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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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  • Karnataka High Court Dismisses Plea Seeking Disqualification Over Oath-Taking Format
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10/01/2024, 3 years ago

Karnataka High Court Dismisses Plea Seeking Disqualification Over Oath-Taking Format

Introduction: The Karnataka High Court recently addressed a plea filed by Bhimappa Gundappa Gadad, urging the disqualification of 9 ministers and 37 MLAs for purportedly not adhering to the prescribed oath-taking format under Schedule III of the Indian Constitution. The petitioner sought their disqualification and deemed their appointments as unconstitutional and illegal. Arguments of Both […]

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10/01/2024, 3 years ago

Madras High Court Urges Consideration of Horizontal Reservation for Transgender Persons

Introduction: The Madras High Court addressed pleas by Grace Banu Ganesan and Rizwan Bharathi, advocating for the rights of transgender individuals, urging the State government to contemplate implementing horizontal reservation for trans and intersex persons in public employment and education. The petitioners highlighted the ambiguity surrounding the reservation policies for transgender individuals under the Most […]

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10/01/2024, 3 years ago

Delhi High Court Upholds Divorce Decree on Grounds of Wife’s Conduct

Introduction: In a divorce case heard by the Delhi High Court, a husband sought separation on grounds of cruelty by his wife, as per Section 13(1)(ia) of the Hindu Marriage Act, 1955. The court, comprising Justice Suresh Kumar Kait and Justice Neena Bansal Krishna, upheld the family court’s divorce decree, emphasizing the wife’s conduct of […]

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10/01/2024, 3 years ago

Delhi High Court Decides: Restrictions on Contractor’s Right to Claim Damages Deemed Against Public Policy

Introduction: In a significant ruling, the Delhi High Court, led by Justice Chandra Dhari Singh, declared a contractual clause restricting the contractor’s right to seek damages for delays caused by the employer as against public policy under Section 23 of the Indian Contract Act. The case involves a dispute between M/s MBL Infrastructure Ltd. and […]

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10/01/2024, 3 years ago

Challenging the Juvenile Justice Act: Exploring the Complexities of Constitutional Validity

Introduction: The case, PRAYAS JUVENILE AID CENTRE (JAC) SOCIETY vs. UNION OF INDIA W.P.(C) No. 001444 – / 2023, contested the constitutionality of Section 15 of the Juvenile Justice Act, 2015 (JJ Act), involving the preliminary assessment of juveniles above 16 accused of heinous crimes. The petitioners sought to strike down amendments diluting the juvenile […]

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10/01/2024, 3 years ago

Allegations of Control vs. Evidence: Satyendar Jain’s Bail Matter in the Supreme Court

Introduction: In the Supreme Court, arguments unfolded in the case of Satyendar Jain versus the Directorate of Enforcement. The focal point revolved around allegations against Jain and the evidence presented by both sides regarding his alleged involvement in certain companies. Arguments of Both Sides: Senior Advocates Dr. AM Singhvi and N Hariharan argued on behalf […]

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09/01/2024, 3 years ago

Jharkhand High Court Grants Relief to Aspirants: Allows CTET and TET-Qualified Residents from Neighboring States to Apply for Assistant Teacher Positions

Introduction: The Jharkhand High Court has delivered a groundbreaking ruling permitting residents of Jharkhand, who hold Central Teacher Eligibility Test (CTET) and Teacher Eligibility Test (TET) qualifications from neighboring states, to participate in the recruitment examination for Assistant Teacher positions. This decision addresses the State’s failure to conduct CTET or TET exams in recent years […]

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09/01/2024, 3 years ago

Orissa High Court Orders Doctors to Write in Legible Handwriting, Not ‘Zig Zag

Introduction: In a significant directive, the Orissa High Court addressed the issue of illegible handwriting in medical documents, directing the Chief Secretary of Odisha to mandate doctors to write prescriptions, post-mortem reports, and medico-legal documents in either capital letters or legible handwriting. This order stemmed from the difficulties faced by judicial officers in comprehending doctors’ […]

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09/01/2024, 3 years ago

Delhi High Court Raises Alarm Over Medical Infrastructure, Seeks Accountability

Introduction: The Delhi High Court expressed serious concerns regarding the deficient medical infrastructure in the national capital to handle critical care patients. In a suo motu PIL initiated in 2017, the court addressed the pressing issue of the insufficient availability of ICU beds and ventilators in government hospitals. The bench, led by Acting Chief Justice […]

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