Reliance on WhatsApp chats alone insufficient to grant divorce on grounds of cruelty: Bombay HC
“Merely relying on the WhatsApp chat, the divorce decree cannot be granted, since it is not proved by leading evidence.”
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“Administrative laxity and systemic failures threaten public health and breach Article 21”; Jharkhand HC directs strict enforcement of Bio-Medical Waste Rules
“Handling of biomedical substances demands meticulous oversight and strict adherence to scientific procedures and any administrative or institutional laxity in this sphere brings grave and irreversible consequences.”
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Non-compete clauses against doctors void ab initio; Hospitals cannot prevent them from joining other institutions: Madras HC
“Doctors can thrive without hospitals, whereas a hospital can never exist without doctors supporting such hospitals by rendering their services.”
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Asian International Arbitration Centre appoints Kunal Vajani as Court Member of the inaugural Court of Arbitration
Kunal Vajani was previously a Court Member of the ICC International Court of Arbitration, Paris (2016—2024).
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Intention at time of entry determinative factor under S. 441 IPC; Mere entry into property not sufficient to establish criminal trespass: Orissa HC
“The entry must be accompanied by the requisite criminal intent as defined under Section 441 IPC and, in the case of Section 450 IPC, such intent must be to commit an offence punishable with imprisonment for life”.
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Bombay High Court: Revival scheme fails bona fide test; Swadeshi Mills Liquidation to continue
“The shareholders upon the order of winding up being passed is entitled to a share in the distribution of the company’s assets after liabilities have been discharged.”
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“Intention to insult is essential under the National Honour Act”: Bombay HC quashes FIR against 85-year-old over alleged inverted display of the National Flag
“Neither the statement of the watchman nor any material collected by the prosecution on record indicated that the applicant hoisted or displayed the Indian National Flag, or was involved in its display, on 26 January 2017.”
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Bombay HC affirms compensation rights for casual drivers under Employees’ Compensation Act
“Merely because the period for which the driver was recruited or employed is not mentioned, that cannot be a ground to reject the claim.”
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Jharkhand HC closes contempt case against advocate who said ‘country is burning with judiciary’; Accepts unconditional apology
“An advocate with over 40 years of legal practice is expected to show greater restraint, if not circumspection, as he is as much an officer of the Court as the Judge presiding over it.”
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Tenancy continues despite demolition, but eviction justified on landlord’s bona fide requirement & tenant’s prolonged non-user: Bombay HC
“It is clear that the landlord has established the requirement as pleaded and subsequent developments are not such as to completely eclipse or extinguish the bona fide requirement.”
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Bombay HC protects Shatrughan Sinha’s personality rights; Orders removal of AI-generated deepfake content
“The concept of personality right has gained momentum by reason of unauthorised exploitation on digital platforms and social media for commercial gain, which often results in tarnishing or damaging the personality rights of an individual and more often of a renowned and well-known personality.”
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Jharkhand HC stays investigation in minor road accident, safeguards advocate from coercive action
“The federal structure of our Constitution of India cannot be allowed to be destroyed and it is a duty of the High Court that once such type of matter is brought to the knowledge of the Court, the High Court is required to rise to the occasion.”
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Patentee not liable for agent’s negligence; Restoration of expired patent allowed: Orissa High Court
“The non-payment of renewal fee within the time was due to the fault of the authorised agent, and the date of expiry of the patent on 22-09-2021 was within the Covid-19 pandemic period.”
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NHRC issues notice over reported assault on journalist covering Delhi University protest
The NHRC has issued a notice to the Delhi Police Commissioner, calling for a detailed report on the matter within two weeks.
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Jharkhand High Court raises concern over rampant trafficking, seeks National SOP on Aadhaar disclosure for missing children
“What will happen in other cases where the parents of missing or trafficked children are themselves facing the rigors of trafficking of their own child and are not in a position to approach the Court.”
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Beedi rollers engaged through intermediary are employees under EPF Act; entitled to provident fund: Madras High Court
“The beedi rollers were producing beedis and rendering services to the company through traders, however, the presence of the traders as an intermediary does not alter the relationship between the beedi workers and the company.”
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Sanction under S. 19 Prevention of Corruption Act not required after retirement of public servant: Bombay High Court
“The offences alleged to have been committed by the applicant under the IPC cannot be regarded as acts done or purported to be done in furtherance of his official duties.”
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Madras HC: Procedural irregularity in affidavit filing doesn’t justify abandonment of Modern Kitchens’ trade mark application by Registrar
“Procedural provisions should not be interpreted with rigidity to the extent of defeating the substantive rights vested in the parties.”
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‘Parents’ bounden duty to care for child’: Madras HC upholds life sentence of parents who poisoned their child suffering from mental disorder
“If the law permits the accused parents to eliminate the children born with mental retardation, no such child would survive in this world.”
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Legal stalwarts unite for the release of Talha Abdul Rahman’s book In Chambers: A Young Lawyer’s Guide to Practice, Ethics and Advocacy
EBC launches Mr. Talha Abdul Rahman’s book titled “In Chambers: A Young Lawyer’s Guide to Practice, Ethics and Advocacy” on the practice, ethics, and craft of advocacy.
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