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The Legal Affair

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The Legal Affair

Let's talk Law

Author: farhats693

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  • Bombay High Court Clarifies Definition of Domestic Relationship in Domestic Violence Case
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16/02/2024, 2 years ago

Bombay High Court Clarifies Definition of Domestic Relationship in Domestic Violence Case

Introduction: In a recent verdict, the Bombay High Court delved into the intricacies of the definition of a domestic relationship under the Protection of Women from Domestic Violence Act, 2005. Justice Sharmila U Deshmukh quashed a domestic violence case against a married sister-in-law, emphasizing that mere frequent visits to the complainant’s shared household without permanency […]

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16/02/2024, 2 years ago

Allahabad High Court Asserts Quid Pro Quo Principle in Refunding Counselling Fees

Introduction: In a recent judgment, the Allahabad High Court addressed a crucial aspect of student admissions, asserting that fees deposited by a student at the time of counselling serve as quid pro quo for the education provided by the institution. Justice Manish Mathur directed a college to refund the counselling fee to a student who, […]

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16/02/2024, 2 years ago

Rajasthan High Court Directs Ex-Gratia Payment for COVID-19 Victim’s Family

Introduction: This week, the Rajasthan High Court delivered a significant judgment directing Jodhpur Vidyut Vitran Nigam Ltd to disburse a substantial ex-gratia amount of Rs 70 Lakhs to the wife of an executive engineer who tragically succumbed to Covid-19 while diligently working on duty during the pandemic. The court underscored the essential role played by […]

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16/02/2024, 2 years ago

Karnataka High Court Clarifies Jurisdictional Challenges in Civil Suits

Introduction: In a recent ruling, the Karnataka High Court addressed the question of whether an application under Order 7 Rule 10 (Return of plaint) of the Civil Procedure Code (CPC) could be maintained by the defendant. The case involved a suit filed by Rashmi Khatawakar and her husband Ramesh, who sought the return of the […]

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16/02/2024, 2 years ago

Supreme Court Clarifies Limitations on Suits for Declaration of Title

Introduction: In a recent ruling, the Supreme Court addressed the issue of whether a suit for the mere declaration of title, without seeking recovery of possession, is maintainable under Section 34 of the Specific Relief Act of 1963. The Division Bench of Justices Hrishikesh Roy and Sanjay Karol examined the proviso within the Act, highlighting […]

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16/02/2024, 2 years ago

Unveiling the Legal Battle: Demolition of Banbhoolpura Mosque and Madrasa

Introduction: In a recent legal saga, the Uttarakhand High Court has issued a notice to the State Government regarding the demolition of a Mosque and Madrasa in Banbhoolpura, triggering a violent clash and leaving six dead. Safia Malik, the petitioner, sought relief from the demolitions, claiming historical land rights. Senior Advocate Salman Khurshid argued for […]

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16/02/2024, 2 years ago

Alleged Scam Involving Axis Bank: Dr. Subramanian Swamy’s PIL before Delhi High Court

Introduction: Dr. Subramanian Swamy, a BJP leader, has initiated a public interest litigation (PIL) before the Delhi High Court, alleging a scam worth Rs. 5100 crores involving Axis Bank’s transactions in shares of Max Life Insurance. The plea was brought before Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora. Arguments of Both Sides: […]

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16/02/2024, 2 years ago

Jurisdiction of Article 226 Writs for Execution of Civil Decrees: A Case Analysis

Introduction: In a recent case before the Kerala High Court, a petitioner sought the fixation of survey marks on disputed property boundaries through a writ petition under Article 226 of the Constitution. However, the court, led by Justice Viju Abraham, dismissed the petition, emphasizing the availability of an alternative remedy under Order XXI of the […]

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16/02/2024, 2 years ago

Challenging the Constitutional Validity of Anti-Profiteering Provisions under the CGST Act: A Case Analysis

Introduction: In the case of M/S Excel Rasayan Private Limited v. Union of India & Ors., the petitioner, Excel Rasayan, has approached the Supreme Court challenging the constitutional validity of anti-profiteering provisions under the Central Goods and Services Tax (CGST) Act, as upheld by the Delhi High Court. The provisions in question, Section 171 and […]

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