Bringing you the Best Analytical Legal News
Paradip International Cargo Terminal Pvt. Ltd. sought arrest of the cargo vessel for the unpaid dues of about 7.95 Crores towards the berth hire and penal berth hire charges.
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“To make out an offence under cheating the intention to cheat or deceive should be right there from the beginning”.
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“Broad brushing every non-disclosure of criminal case as a disqualification from the recruitment will be unjust.”
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A quick legal roundup to cover important stories from all High Courts this week.
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The Manipur High Court vide order dated 27-03-2023 directed the State to consider the inclusion of the Meitei Community in the Scheduled Tribe list, expeditiously, preferably within a period four weeks from the date of order.
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“The employer authority erred in deducting the excess payment made to the Government employee from his leave encashment benefits and thus, the action was not acceptable and the same was invalidated”.
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“The High Court, in exercise of appellate powers, may reappreciate the entire evidence, however, reversal of an order of acquittal is not to be based on mere existence of a different view or a mere difference of opinion”.
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Directions were sought from the Supreme Court against the States to formulate scheme for community Kitchens to combat hunger, malnutrition and starvation and the deaths resulting thereof.
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The primary duty of the Constitutional Courts is to maintain a check on arbitrary use of power, including setting aside illegal administrative actions and take secondary measure of addressing the injurious consequences arising from arbitrary and illegal actions.
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“If the Court reaches a clear conclusion that there is not even a vestige of doubt that the claim is non-arbitrable, it may refuse to refer the dispute to arbitration, otherwise, the rule is to refer the dispute to arbitration”.
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A notice was posted outside the Court room by the NCLT, Ahmedabad prohibiting the use of mobile phones and other electronic devices.
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Sukanta Majumdar, Bharatiya Janata Party’s President in West Bengal alleged that he was mistreated during the Sandeshkhali protests.
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Bail was granted to the accused on 03-10-2023, however, the bail bond was not accepted by the Trial Court for a delay of three days in complying with the conditions of bail.
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The Court directed the Gujarat Public Service Commission to conduct a separate interview for the woman within 15 days from the date of order.
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Gujarat University had filed a defamation case against Arvind Kejriwal and Sanjay Singh over the alleged defamatory remarks made regarding the educational degree of PM Narendra Modi.
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“In the absence of material that women are trafficked for the purpose of engaging for sexual exploitation, the offence under Section 370-A (2) of the IPC cannot be attracted against the customer”.
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The Army personnels were dismissed from the services stating that the relationship certificate with the servicemen/ ex-servicemen, submitted for recruitment, were found to be manipulated and false during the verification.
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“If a rule is challenged as being ultra vires, the Court must, firstly, determine and consider the source of power, secondly, the meaning of the subordinate legislation, and that whether the subordinate legislation is consistent with and within the scope of the delegated power.”
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“Out of total unauthorized religious constructions, the action was taken with respect to only 23.33 per cent of them”.
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Record of the Trial Court should be referred to as the ‘Trial Court Record’ and not ‘Lower Court Record’.
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