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Home - News - Page 364

Delhi High Court Restores Suit Challenging Illegal Termination of Contract and Wrongful Invocation of Bank Guarantee — Suit Restored as Remedy Lies Elsewhere; Arbitration Not Applicable
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Delhi High Court Restores Suit Challenging Illegal Termination of Contract and Wrongful Invocation of Bank Guarantee — Suit Restored as Remedy Lies Elsewhere; Arbitration Not Applicable

Court’s Decision: The Delhi High Court restored the original suit filed by the plaintiff under Section 151 of the CPC, 1908, seeking recovery of Rs. 1,79,92,366/- against the defendant due…
Posted by Rawlaw October 8, 2024
Bombay High Court: Transfer of Business Was a Facade for Unlawful Subletting; No Intention to Continue Business After Assignment Indicates Mere Transfer of Tenancy Rights"
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Bombay High Court: Transfer of Business Was a Facade for Unlawful Subletting; No Intention to Continue Business After Assignment Indicates Mere Transfer of Tenancy Rights

Court's Decision: The Bombay High Court set aside the decree passed by the District Court, Pune, and reinstated the eviction decree issued by the Trial Court. The Court held that…
Posted by Rawlaw October 8, 2024
Patna High Court Upholds BCECEB’s Decision to Debar Candidates from State Quota Counselling After Allotment in Stray Vacancy Round: "Policy Decisions Should Not Be Interfered With Unless Wholly Irrational or Unconstitutional"
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Patna High Court Upholds BCECEB’s Decision to Debar Candidates from State Quota Counselling After Allotment in Stray Vacancy Round: “Policy Decisions Should Not Be Interfered With Unless Wholly Irrational or Unconstitutional”

Court’s Decision The Patna High Court dismissed the writ petition filed by the petitioner, holding that the exclusion of candidates who secured seats in the All India Quota's stray round…
Posted by Rawlaw October 8, 2024
Sikkim High Court: Corroboration Not Required for Conviction If Victim’s Testimony is Trustworthy; Rapid Healing of Sodomy Injuries Does Not Undermine Credibility—Upholds Conviction for Repeated Sexual Assault on Minor
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Sikkim High Court: Corroboration Not Required for Conviction If Victim’s Testimony is Trustworthy; Rapid Healing of Sodomy Injuries Does Not Undermine Credibility—Upholds Conviction for Repeated Sexual Assault on Minor

Court’s Decision: The High Court of Sikkim upheld the conviction of the appellant for the offences charged under the Protection of Children from Sexual Offences (POCSO) Act, 2012, and Section…
Posted by Rawlaw October 8, 2024
Bombay High Court Strikes Down Regularisation of Illegal Construction: "Regularisation Cannot Reward Consistent Violations" – Holds Commissioner Acted in a Biased Manner Ignoring Public Interest
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Bombay High Court Strikes Down Regularisation of Illegal Construction: “Regularisation Cannot Reward Consistent Violations” – Holds Commissioner Acted in a Biased Manner Ignoring Public Interest

Court’s Decision: The Bombay High Court quashed the impugned regularisation order dated 05 February 2005, holding that the Commissioner of the Thane Municipal Corporation (TMC) had acted in an arbitrary…
Posted by Rawlaw October 8, 2024
Supreme Court Restores Conviction for the Murders of MLA and His Bodyguard, Highlights Serious Lapses in High Court's Acquittal of Accused
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Supreme Court Restores Conviction for the Murders of MLA and His Bodyguard, Highlights Serious Lapses in High Court’s Acquittal of Accused

Court's Decision The Supreme Court reinstated the conviction and life imprisonment of two accused for the murders of a legislator and his bodyguard at a hospital in Patna, Bihar, reversing…
Posted by Rawlaw October 8, 2024
Supreme Court Upholds Constitutionality of Section 17(5) of the CGST Act, Denying Input Tax Credit (ITC) on Construction Services Used for Renting Out Commercial Properties
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Supreme Court Upholds Constitutionality of Section 17(5) of the CGST Act, Denying Input Tax Credit (ITC) on Construction Services Used for Renting Out Commercial Properties

Court's Decision: The Supreme Court upheld the validity of Section 17(5)(c) and (d) of the Central Goods and Services Tax (CGST) Act, 2017, ruling that the denial of Input Tax…
Posted by Rawlaw October 8, 2024
Supreme Court Quashes Khalsa University Repeal Act: Holds Targeting of Single University Without Justification as Arbitary and Unconstitutional, Reaffirms Protection Against Discriminatory Legislation
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Supreme Court Quashes Khalsa University Repeal Act: Holds Targeting of Single University Without Justification as Arbitary and Unconstitutional, Reaffirms Protection Against Discriminatory Legislation

Court’s Decision: The Supreme Court quashed the Khalsa University (Repeal) Act, 2017, which had annulled the earlier Khalsa University Act, 2016. The court held that singling out Khalsa University for…
Posted by Rawlaw October 8, 2024
Supreme Court Abolishes Caste-Based Practices in Prisons: Cites Constitutional Morality and Doctrine of Manifest Arbitrariness to Invalidate Discriminatory Provisions
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Supreme Court Abolishes Caste-Based Practices in Prisons: Cites Constitutional Morality and Doctrine of Manifest Arbitrariness to Invalidate Discriminatory Provisions

Court’s Decision: The Supreme Court held that the existing caste-based discriminatory provisions in various State Prison Manuals are unconstitutional as they violate Articles 14, 15, 17, 21, and 23 of…
Posted by Rawlaw October 8, 2024
"Supreme Court Transfers Habeas Corpus Petition Citing Repetitive Allegations – High Court Should Not Have Entertained the Petition Without New Facts’"
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“Supreme Court Transfers Habeas Corpus Petition Citing Repetitive Allegations – ‘High Court Should Not Have Entertained the Petition Without New Facts’”

Court’s Decision: The Supreme Court of India, in its order dated October 3, 2024, transferred the habeas corpus petition filed under Article 226 of the Constitution from the High Court…
Posted by Rawlaw October 7, 2024

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