Manupatra Channel

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Are you in need of a reliable source for legal updates and information? Look no further than the Manupatra Channel on Telegram! Offering a convenient and complimentary Alert service, the Manupatra Channel is designed to keep you connected with snapshots of legal events on all working days. Who is it? The Manupatra Channel is brought to you by Manupatra, a trusted name in the legal industry known for providing comprehensive and up-to-date legal information. With years of experience and expertise, Manupatra is dedicated to helping professionals stay informed and empowered in their legal practices. What is it? The Manupatra Channel on Telegram is your go-to destination for staying updated on legal events and developments. Whether you are a lawyer, law student, or simply someone interested in legal matters, this channel offers valuable insights and information that can benefit you in your professional or personal life. With the Manupatra Channel, you can expect to receive timely alerts and notifications about important legal events, ensuring that you are always in the know and ahead of the curve. Say goodbye to missing out on crucial updates and hello to a streamlined and efficient way of staying informed. Don't miss out on this valuable resource - join the Manupatra Channel on Telegram today and start receiving your daily dose of legal news and updates. Stay connected, stay informed, and stay ahead with the Manupatra Channel. Happy reading!

Manupatra Channel

02 Dec, 09:18

Stay updated with the latest in Case Laws, Notifications, News, International Updates, and more with Manupatra’s 𝐖𝐞𝐞𝐤𝐥𝐲 𝐖𝐫𝐚𝐩 - 25thth November - 30th 𝐍𝐨𝐯𝐞𝐦𝐛𝐞𝐫 2024.

Link - https://www.manupatrafast.com/weekly-legal-updates/

182

Manupatra Channel

02 Dec, 05:58

NCLAT New Delhi bench has held that while hearing an application under Section 61 of the Insolvency and Bankruptcy Code, 2016, NCLAT can set aside fraudulent initiation of the CIRP.

228

Manupatra Channel

02 Dec, 05:58

NCLAT New Delhi bench has held that amount belonging to the Corporate Debtor can be recovered by Liquidator by filing an application under Section 60(5)(c) of the Insolvency and Bankruptcy Code, 2016 before the NCLT.

226

Manupatra Channel

02 Dec, 05:58

NCLAT Delhi bench has held that application under Section 7 of Insolvency and Bankruptcy Code, 2016 can be admitted if interest on principle amount disbursed to the corporate debtor crosses the threshold limit as provided under section 4 of the Code.

221

Manupatra Channel

02 Dec, 05:58

Delhi High Court has held that under the power to supervise investigation, Magistrates and Special Courts cannot question the validity of the FIR and must remain silent till filing of the final report under Section 173(2) of CrPC.

202

Manupatra Channel

02 Dec, 05:58

Punjab and Haryana High Court while acquitting a person convicted for committing aggravated sexual penetrative assault, has observed that the victim’s act of accompanying the accused to a crowded place and not raising alarm to attract attention, denotes consensual relationship.

189

Manupatra Channel

02 Dec, 05:58

Ker. HC has observed that Armed Forces Tribunal (AFT) shall give due deference to opinion of the Medical Board and will not lightly interfere with or substitute views of Medical Board Experts regarding nature of disability of ex-service personnel while deciding question granting disability pension.

188

Manupatra Channel

02 Dec, 05:58

Himachal Pradesh High Court has held that when an award is passed without giving reasons regarding the adjudication of disputes, the award is said to be suffering from patent illegality and is liable to be set aside.

192

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02 Dec, 05:58

Supreme Court while setting aside conviction of a person charged with abetment to suicide, has observed that merely refusing to marry someone will not attract the offence under Section 306 of the Indian Penal Code, 1860.

193

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02 Dec, 05:57

Supreme Court has held that a candidate cannot be denied the benefit of mark for experience merely because at the time of appointment as outsourced manpower the candidate was not appointed on a sanctioned post but performed duties aligning with the sanctioned post.

187

Manupatra Channel

29 Nov, 05:40

NCLAT New Delhi bench has held that without paying amount towards discharging liability of principal borrower for whom guarantee was given, guarantor cannot become a financial creditor.

443

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29 Nov, 05:40

NCLAT New Delhi bench has held that once plausibility of a pre-existing dispute is established, application under Section 9 of Insolvency and Bankruptcy Code is to be rejected and Adjudicating Authority is not required to make further detailed investigation.

399

Manupatra Channel

29 Nov, 05:40

NCLAT Delhi bench has held that in absence of any debt and consequent default on the part of the corporate debtor, application under section 7 of the Insolvency and Bankruptcy Code, 2016 cannot be admitted.

404

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29 Nov, 05:40

Calcutta High Court has held that where a man and woman have been living together as husband and wife for a reasonable long period of time, strict proof of marriage should not be a pre-condition for maintenance under Section 125 of the Code of Criminal Procedure, 1973.

399

Manupatra Channel

29 Nov, 05:40

Kerala High Court has observed that when the pay is revised retrospectively, that revised pay should be taken into account when calculating the pension, even if the pensioner retired prior to the issuance of the pay revision order, provided he is entitled to get the revised pay.

356

Manupatra Channel

29 Nov, 05:39

Delhi High Court while dismissing an appeal of a Navy officer seeking disability pension on the ground of epilepsy, has observed that a disease like Epilepsy cannot be due to a person’s services as it is more of a condition which is dormant and occurs periodically.

317

Manupatra Channel

29 Nov, 05:39

Mad. HC has stated that magic mushroom per se does not satisfy the requirement of the narcotic drug u/s 2(xiv) or a psychotropic substance under Section 2(xxiii) of NDPS Act. Magic mushroom per se cannot be called contraband and it is construed as contraband only because it contains psilocybin.

297

Manupatra Channel

29 Nov, 05:39

Bombay High Court has held that while enforcing foreign awards under Section 48 of the Arbitration and Conciliation Act, 1996 Courts cannot go into the merits of the case as jurisdiction of enforcement court under this section is very limited.

277

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29 Nov, 05:39

Supreme Court has held that recovery of materials on the basis of statements given by accused prior to recording of statement under Section 27 of Indian Evidence Act, 1872 is not admissible.

272

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29 Nov, 05:39

Supreme Court has stated that whenever it will pass the order of granting bail in money laundering cases on the ground that trial will take time it will take an undertaking regarding adjournments and co-operation with trial from the accused.

290

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28 Nov, 06:02

NCLAT New Delhi Branch has held that there cannot be any modification of Information Memorandum that is prepared by Resolution Professional, on the basis of which the Resolution Plan(RP) was submitted and later approved by the Committee of Creditors.

292

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28 Nov, 06:02

NCLAT New Delhi Branch has held that share application money which has been deposited with the corporate debtor cannot be treated as financial debt under Section 5(8) of Insolvency and Bankruptcy Code, 2016.

262

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28 Nov, 06:02

NCLAT New Delhi bench has held that petition under Section 9 of Insolvency and Bankruptcy Code, 2016 cannot be rejected on grounds of false claims of pre-existing dispute.

256

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28 Nov, 06:02

Cal. HC has held that when the driving licence of driver is not valid on the date of accident, it constitutes a violation of the terms and conditions of the insurance policy by the owner of the offending vehicle by allowing such driver to drive the vehicle without valid licence.

261

Manupatra Channel

28 Nov, 06:02

Supreme Court has cautioned Courts to ensure that in domestic cruelty cases under section 498A of the Indian Penal Code, 1860 distant relatives of the husband are not unnecessarily impleaded.

259

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28 Nov, 06:02

Supreme Court while hearing a petition that challenged Madhya Pradesh High Court ‘s refusal to suspend sentence, has observed that this Court has not laid down that the case for bail can be considered only after convict undergoes half of the sentence.

249

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28 Nov, 06:01

Supreme Court while convicting a government servant for taking bribery of Rs. 2000, has observed that, to draw presumption under Section 20 of the Prevention of Corruption Act, 1988 it is not necessary for the bribery amount to be substantial.

233

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28 Nov, 06:01

Supreme Court has observed that promotion only becomes effective upon the assumption of duties on the promotional post and not on the date of occurrence of the vacancy or the date of recommendation.

235

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27 Nov, 07:37

Karnataka High Court has held that when the offences are different as well as when more number of cases are registered against the accused, he cannot invoke the proviso under Section 479 of BNSS seeking the relief of bail on the ground of one third punishment.

323

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27 Nov, 07:37

SC has observed that it is evident from large number of cases decided by this Court that there is a worrying trend that consensual relationships going on for prolonged period, upon turning sour, have been sought to be criminalised by invoking criminal jurisprudence.

311

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21 Nov, 05:50

P&H High Court while acquitting a convict of murder case, has stated that eyewitness account who is not known to the accused is not be considered credible if the eyewitness directly identifies the accused in the Court, without prior test identification parade.

172

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21 Nov, 05:50

Delhi HC has observed that when there is no possibility of trial being concluded in a reasonable time and accused is incarcerated for a long time, depending on the nature of allegations, the conditions under Section 45 of the PMLA would have to give way to the constitutional mandate of Article 21.

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21 Nov, 05:50

Delhi High Court has directed the Delhi Police to update the Arrest Memo Forms being used and add the column for recording the grounds of the arrest related to the accused.

170

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21 Nov, 05:50

Kerala HC has observed that giving seniority on the basis of the date of promotion to the feeder category or on the basis of the date of advice to a lower category is a policy decision that requires evaluation of various circumstances. If there is any anomaly in the Kerala General Subordinate Service Posts in the Rural Development Department (Amendment) Special Rules of 2008, it is the authority competent to make the Rules that can remedy it, but it is not the domain of the court.

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21 Nov, 05:50

Delhi High Court has held that it is settled law that where the arbitrator has taken a possible/plausible view, the court would refrain from interfering with the Award under section 34 of the Arbitration and Conciliation Act, 1996.

132

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21 Nov, 05:49

Kerala High Court has stated that there is no question of estoppel against a party where an error is committed by the court itself and the court is under a bounden duty to correct its own mistake.

132

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21 Nov, 05:49

SC has observed that revenue records are public documents maintained by government officials in the regular course of duties and carry a presumption of correctness under Section 35 of the Indian Evidence Act, 1872. While it is true that revenue entries do not by themselves confer title, they are admissible as evidence of possession and can support a claim of ownership when corroborated by other evidence.

145

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21 Nov, 05:49

SC has stated that a mere breakup of a relationship between a consenting couple cannot result in initiation of criminal proceedings. What was a consensual relationship between the parties cannot be given a colour of criminality when the said relationship does not fructify into marital relationship.

141

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21 Nov, 05:49

Supreme Court has observed that bar on taking of cognizance under Section 195(1)(b) Code of Criminal Procedure, 1973(CrPC) will not be attracted in a case where the proceedings against the accused were initiated pursuant to a judicial order.

137

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20 Nov, 06:57

The nine member National Task Force (NTF) constituted by the Supreme Court has given detailed recommendations on safe & better working conditions for medical professionals at workplace which include constitution of security committee in healthcare establishments, coordination with local police etc

251

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20 Nov, 06:57

Calcutta High Court has held that offence alleged under Section 494, 498A of Indian Penal Code, 1860 is applicable to the person who has married for the second time, during the life time of his spouse in a valid marriage and none of the offences alleged in the complaint are applicable on the second wife.

238

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20 Nov, 06:57

Supreme Court has observed that during the pendency of the divorce petition, the wife is entitled to enjoy the same amenities of life as she would have been entitled to in her matrimonial home.

235

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20 Nov, 06:56

Supreme Court while hearing a public interest litigation, has asked the Central Government to frame an action plan regarding facilities of child care rooms and feeding in public spaces and buildings.

232

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20 Nov, 06:56

Supreme Court has observed that allowing the State to appropriate private property through adverse possession would undermine the constitutional rights of citizens and erode public trust in the Government.

228

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20 Nov, 06:56

Supreme Court has held that a subsisting disciplinary proceeding may be continued post superannuation but no disciplinary proceeding can be initiated after the delinquent employee or officer retires from service on attaining the age of superannuation or after the extended period of service.

211

Manupatra Channel

19 Nov, 06:50

Calcutta High Court while hearing a plea against the ransacking of the panchayat samiti office, has observed that Government office is a public property and any political party ransacking that, must be charged appropriately.

338

Manupatra Channel

19 Nov, 06:50

The Competition Commission of India has imposed a penalty of Rs. 213.14 Crore on Meta that is owned by Mark Zuckerberg, for abusing its dominant position in relation to implementation of 2021 privacy policy of WhatsApp.

311

Manupatra Channel

19 Nov, 06:50

Kerala High Court has stated that body shaming and doubting the medical degree of a woman, prima facie is to be read as willful conduct which is of such nature as to cause injury to the mental and physical health of the woman dealt under explanation (a) to Section 498A of the IPC.

316

Manupatra Channel

19 Nov, 06:50

Supreme Court has stated that in motor accident claim cases, it is imperative to consider the future aspects of a person's earning potential when determining compensation. Simply focusing on a deceased individual's current income at the time of death disregards the natural progression of a career or the intrinsic motivation to improve one's financial position over time. Both self-employed individuals and those on fixed salaries strive to increase their earnings, adapting to economic changes such as inflation and the cost of living.

326

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19 Nov, 06:49

Supreme Court while reinstating a government employee who was terminated, has reiterated that this Court in a catena of judgments has held that the recording of evidence in a disciplinary proceeding proposing charges of a major punishment is mandatory.

281

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15 Nov, 09:21

Punjab and Haryana HC has stated that Ex-Servicemen who have served during First Emergency will be counted for pensionary benefits that have arisen from the Government post joined even beyond 1 year of service if the post reserved for Ex-Servicemen is not advertised within stipulated time.

233

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15 Nov, 09:21

Madhya Pradesh High Court has observed that a company reusing beer battles embossed with the brand name/logo of another company will constitute trademark infringement.

234

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15 Nov, 09:21

Sikkim HC has noted that the validity of an arbitration agreement, in the face of the invalidity of the underlying contract, allows the Arbitral Tribunal to assume jurisdiction and decide on its own jurisdiction by determining the existence and validity of the arbitration agreement. In the process, the separability presumption gives effect to the doctrine of competence-competence.

233

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15 Nov, 09:20

Rajasthan HC has observed that object of Arms Act, 1959 was to ensure that weapon is available to a citizen for self-defence but it does not mean that every individual should be given a licence to possess weapon. Ours is not a lawless society where individuals have to acquire or hold arms for protection.

220

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15 Nov, 09:20

Bombay High Court has observed that as a constitutional court and court of record, High Court can exercise power of review even in the context of order passed under Section 11 of the Arbitration and Conciliation Act, 1996.

186

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15 Nov, 09:20

Kerala High Court has observed that while awarding compensation for motor accidents, notional income of ordinary worker must be determined on the basis of fair wages and not on the basis of his earning capacity.

178

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15 Nov, 09:20

Mad. HC has stated that whenever scurrilous and derogatory statements are made by any person bordering hate speech and thereafter the person is prosecuted in accordance with law, tendering apology as a matter of course to escape the consequence cannot be entertained.

172

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15 Nov, 09:20

Orissa High Court has held that a wife not trying to trace her husband, not reporting his missing status and staying with paramour will not amount to criminal conspiracy under Section 120-B of the Indian Penal Code, 1860.

179

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15 Nov, 09:20

Allahabad High Court has remarked that a counsel cannot identify himself with his client. He cannot interact directly with agencies like Investigating Officer, etc. unless and until ordered so by a court particularly with regards to sub judice proceedings

182

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15 Nov, 09:20

SC has held that the very idea of equality enshrined in Article 14 is a concept clothed in positivity based on law. It can be invoked to enforce a claim having sanctity of law. No direction can, therefore, be issued mandating the State to perpetuate any illegality or irregularity committed in favour of a person, an individual, or even a group of individuals which is contrary to the policy or instructions applicable.

182

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15 Nov, 09:20

Supreme Court while dismissing a PIL over prevention of 'provocative speech' by political leaders, has observed that the offence of hate speech is specific and cannot be equated with wrong assertions or false claims.

177

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14 Nov, 05:47

Gauhati High Court has held that all the criminal petitions, bail applications filed after 1st July, 2024 in FIRs registered prior to this date are liable to be filed under the Bharatiya Nagarik Suraksha Sanhita, 2023.

288

Manupatra Channel

14 Nov, 05:47

Ker. High Court has held that the report of the Internal Complaints Committee is not the final word in so far as the allegations otherwise made before the police from the work place and for which crime was registered and investigated leading to final report alleging commission of the above offences.

274

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14 Nov, 05:47

Punjab and Haryana High Court has stated that once a plea has been rejected as non-maintainable, deciding the case on merit is "gross material impropriety."

262

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14 Nov, 05:47

P&H HC has stated that to ensure that the victim/complainant, does not become the driver of the criminal justice system, through makings of piecemeal settlements, the Courts are required to be not accepting any piecemeal settlements, rather are required to be rejecting piecemeal settlements.

260

Manupatra Channel

14 Nov, 05:47

Bombay HC has observed that a party can waive ineligibility of an arbitrator by an express agreement in writing under Section 12(5) of Arbitration and Conciliation Act, 1996. Once ineligibility has been waived, waiving party is prohibited from claiming ineligibility of Arbitrator u/s 34 of the Act.

253

Manupatra Channel

14 Nov, 05:46

Himachal Pradesh High Court has nullified the Himachal Pradesh Parliamentary Secretaries (Appointment, Salaries, Allowances, Powers, Privileges and Amenities) Act, 2006 that permitted the State to appoint Members of the State Legislative Assembly (MLAs) as parliamentary secretaries.

227

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14 Nov, 05:46

Himachal Pradesh High Court has stated that an interference with the award can only be made under Section 34 of Arbitration and Conciliation Act, 1996 when ‘patent illegality’ has been established.

222

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14 Nov, 05:46

Delhi High Court has clarified that Show Cause Notice issued and the Penalty Order passed in the previous name of the company is merely a clerical error and is not such a defect which cannot be cured and is therefore not fatal.

218

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14 Nov, 05:46

Bombay High Court has held that if the father has died before the enforcement of the Hindu Succession Act, 1956 then the daughter will not have any right of inheritance in her father’s property.

219

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08 Nov, 11:29

Supreme Court with 4:3 majority has overruled the judgement of S. Azeez Basha vs. Union of India (MANU/SC/0039/1967; 1967 INSC 238) and has held that the minority status of Aligarh Muslim University (AMU) will not be lost merely because a statute has been enacted to regulate/govern it.

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08 Nov, 11:29

Kerala High Court has held that the expression by media of any definitive opinion regarding guilt or innocence of a party in a Criminal investigation before an authoritative pronouncement is made by the adjudicatory forum concerned would not get the protection guaranteed under Article 19 (1) (a) of COI.

169

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08 Nov, 11:28

Madras High Court while dismissing a petition seeking restriction on number of persons appearing and accompanying a VIP litigant, has stated that there is no enactment at present which fixes the number of persons who can appear on behalf of or accompany a party to Court.

164

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08 Nov, 11:28

Ministry of Law and Justice has increased the Judge Strength of the Jammu & Kashmir and Ladakh High Court, from 17 to 25 Judges, with 19 Permanent Judges and 06 Additional Judges.

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08 Nov, 11:28

Himachal Pradesh High Court has affirmed that Section 29A of Arbitration and Conciliation Act, 1996 shall not apply on arbitration proceedings that commenced before the enforcement of the Arbitration & Conciliation (Amendment) Act, 2015.

143

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08 Nov, 11:28

Himachal Pradesh High Court has held that if any party has objections regarding the tribunal’s jurisdiction then by virtue of Section 16(2) of A&C Act, 1996 the same should be raised before or during the submission of statement of defence. Any objection after that is expressly prohibited.

127

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08 Nov, 11:28

Supreme Court has held that the officers of DRI, Commissioners of Customs-Preventive, Directorate General of Central Excise Intelligence, and Commissioners of Central Excise and other similarly situated officers are "proper officers" for purposes of S. 28 of Customs Act and can issue show-cause notices.

132

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08 Nov, 11:27

Supreme Court has clarified that the directions passed by it regarding deletion of caste column in prison registers will not impede the collection of data by National Crime Records Bureau (NCRB).

134

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08 Nov, 11:27

Supreme Court has amended the Supreme Court Rules, 2013 by substituting the term 'summer vacation/vacation' with 'partial court working days'.

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08 Nov, 11:27

Supreme Court has held that a candidate placed in the select list gets no indefeasible right to be appointed even if vacancies are available but the State or its instrumentality cannot arbitrarily deny appointment to a selected candidate and has to justify its decision for not making appointment.

141

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08 Nov, 11:27

Supreme Court while setting aside a judgement of Rajasthan HC quashing a sexual assault case on the basis of compromise, has held that that commission of such offences cannot be taken lightly as offences of private nature and in fact, such offences are bound to be taken as offences against the society.

136

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07 Nov, 10:12

Punjab & Haryana High Court has stated that if the trial is not likely to conclude soon, an accused under the Prevention of Money Laundering Act, 2002 (PMLA) can be granted bail.

292

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07 Nov, 10:12

Madhya Pradesh High Court has reiterated that Madhya Pradesh Municipalities (Second Amendment) Ordinance, 2024 that extends the period for bringing a no-confidence motion from two to three years shall be applicable retrospectively.

276

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07 Nov, 10:12

Supreme Court while refusing to entertain a PIL seeking constitution of a platform to address mental health issues of lawyers, has observed that bar associations must take the lead and address the issue of mental health.

276

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07 Nov, 10:12

Supreme Court has directed that a Sessions Court, which adjudicates a case concerning the bodily injuries such as sexual assault etc. particularly on minor children and women shall order for victim compensation to be paid having regard to the facts and circumstances of the case.

276

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07 Nov, 10:12

Supreme Court has held that the limitation period of two years prescribed for recovery of dues under Section 56 of the Electricity Act, 2003 would apply to liabilities arising under the 2003 Act, and not prior to the enforcement thereof.

263

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06 Nov, 10:01

J&K High Court has observed that on filing of a bail application for being released in a case under the SC/ST (Prevention of Atrocities Act), 1989 the complainant or his dependent is to be issued a notice or is required to be heard at the time of consideration of bail plea.

363

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06 Nov, 10:01

Kerala High Court has held that even after the constitution of the Waqf Tribunal, the Civil Court does not cease to have jurisdiction to execute the decree passed by the Civil Court in respect of a waqf dispute or to execute a decree passed by the Waqf Tribunal.

333

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06 Nov, 10:01

Supreme Court has held that a person having a driving licence for a light motor vehicle (LMV) is allowed to drive a transport vehicle weighing less than 7500kg, without any specific authorisation.

339

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06 Nov, 10:00

Supreme Court has held that Section 197(1) of Code of Criminal Procedure, 1973 which provides for requirement of prior sanction from Government to prosecute public servants will be applicable on cases under the Prevention of Money Laundering Act, 2002.

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