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Delhi High Court: Can’t Use Senior Citizens Act For Purposes of Property Dispute - 23.02.2024

Delhi High Court has held that the purpose behind enacting Senior Citizens Act, 2007 was to protect the senior citizens from exploitation and not for settling property disputes.

Tags : Delhi High Court Senior Citizens Act Property Dispute

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SC: Deemed Income of Homemaker Can’t Be Less Than Daily Wages Prescribed Under Minimum Wages Act - 23.02.2024

Supreme Court while granting compensation of Rs. 6 Lakh for the death of a woman, has held that the deceased was a homemaker, her direct and indirect monthly income could not be less than the wages admissible to a daily wager in the State of Uttarakhand under the Minimum Wages Act.

Tags : Supreme Court Minimum Wages Act Compensation

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Supreme Court: Suit of Injunction Not Maintainable if Plaintiff Fails to Prove Title Over Property - 23.02.2024

Supreme Court has held that suit of injunction by plaintiff may not be maintainable against defendant if the plaintiff fails to prove title of the property.

Tags : Supreme Court Suit of Injunction Title

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Calcutta High Court: Court Not Merely Obligated to Appoint Arbitrator u/s 11(6) of A&C Act - 23.02.2024

Calcutta High Court has held that Court under Section 11(6) of Arbitration and Conciliation Act is not merely obligated to appoint an arbitrator but can also decide the arbitrability of a dispute by a prima facie analysis.

Tags : Calcutta High Court Section 11(6) of A&C Act Appointment

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SC: Delay in Filing Appeal Challenging Acquittal u/s 378 CrPC Can Be Condoned u/s 5 Limitation Act - 22.02.2024

Supreme Court has held that the delay occurring in filing an appeal against acquittal of accused under Section 378 of Code of Criminal Procedure, 1973 can be condoned under Section 5 of the Limitation Act, 1963.

Tags : Supreme Court Section 378 of CrPC Section 5 of Limitation Act

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Del. HC: Can’t Invoke Bar Given u/s 37 of NDPS Where Evidence Against Accused Appears Unbelievable - 22.02.2024

Delhi High Court has held that bar related to bail provided under Section 37 of Narcotic Drugs and Psychotropic Substances Act (NDPS) cannot be invoked in cases where evidence against accused does not appear to be believable and evidence does not seem to be sufficient for conviction.

Tags : Delhi High Court Section 37 of NDPS

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SC: No Power on Supreme Court to Exercise Superintendence Over High Courts - 22.02.2024

Supreme Court while refusing to direct High Court to decide a criminal matter expedetiously, has observed that there is no provision in Chapter-IV under Part-V of the Constitution of India confers power of superintendence on the Supreme Court over the High Courts.

Tags : Supreme Court High Courts Part-V of COI

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SC: Courts Should Aim at Restituting Affected Person Alongwith Setting Aside Arbitrary Admin. Action - 22.02.2024

Supreme Court has stated that the primary duty of constitutional courts remains the control of power, including setting aside of administrative actions that may be illegal or arbitrary but, it is equally incumbent upon the courts to take reasonable measures to restitute the injured.

Tags : Supreme Court Administrative Actions Control of Power

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SC: Circumstantial Evidence Has to Be Supported With Other Evidence in Order to Make it Strong - 22.02.2024

Supreme Court has observed that for proving a case on the basis of circumstantial evidence it must be established that the chain of circumstances is complete and that the chain of circumstances is consistent with the only conclusion of guilt.

Tags : Supreme Court Circumstantial Evidence

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Bom. HC: Candidates Converting to EWS After Striking Down of SEBC Act Ineligible For Age Relaxation - 21.02.2024

Bom. HC held that Maratha Judicial Services candidates initially applying under Socially and Educationally Backward Classes Act, 2018 (SEBC) & converted to Economically Weaker Section (EWS) after act being struck down by SC won’t be eligible for age relaxation granted to backward-class candidates.

Tags : Bombay High Court Maratha Judicial Services Economically Weaker Section Age Relaxation

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