on the ground that the author of such documents was not examined.”
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The Jharkhand High Court held that where facts are disputed and official records contain discrepancies in an alleged custodial death, a judicial inquiry is mandatory to independently determine the truth and ensure accountability.
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The Court held that the respondents-firm were “persons resident in India” and several FEMA Regulations relied upon by the Directorate of Enforcement became inapplicable. Since these Regulations govern transactions involving persons resident outside India, they could not be invoked against respondents who were legally resident in India under FEMA.
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Observing that playing games is a fundamental right of the children and prohibiting the children from playing, takes away their overall health, the Court has directed that the defendant-association to reconsider its decision, specify the games to be played in the play area after taking confidence of the members of the association within a period of 3 months.
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The Court found serious doubts regarding the validity of the transfer and authenticity of payment records based on the applicant’s dual role as attorney and purchaser. The Court held that such disputed questions required a civil trial and not adjudication on affidavits. Hence, it dismissed the application, refusing to direct execution of the conveyance deed.
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