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Author: farhats693

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  • High Court Affirms No Indefeasible Right of Hearing for Accused Before Transfer of Investigation to CBI
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10/12/2024, 1 year ago

High Court Affirms No Indefeasible Right of Hearing for Accused Before Transfer of Investigation to CBI

Introduction: In the case NXXXX v. State of Haryana and Others, the Punjab & Haryana High Court, presided over by Justice Sumeet Goel, clarified that the accused or suspect has no indefeasible right to be heard before the High Court orders a transfer of investigation to the Central Bureau of Investigation (CBI). This ruling arose […]

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09/12/2024, 1 year ago

Court Clarifies Limits of Intermediary Liability: YouTube Cannot Be Directed to Remove Defamatory Content Without Court Order

Introduction: In a significant ruling on the role of intermediaries in managing online content, the Kerala High Court, in the case of Aneesh K. Thankachan v. Union of India, addressed whether YouTube could be compelled to remove a video alleged to be defamatory, without a court order explicitly declaring the content defamatory. The petitioner, a […]

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09/12/2024, 1 year ago

Kerala High Court Addresses Encroachments During Peaceful Protests Over Waste Management Issues

Introduction: In a suo motu plea concerning waste management in Kerala, the Kerala High Court, on December 6, 2024, addressed the issue of encroachments and illegal constructions during protests organized by waste collectors. The case, Suo Moto v. State of Kerala and Others (WP(C) 7844/2023), was heard by a division bench comprising Justices Bechu Kurian […]

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09/12/2024, 1 year ago

Promoting Social Audit: High Court Advocates for Community Engagement in Mercy Homes

Introduction: The Gwalior Bench of the Madhya Pradesh High Court, in the case Dinesh Batham v. State of Madhya Pradesh and Others (Misc. Civil Case No. 4014 of 2024), restored a writ appeal dismissed earlier for non-compliance with a conditional order. The Court proposed a unique form of community service, urging the counsel for the […]

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09/12/2024, 1 year ago

Disability Pension Cannot Be Denied Solely Due to Peace Area Posting: Delhi High Court

Introduction: The Delhi High Court, in the case Union of India & Ors. v. Colonel BK Chhimwal (Retired), dismissed a petition challenging the Armed Forces Tribunal’s (AFT) decision to grant a disability element of pension to Colonel BK Chhimwal (Respondent). The case revolved around the denial of the pension benefit based on the Respondent’s posting […]

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09/12/2024, 1 year ago

Madras High Court Upholds Fair Trial Principles in Kodanadu Heist and Murder Case

Introduction: The Kodanadu estate, owned by former Tamil Nadu Chief Minister J. Jayalalithaa, became the center of a sensational heist and murder case in 2017, involving multiple deaths under suspicious circumstances. Accused individuals Deepu and others sought permission to summon key figures, including former Tamil Nadu Chief Minister Edappadi K. Palaniswami and V.K. Sasikala, as […]

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09/12/2024, 1 year ago

Jurisdictional Challenges in Arbitration Proceedings and Section 42 of the Arbitration and Conciliation Act

Introduction: The legal dispute arose from a work agreement concerning the Patna Town Road Project, valued at ₹1,57,74,57,222, and centred on the interpretation of jurisdiction under Section 42 of the Arbitration and Conciliation Act, 1996. The State of Bihar (petitioner) challenged the jurisdiction of the Calcutta High Court, while M/s Tantia Construction Ltd. (respondent) maintained […]

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09/12/2024, 1 year ago

Bombay High Court Affirms SEBI Delisting Regulations’ Alignment with IBC in Corporate Resolution Plans

Introduction: The Bombay High Court, in a significant ruling, upheld the validity of Regulation 3(2)(b)(i) of the SEBI Delisting Regulations, 2021, which exempts delisting under an approved resolution plan under Section 31 of the Insolvency and Bankruptcy Code (IBC) from certain procedural safeguards. The case was brought by Harsh Mehta, who challenged the regulation’s vires […]

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09/12/2024, 1 year ago

High Court Upholds Preventive Detention for Public Order Threats in Bovine Smuggling Case

Introduction: The High Court of Jammu Kashmir and Ladakh addressed the complex interplay between law, public order, and individual liberties in a habeas corpus petition challenging a preventive detention order under the J&K Public Safety Act, 1978. The case revolved around Shakeel Mohd, a resident of Jammu, accused of habitual bovine smuggling and violent offences, […]

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