Supreme Court issues directions for voters flagged in West Bengal Special Intensive Revision (SIR)
“It appears that approximately 1.40 crore individuals have been issued notices for the purpose of document verification.”
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Bar Association Not ‘State’, No Writ of Mandamus maintainable for alleged trespass in Court Chamber: Delhi High Court
“Bar Association is a body of private individual lawyers and in normal discharge of its functions, it does not perform any function which can be said to be a public function”
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State Police or its specialised agency can investigate Prevention of Corruption Act offences against Central Government Employees: Supreme Court
“The Vigilance and Anti-Corruption Bureau (VACB) is also a wing of State Police. The offences under the PC Act are also cognizable and can, therefore, be investigated by the State Police or VACB.”
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Delhi High Court dismisses Somnath Bharti’s Election Petition; Non-joinder of alleged corrupt candidate held fatal and incurable
“If the ROPA itself mandates that non-joinder of a necessary party leads to dismissal of an election petition, the Court cannot use CPC provisions to cure that defect.”
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Wait-listed candidate has no vested right to appointment beyond the statutory life of reserve list: Supreme Court
“The judiciary would do well to remain circumspect of these practical realities, and interpret service rules in a manner that furthers the very object of a selection process, that is, the selection of the most suitable candidates from suitable candidates for appointment in a timely manner.”
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Delhi HC amends rules to include ‘complainant’ and ‘victim’ within the term “parties” in criminal cases
“This amendment shall come into force from the date of its publication in the gazette.”
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Delhi High Court dismisses election petition challenging Manish Sisodia’s 2020 Patparganj Assembly Win
“An election petition involves judicial interference with the electoral process and, consequently, with the mandate of the people. For this reason, the provisions of the Act must be construed strictly.”
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Personal appearance of accused before appellate/revisional court on every date after suspension of sentence & grant of bail not warranted: Supreme Court
“The proper course is to proceed with the appeal on merits, ensuring representation, while securing presence only in accordance with law upon dismissal or as otherwise required.”
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Delhi HC enforces Amit Malviya’s undertaking; Stays defamation complaint against RSS Member
Amit Malviya had filed a criminal defamation complaint before the Patiala House Court against Santanu Sinha, a Rashtriya Swayamsevak Sangh (‘RSS’) member, regarding Facebook posts made by him.
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Rubbing penis against child’s private part not ‘Penetrative Sexual Assault’ under POCSO Act; Delhi HC modifies sentence
“The accused in this case was a doctor to whom the child was sent for medicine. The accused was in a position of authority and trust, and it was such a position that had been misused by him… In such circumstances, no leniency is called for.”
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Right to work | Expiry of selection panel can’t defeat substantive rights of a person with benchmark disability: Supreme Court
“True equality at the workplace can be achieved only with the right impetus given to disability rights as a facet of Corporate Social Responsibility.”
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S. 3 Judges (Inquiry) Act 1st proviso doesn’t negate individual authority of Parliament; Art. 32 remedy confined only to fundamental rights enforcement: SC
“Constitutional safeguards for Judges cannot come at the cost of paralysing the removal process itself. The first proviso must, therefore, be construed to balance prescribed protection with the effective functioning of the mechanism for removal of a Judge from office triggered by the peoples’ representatives, and not to frustrate it altogether.”
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Custody of one child does not dilute husband’s duty to maintain wife and other child living with her: Delhi High Court
“At the stage of consideration of interim maintenance, this Court is neither expected nor required to embark upon a detailed inquiry or conduct a mini trial to resolve such disputes conclusively.”
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No Relief to Tiger Global in Flipkart Share Sale case; Supreme Court says transaction designed with sole intent of evading tax
“Tax extractions by Sovereign states across the globe is broadly in the nature of an income tax called as the direct tax which includes international taxation and corporate taxation and the indirect tax which is a tax on goods and services which is termed as GST in India and VAT by the European Union and a resale tax in USA.”
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IFS probationers bound by amended Probation Rules; cannot sit in UPSC examination during training: Delhi High Court
Statutory amendments regulating probation and training apply prospectively to an ongoing probationary relationship, and the re-introduction of a prohibition on appearing in open competitive examinations during training does not amount to retrospective deprivation of rights.
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Delhi High Court stays summoning of accused in decade-old bank fraud case based solely on S. 161 CrPC statements
The Court opined that the issue requires detailed deliberations and stayed the impugned order till next date of hearing.
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Right to higher education cannot be curtailed lightly: Delhi HC restores MBBS Seat of candidate named as CBI witness
The State has obligation to protect Student’s Right to Pursue Higher and Professional Education.
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Delhi HC bars Civil Suit to stall IBC Section 7 Dispute as NCLT has Exclusive Jurisdiction; Imposes ₹2 Lakh Costs for “Luxury Litigation”
“In the considered opinion of the Court, it has now become necessary to come down heavily on luxury litigation and use costs as a means to filter out superfluous litigation.”
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Delhi HC closes contempt proceedings against Sub-Inspector for Arrest without Section 41-A CrPC notice; accepts unconditional apology
“In view of the fact that unconditional apology has been tendered by the Contemnor, which seems to be heartfelt, we accept the same and direct the closure of the proceedings.”
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Brand Ambassador/Endorser’s liability under Consumer Protection Act: Kerala High Court absolves Actor Mohanlal from liability in Manappuram Finance consumer case
A brand ambassador/endorser cannot be proceeded against in consumer dispute proceedings for unfair trade practice or deficiency of service unless a direct link is established between the endorser and the transaction.
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