Bringing you the Best Analytical Legal News
To resolve the questions arising and considering the uncertainties regarding time-lapse between the date of the award and its enforceability and the ever-fluctuating exchange rates, the Court formulated twin principles.
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In 2019, Sus Road Baner Vikas Manch, preferred an application before the NGT, Western Zone, seeking to restrain Noble Exchange Environment Solution from operating the GPP, since the same had been established without following the procedure prescribed by law.
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Pointing out that if the law requires a particular thing to be done in a particular manner, the same shall be done in that manner only, the Court held that decision to authorise search must be a decision of the Appropriate Authority as a whole.
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On 5-9-2017, Gauri Lankesh, a journalist and a progressive thinker, was found dead in her house. Suspecting foul play, her sister filed an FIR against unknown persons.
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Considering the contention to read down R. 2(b)(ii) of Karnataka Civil Services (Appointment on Compassionate Grounds) (Amendment) Rules, 2021, the Court pointed out that who all can lay a claim for compassionate appointment, is a matter of public policy that falls within the domain of the lawmaker, and Courts being the legislature’s coordinate branch, cannot run a race of opinions.
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The complainant’s hair became extremely tangled after getting a hair spa treatment. As all efforts to untangle her hair went in vain; she had to cut her hair, which went against her religious tenets and beliefs as a Sikh and the affected her mentally, emotionally and professionally.
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The Court further held that there cannot be an absolute embargo on the Trial Court to initiate process under Section 319 CrPC., merely because a person, who though appears to be complicit, has deposed as a witness.
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The Court stated that subsequent mentioning of the reasons for appointment of junior ranked officer as Judge Advocate in the appellant’s copy of the convening order, especially after putting signatures by the issuing authority, was unauthorised and impermissible.
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The Court strictly observed that the offence against the petitioner is a shade more than horrendous. “More than horrendous, I say, for the reason that the petitioner is a teacher (…) If this cannot become a crime, it is not understandable as to what else can be”.
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Shashi Tharoor while addressing the audience at the Bangalore Literature Festival in 2018 had quoted lines from the article published by the Caravan magazine and which said that “Mr. Modi is like a scorpion sitting on a Shivling; you cannot remove him with your hand, and you cannot hit it with a chappal either.”
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The Collegium recommended the appointment of 5 Permanent Judges and 3 Judicial Officers as new Judges of Madras High Court.
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Considering the petition seeking directions for the Union Government to cancel existing licenses/permissions and to stop the grant of new licenses to Indian companies, the Court stated that the self-imposed restraint on Courts entering into areas of foreign policy is grounded in sound rationale which has been applied across time.
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The Court also directed the West Bengal Govt. to take steps to create confidence in the doctors vis-a-vis their safety and emphasised that resident doctors cannot be oblivious of the needs of the general community whom they are intended to serve, and they should return to work within the time indicated.
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In 2020, a FIR was registered by the CBI, ACB, Kolkata in respect of alleged illegal excavation and theft of Coal taking place in the leasehold areas of Eastern Coalfields Limited (ECL). Eventually ED issued summons in 2021 to the Appellants seeking their presence and documents pertaining to the matter.
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The Commission held that reliance on old CT scan report; invalid consent & unjustified delay in conducting Laparotomy, constituted Medical Negligence and directed the surgeon to pay compensation of Rs. 4 Lakhs.
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The issue in the instant case revolved around whether a dealer or the manufacturer can be construed as an ‘owner’ vis-a-vis fixation of tortious liability for payment of compensation, especially when the driver and deceased both were employees of the manufacturer.
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On 7-8-2024, the single Judge Bench of N. Anand Venkatesh, J., set aside Special Court orders discharging the minsters and their wives in corruption cases and directed them to appear before the Special Court for MP/MLA cases.
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After completing her 12th standard, the student had started preparing for the All India Law Entrance Test, 2022 and studied hard, so that she could achieve her dream to take admission in a National Law University and become a law aspirant.
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This segment aims to track and chart the monthly course of judicial appointments, retirements in the Supreme Court and High Courts along with recommendations made by the Supreme Court Collegium.
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The Court pointed out that the object of the Karnataka Stamp Act, 1957 is not to exclude evidence or to enable parties to avoid obligations on technical grounds. Rather, the object is to obtain revenue even from such instruments which are at the first instance unstamped or insufficiently stamped.
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