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The Legal Affair

Let's talk Law

Author: farhats693

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  • Delhi High Court Rules Against Mandatory Notice to Complainant in Criminal Cases: Upholds Statutory Mechanisms
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13/02/2024, 2 years ago

Delhi High Court Rules Against Mandatory Notice to Complainant in Criminal Cases: Upholds Statutory Mechanisms

Introduction: The Delhi High Court recently addressed a Public Interest Litigation (PIL) filed by lawyer Vivek Kumar Gaurav, advocating for mandatory notice to complainants or victims in criminal cases at the pre-trial stage. The division bench, comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora, deliberated on the implications of such a directive, […]

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13/02/2024, 2 years ago

Calcutta High Court Addresses Concerns of Female Prisoners’ Pregnancy in Custody: Proposes Entry Restriction for Male Staff

Introduction: A significant plea has been presented before the Calcutta High Court by the amicus curiae of all prisons in West Bengal, highlighting instances of female prisoners becoming pregnant while in custody. The plea advocates for the prohibition of male correctional home staff from entering the enclosures of female prisoners, citing a rising number of […]

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13/02/2024, 2 years ago

Madhya Pradesh High Court Upholds Individual’s Right to Organ Donation Despite Spousal Objection

Introduction: In a groundbreaking decision, the Madhya Pradesh High Court has affirmed an individual’s right to donate a part of their liver tissue to ailing family members, even when faced with strong objections from their spouse. Justice Raj Mohan Singh emphasized the donor’s autonomy, stating that the individual is the “master of his own choice” […]

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13/02/2024, 2 years ago

Calcutta High Court Rules Against Salary Enhancement for Overqualified Teachers

Introduction: In a significant 187-page order, a larger bench of the Calcutta High Court, comprising Justices Harish Tandon, Soumen Sen, and Kaushik Chanda, addressed the issue of teachers seeking salary re-fixation due to higher educational qualifications during their employment. The ruling states that teachers in West Bengal cannot claim salary enhancement for overqualification without specific […]

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13/02/2024, 2 years ago

Madras High Court Upholds Criminal Proceedings Against Political Leader for Communal Remarks

Introduction: The Madras High Court recently declined to quash criminal proceedings against a prominent political figure, K Annamalai, for allegedly making communal remarks against a Christian Missionary NGO. In an interview, Annamalai had claimed the NGO approached the Supreme Court seeking a firecracker ban, turning an environmental petition into a source of communal tension. Justice […]

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13/02/2024, 2 years ago

Karnataka High Court Addresses ‘Malicious Parent Syndrome’ in POCSO Case: Protecting Children Amidst Custody Battles

Introduction: The Karnataka High Court recently voiced concern over the rising phenomenon of ‘malicious parent syndrome,’ where one parent seeks to harm the other by manipulating child custody, restricting visitation, and deceiving the child. Justice M Nagaprasanna expressed worry about the detrimental impact on the child’s psyche and urged parents to reflect before making allegations. […]

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13/02/2024, 2 years ago

Calcutta High Court Takes Stern Stand on Tree Cutting During Durga Puja: Imposes Remedial Measures

Introduction: The Calcutta High Court recently rebuked a Durga Puja Mandal for unauthorized tree cutting to facilitate the construction of temporary structures and light posts during last year’s festivities. Chief Justice TS Sivagnanam and Justice Supratim Bhattacharya directed the Mandal to plant 50 saplings at their own cost in Salt Lake, Kolkata, as a remedial […]

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13/02/2024, 2 years ago

Supreme Court Sets Stringent Precedent for Bail under UAPA: A Deep Dive into the Landmark Judgment

Introduction: In a recent ruling, the Supreme Court delivered a significant judgment on bail applications under the Unlawful Activities (Prevention) Act, 1967 (UAPA). The case involved a man charged with promoting the Khalistani terror movement. The bench, comprising Justices MM Sundresh and Aravind Kumar, emphasized the exceptional nature of bail under UAPA, asserting that “jail […]

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13/02/2024, 2 years ago

Supreme Court Critiques National Green Tribunal’s Unilateral Ex Parte Orders

Introduction: The Supreme Court recently expressed dissatisfaction with the National Green Tribunal’s (NGT) tendency to issue unilateral ex parte orders and levy significant damages. The judgment, authored by Justice PS Narasimha, criticized this practice as having unfortunately become a prevailing norm. The Court emphasized the need for procedural integrity and balance between justice and due […]

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