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All High Courts Case Commentaries

Immediate Approval of Qualified Teacher Appointments in the Absence of Protected Hands: A New Administrative Precedent

Immediate Approval of Qualified Teacher Appointments in the Absence of Protected Hands: A New Administrative Precedent

Date: Jan 7, 2025
Immediate Approval of Qualified Teacher Appointments in the Absence of Protected Hands: A New Administrative Precedent Introduction The case of Leena V A v. The State of Kerala marks a significant...
Clarifying the Evidentiary Threshold for Employer-Employee Relationships Under Workmen's Compensation

Clarifying the Evidentiary Threshold for Employer-Employee Relationships Under Workmen's Compensation

Date: Jan 7, 2025
Clarifying the Evidentiary Threshold for Employer-Employee Relationships Under Workmen's Compensation Introduction The judgment in Sakkir Husain v. Binu Madhu, delivered by the Kerala High Court on...
Marriage as Grounds for Quashing FIR of Rape: Rajasthan High Court’s New Precedent

Marriage as Grounds for Quashing FIR of Rape: Rajasthan High Court’s New Precedent

Date: Jan 7, 2025
Marriage as Grounds for Quashing FIR of Rape: Rajasthan High Court’s New Precedent Introduction In Jasveer S/o Sh. Rakesh v. State of Rajasthan (Rajasthan High Court, 06 January 2025), the Bench at...
Ensuring Mandatory Consideration Under the Probation of Offenders Act: A New Precedent from the Gauhati High Court

Ensuring Mandatory Consideration Under the Probation of Offenders Act: A New Precedent from the Gauhati High Court

Date: Jan 7, 2025
Ensuring Mandatory Consideration Under the Probation of Offenders Act: A New Precedent from the Gauhati High Court 1. Introduction The Judgment of the Gauhati High Court in the matter of Abdur Rahman...
Ensuring Meaningful Application of Mind Under Section 17A: A New Safeguard for Honest Public Servants

Ensuring Meaningful Application of Mind Under Section 17A: A New Safeguard for Honest Public Servants

Date: Jan 7, 2025
Ensuring Meaningful Application of Mind Under Section 17A: A New Safeguard for Honest Public Servants 1. Introduction The Madras High Court, in the case of K. Shiva Kumar v. State, 2025, has...
Kerala High Court Reaffirms Non-Consideration of Additional Defense Evidence During Discharge in Rape-on-Promise Cases

Kerala High Court Reaffirms Non-Consideration of Additional Defense Evidence During Discharge in Rape-on-Promise Cases

Date: Jan 7, 2025
Kerala High Court Reaffirms Non-Consideration of Additional Defense Evidence During Discharge in Rape-on-Promise Cases 1. Introduction On January 6, 2025, the Kerala High Court delivered an important...
Reaffirming the "Prima Facie True" Standard Under the UAPA: Commentary on Mohammad Shahid Khan v. Union of India

Reaffirming the "Prima Facie True" Standard Under the UAPA: Commentary on Mohammad Shahid Khan v. Union of India

Date: Jan 7, 2025
Reaffirming the "Prima Facie True" Standard Under the UAPA: Commentary on Mohammad Shahid Khan v. Union of India 1. Introduction In Mohammad Shahid Khan v. Union of India, decided on January 6, 2025,...
Balancing Procedural Fairness and Penal Discretion in VAT Compliance under Section 16 of the HP VAT Act

Balancing Procedural Fairness and Penal Discretion in VAT Compliance under Section 16 of the HP VAT Act

Date: Jan 7, 2025
Balancing Procedural Fairness and Penal Discretion in VAT Compliance under Section 16 of the HP VAT Act Introduction The judgment in M/S Bhushan Power & Steel Ltd. v. Assistant Excise and Taxation...
Kerala High Court Affirms No Probate Requirement for Indian Christian Wills

Kerala High Court Affirms No Probate Requirement for Indian Christian Wills

Date: Jan 7, 2025
Kerala High Court Affirms No Probate Requirement for Indian Christian Wills Introduction This commentary discusses the recent Kerala High Court judgment in Smt. Ambily Jose v. Sub Registrar,...
Strengthening Altruistic Organ Donation: The Kerala High Court’s Landmark Ruling on Non-Relative Transplants

Strengthening Altruistic Organ Donation: The Kerala High Court’s Landmark Ruling on Non-Relative Transplants

Date: Jan 7, 2025
Strengthening Altruistic Organ Donation: The Kerala High Court’s Landmark Ruling on Non-Relative Transplants Introduction The case of UVAIS MUHAMMAD K.C. v. STATE OF KERALA, decided by the Kerala...
Provisional Release of Seized Goods Pending Adjudication Under Section 130: New Precedent from the Kerala High Court

Provisional Release of Seized Goods Pending Adjudication Under Section 130: New Precedent from the Kerala High Court

Date: Jan 7, 2025
Provisional Release of Seized Goods Pending Adjudication Under Section 130: New Precedent from the Kerala High Court 1. Introduction The Kerala High Court’s decision in Shish Jewels Private Limited...
Reaffirming the Exceptionality of CBI Investigations: Kerala High Court’s Stance

Reaffirming the Exceptionality of CBI Investigations: Kerala High Court’s Stance

Date: Jan 7, 2025
Reaffirming the Exceptionality of CBI Investigations: Kerala High Court’s Stance 1. Introduction The Kerala High Court, in the Judgment titled Manjusha K v. Central Bureau of Investigation, addressed...
Clarifying the Distinction Between “Notice” and “Notification” Under Section 41(1) of the MHADA Act and Enforcing the Maximum Requisition Period

Clarifying the Distinction Between “Notice” and “Notification” Under Section 41(1) of the MHADA Act and Enforcing the Maximum Requisition Period

Date: Jan 7, 2025
Clarifying the Distinction Between “Notice” and “Notification” Under Section 41(1) of the MHADA Act and Enforcing the Maximum Requisition Period 1. Introduction The Bombay High Court’s judgment in...
Refining the Discretion on Compensation Deposits in Cheque-Bounce Appeals: The A.P. High Court’s New Guideline

Refining the Discretion on Compensation Deposits in Cheque-Bounce Appeals: The A.P. High Court’s New Guideline

Date: Jan 7, 2025
Refining the Discretion on Compensation Deposits in Cheque-Bounce Appeals: The A.P. High Court’s New Guideline 1. Introduction This commentary examines the recent judgment in “Smt. Mekala Sudha...
Kerala High Court’s Clarification on Sexual Harassment and Offensive Communication Under IPC and KP Act

Kerala High Court’s Clarification on Sexual Harassment and Offensive Communication Under IPC and KP Act

Date: Jan 7, 2025
Kerala High Court’s Clarification on Sexual Harassment and Offensive Communication Under IPC and KP Act Introduction This commentary discusses the decision of the High Court of Kerala at Ernakulam in...
Clarifying the Interplay Between Order 38 Rule 5 CPC and Section 9 of the Arbitration Act

Clarifying the Interplay Between Order 38 Rule 5 CPC and Section 9 of the Arbitration Act

Date: Jan 4, 2025
Clarifying the Interplay Between Order 38 Rule 5 CPC and Section 9 of the Arbitration Act 1. Introduction The Andhra Pradesh High Court’s decision in TUF Metallurgical Private Limited v. BST (HK)...
Mandatory Joinder of Registered Vehicle Owner in Motor Accident Claims: A New Precedent

Mandatory Joinder of Registered Vehicle Owner in Motor Accident Claims: A New Precedent

Date: Jan 4, 2025
Mandatory Joinder of Registered Vehicle Owner in Motor Accident Claims: A New Precedent Introduction The judgment in NATIONAL INSURANCE COMPANY LIMITED v. GULSHANA BEGUM AND ORS. delivered on January...
Clarifying Withdrawal and Deemed Permission: Dominus Litis in the Context of Section 238(6) of the Cantonments Act, 2006

Clarifying Withdrawal and Deemed Permission: Dominus Litis in the Context of Section 238(6) of the Cantonments Act, 2006

Date: Jan 4, 2025
Clarifying Withdrawal and Deemed Permission: Dominus Litis in the Context of Section 238(6) of the Cantonments Act, 2006 Introduction In Radhika Pruthi v. Cantonment Board, through its Chief...
Condoning Inordinate Delay: Reaffirming the "Sufficient Cause" Principle under Section 5 of the Limitation Act

Condoning Inordinate Delay: Reaffirming the "Sufficient Cause" Principle under Section 5 of the Limitation Act

Date: Jan 4, 2025
Condoning Inordinate Delay: Reaffirming the "Sufficient Cause" Principle under Section 5 of the Limitation Act Introduction The judgment in Rajinder Singh and Others v. Abdul Aziz and Another...
Judicial Oversight of Court Security: Mandated Committee Monitoring and Rapid Remedial Action

Judicial Oversight of Court Security: Mandated Committee Monitoring and Rapid Remedial Action

Date: Jan 4, 2025
Judicial Oversight of Court Security: Mandated Committee Monitoring and Rapid Remedial Action Introduction The case titled COURT ON ITS OWN MOTION v. NEMO before the Jammu and Kashmir High Court...
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