Bringing you the Best Analytical Legal News
Supreme Court rules a 1957 registered sale deed is not void under pre-1982 UPZA & LR Act, restores appellants’ revenue entries, and clarifies Section 154
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In the present case, the Chhattisgarh High Court examined legality of blacklisting a pharmaceutical company that was unable to fulfil sharply escalated Remdesivir during the second wave of COVID-19, where demand was escalated manifold beyond the indicative tender quantity within a matter of days.
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Can an enhanced compensation award stand despite the exemplar judgments forming its basis being later set aside? The Karnataka High Court addressed this question in a dispute concerning land acquired for the Hassan-Arasikere Railway Project,
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“In the Lilavati Foundation recovery proceedings, Debts Recovery Tribunal Mumbai noted repeated non-compliance by Bank of Maharashtra with its earlier directions. The Tribunal ordered disclosure of sealed documents and sought complete compliance from the Bank, while also directing SBM Bank to furnish account records relevant to the case”
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The Court enhanced the compensation for the claimants while deciding the case on motor accident, taking into consideration the prospects and dismissed the issue raised by the United India Insurance Co. Ltd. (the Company) as they failed to prove any fraud on the claimant’s part.
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“While the loss of leg cannot be compensated, the appellant could be paid pecuniary compensation towards the purchase of the prosthetic leg and its repairs. It would tend to do justice.”
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The Court dismissed the Special Leave Petition, holding that no ground was made out to disturb the impugned order, while leaving the larger question of law open for consideration in an appropriate case.
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“The orders cannot be passed under Article 21 of the Constitution of India which guarantees freedom of life to all citizens, but such freedom has to be within the ambit of law.”
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Uganda High Court examined whether allegations circulated on a restricted Senior Management WhatsApp forum of the Uganda Revenue Authority were protected by qualified privilege, and whether publication of unverified allegations amounted to libel.
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The instant matter revolves around the applicability of Section 3(1), Employees’ Compensation Act, 1923 for claiming the compensation arising out of an accident at the workplace.
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“The issue is not related to the ‘title of the property’ but for the claim of fundamental right of worship or prayer and if the ‘disputed area’ is held to be a ‘protected monument’ under the provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958, the bar under the Places of Worship Act, 1991 would not apply.”
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The Supreme Court held that courts must ensure just compensation even where a legitimate conventional head has been omitted by the courts below. Correcting such an omission, it enhanced the MACT award by granting ₹40,000 each towards filial consortium to the parents of the deceased.
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“Every order issued by the Princely Ruler survives as law only when it goes through the test as prescribed under the Constitution, thus, the Ailan of 1935 was merely an executive or administrative arrangement and not a legislative enactment and the ASI report establishes a pre-existing temple structure, whose remains form the base of the present monument.”
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The Court reiterated that assessment of functional disability must reflect actual loss of earning capacity and not merely physical disability.
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“Having found that present applicant was not present at the scene of offence and was also not visible at the District Court, Surat as alleged by the complainant from the CCTV footage, the said aspect would itself demolish the very basis of the FIR against the present applicant.”
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“Bombay High Court allowed termination beyond 26 weeks based on the Medical Board’s finding of serious foetal abnormalities and the petitioner’s financial constraints.”
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Bank’s failure to return original property documents after full repayment of a housing loan despite RBI’s mandate to do so within 30 days, constitutes deficiency in service: DCDRC
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The Court held that the issue of how and at whose instance the forged judicial orders came into existence must first be investigated, and directed the Registrar General to lodge a police and cyber cell complaint, deferring consideration of the recall application until completion of the inquiry.
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Delhi High Court held that overnight custody was not warranted where the child had never stayed overnight with the father and required further time to acclimatise, the Court thus modified the Family Court’s order and granted the father extended daytime custody instead.
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Bombay High Court, in a petition concerning enforcement of a service bond and issuance of a relieving letter to an aircraft technician trained under an airline arrangement, held that the Industrial Court’s interim order was unsustainable, emphasising that resignation in breach of the bond cannot compel the employer to issue such documents.
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