Bringing you the Best Analytical Legal News
The High Court held that the constitutional conscience of the Court favours the child’s right to identity over an alleged father’s concern for reputation. Social embarrassment of adults may yield where necessary; the rights of innocent children cannot be sacrificed merely to avoid discomfort.
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The Jharkhand High Court reinforces the principle that government departments are not entitled to special indulgence in limitation matters. Courts must protect private litigants from perpetual litigation caused by bureaucratic delays. The ruling sends a strong message that administrative lethargy cannot override statutory limitation periods.
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The Court directed that the petitioner’s bank account be unfrozen, which had been frozen on suspicion of cyber fraud and that the disputed amount be kept in separate fixed deposits, to be liquidated only upon the decision of the Judicial Magistrate in the matter relating to the alleged cybercrime or cyber fraud.
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Delhi High Court held that an unnatural death in police custody, including death by suicide, constitutes a violation of Article 21 of the Constitution and attracts the State’s public law liability to compensate the victim’s family.
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Pending adjudication of the writ petition, the Delhi High Court directed ZEE to initiate compliance with the BIS accessibility standards to make ZEE5 accessible to persons with disabilities.
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“…the provisions of Section 99 of the Insolvency and Bankruptcy Code, 2016, are procedural and are only for the purposes of recommending for approval or rejection of the application, where the recommendation would have to be based upon the facts and evidence presented to the Resolution Professional or collected by him under the powers conferred upon him to call for records and evidence.”
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In this case, wherein a plastic surgeon made a significant departure from the originally contemplated procedure of simple debridement and decided to amputate the plaintiff’s injured finger, the Court discussed the necessity of informed consent, a doctor’s duty of care and burden of proof in medical negligence cases.
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“Section 242 casts a higher threshold on the petitioner to demonstrate that the affairs of the Company are being conducted in a manner oppressive to any member or prejudicial to the interests of the Company, or that circumstances exist warranting its winding up on just and equitable considerations.”
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The Court held that while prosecuting offences arising out of the alleged sale or use of Chinese manjha, a Magistrate must record reasons demonstrating application of mind before taking cognizance and issuing summons.
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If there is neither acquisition of the land nor initiation of revision proceedings within the prescribed period of 10 years, and despite service of the statutory notice the authority fails to acquire the land or commence acquisition proceedings within 6 months, the reservation is deemed to have lapsed by operation of law.
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The Madhya Pradesh High Court gives interim relief to petitioners accused of cattle slaughtering, by staying the operation and effect of the administrative notice issued to dispossess the petitioners of their houses.
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The Court held that NSEI would qualify as a “public authority” not only under the second part, but also under the first part of Section 2(h), RTI Act.
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Supreme Court held that reliance on non-existent, AI-generated or hallucinated judicial precedents vitiates adjudication, rendering the decision void in law and warranting its setting aside.
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The Court observed ITRs are statutory documents when it comes to assessing one’s income, for the purposes of compensation under the MV Act. Hence, it issued the Guidelines for annual income assessment after effectively making a bifurcation between salaried individuals and self-employed individuals.
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Perusing the recommendations made by the committee for two separate wings of police for investigation and law and order maintenance, the Court issued directions to increase the police cadre strength and establish well-equipped investigation labs in the state of Rajasthan for fair and expeditious investigation as delay violates the right to fair investigation and speedy trial.
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The Court held that an error in taking cognizance under an incorrect statutory provision does not necessarily vitiate criminal proceedings. Under Section 465 CrPC, such an irregularity may be cured unless it results in a failure of justice or causes prejudice to the accused.
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The Court held that where a three-Judge Bench has recognised an earlier materially identical policy as an exercise of Article 161 power, a contrary coordinate Bench decision treating the later identical policy as statutory is per incuriam.
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Pal Promoters Pvt. Ltd. not liable to pay service tax on the construction services rendered to Tamil Nadu Police Housing Corporation (TNHPCL), Tsunami District Implementation Unit, Pudukkotai (TDIU) and for Peoples Development Association (PDA) and the demand is to be set aside as does not fall under Commercial or Industrial Construction Service.
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This Court viewed that the balance of convenience and equities, in the present case, overwhelmingly lie in favour of permitting the proposed liver donation and transplantation. In case such permission is denied, it may lead to loss of life of the petitioner’s father.
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Supreme Court has held that a compromise under Order 23 Rule 3 CPC must be signed by the parties or a duly authorised representative, and that an advocate cannot bind a client to a compromise affecting valuable property rights solely on implied authority
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