Bringing you the Best Analytical Legal News
The Court held that landowners are entitled to compensation for land acquired for a service road in a National Highway widening project and directed payment of the compensation amount, holding the denial of compensation for such land to be arbitrary.
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“The religious character of the “disputed area” of Bhojshala Complex and Kamal Maula Mosque was held to be a Temple of Goddess Vagdevi (Saraswati) in the light of provisions of Ancient Monuments and Archaeological Sites and Remains Act, 1958 and Places of Worship (Special Provisions) Act, 1991.”
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In medical emergencies where overcrowding, waiting periods and urgency compel patients to the nearest hospital regardless of empanelment status, a blanket rejection on procedural grounds violates the constitutional promise under Article 21, the Court directed independent reconsideration of each claim within four weeks with 6% interest.
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Jharkhand High Court, in a petition concerning welfare measures for practising advocates, observed that State resolutions and budgetary allocations for health insurance were already in place, and held that the reliefs prayed for stood substantially worked out.
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The Court altered the conviction from Section 20(b)(ii)(C) to Section 20(b)(ii)(B), NDPS Act, after the prosecution failed to prove joint possession of the total quantity of ganja recovered under 2 seizure lists and, treating the seizures separately and below commercial quantity.
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In the present case, the petitioner was convicted in three separate cheque dishonour cases under Section 138 of the Negotiable Instruments Act arising from a single loan transaction and was sentenced to pay substantial fines, with three months’ simple imprisonment in default in each case.
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Disclaimer: This has been reported after the availability of the order of the Court and not on media reports so as to
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The legislative intent behind Section 122(1-A) of the Act of 2017 is solely to identify the person at whose instance the violations took place and if the person had retained the benefits, the person would be liable to a penalty as mentioned therein.
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“Addressing the apprehension of auction sale of an arrested vessel, the Bombay High Court held that in view of the earlier auction process having failed due to technical reasons and the petitioner having made out a strong prima facie case, no auction of the vessel would be permissible at this stage.”
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In the present case, the Allahabad High Court examined a challenge to a murder conviction, focusing on how much weight should be given to witness statements recorded at different stages of the trial, including those made before the accused was summoned.
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The Court noted that the accused prescribed the fixed dose compound to the children below the age of 4 years, which was banned by the Government Circular, due to which many innocent children died.
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The Court held that welfare of the child remains the paramount consideration, but such welfare must be assessed after considering all relevant facts and circumstances rather than through a summary determination based on affidavits.
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Addressing the grave allegations in the Balaramapuram child murder case, the Kerala High Court held that despite the brutal nature of the offence, the absence of direct evidence linking the mother to the act and her delayed implication warranted her release on bail.
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The Delhi High Court while allowing a rectification petition filed by Renee Cosmetics (P) Ltd held that the mark “GLASS SKIN” is descriptive of skincare products and directed cancellation of its trade mark registration, finding it hit by Section 9(1)(b), Trade Marks Act, 1999.
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The High Court held that once a final decree has been passed, the said decree can neither be amended nor revised, and the only remedy available to a party is to challenge the decree under the appropriate provisions of law.
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The Court held that there was nothing on record to suggest that the post of Hindi Instructor is a feeder cadre for the post of Hindi Officer. Therefore, it cannot be said that the respondent was given promotion as Hindi Officer on 1 June 1998. The Court held that the respondent is entitled to 1st, 2nd, 3rd financial upgradation on accomplishment of 30 years of regular service.
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Observing that certain provisions of Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 were challenged for being ultra vires, the Court granted interim relief by restricting the Commissioner of Income Tax (Appeals) from passing any coercive order against Anil Ambani.
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The Delhi High Court, in a criminal contempt petition under Article 215, held that freedom of speech does not protect scandalous and unsubstantiated allegations of corruption and criminality against a sitting Judge, as such publications undermine the administration of justice.
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Delhi High Court held that ‘Ocean Pearl’ remained the dominant feature of the impugned mark ‘Prestige Ocean Pearl’ and granted an ex parte injunction restraining its use in connection with a luxury real estate project. The parties have also been referred to mediation.
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The Court held that date of birth dispute must first be resolved under Registration of Births and Deaths Act, 1969 before seeking correction in CBSE records.
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