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Author: farhats693

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  • POCSO Act Prevails Over SC/ST Act in Case of Conflict: Punjab & Haryana High Court
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16/12/2024, 1 year ago

POCSO Act Prevails Over SC/ST Act in Case of Conflict: Punjab & Haryana High Court

Introduction: The Punjab & Haryana High Court, in the case XXXX v. State of Haryana, reaffirmed that when there is a conflict between the provisions of the Protection of Children from Sexual Offences (POCSO) Act and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the provisions of the POCSO Act will prevail, […]

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16/12/2024, 1 year ago

Supreme Court Clarifies Grounds for Setting Aside Confirmed Sales Under SARFAESI Act

Introduction: The Supreme Court of India, in the case Celir LLP v. Ms Sumati Prasad Bafna & Others (2024 LiveLaw SC 991), addressed the circumstances under which a property sale confirmed under the SARFAESI Act can be set aside. The bench, comprising Justices J.B. Pardiwala and Manoj Misra, emphasized that procedural irregularities or minor deviations […]

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16/12/2024, 1 year ago

Supreme Court Explains Henderson Doctrine and Constructive Res Judicata in Contempt Case Involving Auction Sale

Introduction: In the case, CELIR LLP v. Sumati Prasad Bafna & Others (2024 LiveLaw SC 991), the Supreme Court of India revisited the Henderson doctrine, a principle first propounded in the 1843 English case of Henderson v. Henderson and a natural corollary to the Indian doctrine of constructive res judicata codified under Explanation IV of […]

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14/12/2024, 1 year ago

Karnataka High Court Grants Bail in Actor Darshan Murder Case Involving Actor and Co-accused

Introduction: In a significant development, the Karnataka High Court on December 13, 2024, granted bail to actor Darshan, Pavitra Gowda, and other co-accused involved in the Renukaswamy murder case. The case, which has garnered public attention due to its high-profile nature, revolves around a conspiracy that led to the alleged abduction and murder of Renukaswamy, […]

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14/12/2024, 1 year ago

Bombay High Court Criticizes Maharashtra Government for Inaction on Illegal Hawkers, Calls for Immediate Enforcement

Introduction: In a scathing critique of the Maharashtra government’s failure to curb the menace of illegal hawkers, the Bombay High Court, in a suo motu Public Interest Litigation (PIL), directed the state to clarify whether it would comply with the court’s earlier orders to remove hawkers or allow people to take the law into their […]

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14/12/2024, 1 year ago

Rajasthan High Court Quashes FIR in Family Dispute, Criticizes Mechanical Approach Under Section 175(3) BNSS

Introduction: In the case of Gordhan Lal Soni & Ors. v. State of Rajasthan & Anr., the Rajasthan High Court quashed an FIR registered against a family in a dispute over money and jewellery, emphasizing the importance of judicial discretion and the careful application of mind before directing police investigations in family matters. The Court […]

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14/12/2024, 1 year ago

Jharkhand High Court Stays Implementation of Local Employment Mandate in Private Sector, Citing Constitutional Concerns

Introduction: The Jharkhand High Court, in a significant interim order, has stayed the implementation of the Jharkhand State Employment of Local Candidates in Private Sector Act, 2021, which mandates 75% reservation for local candidates in private sector jobs offering monthly salaries up to ₹40,000. This stay was granted while hearing a writ petition filed by […]

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14/12/2024, 1 year ago

Bombay High Court Confirms Jurisdiction to Examine Interlocutory Orders in Arbitration Disputes Under Article 226/227

Introduction: In the case of Shri Guru Gobind Singhji Institute of Engineering and Technology v. M/s. Kay Vee Enterprises (WRIT PETITION NO. 9868 / 2024), the Bombay High Court deliberated on the scope of judicial review under Article 226/227 of the Constitution concerning interlocutory orders passed by an arbitrator. The petitioner, a prestigious engineering institute, […]

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14/12/2024, 1 year ago

High Court Quashes FIR in Matrimonial Dispute, Citing Retaliation and Lack of Evidence

Introduction: In a significant judgment, the Indore Bench of the Madhya Pradesh High Court quashed an FIR filed by a wife against her husband and his family members alleging dowry harassment, rape, and other criminal offences. The case, Aman & Others Versus The State of Madhya Pradesh & Others, involved serious accusations under Sections 498A, […]

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