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The Legal Affair

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The Legal Affair

Let's talk Law

Author: Aviraj Sharma

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  • Gauhati High Court Acquits Man Convicted Under Section 302 IPC Due to Unsoundness of Mind  
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20/12/2023, 2 years ago

Gauhati High Court Acquits Man Convicted Under Section 302 IPC Due to Unsoundness of Mind  

Introduction: In a significant judgment, the Gauhati High Court recently set aside the conviction of an individual under Section 302 of the Indian Penal Code (IPC) by ruling that he was of unsound mind during the incident and lacked the capacity to comprehend its consequences. The division bench of Justice Michael Zothankhuma and Justice Malasri […]

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20/12/2023, 2 years ago

Delhi High Court Dismisses PIL Seeking Usage of ‘Union Government’ Over ‘Central Government’ in Legislation  

Introduction: In a recent ruling, the Delhi High Court declined a public interest litigation (PIL) advocating for the exclusive use of “Union Government” instead of “Central Government” in legislative documents and actions. The division bench, comprising Acting Chief Justice Manmohan and Justice Mini Pushkarna, dismissed the plea, highlighting the interchangeable nature of the terms and […]

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20/12/2023, 2 years ago

Allahabad High Court: Determination of Gyanvapi Complex’s Religious Character by Varanasi Civil Court  

Introduction: In a pivotal ruling, the Allahabad High Court delineated the contentious dispute surrounding the Gyanvapi Complex, emphasizing that the Varanasi Civil Court would ascertain its religious character based on evidences presented by both factions. The judgment dissected the legality of civil suits seeking worship rights within the Gyanvapi Complex, opining that such cases weren’t […]

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20/12/2023, 2 years ago

Supreme Court Defines Insolvency Proceedings Boundaries in Property Auctions  

Introduction: The Supreme Court, in a recent ruling, delineated the intricacies of property auctions concerning insolvent entities under the Insolvency and Bankruptcy Code, 2016 (IBC). The case, involving Amrit Hatcheries Pvt. Ltd. and Punjab National Bank, elucidates the legality of property sales before the declaration of a moratorium under the IBC, asserting that such assets […]

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20/12/2023, 2 years ago

Clash of Statutes: Supreme Court Resolves Jurisdiction Battle between Food Safety Laws  

Introduction: In a recent case, the Supreme Court addressed a jurisdictional clash between the Prevention of Food Adulteration Act, 1954 (PFA), and the Food Safety and Standards Act, 2006 (FSSA). The Court’s ruling clarified that in scenarios where an offense falls under both statutes, the provisions of the FSSA will prevail, resolving a legal conundrum. […]

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19/12/2023, 2 years ago

Andhra Pradesh High Court Upholds Magistrate’s Decision in Forwarding Complaint for Police Investigation  

Introduction: In a significant case before the Andhra Pradesh High Court, a quashing petition filed by an accused was dismissed as the Court upheld the Magistrate’s decision to forward a complaint to the police for thorough investigation. The case involved allegations of mismanagement and misappropriation of funds against the petitioner, a trustee of a temple. […]

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19/12/2023, 2 years ago

Deliberate Disobedience and Contempt: Delhi High Court Clarifies Standards  

Introduction: In the case of M/S KUEHNE + NAGEL PVT. LTD. v. MR. PREM SINGHEE, the Delhi High Court, represented by Justice Dharmesh Sharma, grappled with the contours of contempt, emphasizing that “wilful” disobedience excludes unintentional acts or genuine inability. The petitioner, Kuehne+ Nagel Private Limited, sought contempt action against the Managing Director of SVOGL […]

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19/12/2023, 2 years ago

Exemption from Prior Notice: Karnataka High Court Rules on Declaratory Suit Against Town Municipal Council  

Introduction: In the case of Laxman Warad & Others v Town Municipal Council (Regular Second Appeal No 3206 of 2007), the Karnataka High Court deliberated on the necessity of a prior notice under Section 284(1) of the Karnataka Municipalities Act while filing a declaratory suit against the Town Municipal Council. Justice Shivashankar Amarannavar presided over […]

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19/12/2023, 2 years ago

Balancing Liberty and National Security: Discretion in Granting Bail to Non-Indian Citizens  

Introduction: In the case of Mohamed Rifas @ Mohamed Rigbas v Union of India (Crl.A.Nos.1000,1001, 771 and 772 of 2022), the Madras High Court grappled with the delicate balance between safeguarding individual liberty and upholding legal restrictions under the UA(P) Act, 1967. A bench comprising Justice SS Sundar and Justice Sunder Mohan adjudicated appeals challenging […]

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