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SC: Grant of Ex Post Facto Environmental Clearance Permissible in Exceptional Circumstances - 23.09.2022

Supreme Court has held that grant of ex post facto environmental clearance in exceptional cases is not impermissible, and such approvals cannot be declined with pedantic rigidity, regardless of the consequences of stopping the operations.

Tags : Supreme Court Ex Post Facto Clearance Exceptional Circumstances

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SC: Force/Compulsion Must be Established to Attract Offence Under Bonded Labour System Act - 23.09.2022

Supreme Court has held that for attracting the provision of Section 16 of the Bonded Labour System (Abolition) Act, 1976, the prosecution must establish beyond reasonable doubt that an accused has forced and compelled the victim to render bonded labour.

Tags : Supreme Court Bonded Labour Force/Compelled

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Ker. HC: Media Transgressed the Limits of Fairness, Reasonableness, and Rationality - 23.09.2022

Kerala High Court while dismissing petition filed by survivor of sexual assault to transfer case from Principal Session Court, has criticized media for creating an air of distrust brought through trial conducted in studios, and has transgressed limits of fairness, reasonableness and rationality.

Tags : Kerala High Court Sexual Assault Media

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SC: High Courts Shouldn’t Writ Petitions Filed Bypassing Statutory Alternative Remedies - 23.09.2022

Supreme Court has held that High Courts should refrain from excercising writ jurisdiction where there is an alternate remedy available. When there is an alternate remedy available, judicial prudence demands that the court refrains from exercising its jurisdiction under constitutional provisions.

Tags : Supreme Court Writ Jurisdiction Alternative Remedy

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J&K&L HC: Mere Reinstatement Without Clean Chit in Depart Inquiry Not Ground to Quash Cr. Proceeding - 23.09.2022

Jammu and Kashmir and Ladakh High Court has held that mere reinstatement into service without a clean chit in departmental inquiry is not a ground to quash criminal proceedings emanating from the set of allegations.

Tags : Jammu and Kashmir and Ladakh High Court Reinstatement Departmental Inquiry

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SC: Pension Rules Must be Interpreted in Favour of Employee if Multiple Interpretations are Possible - 22.09.2022

Supreme Court has held that if pension rules are capable of more interpretations than one, the Courts should lean towards that interpretation which goes in favour of the employee.

Tags : Supreme Court Pension Employee

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SC: Mere Possession of Sensitive Information Not Enough for Insider Trading, Profit Motive Essential - 22.09.2022

Supreme Court has held that merely because a person was in possession of unpublished price sensitive information at the time of trading in securities, it can’t be held that transaction becomes mischief of "insider trading", unless there was an intention to take advantage of the information.

Tags : Supreme Court Insider Trading Securities

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Meghalaya HC: Interviews Mostly Guided by Nepotism in India - 22.09.2022

Meghalaya High Court while observing that favouritism and nepotism are affecting government's recruitment drives, has held that the selection process must be fair and reasonable procedure must be adopted for selection or it would fall foul of constitutional ethos.

Tags : Meghalaya High Court Selection Process Constitutional Ethos

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Bombay HC: Writ Petitions No Longer Maintainable Against Air India Owing to Airline's Privatization - 22.09.2022

Bombay High Court has held that writ petitions brought by Air India Ltd employees against the company over salaries and promotions are no longer maintainable in light of the airline's privatization, even though petitions were maintainable when they were instituted.

Tags : Bombay High Court Writ Air India Privatization

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Del HC: Mere Geographical Presence of Website Sufficient for Granting Injunction for TM Infringement - 20.09.2022

Delhi High Court has held that mere looming presence of a website in a geography and ability of the customers to access the same is sufficient while granting relief of injunction in matters pertaining to trademark (TM) infringement.

Tags : Delhi High Court Trademark Injunction

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