Bringing you the Best Analytical Legal News
‘Deemed confirmation is a perilous concept in service jurisprudence which has long been discarded since it erodes the power of the employer to assess work, conduct, and behaviour of the probationer.’
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“As per the rules the appellant was entitled for appointment in the subject of Social Science and therefore, she cannot be posted at a place where she is forced to teach a subject qua which she is not qualified.”
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Allahabad High Court emphasied that the proceedings under Section 27 Hindu Marriage Act, 1955 cannot be treated as independent or standalone proceedings to result in a decree.
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Considering how the accused dragged his pet inside the lift, the Court remarked that it showed that he was not compassionate towards his pet and did not care about the informant or his one-and-a-half-year-old son either.
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This case serves as an important reminder that a victim of sexual assault carrying the burden of an unwanted pregnancy may need more sensitivity to deal with as in many cases, such victims are under deep distress unable to process their situation and life. Further, each day’s delay in such cases in conducting MTP puts the victim under enhanced potential danger to her life
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“If a person is arrested on a warrant, the grounds for reasons for the arrest is the warrant itself; if the warrant is read over to him, that is sufficient compliance with the requirement that he should be informed of the grounds for his arrest.”
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The applicant’s role, who was at the stage of 30 weeks’ of pregnancy, is of assaulting the deceased with fists and chappal.
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“The consent of the complainant as defined under section 90 IPC cannot be said to have been obtained under a misconception of fact. There is no material to substantiate “inducement or misrepresentation” on the part of the accused to secure consent for sexual relations without having any intention of fulfilling said promise”.
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The Court observed that many accounts on YouTube channels and Meta’s social media platforms are using modern day technology to modify the voice, image, likeness etc. of Sadhguru to garner more views and subscribers to piggyback on his name and reputation.
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“The law… does not permit a retrospective resurrection of childhood once the individual steps into legal adulthood; and to permit otherwise would be to dilute the doctrinal rigour of age-based legal classifications and introduce subjectivity into a domain that demands exactitude.”
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“Disclose the area with geo-coordinates of each of the water bodies under their management and control as per the revenue record.”
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“It is the duty of Chief Executive Officer to ensure that no loss of money or property of Panchayat is caused…”
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The present FIR was lodged in the year 2022, almost after a delay of 14 years, whereas CBI has already conducted the investigation from 2009 to 2014 for the same offences by registering PE & RC during this period.
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The adjudication by an arbitrator should be such that neither of the parties would get even an iota of doubt with regard to impartiality of the arbitrator.
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The Court opined that the chats depicted the stark reality about the behavioural pattern of the complainant who appeared to be having manipulative and vindictive tendency.
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The Court agreed with Hemang Jadavji Shah’s contention that the intention to keep him in custody was to recover the amount that was sought to be settled in the mediation between the petitioner and his family members.
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“Every false complaint of sexual offences not just causes immense damage to the person accused of the offence, but also creates cynicism and distrust across the society, which leads to even the genuine victims of sexual offences suffer, as society starts suspecting her truthful complaint also to be false.”
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“The appellant was a first standard student at the time of the accident. Due to the injuries sustained, she was unable to continue her education. As a result, she was deprived of the opportunity to experience the normal joys of childhood, adolescence, and youth. In fact, she remained confined to a small room, completely dependent on others, through no fault of her own.”
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“It is for the trial Court to decide it on the basis of the evidence as to what is the material available to prove or otherwise the charges which have been framed.”
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SEBI observed that the trades were not routine or incidental but strategically timed to avoid substantial losses which would have occurred had the information been public at the time of trading.
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