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Goa State Cooperative Bank Ltd Not A ‘State’ Under Art. 12, Does Not Discharge Any Public Functions: Full Bench Of Bombay High Court

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  It must be said before saying anything else that the Full Bench of the Bombay High Court comprising of Justice MS Sonak, Justice Dama Seshadri Naidu and Justice Bharati H Dangre on March 5, 2021 in a latest, learned, laudable and landmark judgment titled Mr Vassudev Madkaikar and others vs. State of Goa and […]

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Shocking That Children In This Country Are Till Date Being Subjected To Sadistic & Inhumane Culture Of Corporal Punishment: Madras HC

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  While mincing no words in stating the shocking reality with which children in this country still being ill-treated, the Madras High Court most recently on 4 March 2021 in a latest, learned, laudable and landmark judgment titled S. Jai Singh & Ors. v. State & Anr. In CRL.O.P.No.23120 of 2019 and Crl.MP.No.807 of 2020 […]

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Evidence Of Interested Person Can Be Considered If It Is Corroborated: Supreme Court

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  In an important, impartial, immaculate, interesting and inevitably a must read judgment for one and all  delivered on March 3, 2021, the Supreme Court in a learned, latest, laudable and landmark judgment titled Rahul vs State of Haryana in Criminal Appeal No. 262 of 2021 [Arising out of S.L.P. (Crl.) No. 3449 of 2019] […]

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Dying Declaration Cannot Be Discarded Merely Because Relatives Of Deceased Were Present in Hospital While Recording It: Supreme Court

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  In an important, impartial, immaculate, interesting and inevitably a must read judgment titled Satpal vs. State of Haryana in Criminal Appeal No. 261 of 2021 (Arising out of SLP (Crl.) No. 5802 of 2018) delivered on March 3, 2021, the Supreme Court minced no words to observe clearly, categorically, cogently and convincingly that a […]

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Commercial Matters Involving Arbitration Disputes Can Only Be Heard By Commercial Court Of Status Of District Judge/Addl District Judge: MP HC

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  In a clear, cogent, composed, commendable and convincing judgment titled Yashwardhan Raghuwanshi Vs. District & Sessions Judge and another in WP-19656-2020 delivered on February 26, 2021, the Madhya Pradesh High Court has held that Commercial matters involving Arbitration disputes can only be heard by Commercial Court of the status of District Judge or Additional District […]

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Recruitment To Public Services Must Command Public Confidence: SC

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  It is most refreshing, most rejuvenating and most reasonable that the Supreme Court has most recently on March 3, 2021 in a learned, latest, laudable and landmark judgment titled Sachin Kumar & Ors. vs. Delhi Subordinate Service Selection Board (DSSSB) & Ors. in Civil Appeal Nos. 639-640 of 2021 @ SLP (C) Nos. 5785-5786 of 2020 […]

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Limitation Period For Filing ‘Section 34’ Petition Commences From Date Of Receipt Of Signed Copy Of Arbitral Award By Parties: SC

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  In an interesting, important, impartial, immaculate and inevitably a must read judgment titled Dakshin Haryana Bijli Vitran Nigam Ltd. vs. M/S Navigant Technologies Pvt. Ltd. in Civil Appeal No. 791 of 2021 (Arising out of SLP (C) No. 10372/2020) delivered just recently on March 2, 2021, the Supreme Court has laid down clearly, cogently […]

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Religious Processions Should Spread Positivity/Brotherhood & In No Manner Should Cause Any Communal Disturbance: Madras HC

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  It is remarkable, righteous and refreshing to see that the Madurai Bench of Madras High Court in a latest, learned, laudable and landmark judgment titled M. Thangaraj (Ex. MC) v. The District Collector, Dindigul District, Dindigul and others [WP(MD)No.433 of 2021 & WMP(MD)Nos.359, 360 & 362 of 2021] while allowing the general public including […]

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New Rules Notified To Make Social Media And OTT Platforms Accountable

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  It warms the innermost cockles of my heart to see that the Centre has in a bold, balanced and brilliant move weeks after a long spat with Twitter very rightly decided to take the right course of action of tightening of rules governing social media and streaming companies, requiring them to take down contentious […]

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Allahabad HC Acquits Rape Accused After 20 Years In Jail

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  It is a matter of national shame, national disgrace and national humiliation that a man had to suffer without committing any offence 20 years of incarceration in connection with a false rape case filed against him by a woman owing to an alleged land dispute. Why is it that a woman who files a […]

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Only Senior Citizens/Parents Entitled To Prefer Appeal Against Order Of Tribunal Under Senior Citizen Act 2007: Madras High Court

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  In an elegant, exemplary, eloquent and effective judgment titled K Raju v. Union of India & Ors. in W.P. No. 29988 of 2019, the Madras High Court has rightly, remarkably and recently on 19 February 2021 held that only senior citizens/parents are entitled to file an appeal against an order passed by the Tribunal […]

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Exception Of Customary Divorce U/S 29(2) Hindu Marriage Act Not Attracted In Absence Of Declaration From Civil Court Regarding Its Validity: Calcutta HC

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  In a recent, remarkable, righteous and rational decision titled Smt. Krishna Veni Vs The Union of India and others in WPA No. 2346 of 2018 delivered on February 18, 2021, the single Judge Bench of Justice Sabyasachi Bhattacharyya has held that merely obtaining a customary divorce will not attract the exception envisaged under Section […]

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Pass Reasoned Judgment Along With Operative Order: SC Criticizes NCDRC Practice Of Passing ‘Reasons To Follow’ Orders

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  It cannot be just glossed over that none other than the Supreme Court has in a latest, learned, laudable and landmark judgment titled Sudipta Chakrobarty & Anr. Vs. Ranaghat S.D. Hospital & Ors. in Civil Appeal No. 9404/2019 delivered as recently as on February 15, 2021 while criticizing the practice of ‘reasons to follow’ […]

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Calcutta HC Judge Recalls Her Order Even After No Objection By Both Parties

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  It is really remarkable, refreshing, rejuvenating, righteous and reasonable that the Calcutta High Court has most recently on February 22, 2021 in a latest, learned, laudable and landmark judgment titled Duroply Industries Limited and anr. Vs Ma Mansa Enterprises Private Limited in IA No. GA 2 of 2020 in CS 94 of 2020 and […]

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Refusal To Give Tea Not Sudden Or Grave Provocation: Bombay HC

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  In an enduring, empowering, enlightening, enriching and encouraging judgment for women titled Santosh Mahadev Atkar vs The State of Maharashtra in Criminal Appeal No. 544 of 2019 delivered recently on February 2, 2021, the Bombay High Court has observed that the medieval notion of the wife being the ‘property of the husband to do […]

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Suspicion, However Strong Cannot Take The Place Of Proof: SC

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  It is really remarkable, refreshing, rejuvenating and reasonable to learn that the Supreme Court has just recently on February 12, 2021 in a latest, learned, landmark and laudable judgment titled State of Odisha vs. Banabihari Mohapatra in Special Leave Petition (Cri) No. 1156/2021 has reiterated that suspicion, however strong cannot take the place of […]

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Unfortunate That The Properties Of Religious And Charitable Institutions Are Being Usurped By Criminals: Allahabad High Court

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  It is most unfortunate, most alarming and most reprehensible that none other than the Allahabad High Court which is the biggest court in whole of Asia has observed most seriously in a latest, learned, laudable and landmark judgment titled Bharat Das @ Ram Newaz Singh v. State of U.P. in Bail No. 8577 of […]

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Not Proper To Keep Him In Jail Forever: SC Reduces Sentence Imposed On Dacoity Cum Murder Convict To 22 Years Imprisonment

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In a welcome, wise and wonderful judgment titled Shivalinga @ Shivalingayya vs State of Karnataka in Criminal Appeal No. 1186 of 2018 delivered just recently on February 15, 2021, a two Judge Bench of the Apex Court comprising of Justice Mohan M Shantanagoudar and Justice Vineet Saran reduced the life sentence imposed on a man […]

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Detention Of A Person Despite Furnishing Of Personal Bond Violative Of Article 21: Allahabad HC

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  While espousing fully, firmly and finally the basic legal rights of a person, the Allahabad High Court has most recently in a latest, learned, landmark and laudable judgment titled Shiv Kumar Verma & Anr. V. State of UP & Ors. in Criminal Misc. Writ Petition No. – 16386 of 2020 held very rightly, remarkably […]

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Consent Decree Would Not Serve As An Estoppel Where The Compromise Was Vitiated By Fraud, Misrepresentation Or Mistake: SC

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                                          While shedding full light on the question of whether a consent decree would or would not serve as an estoppel, a two Judge Bench of the Apex Court comprising of Justice Mohan M Shantanagoudar and Justice Vineet Saran in Compack Enterprises India (P) Ltd vs Beant Singh in Special Leave Petition (Civil) Nos. 2224-2225 of 2021 […]

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Writ Of Habeas Corpus Will Not Lie When Adoptive Mother Seeks Child’s Custody From Natural Mother: MP HC

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  In a significant development, the Division Bench of Madhya Pradesh High Court comprising of Chief Justice Mohammed Rafiq and Justice Vijay Kumar Shukla has in a latest, learned, laudable and landmark judgment titled Sanjana Soviya vs State of Madhya Pradesh & others in W.A. No. 1072/2019 delivered on 19 January 2021 has minced no […]

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Gold Smuggling With Intent To Threaten Economic Security Of Country A ‘Terrorist Act’ Under UAPA: Rajasthan HC

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  It is quite significant to note that in a recent, righteous and remarkable judgment titled Mohammed Aslam vs Union of India and another in S.B. Criminal Miscellaneous (Petition) No. 5139/2020 delivered on February 1, 2021, the Rajasthan High Court has explicitly, elegantly and effectively observed that the offence of gold smuggling with the intent […]

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State Is The Best Judge To Assess The Threat To An Individual: Bombay HC Denies ‘X’ Category Security To BJP Minority Morcha Head Jamal Siddiqui

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  In a fresh and significant development, the Bombay High Court just recently on February 5, 2021 in a latest and learned judgment titled Jamal v. State of Maharashtra in Criminal Writ Petition No. 107/2020 dismissed a plea filed by the National President of BJP Minority Morcha – Jamal Anwar Siddiqui seeking ‘X’ category security. […]

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Rajasthan Govt Amends ‘Rajasthan Prison Rules’ Removing Provisions Allowing Caste/Religion Based Allocation Of Labour In Jails

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  It is most refreshing, most rejuvenating, most remarkable and most righteous that the Rajasthan Government on 02 February, 2021 issued a notification removing amending provisions allowing caste/religion-based allocation of labour in jails. It must be mentioned here that these amendments have been introduced after the Rajasthan High Court recently took the most commendable, courageous […]

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