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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 HC Ruling: Claimants Can Seek Balance Amount from Offending Vehicle’s Insurer
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05/01/2024, 2 years ago

Karnataka HC Ruling: Claimants Can Seek Balance Amount from Offending Vehicle’s Insurer

Introduction: In a significant ruling, the Karnataka High Court, through Justice Dr. Chillakur Sumalatha, addressed the rights of claimants in motor accidents where the total repair cost isn’t fully reimbursed by the insurer of the damaged vehicle. The judgment, arising from the appeal of a taxi owner, emphasizes that if the claimant doesn’t receive the […]

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05/01/2024, 2 years ago

Delhi HC Petition Seeks Practice Directions for Implementation of New Criminal Laws

Introduction: A petition has been filed before the Delhi High Court by Chanderbala Sharma seeking practice directions regarding the application of three new criminal laws, namely Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Sanhita. The plea urges effective implementation of existing court infrastructure for electronic trial recording, training programs for stakeholders, and […]

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05/01/2024, 2 years ago

Delhi HC Upholds PwDs’ Rights: Choice in Job Posting, Protection from Harassment

Introduction: The Delhi High Court, presided by Justice Chandra Dhari Singh, delivered a significant judgment emphasizing the rights of Persons with Disabilities (PwDs) in job postings and transfers. The case involved Bhavneet Singh, a person with locomotor disability, challenging his transfer to Chattisgarh by a government company under the Union Ministry of Railways. The court […]

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05/01/2024, 2 years ago

Madras High Court Upholds Right to Livelihood, Orders De-sealing of Shops Selling Banned Tobacco Products

Introduction: In a recent case before the Madras High Court, Justice GR Swaminathan directed the de-sealing of shops that were locked due to the sale of banned tobacco products. The court emphasized that while selling banned items is not permitted, the shopkeepers have the right to conduct lawful business. The hearing stemmed from pleas filed […]

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05/01/2024, 2 years ago

Kerala High Court Acknowledges State’s Support for Spinal Muscular Atrophy Patients

Introduction: In a significant development, the Kerala High Court addressed a plea filed by Seba P.A., a 24-year-old suffering from Spinal Muscular Atrophy (SMA), regarding the steep pricing of the life-saving medicine, Risdiplam. Justice Devan Ramachandran presided over the case, commending the Kerala government’s efforts in providing free medications to minor children afflicted with SMA. […]

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05/01/2024, 2 years ago

Supreme Court Rethinks ‘Custody’ in Evidence Act: Implications Explored in Recent Judgments

Introduction: In a pivotal judgment, the Supreme Court redefined the notion of ‘custody’ under Section 27 of the Indian Evidence Act, expanding its scope beyond formal arrest. Justices Sanjiv Khanna and SVN Bhatti’s bench, diverging from the prior judgment in Rajesh v. State of MP, clarified that ‘custody’ encompasses various forms of restraint, surveillance, or […]

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05/01/2024, 2 years ago

Social Media Scandal Unveiled: Punjab Prisons Under Scrutiny in Murder Accused’s Bail Application

Introduction: In a startling revelation, the Additional Director General of Police (ADGP) Punjab Prisons informed the High Court about self-clicked photographs and videos circulating on social media, allegedly taken from inside various prisons of Punjab. The matter came to light during the bail application hearing of Jagtej Singh, a murder accused currently lodged in Central […]

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05/01/2024, 2 years ago

Karnataka High Court Upholds Custody Decision in International Habeas Corpus Battle

Introduction: In a recent legal battle before the Karnataka High Court, a father residing in the USA filed a habeas corpus petition, seeking custody of his 4-year-old daughter, who was allegedly brought to India by his estranged wife in violation of the US court’s orders. The case, titled ABC AND State of Karnataka & Others […]

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05/01/2024, 2 years ago

Supreme Court Reverses High Court’s Default Bail Decision in UAPA Case

Introduction: In a significant legal development, the Supreme Court, comprising Justices Vikram Nath and Rajesh Bindal, recently ruled on an appeal filed by the Delhi Police regarding the grant of default bail to Lovepreet, accused under the Unlawful Activities (Prevention) Act, 1967 (“UAPA”). The Court found the High Court’s decision to grant default bail erroneous […]

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