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All High Courts Case Commentaries

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...
Presumption of Civil Death After Seven Years: Compassionate Appointment Denied - Amardeep Kashyap v. State Of U.P.

Presumption of Civil Death After Seven Years: Compassionate Appointment Denied - Amardeep Kashyap v. State Of U.P.

Date: Oct 25, 2024
Presumption of Civil Death After Seven Years: Compassionate Appointment Denied Introduction The case of Amardeep Kashyap v. State Of U.P. Thru. Addl. Chief Secy. Msme Lko. And 3 Others adjudicated by...
BNSS Transition Clarified: No Writ to Compel FIR/Investigation; Complainants Must Use Magistrate Remedies (CrPC s.200/156(3); BNSS s.223) — Dr. Anjana Singh v. State of Madhya Pradesh

BNSS Transition Clarified: No Writ to Compel FIR/Investigation; Complainants Must Use Magistrate Remedies (CrPC s.200/156(3); BNSS s.223) — Dr. Anjana Singh v. State of Madhya Pradesh

Date: Oct 15, 2024
BNSS Transition Clarified: No Writ to Compel FIR/Investigation; Complainants Must Use Magistrate Remedies (CrPC s.200/156(3); BNSS s.223) Introduction In Dr. Anjana Singh v. State of Madhya Pradesh...
Sita Kumari Devi v. The State of Bihar: Landmark Ruling on Unlawful Salary Recovery

Sita Kumari Devi v. The State of Bihar: Landmark Ruling on Unlawful Salary Recovery

Date: Oct 5, 2024
Sita Kumari Devi v. The State of Bihar: Landmark Ruling on Unlawful Salary Recovery Introduction The case of Sita Kumari Devi v. The State of Bihar and Others was adjudicated in the Patna High Court...
Upholding Judicial Safeguards: Karnataka High Court Affirmatively Validates Governor's Sanction Under Section 17A of the Prevention of Corruption Act

Upholding Judicial Safeguards: Karnataka High Court Affirmatively Validates Governor's Sanction Under Section 17A of the Prevention of Corruption Act

Date: Sep 25, 2024
Upholding Judicial Safeguards: Karnataka High Court Affirmatively Validates Governor's Sanction Under Section 17A of the Prevention of Corruption Act Introduction In a landmark decision delivered on...
Upholding Capital Punishment in Circumstantial Evidence: State of Jharkhand v. Rahul Kumar

Upholding Capital Punishment in Circumstantial Evidence: State of Jharkhand v. Rahul Kumar

Date: Sep 10, 2024
Upholding Capital Punishment in Circumstantial Evidence: State of Jharkhand v. Rahul Kumar Introduction The case of The State of Jharkhand v. Rahul Kumar alias Rahul Raj alias Raj Srivastava alias...
Establishing Bilateral Consent as a Prerequisite for Valid Cancellation of Sale Deeds

Establishing Bilateral Consent as a Prerequisite for Valid Cancellation of Sale Deeds

Date: Sep 6, 2024
Establishing Bilateral Consent as a Prerequisite for Valid Cancellation of Sale Deeds Introduction The case of AMMINI v. THE STATE OF KERALA before the Kerala High Court on September 5, 2024, deals...
Kerala High Court Affirms Limited Standing for Associations in Transfer Order Challenges under Kerala Administrative Tribunals Act

Kerala High Court Affirms Limited Standing for Associations in Transfer Order Challenges under Kerala Administrative Tribunals Act

Date: Sep 5, 2024
Kerala High Court Affirms Limited Standing for Associations in Transfer Order Challenges under Kerala Administrative Tribunals Act Introduction In the landmark case of State of Kerala, Represented by...
Kerala High Court Establishes Precedent on Revisiting Contributory Negligence in Motor Accident Claims in AJEESH v. VARGHESE

Kerala High Court Establishes Precedent on Revisiting Contributory Negligence in Motor Accident Claims in AJEESH v. VARGHESE

Date: Aug 31, 2024
Kerala High Court Establishes Precedent on Revisiting Contributory Negligence in Motor Accident Claims in AJEESH v. VARGHESE Introduction The case of AJEESH (DECEASED) v. VIBITHA VARGHESE adjudicated...
Defining "Workman": Madhya Pradesh High Court Clarifies Exclusion of Medical Representatives from Industrial Disputes Act, 1947

Defining "Workman": Madhya Pradesh High Court Clarifies Exclusion of Medical Representatives from Industrial Disputes Act, 1947

Date: Aug 28, 2024
Defining "Workman": Madhya Pradesh High Court Clarifies Exclusion of Medical Representatives from Industrial Disputes Act, 1947 Introduction The case Zydus Healthcare Ltd. Through Its Authorized...
Upgradation Standards for Vocational Trainers in Madhya Pradesh High Court

Upgradation Standards for Vocational Trainers in Madhya Pradesh High Court

Date: Aug 23, 2024
Upgradation Standards for Vocational Trainers in Madhya Pradesh High Court Introduction The case of Deepti Pandey v. Union of India before the Madhya Pradesh High Court addresses significant concerns...
Enforcement of Permanent Injunction Under Order 21 Rule 32 CPC: A New Precedent Set by Jagivan Das Jaiswal v. Mst Nohari Bai

Enforcement of Permanent Injunction Under Order 21 Rule 32 CPC: A New Precedent Set by Jagivan Das Jaiswal v. Mst Nohari Bai

Date: Aug 23, 2024
Enforcement of Permanent Injunction Under Order 21 Rule 32 CPC: A New Precedent Set by Jagivan Das Jaiswal v. Mst Nohari Bai 1. Introduction The legal landscape surrounding the enforcement of...
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