Rajasthan HC overturns police constable’s conviction in 31-year-old prisoner escape case
Two prisoners had escaped after the police constable had shifted them to an open area due to excessive heat.
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‘Personal choice to prepare for competitive exams doesn’t warrant extension of professional course’; Himachal Pradesh HC denies MBA completion beyond prescribed period
“If such kind of plea, as the petitioner is making, is accepted by the Court, then, the Court will be flooded with litigations by all such candidates, who have not been able to complete their courses within the period prescribed in the Ordinance concerned.”
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“Gender-sensitive, emotionally intelligent, & child-centered judicial approach required in custody of minor girls”: Allahabad HC grants minor daughter’s custody to mother
“The principle that the father is the natural guardian of the minor child-boy or unmarried girl, and after him, the mother is primarily derived from section 6 of the Hindu Minority and Guardianship Act, 1956, though seminal at its time. Now it smacks patriarchal bias, therefore, become obsolete in the progressive realities of 21st- century in India”
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Gauhati High Court appoints Retd. District and Sessions Judge, Nagaland as an arbitrator in lottery printing dispute with Nagaland Government
The petitioner submitted that it filed an arbitration petition before Punjab and Haryana High Court, as part of the agreement was executed at Chandigarh. However, the Punjab and Haryana High Court was unable to decide the petition due to territorial bar. Hence, the present petition is filed.
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State has no legislative competence to levy tax on minimum tariff for supply of electricity: Karnataka High Court
The Court further clarified that only the tax on ‘minimum tariff’ has been held unconstitutional and not the tax collected on the consumption of electricity.
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Know why Jharkhand HC directed State Judicial Academy to impart extensive training to a Magistrate in bail matters
“These are the cases where personal liberty of the citizen is at stake. The Magistrate should very well be sensitized in these types of issues, especially about the judgments which relate and deal with personal liberty.”
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[Transgender Rights] Whether S. 498-A IPC complaint by trans-woman in a heterosexual marriage legally maintainable? Andhra Pradesh High Court Answers
To deny a trans woman the status of a ‘woman’ for the purpose of legal protection under Section 498-A IPC solely on the ground of her reproductive capacity is to perpetuate discrimination and to violate Articles 14, 15, and 21 of the Constitution.
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‘Right to life includes right to create life’; Rajasthan HC upholds Minor’s right to retain pregnancy against mother’s wishes
“The minor victim has the right to beget a life and/or create a life, which is a facet of Right to Life guaranteed under Article 21 of the Constitution of India”
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Eden Gardens Stadium not a ‘public place’; Calcutta High Court quashes Kolkata Municipal Corporation’s ₹51 Lakh Tax demand on Cricket Association of Bengal
“In common parlance, for a particular place to be a public place, the members of the public must have an absolute, unqualified and unconditional right of free access thereto of their own free will and volition without any restriction whatsoever.”
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Detailed Breakdown of Gujarat High Court Ruling on Delay in curing registry defects under Section 34 and its impact on arbitration applications
The Court noted that the registry did not follow the procedure prescribed in the GHC Rules for movement of the papers from the registry to the competent Court, thus there was no occasion for consideration by the Court concerned as to whether the respondents were entitled to condonation of delay in removal of office objections.
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Orissa HC quashes Permanent Debarment of higher judiciary aspirant from Government Service over procedural lapse
“The Government must conduct itself as a model employer and in a constitutionally ordained Welfare State a citizen could not be told that the reasons for a decision were stacked in the Godown of the Government since ours was not the East India Company of bygone era”.
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Delhi High Court directs Ghadi detergent to remove derogatory phrases targeting Surf Excel from its advertisements
It is permissible for an advertiser to undertake an advertising campaign to promote its own product so long as the same is not deliberately tarnishing or defaming the competitor’s product.
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Calcutta High Court upholds rejection of UCO Bank’s SARFAESI application by District Magistrate over Affidavit defects
The Court observed that since the jurisdiction of the District Magistrate under Section 14 of the Act, is not ministerial and not adjudicatory, such defects cannot be cured retrospectively or assumed to be merely procedural.
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Kerala High Court cracks down on plastic: Ban imposed in hills, weddings and public events
“The prolific use of plastic, coupled with unscientific and irrational methods of its disposal are leading to serious health hazard”
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Arbitrator cannot be impleaded in proceedings under S. 36(2) of A&C Act until prima facie case of fraud/corruption is established: Calcutta HC
The award debtor’s counsel contended that the bias is an element of fraud, and to adjudicate the allegations of fraud and/or bias, the member concerned of the arbitral tribunal is required to be impleaded in the proceedings under Section 34 and Section 36(2) of the Arbitration and Conciliation Act, 1996.
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Gujarat High Court: Registration/permission from authorities is mandatory to use premises either as PG Hostels or Home Stays
The Court directed the respondents to publicise the pre-requisite conditions necessary to be fulfilled before a premise may be used as a PG Hostel or a Home Stay.
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Know why Jharkhand High Court ordered interim stay on investigation against Bokaro Steel Plant officials in a protester’s death
The Court passed an interim order directing the respondents not to proceed with the investigation of the FIR.
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Calcutta High Court directs Transgender Person to file fresh passport application, Mandates Identity Card be duly considered
The Court observed that the transgender identity card of the petitioner shall be taken into account at the time of consideration of the petitioner’s application for passport.
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Houses cannot be used as prayer halls without permission from authorities: Madras High Court reiterates
“Mere non usage of loudspeaker and microphone will not solve the issue. The crux of the issue is that the petitioner cannot convert a house into a prayer hall to conduct prayer meetings. That requires proper permission from the authorities.”
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Police cannot invade homes of history-sheeters at odd hours under pretext of surveillance: Kerala High Court
“Every man’s house is his castle or temple, the sanctity of which cannot be vilified by knocking on the door at odd hours. A person’s right to life encompasses the right to live with dignity and dignity is non-negotiable.”
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