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The Court noted that under Section 7(4)(b) of the Arbitration Act it is not necessary to conclude a contract for the arbitration agreement contained within it to be valid. The arbitration agreement must form a part of documents/communication exchange between the parties.
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The Court noted that there were repeated incidents of accused and victim, being involved in sexual intercourse. However, the victim never informed any of her family members that the accused trespassed into her house and raped her. Even when she became pregnant, she did not disclose the incident to her family members.
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Madras High Court emphasised that NEET (UG) 2025 is a time-sensitive, large-scale national examination, and that re-examination in such a context could severely impact more than two million candidates.
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“As soon as both the parties attain the marriageable age, they shall apply their marriage under Special Marriage Act and get their marriage. In the meantime, the accused shall look after the victim properly and provide her all necessary medical facilities for her pregnancy.”
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“The citizens have a fundamental right to use the roads, parks, and other public conveniences provided by the State. If the streets or footways are in bad condition, the citizens are deprived of the effective use of the same, thereby infringing their constitutional rights.”
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“If an accused was not named in the FIR, his identification by the witnesses in the Court should not be relied upon specifically when they did not disclose the name of the accused before the police.”
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“The freedom of commercial speech of the respondent and its fundamental right to do business cannot be throttled on a vague perception of disparagement, which is completely illusory in the present case.”
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“Compromises in heinous crimes are not in the interest of the society since it will then be easy for the accused persons to get the consent of such informants by putting pressure or using money power.”
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“While considering the cases alleging rape based on the promise of marriage, it is difficult for this Court at this juncture to enter a conclusion regarding whether the relationship was consensual or not.”
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“The education was being given to the girls in the observation homes which was their right being a citizen of the country, but their transfer from the place where they grew up till the age of 18 years was to be weighed carefully keeping in mind the interest of the girls.”
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“All the persons including the persons attached to political party were required to obtain construction permission under the local bylaws of the local municipal authority. A public square (chowk), road or place could not be named by the MLA on his own.”
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The Court stated that the Water and Air Rules empowered the State to appoint a single- or three-member body as the Appellate Authority. Thus, if the State, vide the impugned notifications, opted for a single-member Appellate Authority, then the power exercised by the State was within the four corners of the said enactments.
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The Court noted that since the convict assaulted his wife with a brick in the spur of the moment, the case would fall under the ambit of culpable homicide not amounting to murder, i.e., Section 304-II of the IPC.
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“The petitioners acted in their own volition and acquired citizenship of a foreign Country. The passports and the residential permit issued to them were cogent, unequivocal evidence of the fact that the petitioners were not citizens of India.”
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The Court found that it had been proved that the victim was forcibly kidnapped by the convict with the intention to marry and have intercourse with her. He not only outraged her modesty but also attempted to rape her by undressing her but failed due to her protest.
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“Physical companionship of mother and the baby was mutually advantageous as it promoted bonding between the two, which was essential for their wellbeing. A lactating mother had a fundamental right to breastfeed her baby during its formative years and, similarly, baby had a fundamental right to be breastfed.”
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In the present case, the video clip showed a Senior Advocate talking on his phone and drinking from a beer mug while attending virtual court proceedings.
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“Despite the recommendations of the Raghavan Committee Report, the Supreme Court directions, and the UGC Regulations, the menace of ragging has not been able to be curbed. That resulted in the unfortunate incident wherein a young, promising student lost his life at the prime of his youth, 21 years.”
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The petitioner is a life convict currently imprisoned, and pursuing a five-year B.Com., LL.B course at Anantha College of Law, Tirupati. He was unable to appear for his X Semester examinations scheduled in June 2024 due to his incarceration.
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“If the Courts started accepting that a major boy of age 25 years on-wards took away the girl who was a minor and then came with the defence of adolescent love, then it would not be a good sign from the legal point of view, because particular Acts were legislated with certain aims and objects.”
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