Bringing you the Best Analytical Legal News
The Court observed that a citizen cannot claim an unrestricted right to engage in any activity merely because it is not expressly prohibited by law; Constitutional freedoms must be balanced against societal interests and corresponding civic obligations.
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Delhi High Court held that acceptance of pagri does not make a tenancy perpetual or confer ownership rights on a tenant. Upholding an eviction decree, the Court held that filing of the suit itself amounted to notice of termination and found the Delhi Rent Control Act inapplicable to the premises.
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The Court asserted that since the respondent-father had already travelled to USA, he could spend time with the child there and to give priority to the minor child, he could extend his stay in USA by working remotely from there.
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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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Delhi High Court ruled that the mandatory 30-day notice period under the Special Marriage Act cannot be relaxed merely because one of the parties is required to join employment abroad, emphasising that courts cannot bypass express statutory requirements.
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Meena Kumar Rohra, a close associate of HDIL promoter Rakesh Kumar Wadhawan, was directed to disclose her assets on oath within four weeks, with the injunction restraining her from disposing of assets continuing in force.
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In the present case, the Gauhati High Court examined the validity of a murder conviction based primarily on confessional statements recorded under Section 164 CrPC and alleged extra-judicial confessions.
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With 2.2 million candidates appearing in the re-examination and unlawful channels reappearing within minutes of every takedown, the Court held that narrower measures had been exhausted and that Telegram’s own CEO’s public admission of “backdating scams” and “hundreds of removed channels” constituted a concession that rendered the platform-wide block legally sustainable.
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The Kerala High Court upheld the conviction of a Madrassa teacher for offences under the POCSO Act, IPC, and Juvenile Justice Act, holding that a child survivor’s reliable and consistent testimony can independently sustain a conviction.
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Delhi High Court ruled that a daughter-in-law cannot continue occupying her sister-in-law’s property merely because she resided there with her husband. Once the husband’s permissive right ended, she had no independent right to remain in possession.
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In a Section 9 plea under the Arbitration and Conciliation Act, 1996, the Court holds that the Heads of Terms constitutes a prima facie binding commercial arrangement warranting interim protection, leaving questions of enforceability and entitlement to specific performance to the arbitral tribunal.
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A party that initially chose a retired Judge as sole arbitrator cannot later insist that only a technical expert can adjudicate because the dispute is factual in nature — the Kerala High Court directed the KHHAC to nominate a former Judge as presiding arbitrator, leaving it open to the tribunal to seek expert assistance on technical issues.
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The Bombay High Court granted leave to enable institution of a suit seeking protection against alleged infringement of Preity Zinta’s personality rights, copyright and reputation through AI-generated deepfakes, manipulated images, chatbot personas and other digital content disseminated online.
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The High Court held Clause 6.7 of the KERC Captive Verification Procedure introducing a dynamic “Unitary Qualifying Ratio” based on actual consumption contrary to Rule 3 Electricity Rules, 2005 and the proportionality benchmark laid down by the Supreme Court in Dakshin Gujarat Vij Co. Ltd. v. Gayatri Shakti Paper and Board Ltd..
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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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