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The Legal Affair

Let's talk Law

Author: farhats693

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  • Fraud at Entry Cannot Be Cured by Long Service: Calcutta High Court Upholds Dismissal of BSF Constable for Forged Educational Qualification
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03/04/2026, 3 months ago

Fraud at Entry Cannot Be Cured by Long Service: Calcutta High Court Upholds Dismissal of BSF Constable for Forged Educational Qualification

Introduction: The case of Santosh Sardar v. Union of India & Ors. (WPA 25583 of 2022) before the Calcutta High Court raises a significant issue concerning the legality of public employment obtained through fraudulent means and whether long years of service can mitigate such foundational illegality. The judgment, delivered by Justice Amrita Sinha, underscores a […]

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03/04/2026, 3 months ago

Delhi High Court Orders Immediate Takedown of Obscene Song Volume 1, Holds Vulgar Content Cannot Be Shielded Under Free Speech

Introduction: The case of Hindu Shakti Dal & Anr. v. Union of India & Ors. came before the Delhi High Court in a petition raising serious concerns about obscenity, misogyny, and the limits of artistic freedom in the digital age. The matter revolved around a controversial song titled “Volume 1,” allegedly performed by popular singers […]

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03/04/2026, 3 months ago

Appeal Does Not Bar Remedy Under Order IX Rule 13 CPC: Supreme Court Affirms Independent and Wider Right to Set Aside Ex-Parte Decrees

Introduction: The case of Deepesh Maheswari and Another v. Renu Maheswari and Others (2026 LiveLaw (SC) 317) presents an important clarification by the Supreme Court on the interplay between appellate remedies under Section 96 of the Code of Civil Procedure, 1908 (CPC) and the remedy for setting aside an ex-parte decree under Order IX Rule […]

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03/04/2026, 3 months ago

Incomplete Auction Sale Under SARFAESI Cannot Defeat Borrower’s Right of Redemption: Supreme Court Reinforces Mandatory Compliance with Rule 9(4)

Introduction: The present case, E. Muthurathinasabathy & Ors. v. M/s. Sri International & Ors., decided by the Supreme Court in 2026, deals with a crucial question under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002—whether an auction sale can attain finality when the auction purchaser fails to deposit […]

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02/04/2026, 3 months ago

“Marriage Needs Patience, Not Litigation”: Madras High Court Refuses Divorce, Says Everyday Marital Disputes Do Not Amount to Cruelty

Introduction: In R v P (2026 LiveLaw (Mad) 137), the Madras High Court delivered a significant ruling reaffirming a foundational principle of matrimonial law—that ordinary wear and tear of marital life cannot be elevated to the level of legal cruelty to justify dissolution of marriage. The Division Bench comprising Justice Anand Venkatesh and Justice P. […]

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02/04/2026, 3 months ago

Delhi High Court Upholds MHA’s Authority to Initiate Disciplinary Action Against AGMUT IAS Officers, Overturns Tribunal’s View

Introduction: In Union of India & Ors v. Padma Jaiswal IAS (AGMUT:2003) & Other Connected Matters, the Delhi High Court delivered a significant ruling clarifying the scope of disciplinary authority over members of the AGMUT (Arunachal Pradesh, Goa, Mizoram and Union Territories) cadre of the Indian Administrative Service. The Division Bench comprising Justice Anil Kshetarpal […]

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02/04/2026, 3 months ago

Namaz in Private Property Case: Allahabad High Court Balances Religious Freedom with Public Order, Restricts Large Gatherings and Withdraws Security

Introduction: In Tarik Khan vs. State of U.P. and 2 Others (2026 LiveLaw (AB) 164), the Allahabad High Court was called upon to adjudicate a sensitive issue lying at the intersection of religious freedom, individual rights, and public order. The case gained prominence after a Muslim man, Haseen Khan, alleged that he was being prevented […]

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02/04/2026, 3 months ago

Passenger Safety Over Profit: Madhya Pradesh High Court Cracks Down on Non-Compliant Buses, Orders Strict Enforcement Within 45 Days

Introduction: In Ram Milan Rai v. Regional Transport Authority (MP-5921-2025), the Madhya Pradesh High Court delivered a significant ruling underscoring the primacy of passenger safety over commercial convenience in public transport operations. The case arose from a dispute concerning the cancellation of a stage carriage permit granted to the petitioner, Ram Milan Rai, which had […]

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02/04/2026, 3 months ago

Supreme Court Bars Fresh Arbitration After Abandonment, Calls It Abuse of Process

Introduction: The Supreme Court of India, in Rajiv Gaddh v. Subodh Parkash (2026 LiveLaw (SC) 310), delivered a significant ruling reinforcing the sanctity of procedural discipline in arbitration proceedings. The Bench comprising Justice P.S. Narasimha and Justice Alok Aradhe held that a party who abandons an earlier arbitration proceeding cannot subsequently initiate a fresh arbitration […]

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