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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 Bans Mentioning Caste or Religion in Legal Petitions
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30/01/2024, 2 years ago

Supreme Court Bans Mentioning Caste or Religion in Legal Petitions

Introduction: In a landmark move, the Supreme Court has issued a general order prohibiting the mention of caste or religion in the memo of parties of any petition or proceeding filed before the courts. The directive, given by a Bench comprising Justices Hima Kohli and Ahsanuddin Amanullah, aims to put an end to the practice […]

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30/01/2024, 2 years ago

Telangana High Court Suspends Fine on Medical Students for Failing Compulsory Resident Specialist Posting

Introduction: The Telangana High Court has issued an interim order partially suspending a notification imposing a hefty fine of INR 50,00,000 on postgraduate super specialty medical students who failed to report for Compulsory Resident Specialist Posting. The directive came in response to a plea by 23 postgraduate students challenging the Government Order mandating compulsory service […]

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30/01/2024, 2 years ago

Patna High Court Halts Proceedings Against Former CMs Lalu Prasad Yadav and Rabri Devi

Introduction: The Patna High Court has intervened to stay further proceedings against former Chief Ministers of Bihar, Lalu Prasad Yadav and Rabri Devi. The charges, arising from the 2010 Assembly Elections, accused the duo of violating the Model Code of Conduct by taking security guards inside a polling booth. The petitioners filed a quashing application […]

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30/01/2024, 2 years ago

Kerala High Court Debates Tobacco Scenes in Films: Balancing Act Between Artistic Freedom and Health Advocacy

Introduction: The Kerala High Court recently heard a plea filed by NGO Kerala Voluntary Health Services, raising concerns about the display of tobacco smoking scenes in films and tele-serials. The petitioner argued that such depictions contravene the Cigarettes and Other Tobacco Products Act, 2003, as they indirectly promote tobacco products and impact public behavior, particularly […]

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30/01/2024, 2 years ago

Bombay High Court Denies Bail in POCSO Case: Expanding Definition of Penetrative Sexual Assault

Introduction: In a significant ruling, the Bombay High Court denied bail to a man accused of sexually assaulting his nieces, emphasizing that even the slightest touch with sexual intent constitutes penetrative sexual assault on a minor under Section 4 of the Protection of Children from Sexual Offences Act (POCSO). Justice Prithviraj Chavan interpreted the phrases […]

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30/01/2024, 2 years ago

Supreme Court Upholds Criteria for Identifying Private ‘Forests’ in Goa: No Modification Needed

Introduction: In a recent decision, the Supreme Court addressed appeals seeking modifications to the criteria for identifying private forests in the State of Goa. A three-Judge Bench, comprising Justices BR Gavai, Aravind Kumar, and Prashant Kumar Mishra, ruled that the existing criteria, involving forest tree composition, contiguous forest land, a minimum area of 5 hectares, […]

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30/01/2024, 2 years ago

Karnataka High Court Decides on Contributory Negligence in Two-Wheeler Accident: Claimant Liable for 20%

Introduction: In a recent ruling, the Karnataka High Court clarified the legal stance on the liability of an extra passenger in a two-wheeler accident. Justice Hanchate Sanjeev Kumar, while addressing an appeal from the Motor Accident Claims Tribunal, emphasized that an additional passenger on a motorcycle can be deemed to have contributory negligence if involved […]

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30/01/2024, 2 years ago

Supreme Court Grapples with Unusual Developments in Calcutta High Court: A Case of Defied Stay Order on CBI Investigation

Introduction: In a significant legal development, a 5-judge bench of the Supreme Court has taken charge of a case originating from the Calcutta High Court. The case involves a single bench’s defiance of a stay order by a division bench regarding a CBI investigation into alleged irregularities in medical admissions in West Bengal. The Supreme […]

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29/01/2024, 2 years ago

Rajasthan HC Imposes Cost in Frivolous PIL Against Deputy Chief Ministers’ Swearing-in

Introduction: The Rajasthan High Court, in response to a Public Interest Litigation (PIL) challenging the swearing-in of Deputy Chief Ministers Diya Kumari and Prem Chand Bairwa, has imposed a cost of Rs 25,000 on the petitioner, Om Prakash Solanki. The court deemed the petition frivolous, emphasizing its lack of merit and the petitioner’s failure to […]

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