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All High Courts Case Commentaries

Clarifying Deductions and Revising the Interest Rate in Motor Accident Compensation Cases

Clarifying Deductions and Revising the Interest Rate in Motor Accident Compensation Cases

Date: Dec 4, 2024
Clarifying Deductions and Revising the Interest Rate in Motor Accident Compensation Cases Introduction This commentary examines the decision of the Jharkhand High Court in “The Oriental Insurance Co....
Reaffirming the Requirement of Corroborative Evidence Beyond Section 67 NDPS Statements

Reaffirming the Requirement of Corroborative Evidence Beyond Section 67 NDPS Statements

Date: Dec 4, 2024
Reaffirming the Requirement of Corroborative Evidence Beyond Section 67 NDPS Statements Introduction The present commentary analyzes the Judgment of the High Court of Karnataka in the case RAGINI...
Restricting Additional Evidence Under Order XLI Rule 27: No Evidence Beyond Pleadings

Restricting Additional Evidence Under Order XLI Rule 27: No Evidence Beyond Pleadings

Date: Dec 3, 2024
Restricting Additional Evidence Under Order XLI Rule 27: No Evidence Beyond Pleadings Introduction This commentary examines the Jharkhand High Court’s decision in the case of Motilal Agarwal v. Ram...
Exclusion of Limitation Constraints on Arbitration under the National Highways Act: A Landmark Ruling

Exclusion of Limitation Constraints on Arbitration under the National Highways Act: A Landmark Ruling

Date: Dec 3, 2024
Exclusion of Limitation Constraints on Arbitration under the National Highways Act: A Landmark Ruling Introduction This Judgment by the Kerala High Court in the matter of National Highways Authority...
Mandatory Compliance with Structural Stability and Fire Safety Standards for Recognized Schools

Mandatory Compliance with Structural Stability and Fire Safety Standards for Recognized Schools

Date: Dec 3, 2024
Mandatory Compliance with Structural Stability and Fire Safety Standards for Recognized Schools 1. Introduction The case of Organisation for Unaided Recognised Schools (R) (OUR Schools) v. State of...
Reassessing Corruption Charges: The Imperative of Dishonest Intention in Framing Offences under the PC Act

Reassessing Corruption Charges: The Imperative of Dishonest Intention in Framing Offences under the PC Act

Date: Nov 30, 2024
Reassessing Corruption Charges: The Imperative of Dishonest Intention in Framing Offences under the PC Act Introduction The judgment in Dalip Thusu and Another v. U T of J and K Th SSP Anti...
Section 35A of the Banking Regulation Act and Its Limitations: Insights from Union Bank of India v. State of Karnataka

Section 35A of the Banking Regulation Act and Its Limitations: Insights from Union Bank of India v. State of Karnataka

Date: Nov 18, 2024
Section 35A of the Banking Regulation Act and Its Limitations: Insights from Union Bank of India v. State of Karnataka Introduction The case of Union Bank of India v. State of Karnataka adjudicated...
Kerala High Court Sets New Precedent on Writ Appeal Maintainability and Intermediary Orders in Land Allotment Disputes

Kerala High Court Sets New Precedent on Writ Appeal Maintainability and Intermediary Orders in Land Allotment Disputes

Date: Nov 18, 2024
Kerala High Court Sets New Precedent on Writ Appeal Maintainability and Intermediary Orders in Land Allotment Disputes Introduction The case of Union Territory of Lakshadweep v. Salmikoya K. is a...
Protection of Private Property Rights in Expressive Installations: Madras High Court Upholds Fundamental Freedoms in Bharathiya Janatha Party v. The District Collector

Protection of Private Property Rights in Expressive Installations: Madras High Court Upholds Fundamental Freedoms in Bharathiya Janatha Party v. The District Collector

Date: Nov 18, 2024
Protection of Private Property Rights in Expressive Installations: Madras High Court Upholds Fundamental Freedoms in Bharathiya Janatha Party v. The District Collector Introduction The case of...
Waiver of Section 12(5) of the Arbitration Act in Truly PEST Solution Pvt Ltd v. P.C.M.E.

Waiver of Section 12(5) of the Arbitration Act in Truly PEST Solution Pvt Ltd v. P.C.M.E.

Date: Nov 18, 2024
Waiver of Section 12(5) of the Arbitration Act in Truly PEST Solution Pvt Ltd v. P.C.M.E Introduction The case of Truly PEST Solution Pvt Ltd (Being a MSME) v. Principal Chief Mechanical Engineering...
Protection of Trademark Integrity in the Beer Industry: Insights from Mount Everest Breweries v. Regent Beers & Wines

Protection of Trademark Integrity in the Beer Industry: Insights from Mount Everest Breweries v. Regent Beers & Wines

Date: Nov 18, 2024
Protection of Trademark Integrity in the Beer Industry: Insights from Mount Everest Breweries Limited vs. Regent Beers & Wines Limited Introduction The case of Mount Everest Breweries Limited...
High Court Reaffirms “Best Interests of the Child” and Statutory Procedure in Adoption Disputes

High Court Reaffirms “Best Interests of the Child” and Statutory Procedure in Adoption Disputes

Date: Nov 16, 2024
High Court Reaffirms “Best Interests of the Child” and Statutory Procedure in Adoption Disputes 1. Introduction The case of K. Savithri v. The Chairperson/Member, Child Welfare Committee (H.C.P. No....
Separability Presumption Reinforced: State of Sikkim v. M/s Tashi Delek Gaming Solutions Pvt. Ltd.

Separability Presumption Reinforced: State of Sikkim v. M/s Tashi Delek Gaming Solutions Pvt. Ltd.

Date: Nov 14, 2024
Separability Presumption Reinforced: State of Sikkim v. M/s Tashi Delek Gaming Solutions Pvt. Ltd. Introduction The case of State of Sikkim AND ANR. v. M/s Tashi Delek Gaming Solutions Pvt. Ltd....
Enhancement of Compensation in Motor Accident Claims: Key Principles from NIYAS v. MOHANA

Enhancement of Compensation in Motor Accident Claims: Key Principles from NIYAS v. MOHANA

Date: Nov 14, 2024
Enhancement of Compensation in Motor Accident Claims: Key Principles from NIYAS v. MOHANA 1. Introduction The case of NIYAS v. MOHANA addressed significant issues pertaining to compensation in motor...
Orissa High Court Upholds Arbitration Procedures under MSMED Act, Restricts Judicial Intervention under Article 226

Orissa High Court Upholds Arbitration Procedures under MSMED Act, Restricts Judicial Intervention under Article 226

Date: Nov 6, 2024
Orissa High Court Upholds Arbitration Procedures under MSMED Act, Restricts Judicial Intervention under Article 226 Introduction In the matter of AES India (Pvt.) Ltd. v. State of Odisha, adjudicated...
Establishing Standards for Mental Cruelty in Matrimonial Dissolution: Gora Pallai Venkatgiri v. Smt. Yernakula Meera

Establishing Standards for Mental Cruelty in Matrimonial Dissolution: Gora Pallai Venkatgiri v. Smt. Yernakula Meera

Date: Nov 6, 2024
Establishing Standards for Mental Cruelty in Matrimonial Dissolution: Gora Pallai Venkatgiri v. Smt. Yernakula Meera Introduction The case of Gora Pallai Venkatgiri v. Smt. Yernakula Meera was...
Strict Enforcement of Statutory Interest on Tax Defaults under Himachal Pradesh Passenger and Goods Taxation Act: General Manager v. Excise & Taxation Commissioner

Strict Enforcement of Statutory Interest on Tax Defaults under Himachal Pradesh Passenger and Goods Taxation Act: General Manager v. Excise & Taxation Commissioner

Date: Nov 5, 2024
Strict Enforcement of Statutory Interest on Tax Defaults under Himachal Pradesh Passenger and Goods Taxation Act Introduction The case of General Manager, Punjab Roadways Pathankot versus Excise &...
Ensuring Effective Opportunity of Hearing Under Section 148A(d) of the Income Tax Act: Insights from Rakesh Agrawal v. Central Board of Direct Taxes

Ensuring Effective Opportunity of Hearing Under Section 148A(d) of the Income Tax Act: Insights from Rakesh Agrawal v. Central Board of Direct Taxes

Date: Nov 5, 2024
Ensuring Effective Opportunity of Hearing Under Section 148A(d) of the Income Tax Act: Insights from Rakesh Agrawal v. Central Board of Direct Taxes 1. Introduction The case of Rakesh Agrawal v....
“Intact Hymen Not Conclusive of Non-Occurrence”: New Principle Under BNSS 2023 in POCSO Proceedings

“Intact Hymen Not Conclusive of Non-Occurrence”: New Principle Under BNSS 2023 in POCSO Proceedings

Date: Nov 2, 2024
Intact Hymen Not Conclusive of Non-Occurrence: New Principle Under BNSS 2023 in POCSO Proceedings Introduction This commentary analyzes the recent decision in XXXXXX v. State of Kerala, delivered by...
Kerala High Court Narrows Documentary Access in Disciplinary Proceedings: Director v. Dr. Vinu Thomas (2024)

Kerala High Court Narrows Documentary Access in Disciplinary Proceedings: Director v. Dr. Vinu Thomas (2024)

Date: Oct 26, 2024
Kerala High Court Narrows Documentary Access in Disciplinary Proceedings under Rule 15 of the KCS (CCA) Rules — A Commentary on Director v. Dr. Vinu Thomas (2024) 1. Introduction The Division Bench...
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