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The Legal Affair

Let's talk Law

The Legal Affair

Let's talk Law

Author: roshni.parwani

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  • Applicability of Domestic Violence Act on the Transgender Person who has undergone surgery to become a woman: Bombay HC
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01/04/2023, 3 years ago

Applicability of Domestic Violence Act on the Transgender Person who has undergone surgery to become a woman: Bombay HC

Reported By: Amruta Pawar The Bombay High Court in its order dated 16th March 2023 dismissed the writ petition no. 4037 of 2021 which was filed by the petitioner challenging the order of the additional sessions judge. The additional sessions judge had upheld the decision of the judicial magistrate 1st class granting the respondent maintenance […]

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01/04/2023, 3 years ago

New BCI rules can lead to loss of livelihood for Indian lawyers: SILF representation to BCI 

The very recent notification of BCI allowing the entry of foreign lawyers has been in the limelight and controversial from the day of its issuance. Following this, the Society of Indian Law Firms (SILF) has sent a representation to the Bar Council of India (BCI) highlighting its concerns with the opening up of the Indian […]

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31/03/2023, 3 years ago

PIL sought to declare Animal Kingdom as Legal Entities dismissed by Supreme Court

Due to an increase in animal cruelty cases, a PIL was filed by an Allahabad-based NGO – People’s Charioteer Organization (PCO) under article 32 of the Constitution of India. A bench comprising of CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala dismissed the Public Interest Litigation while stating that, “we find that the […]

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31/03/2023, 3 years ago

Interim and Final injunctive relief can be granted to Standard Essential Patent owner: Delhi HC

The Delhi HC in the case of INTEX TECHNOLOGIES (INDIA) LTD versus TELEFONAKTIEBOLAGET L M ERICSSON (PUBL), has observed that “One also cannot lose sight of the fact that legal regimes that do not preserve a reasonable expectation of injunctive relief against infringers in Standard Essential Patent litigations will have a counterproductive “domino effect” that […]

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31/03/2023, 3 years ago

Widow remarriage, not a ground to deny compensation under Motor Vehicles Act: Bombay HC

The Bombay High Court recently in the case of Iffco Tokio General Insurance Company vs Bhagyashri Gaikwad held that the remarriage of a widow cannot be a ground for denying her compensation under the Motor Vehicles Act and turned down the argument of the insurance company that a widow if she remarries, should be denied […]

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31/03/2023, 3 years ago

Undue delay in trial is ground for granting bail in NDPS cases: Supreme Court

A landmark and groundbreaking judgement was given in the case of Muslim v. State (NCT of Delhi) by the Apex Court. The court observed “Undue delay in the trial can be a ground to grant bail to an accused, despite the rigours of Section 37 of the Narcotic Drugs and Psychotropic Substances Act 1985. Grant […]

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31/03/2023, 3 years ago

Sedition law declared unconstitutional: Lahore High Court 

Pakistan’s Lahore High Court has struck down Section 124A of the Pakistan Penal Code, which criminalises sedition stating that it was inconsistent with the provisions of the Constitution of Pakistan as it violates Article 19 which provides for freedom of speech and expression. The law of sedition in Pakistan is quite identical with that of […]

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30/03/2023, 3 years ago

Bona-fide Employees cannot be held liable for the fraud or cheating committed by the Director: SC

Supreme Court in the case of The Chairman & Managing Director v. R. Chandramohan observed that  “If one of the Directors allegedly committed fraud or cheating, employees of the bank could not be held liable, if they had acted bona fide and followed the due procedure. Respondent-complainant having miserably failed to discharge his burden to […]

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30/03/2023, 3 years ago

Out-of-turn promotion can’t be claimed as a matter of right: Supreme Court

The Supreme Court in the case of The State Of Madhya Pradesh And Anr. Mrinal Gopal Elker[P-1] Versus Sanjay Shukla, has observed that “As per Regulation 70A, out of turn promotion can’t be claimed as a matter of right. The issue has to be considered objectively. Once the committee takes a conscious decision on consideration […]

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