Bringing you the Best Analytical Legal News
Bombay High Court granted ad-interim relief to a student who cleared Class 10 without science subjects, got admission in science stream in Class 11 and cleared Class 12 and competitive examinations with above average performance, but was denied Class 12 marksheet due to ‘ineligibility’.
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A publicity interest litigation should be nipped in the bud so that valuable time of the Court is saved which can be effectively utilized in reducing huge pendency of cases.
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The Court said that a person may like or dislike any person, but it does not mean that he may start using derogatory and abusive language for the Prime Minister of the Country and his late mother.
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Bombay High Court observed that as the plaintiff has failed to make out a prima facie case in its favour, the aspects of the balance of convenience and irreparable loss that the plaintiff may suffer in the absence of interim reliefs, pale into insignificance.
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Kerala High Court noted that as against the condition not to involve in any other crime while on bail, the petitioner got involved in a similar crime.
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The Calcutta High Court observed that “conduct of the defendant is also to be looked into” and accepted the written statement of the defendant.
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The Court directs that the petitioner should be released on bail after noting the FSL report which shows that the DNA of the unborn child of the prosecutrix did not match with the accused.
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The Court also directed the Medical Panel to conduct an ossification test of the minor.
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Allahabad High Court remarked that Maulana Syed claims himself to be an Islamic religious scholar and he has claimed that he had made the statements “In light of the provisions of Holy Quran and Islamic jurisprudence” and “In the light of Shia school of thought, philosophy & jurisprudence” but he has not referred to a single verse of the Holy Quran.
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If adjudication of any stamp duty payable involves any complexity/ extraordinary circumstances, the adjudication of stamp duty can be extended for a maximum period of three months from the date of application.
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Kerala High Court suggested the petitioner to choose between Payment of Gratuity Act, 1972 and Kerala State Housing Board Employees’ (Pension and other Retirement Benefits) Regulations, 1990 for claim of gratuity or DCRG, since he cannot have gratuity under one with the ceiling limit payable under another Act.
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Bombay High Court perused the assignment deed pertaining to the film ‘Amba’ and opined that ‘the said work’ indicates plaintiff’s failure in making out a prima facie case of only audio rights being assigned to the defendant.
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“Section 143A empowers a Court to pass an order on interim compensation in favour of the complainant where the accused pleads not guilty to the accusations made in the complaint.”
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The Court said that offences under UAPA are serious ones relating to the security of the nation and FIR cannot be quashed on mere technicalities without going to the complete merit of the case.
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The temple is normally very crowded during the Anavasara Period and therefore, the court has directed the authorities concerned to ensure effective handling of the crowd.
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The principle that Bail is a rule and Jail is an exception has been well recognised by Supreme Court more specifically on the touch stone of Article 21 of the Constitution
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While a writ petition is pending wherein the appointment of a Director is challenged, the authorities concerned cannot appoint another Director without the leave of the Court.
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Where parties decide to put an end to the original contract as if it never existed and substituted a new contract with it, then in such a situation the original contract is extinguished by the substituted one and the arbitration clause of the original one perishes with it.
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Bombay High Court was convinced of a strong prima facie case for grant of ad-interim reliefs, finding the balance of convenience in favour of Indian Express.
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Kerala High Court found the instant bail application to be infructuous, since it was filed under Section 438 of CrPC, and the petitioner was already arrested.
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