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The Legal Affair

Let's talk Law

The Legal Affair

Let's talk Law

Author: Aviraj Sharma

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  • Supreme Court Sets Guidelines for E-Rickshaws in Matheran, Balancing Environmental Conservation and Livelihood
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22/01/2024, 2 years ago

Supreme Court Sets Guidelines for E-Rickshaws in Matheran, Balancing Environmental Conservation and Livelihood

Introduction: In a recent ruling, the Supreme Court clarified the conditions under which E-Rickshaws would be permitted in the city of Matheran, primarily to compensate hand cart pullers for their potential loss of employment. The Division Bench of Justices B.R Gavai and Sandeep Mehta addressed an application by horsemen associations seeking modifications to a previous […]

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22/01/2024, 2 years ago

Delhi High Court Advocates for Child-Centric Approach in Custody Battles

Introduction: In a poignant stance, the Delhi High Court, comprising Justice Suresh Kumar Kait and Justice Neena Bansal Krishna, emphasizes the child’s paramount interest in custody battles. The court addresses the repercussions of familial disputes on the child, underscoring that even in a victorious custody battle, the minor may suffer the most due to strained […]

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22/01/2024, 2 years ago

Landmark Ruling: U.P. Forest Corporation Recognized as an ‘Industry’ by Allahabad High Court

Introduction: In a groundbreaking decision, the Lucknow Bench of the Allahabad High Court has declared the U.P. Forest Corporation as an “industry” within the purview of the Industrial Disputes Act, 1947. The ruling, delivered by Justice Alok Mathur, emphasizes that employees engaged in systematic activities, such as the ‘mali’ involved in forest-related tasks, are not […]

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22/01/2024, 2 years ago

Telangana High Court Quashes FIR in Alleged Minor Marriage, Citing Hindu Marriage Act Provisions

Introduction: In a significant legal development, the Telangana High Court has intervened to quash an FIR filed under the POCSO Act against an accused for allegedly marrying a minor. Justice T Madhavi Devi, in response to a plea filed under section 482 of IPC, ruled that the marriage is voidable at the instance of the […]

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22/01/2024, 2 years ago

Supreme Court Expresses Concerns Over Procedural Lapses in Bail Appeal, Postpones Decision for Witness Cross-Examination Completion

Introduction: In a recent appeal for bail, the Supreme Court expressed shock over the State’s reliance on police-recorded confessional statements. Justices Abhay S. Oka and Ujjal Bhuyan revealed their astonishment at the state’s use of such statements in the counter affidavit, criticizing the practice. The accused initially sought bail from the Calcutta High Court, which […]

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20/01/2024, 2 years ago

Supreme Court Dismisses Petition Challenging Rahul Gandhi’s Lok Sabha Membership Restoration

Introduction: The Supreme Court recently dismissed a petition challenging the restoration of Rahul Gandhi’s Lok Sabha membership, suspended due to a criminal defamation case conviction. The court, in August last year, had stayed Gandhi’s conviction, leading to the restoration of his membership. Subsequently, lawyer Ashok Pandey filed a writ petition, arguing that restoration should only […]

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20/01/2024, 2 years ago

Jharkhand High Court Affirms Father’s Responsibility for Child Maintenance

Introduction: In a recent verdict, the Jharkhand High Court emphasized a father’s obligation to provide financial support to his children, regardless of the mother’s employment status. Justice Subhash Chand clarified that a father remains liable for child maintenance even when the mother is employed and self-sufficient. The case involved a revision petition challenging a Family […]

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20/01/2024, 2 years ago

Kerala High Court Upholds Right to Education for Murder Convict

Introduction: In a landmark decision, the Kerala High Court has granted permission to a murder convict to pursue a three-year LLB course in online mode, emphasizing the transformative power of education in the process of rehabilitation. The court rejected objections from the college, stating that the education of a convict fosters hope for a better […]

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20/01/2024, 2 years ago

Madhya Pradesh High Court Upholds Freedom of Speech in Social Media Election Post

Introduction: The Madhya Pradesh High Court, in a recent ruling, held that expressing doubt about the conduct of free and fair Legislative Assembly elections in a social media post does not amount to an offense under Section 505(2) of the IPC (‘statements conducing to public mischief’). The petitioner, a correspondent, faced an FIR for raising […]

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