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All High Courts Case Commentaries

Lack of Demonstrable Criminal Force as the Cornerstone for Reversing Conviction Under Section 354 IPC

Lack of Demonstrable Criminal Force as the Cornerstone for Reversing Conviction Under Section 354 IPC

Date: Jan 16, 2025
Lack of Demonstrable Criminal Force as the Cornerstone for Reversing Conviction Under Section 354 IPC 1. Introduction In Sri Bibhishan Ghosh v. The State of Tripura, decided by the Tripura High Court...
Kerala High Court Affirms Automatic Cross-Empowerment Under Section 6(1) of the CGST Act

Kerala High Court Affirms Automatic Cross-Empowerment Under Section 6(1) of the CGST Act

Date: Jan 16, 2025
Kerala High Court Affirms Automatic Cross-Empowerment Under Section 6(1) of the CGST Act 1. Introduction The case Pinnacle Vehicles and Services Private Limited v. Joint Commissioner (Intelligence &...
Misappropriation of Trademark Goodwill: The Triple Identity Test and Prior User Principle

Misappropriation of Trademark Goodwill: The Triple Identity Test and Prior User Principle

Date: Jan 16, 2025
Misappropriation of Trademark Goodwill: The Triple Identity Test and Prior User Principle Introduction The case of ROPPEN TRANSPORTATION SERVICES PRIVATE LIMITED v. MR. NIPUN GUPTA & ANR. represents...
Clarifying the Criteria for Permanent Establishment Under the India–Korea DTAA

Clarifying the Criteria for Permanent Establishment Under the India–Korea DTAA

Date: Jan 16, 2025
Clarifying the Criteria for Permanent Establishment Under the India–Korea DTAA Introduction The Commissioner of Income Tax (International Taxation) initiated a series of appeals against Samsung...
Exclusive Jurisdiction of the Seat of Arbitration: Reinforcing the ‘Shashoua Principle’

Exclusive Jurisdiction of the Seat of Arbitration: Reinforcing the ‘Shashoua Principle’

Date: Jan 16, 2025
Exclusive Jurisdiction of the Seat of Arbitration: Reinforcing the ‘Shashoua Principle’ Introduction The case of Versatile Construction v. Tata Motors Finance Ltd before the Calcutta High Court,...
Prolonged Incarceration Alone Does Not Guarantee Bail: The Delhi High Court’s Balancing Approach in Neeraj Sehrawat @ Neeraj Bawaniya v. State NCT of Delhi

Prolonged Incarceration Alone Does Not Guarantee Bail: The Delhi High Court’s Balancing Approach in Neeraj Sehrawat @ Neeraj Bawaniya v. State NCT of Delhi

Date: Jan 16, 2025
Prolonged Incarceration Alone Does Not Guarantee Bail: The Delhi High Court’s Balancing Approach in Neeraj Sehrawat @ Neeraj Bawaniya v. State NCT of Delhi 1. Introduction The case of Neeraj Sehrawat...
Delhi High Court Clarifies Maintainability of Revocation Petitions Beyond Patent Expiry

Delhi High Court Clarifies Maintainability of Revocation Petitions Beyond Patent Expiry

Date: Jan 16, 2025
Delhi High Court Clarifies Maintainability of Revocation Petitions Beyond Patent Expiry Introduction The instant commentary examines the Delhi High Court’s Judgment in the case of Macleods...
Mandatory Approval and Limitation Period in Tax Reassessment: A New Precedent Clarified

Mandatory Approval and Limitation Period in Tax Reassessment: A New Precedent Clarified

Date: Jan 16, 2025
Mandatory Approval and Limitation Period in Tax Reassessment: A New Precedent Clarified Introduction The judgment in Abhinav Jindal v. Assistant Commissioner of Income Tax Circle 52(1) delivered by...
Establishing a Holistic Approach to Trademark Infringement: The KRBL Limited v. Praveen Kumar Buyyani & Ors Judgment

Establishing a Holistic Approach to Trademark Infringement: The KRBL Limited v. Praveen Kumar Buyyani & Ors Judgment

Date: Jan 16, 2025
Establishing a Holistic Approach to Trademark Infringement: The KRBL Limited v. Praveen Kumar Buyyani & Ors Judgment Introduction The judgment in KRBL Limited v. Praveen Kumar Buyyani & Ors,...
Judicial Affirmation of the One-Year Limitation under Section 14 of the Hindu Marriage Act

Judicial Affirmation of the One-Year Limitation under Section 14 of the Hindu Marriage Act

Date: Jan 16, 2025
Judicial Affirmation of the One-Year Limitation under Section 14 of the Hindu Marriage Act Introduction The judgment in Sri Nishant Bhardwaj v. Smt. Rishika Gautam by the Allahabad High Court on...
Expedited Administrative Accountability in Liquor Regulation: Mandating Prompt Action on Public Interest Representations

Expedited Administrative Accountability in Liquor Regulation: Mandating Prompt Action on Public Interest Representations

Date: Jan 16, 2025
Expedited Administrative Accountability in Liquor Regulation: Mandating Prompt Action on Public Interest Representations Introduction The case of Mathiyas v. The State Of Madhya Pradesh brings to...
Reinforcing the Boundaries of Disclosure Statement Admissibility in NDPS Cases: A Landmark Bail Decision

Reinforcing the Boundaries of Disclosure Statement Admissibility in NDPS Cases: A Landmark Bail Decision

Date: Jan 15, 2025
Reinforcing the Boundaries of Disclosure Statement Admissibility in NDPS Cases: A Landmark Bail Decision Introduction The judgment in Vikramjit Singh v. Narcotics Control Bureau, decided on 14...
Judicial Affirmation of Condonation of Service Shortfall for DSC Pension Eligibility: A New Precedent in Duly Condoning Qualifying Service Deficiencies

Judicial Affirmation of Condonation of Service Shortfall for DSC Pension Eligibility: A New Precedent in Duly Condoning Qualifying Service Deficiencies

Date: Jan 15, 2025
Judicial Affirmation of Condonation of Service Shortfall for DSC Pension Eligibility: A New Precedent in Duly Condoning Qualifying Service Deficiencies Introduction The case Union of India and Others...
Custody Parole Over Interim Bail: Delineating the Right to Contest Elections from Judicial Custody

Custody Parole Over Interim Bail: Delineating the Right to Contest Elections from Judicial Custody

Date: Jan 15, 2025
Custody Parole Over Interim Bail: Delineating the Right to Contest Elections from Judicial Custody Introduction This commentary examines the Delhi High Court’s decision in the matter of Mohd Tahir...
Precluding Re-Adjudication of Deadwood Claims in Arbitration: Judicial Prudence in Post-Award Review

Precluding Re-Adjudication of Deadwood Claims in Arbitration: Judicial Prudence in Post-Award Review

Date: Jan 15, 2025
Precluding Re-Adjudication of Deadwood Claims in Arbitration: Judicial Prudence in Post-Award Review Introduction The case of M/s Jaiprakash Associates Limited v. M/s NHPC Limited, decided on January...
Mandate for Charging Infrastructure in Cooperative Societies: A New Precedent for Sustainable Urban Mobility

Mandate for Charging Infrastructure in Cooperative Societies: A New Precedent for Sustainable Urban Mobility

Date: Jan 15, 2025
Mandate for Charging Infrastructure in Cooperative Societies: A New Precedent for Sustainable Urban Mobility Introduction In the case of Amit Dholakia v. The State of Maharashtra Through the Ministry...
Distinct Functions of Recognition and Affiliation: A New Precedent on Inspection Frequencies of Approved Colleges

Distinct Functions of Recognition and Affiliation: A New Precedent on Inspection Frequencies of Approved Colleges

Date: Jan 15, 2025
Distinct Functions of Recognition and Affiliation: A New Precedent on Inspection Frequencies of Approved Colleges Introduction The Judgment in the matter of ASSOCIATION OF NCTE APPROVED COLLEGES...
Gratuity Recovery and Misappropriation Allegations: A Landmark Precedent in Balancing Public Exchequer Recovery and Retiree Rights

Gratuity Recovery and Misappropriation Allegations: A Landmark Precedent in Balancing Public Exchequer Recovery and Retiree Rights

Date: Jan 15, 2025
Gratuity Recovery and Misappropriation Allegations: A Landmark Precedent in Balancing Public Exchequer Recovery and Retiree Rights Introduction This Judgment in the matter of STATE OF CHHATTISGARH v....
Reaffirming Disciplinary Authority: Limits on Compassionate Allowance for Misconduct

Reaffirming Disciplinary Authority: Limits on Compassionate Allowance for Misconduct

Date: Jan 15, 2025
Reaffirming Disciplinary Authority: Limits on Compassionate Allowance for Misconduct Introduction The judgment in Sunil Kumar Singh v. Union of India and Ors deals with the appeal of a former CRPF...
Strict Enforcement of the 120-Day Limitation Under Section 42 of the PMLA, 2002

Strict Enforcement of the 120-Day Limitation Under Section 42 of the PMLA, 2002

Date: Jan 15, 2025
Strict Enforcement of the 120-Day Limitation Under Section 42 of the PMLA, 2002 Introduction This commentary examines the recent Bombay High Court judgment in “The Assistant Director, Directorate of...
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