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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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  • J&K High Court Emphasizes Fairness in Summary Suits, Grants Appellant Opportunity to Defend
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16/01/2024, 2 years ago

J&K High Court Emphasizes Fairness in Summary Suits, Grants Appellant Opportunity to Defend

Introduction: The Jammu and Kashmir and Ladakh High Court, in the case of Mohammad Altaf Mir v. Firdous Ahmad Mir, highlights the delicate balance between expediting commercial disputes through summary suits and ensuring the defendant’s right to a fair defense. The court, drawing from legal principles, emphasizes the need to grant leave to defend when […]

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16/01/2024, 2 years ago

Supreme Court Stresses Plaintiff’s Burden of Proof, Sets Aside Decree Based on Defendant’s Default

Introduction: The Supreme Court asserts that a court cannot pronounce judgment merely on a defendant’s default to file a written statement; the plaintiff must prove the case. The case involves the rejection of a decree in a civil suit due to the defendant’s failure to submit a written statement. The court clarifies that the plaintiff’s […]

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13/01/2024, 2 years ago

Gujarat High Court Slams GPSC for Gender Insensitivity, Halts Results Amidst Pregnant Woman’s Plea

Introduction: The Gujarat High Court criticizes the Gujarat Public Service Commission (GPSC) for its ‘complete gender insensitivity,’ rebuking its rejection of a pregnant woman’s request for a rescheduled interview during her advanced pregnancy stage. Radhika Shankarbhai Pawar, seeking the position of Assistant Manager (Finance and Accounts) Class II, faced dismissal of her plea despite informing […]

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13/01/2024, 2 years ago

Delhi High Court: Tarun Tejpal and Aniruddha Bahal to Publish Unconditional Apology in Defamation Case

Introduction: In a recent development, former Tehelka editor-in-chief Tarun Tejpal and co-founder Aniruddha Bahal informed the Delhi High Court that they will publish an unconditional apology in a national English newspaper, acknowledging that Major General MS Ahluwalia, who filed a defamation case in 2002, neither sought nor accepted any bribery. The case originated from a […]

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13/01/2024, 2 years ago

Madras High Court: Watching Child Porn Not Offence under POCSO Act, Cautions Against Misuse

Introduction: The Madras High Court, in a recent decision, set aside criminal proceedings against an individual, asserting that merely watching child pornographic videos does not attract offences under the Protection of Children from Sexual Offences (POCSO) Act. Justice Anand Venkatesh emphasized that for POCSO Act violations, a child must be used for pornography purposes, which […]

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13/01/2024, 2 years ago

Supreme Court Criticizes NGT’s Handling of Waterbody Filling Case, Orders Fresh Inquiry

Introduction: The Supreme Court, on January 4, expressed dissatisfaction with the National Green Tribunal’s (NGT) summary dismissal of an application alleging the filling up of a waterbody/pond without conducting a proper inquiry. The appellant had submitted photographs as evidence, but the NGT dismissed the case without due examination. Justices Abhay S. Oka and Ujjal Bhuyan […]

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13/01/2024, 2 years ago

Delhi High Court Affirms Limitations on Foreigners’ Fundamental Rights

Introduction: In a significant ruling, the Delhi High Court asserts that foreigners in India cannot claim the right to reside and settle under Article 19(1)(e) of the Constitution. A division bench comprising Justice Suresh Kumar Kait and Justice Manoj Jain makes it clear that the fundamental rights of foreigners are restricted to protection of life […]

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13/01/2024, 2 years ago

Karnataka High Court Presses for Financial Aid Norms in Transgender Student’s Admission Case

Introduction: In a significant development, the Karnataka High Court directs the National Law School of India University (NLSIU) to disclose the norms framed by its committee for providing financial aid to students. This directive comes in response to an application by a transgender candidate who, under an interim court order, secured provisional admission in the […]

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13/01/2024, 2 years ago

Supreme Court Rebukes State in Muzaffarnagar Student Slapping Case

Introduction: In a case that has captured national attention, the Supreme Court addresses a public interest litigation (PIL) filed by activist Tushar Gandhi regarding the Muzaffarnagar student slapping incident. The bench of Justices Abhay S Oka and Ujjal Bhuyan expresses dissatisfaction with the state government’s response, emphasizing the need for a proper and time-bound investigation. […]

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