Summons cannot be issued against ‘a post’ in criminal cases, as it is not a juridical person: Jharkhand High Court
In the case at hand, criminal proceeding was initiated against the post of ‘Plant Head’ of a company.
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Delhi High Court allows recording of evidence of US-based witness through Video Conferencing in an Official Secrets Act case
“The objective of the stringent Official Secrets Act provisions is achievable through calibrated safeguards, including conducting the examination from a secured State-controlled facility, ensuring an in-camera regime, restricting devices, and controlling the display and movement of documents. The law demands reasonable containment of risk.”
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Once dispute is referred to mediation and settlement is reached, Trial Court cannot refuse decree: Orissa High Court
“The disputes between the neighbours relating to the easementary rights are clearly mentioned as being suitable for mediation.”
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‘No implementation or execution of mutually settled agreement’: Delhi High Court refuses to quash FIR in matrimonial case
As per the settlement, the husband agreed to deposit a total sum of Rs. 30,00,000. However, the husband merely deposited cheques of certain amounts, which had not been released to the wife, due to husband’s failure to appear in Family Court, resulting in dismissal of divorce petition.
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“Lack of timely supervision”: Chhattisgarh HC directs Collector to provide solution for obstruction of public passages in Dayalband Bridge Blockage Case
“Though subsequent orders led to removal of the obstruction and initiation of preventive proceedings, the facts reflect lack of timely supervision and failure to prevent encroachment over a commonly used public passage.”
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Supreme Court explains impact of undue and unexplained delay on validity of arbitral awards
Supreme Court held that the undue delay and indecisive conduct of the Arbitrator, which culminated in a rudderless Award, were utterly shocking, as he completely lost sight of the fundamental purpose of the arbitration process.
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Delhi HC: No anticipatory bail to law student who harassed complainant, posted obscene content, and made derogatory posts against Judge and Police
“The allegations in the present case are not merely of a single isolated incident but reveal troublesome conduct of the accused spanning over several months, involving physical intimidation and digital harassment.”
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To Summon or not to Summon an Advocate? Inside important SC directions to guide Investigators & protect Client-Advocate privilege
“When a person cannot incriminate himself, he cannot be prejudiced or incriminated by the statement of his counsel, only on the basis of the professional communications he had with his counsel, in confidence”.
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Bombay HC: Selection process vitiated by improper Interview Committee; Selective relief not permissible in tainted selection
“The Committee was required to assess the performance and personality of candidates through the experienced eyes of superior officers. Therefore, delegating such powers to subordinates amounted to rewriting Government Resolution dated 23-08-2011.”
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Alteration of Aadhaar information is a fundamental right; UIDAI duty bound to provide basic infrastructure for Aadhaar holders: Madras HC
“Once it is concluded that the statutory right set out in Section 31 of the Aadhaar Act would partake the character of a fundamental right, it becomes the duty of the Authority to put in place the requisite infrastructure and make available all facilities so that the right can be easily exercised.”
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‘Trial Court cannot grant divorce merely for wife’s absence’; Bombay HC sets aside ex parte divorce granted on Husband’s unchallenged testimony
“The only reason why the Trial Court found that the wife has treated the husband with cruelty is, that the testimony of the husband had gone unchallenged.”
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Kerala High Court dismisses plea to cancel ‘INDIA GATE’ trade mark; clarifies jurisdiction is with Delhi HC
“The power of rectification is exercisable only by the High Court exercising appellate jurisdiction over the appropriate office of the Trade Marks Registry, wherein the entry relating to the impugned mark is made.”
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“Shocking state of affairs”: Madhya Pradesh HC takes suo motu cognizance of alleged illegal felling of 488 trees near Bhopal
The Court remarked that the news article displayed a shocking state of affairs wherein 488 trees were sought to be axed despite the NGT declining such an action and repeated orders by the Court.
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Balasore self-immolation case: Read why Orissa HC refused bail to FM College HOD and Principal, but granted conditional relief to two students
“Several laws have been enacted, and several steps have been taken by the judiciary as well as the administrative machineries to prevent such kind of occurrences. However, all such steps have gone in vain, and the society has collectively failed to save the life of a young girl.”
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‘High Courts are expected to keep their hands away when Supreme Court is seized of any judicial matter’: SC in Corbett Tiger Reserve case
During the course of suo motu action on illegal constructions and rampant felling of trees in the Corbett Tiger Reserve, the Supreme Court granted an order of sanction vis-a-vis an officer, who then went on to challenge it before Uttaranchal High Court and obtained a stay.
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‘Expecting insurer to pay third-party compensation beyond terms of agreement is unfair’: Supreme Court upholds pay and recover principle in motor accident claims
To deny compensation to the victim/dependents of the victim, simply because the accident took place outside the bounds of the permit would be offensive to the sense of justice, for the accident itself is for no fault of his.
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Stick to enrollment fee limits or face contempt: SC directs BCI to issue written circulars to all State Bar Councils to ensure compliance with statutory limits
“We make it clear that in future if it is brought to our notice that any of the State Bar Council is charging beyond the statutory fee prescribed, we shall proceed to hold the responsible authority guilty of contempt. This aspect should also be highlighted by the Bar Council of India in the Circular we are asking them to issue.”
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“If husband has duty towards parents, he also has duty to empower wife”: Madhya Pradesh HC grants maintenance to Homeopathy doctor pursuing MD
“If the husband has a duty towards his parents, then he also has the duty to complete the course that would enhance the capability of the wife and to empower her. Equality in marital tie-up does not mean development of only one, and restrictions for the other, especially the wife.”
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Delhi High Court directs 1 Month custody for man who intimidated Local Commissioner during Court-Ordered Inspection
It is the case of contemnor that the alleged object was not a firearm, but a toy gun used to scare away stray animals and the said toy gun was lying on the office table prior to the inspection, which unintentionally got mixed with a pile of papers.
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‘False allegations cause mental agony, doom marriage’; MP HC grants divorce to husband over wife’s false claims of his illicit relationships
“We are aware that relationship between the parties had gone so bitter that neither of them was having any empathy for the other, but even this kind of relationship cannot be an excuse to make false allegations regarding the moral character of the other party.”
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