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All High Courts Case Commentaries

Substance Over Form: The Principle of Leniency in Incorrect Section Citations

Substance Over Form: The Principle of Leniency in Incorrect Section Citations

Date: Jan 8, 2025
Substance Over Form: The Principle of Leniency in Incorrect Section Citations Introduction This commentary discusses the recent Delhi High Court decision in the case of Rajeev Shukla v. Gopal Krishna...
Strict 120-Day Limitation for Appeals Under the 2013 Act: Bombay High Court’s New Rule

Strict 120-Day Limitation for Appeals Under the 2013 Act: Bombay High Court’s New Rule

Date: Jan 8, 2025
Strict 120-Day Limitation for Appeals Under the 2013 Act: Bombay High Court’s New Rule 1. Introduction In a significant ruling titled “BRIHANMUMBAI MUNICIPAL CORPORATION THROUGH ITS MUNICIPAL...
Affirming the Right of Muslim Males to Seek Judicial Dissolution of Marriage

Affirming the Right of Muslim Males to Seek Judicial Dissolution of Marriage

Date: Jan 8, 2025
Affirming the Right of Muslim Males to Seek Judicial Dissolution of Marriage Introduction The case of Mohammad Shah v. Smt. Chandani Begum, decided by the Madhya Pradesh High Court on January 7,...
Enhanced Judicial Scrutiny for Protecting Women Artists against Sexual Exploitation

Enhanced Judicial Scrutiny for Protecting Women Artists against Sexual Exploitation

Date: Jan 8, 2025
Enhanced Judicial Scrutiny for Protecting Women Artists against Sexual Exploitation Introduction The matter of Manish Kumar Yadav v. State of U.P. was decided by the Hon’ble Allahabad High Court on...
“Clarifying the Cut-Off Date Principle for Age Eligibility in Judicial Service Recruitment”

“Clarifying the Cut-Off Date Principle for Age Eligibility in Judicial Service Recruitment”

Date: Jan 8, 2025
Clarifying the Cut-Off Date Principle for Age Eligibility in Judicial Service Recruitment Introduction The case of Shweta Chowdhery v. Hon’ble High Court of Delhi through its Registrar General was...
New Clarification on Maintenance Entitlements Under the Domestic Violence Act

New Clarification on Maintenance Entitlements Under the Domestic Violence Act

Date: Jan 8, 2025
New Clarification on Maintenance Entitlements Under the Domestic Violence Act Introduction The High Court of Delhi, in the case of Neelam Walia v. Sanjay Walia (Crl.M.C. 4406/2019, decided on January...
Balancing Procedural Convenience and Custodial Duties: A Gender-Neutral Approach in Transfer Petitions in Matrimonial Cases

Balancing Procedural Convenience and Custodial Duties: A Gender-Neutral Approach in Transfer Petitions in Matrimonial Cases

Date: Jan 8, 2025
Balancing Procedural Convenience and Custodial Duties: A Gender-Neutral Approach in Transfer Petitions in Matrimonial Cases Introduction The Judgment in SMT Sushmitha B L @ Uma v. Sri Raghavendra B...
The Presumptive Attributability Principle for Disability Pension: Kuldeep Singh v. Director General CRPF

The Presumptive Attributability Principle for Disability Pension: Kuldeep Singh v. Director General CRPF

Date: Jan 8, 2025
The Presumptive Attributability Principle for Disability Pension: Kuldeep Singh v. Director General CRPF 1. Introduction The judgment in Kuldeep Singh v. Director General CRPF and Ors., decided by...
The Defacto Complainant’s Right to Obtain a Copy of Their Section 164 Cr.P.C Statement Post-Final Report

The Defacto Complainant’s Right to Obtain a Copy of Their Section 164 Cr.P.C Statement Post-Final Report

Date: Jan 8, 2025
The Defacto Complainant’s Right to Obtain a Copy of Their Section 164 Cr.P.C Statement Post-Final Report Introduction This case, titled SNIGDHA KUMAR v. THE INSPECTOR OF POLICE, was decided by the...
Clarifying the “Ordinary Residence” Test Under the Guardian and Wards Act: The New Precedent in SULBHI AND ORS v. BHAVNESH KUMAR

Clarifying the “Ordinary Residence” Test Under the Guardian and Wards Act: The New Precedent in SULBHI AND ORS v. BHAVNESH KUMAR

Date: Jan 8, 2025
Clarifying the “Ordinary Residence” Test Under the Guardian and Wards Act: The New Precedent in SULBHI AND ORS v. BHAVNESH KUMAR 1. Introduction The case of SULBHI AND ORS v. BHAVNESH KUMAR, decided...
Transposition Prohibited: Strengthening Time-Bound Challenges in Election Petitions

Transposition Prohibited: Strengthening Time-Bound Challenges in Election Petitions

Date: Jan 8, 2025
Transposition Prohibited: Strengthening Time-Bound Challenges in Election Petitions 1. Introduction This commentary examines the Karnataka High Court’s decision in Kudleppa S/O Veerasangappa...
Rapid Justice Upheld: Defending Expeditious Consolidation Proceedings Amid Allegations of Bias

Rapid Justice Upheld: Defending Expeditious Consolidation Proceedings Amid Allegations of Bias

Date: Jan 8, 2025
Rapid Justice Upheld: Defending Expeditious Consolidation Proceedings Amid Allegations of Bias Introduction The judgment in Smt. Manorma Tiwari v. State Of UP And 3 Others marks an important...
Madras High Court’s Clarification on Compensation for Improper Preventive Detention

Madras High Court’s Clarification on Compensation for Improper Preventive Detention

Date: Jan 8, 2025
Madras High Court’s Clarification on Compensation for Improper Preventive Detention 1. Introduction The Judgment under review is Eswaran R v. The Government of Tamil Nadu, decided by the Hon’ble...
Enforcing the Validity of the National Sports Code's Relaxation Clause with Strict Accountability: The New Judicial Mandate

Enforcing the Validity of the National Sports Code's Relaxation Clause with Strict Accountability: The New Judicial Mandate

Date: Jan 8, 2025
Enforcing the Validity of the National Sports Code's Relaxation Clause with Strict Accountability: The New Judicial Mandate 1. Introduction This commentary examines the Delhi High Court’s judgment in...
Reaffirming Proportionality in Disciplinary Punishments: Delhi High Court’s Guidance

Reaffirming Proportionality in Disciplinary Punishments: Delhi High Court’s Guidance

Date: Jan 8, 2025
Reaffirming Proportionality in Disciplinary Punishments: Delhi High Court’s Guidance Introduction This commentary examines the Delhi High Court’s decision in W.P.(C) 7570/2016, Babrey Singh v. Union...
Recognizing “Relationships in the Nature of Marriage” Under the Domestic Violence Act

Recognizing “Relationships in the Nature of Marriage” Under the Domestic Violence Act

Date: Jan 8, 2025
Recognizing “Relationships in the Nature of Marriage” Under the Domestic Violence Act Introduction The Delhi High Court’s judgment in Anamika Chandel v. Dr. Naresh Chandel (decided on January 7,...
Judicial Clarification on Unauthorized Minor Property Sales and Banking Discretion

Judicial Clarification on Unauthorized Minor Property Sales and Banking Discretion

Date: Jan 8, 2025
Judicial Clarification on Unauthorized Minor Property Sales and Banking Discretion Introduction The case of Yamuna Kumari v. The Sub Registrar before the Kerala High Court presents an intricate legal...
New Precedent: Inapplicability of Restrictive Arbitration Clauses Limiting Legal Proceedings

New Precedent: Inapplicability of Restrictive Arbitration Clauses Limiting Legal Proceedings

Date: Jan 8, 2025
New Precedent: Inapplicability of Restrictive Arbitration Clauses Limiting Legal Proceedings Introduction The case of M/S. Bhageeratha Engineering Ltd. v. State of Kerala, decided by the Kerala High...
Kerala High Court Reaffirms Non-Quashability of POCSO Charges Despite Settlement

Kerala High Court Reaffirms Non-Quashability of POCSO Charges Despite Settlement

Date: Jan 7, 2025
Kerala High Court Reaffirms Non-Quashability of POCSO Charges Despite Settlement 1. Introduction The case of XXXXXX v. State of Kerala was brought before the High Court of Kerala at Ernakulam. The...
The Court’s Emphasis on “Existence” of Arbitration Agreements under Section 11 of the Arbitration and Conciliation Act

The Court’s Emphasis on “Existence” of Arbitration Agreements under Section 11 of the Arbitration and Conciliation Act

Date: Jan 7, 2025
The Court’s Emphasis on “Existence” of Arbitration Agreements under Section 11 of the Arbitration and Conciliation Act 1. Introduction In the matter of Shreegopal Barasia v. Creative Homes (Bombay...
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