New Mexico | Governor signs Civil Rights Act into law; banning qualified immunity from government officials
The New Mexico Civil Rights Act, 2021 has been signed by the Governor of New Mexico into law. The Act seeks to
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BIT Arbitral Awards Virtually Non-Enforceable in India: Does the Delhi High Court Need Course Correction
by Pratyush Miglani*, Nikhil Varma** and Prakhar Srivastava***
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CESTAT | For passing a valid adjudication order, valid service of show cause notice is essential; Tribunal allows appeal
Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Anil Choudhary (Judicial Member) allowed an appeal in which the issue before the Tribunal
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Kashi Vishwanath Temple-Gyanvapi Masjid Land Title Dispute Row; Varanasi Court allows ASI survey [Religious Character]
Varanasi Court, Uttar Pradesh: While the Allahabad High court is yet to decide the maintainability of the suit in the matter of
Continue reading[MV Act] Ori HC | Does compassionate appointment given to the widow allow deductions in compensation granted? HC decides
Orissa High Court: Biswanath Rath, J. dismissed both appeals being devoid of merits. The facts of the case are such that the
Continue readingKar HC | Whether State can tax consumption of electricity at the rate at which consumer had not purchased electricity? HC analyses in light of instant facts
Karnataka High Court: N. Sanjay Gowda, J., allowed the petition and quashed the demand note. The facts of the case are such
Continue readingSEBI | Reliance ménage in trouble; Irregular shareholding, default in trading regulations | Obtruded with a ₹ 25 crore penalty
Securities and Exchange Board of India (SEBI): K Saravanan, Adjudicating authority, imposed a penalty of Rs 2 crore on Reliance Industries Ltd.
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Whether punishment justified where the authority imposing punishment and approving it, is the same person? Supreme Court clarifies
Supreme Court: The 3-Judge Bench comprising of Uday Umesh Lalit, Hemant Gupta* and S. Ravindra Bhat, JJ., addressed the instant appeal filed
Continue readingChh HC | Legislature does not prescribe limitation with the object of destroying the rights of parties; Word “sufficient cause” to be given liberal construction
Chhattisgarh High Court: Rajendra Chandra Singh Samant, J., allowed the petition and set aside the impugned order. The facts of the case
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[S. 438 CrPC] HP HC | A balance has to be maintained between the right of personal liberty and right of Investigating Agency to investigate and arrest an offender for the purpose of investigation
Himachal Pradesh High Court: Vivek Singh Thakur, J., dismissed the petition and approved the prayer for custodial interrogation. The facts of the
Continue readingP&H HC | It is not only an abuse to process of law but also an attempt to overawe the authorities; HC imposes cost of 1 lakh for fake rape allegation
Punjab and Haryana Case: Harnaresh Singh Gill, J., dismissed the instant petition filed for issuance of directions to Police officials to hand
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Pak SC comes down heavily on virginity tests. Holds that dragging sexual history of the rape survivor in a case, by making observations about her body, is unconstitutional
Supreme Court of Pakistan: In a significant decision, the 3 Judge Bench of the Court comprising of Manzoor Ahmad Malik, Mazhar Alam
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[Google v. Oracle] SCOTUS | Google’s copying of the Java SE API, taking only what was needed to allow programmers to put their accrued talents to work in a transformative program, constituted fair use
Supreme Court of The United States: In a major decision in the copyright dispute between Google and Oracle over copying certain lines
Continue reading[Telephone Tapping] Chh HC | Dismissal from service based on telephonic recorded conversation offends Art. 21 of Constitution of India
Chhattisgarh High Court: Gautam Bhaduri, J., held that proper opportunity of hearing shall be given and procedure of rules of natural justice
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CESTAT | R. 6(3) of CCR, 2004 applicable only to manufacturers who manufacture two classes of the goods i.e. non-exempted and exempted goods; Tribunal allows appeal sets aside interest and penalty
Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Rachna Gupta (Judicial Member) allowed an appeal which was filed against the rejection of
Continue readingJ&K HC | “Their engagement in private coaching invariably slows down their performance in the Government schools”; HC upholds the ban on private tuition by Government teachers
Jammu and Kashmir High Court: Sanjeev Kumar, J., heard the instant petition challenging the validity of circular No. CEO/K/Monitoring/20/14887-967 dated 21-11-2020, whereby
Continue reading[Custody of minor child] P&H HC | Welfare of minor is the paramount consideration to be kept in mind while appointing a guardian in regard to S. 17 of the Guardian Act r/w S. 13 of the Minority Act
Punjab and Haryana High Court: Sudhir Mittal J. sets aside the impugned order and directed the custody to the mother subject to
Continue readingKer HC | “Their livelihood will be lost, if they fail to report back for duty”; HC directs Sessions Court to release passports of under-trial labours employed abroad
Kerala High Court: V.G. Arun, J., allowed the instant petition whereby the petitioners had sought for the issuance of directions to the
Continue readingMegh HC | Whether a criminal proceeding involving non-compoundable offence can be set aside and quashed, all parties having reached a compromise? Court decides
Meghalaya High Court: W. Diengdoh, J., allowed a petition which was filed against the rejection order of the Chief Judicial Magistrate about
Continue readingMP HC | Prolonged pre-trial detention an anathema to the concept of liberty, Court allows bail application
Madhya Pradesh High Court: S.A. Dharmadhikari, J., allowed an application for bail which was filed for the fourth time, the first one
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