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09 Jul 2021

Posted by: Chanchala Khopkar (2021)

DONOGHUE VS. STEVENSON

DONOGHUE         VS. STEVENSON Negligence in layman's terms means carelessness or absence of duty of care. However, the legal meaning of the term negligence means 'absence of reasonable duty of care.' Legally, negligence is of two types i.e. civil and criminal; the differentiating factor between the two is the gravity of absence of care and mens rea. The concept of 'reasonability' of the duty of care has been laid down by the House of Lords in 1932....

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16 Nov 2020

Posted by: Kritika Singh

A CASE LAW REGARDING DIRECTIONS ON PREVENTION OF HONOUR KILLINGS

SHAKTI VAHINI vs. UNION OF INDIA [AIR (2018) SC 1601: 7 SCC 192] BENCH-  Dipak Mishra, A M Khanwilkar, D Y Chandrachud BACKGROUD OF THE CASE- The National Commission for Women authorised the petitioner, an organization to conduct a research on “Honour Killings in the areas of western U.P., Punjab and Haryana’. The organization asserted that there has been a significant increase in both the honour crimes as well as the fear among young people who are willing to marry....

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23 Oct 2020

Posted by: Kritika Singh

A case regarding admissibility of Electronic Evidence.

ARJUN PANDIT RAO KHOTKAR vs. KAILASH KUSHANRAO GORANTYAL & Ors. [civil appl no. 20825-20826 of 2017] DATE OF THE VERDICT- July 14th, 2020 BENCH- R F Nariman, S. R. Bhat, V. Ramasubhramaniam. BACKGROUND OF THE CASE- the decision was given in this amidst of conflicting decisions pronounced by the SC previously, regarding admissibility of electronic evidence. In the present case two petitions were filed against the election of the appellant to the Maharashtra legislative assembly elections.  One petition was filed....

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13 Oct 2020

Posted by: Kritika Singh

The Oleum Gas Leak Case

M.C. MEHTA & ANR. vs. SHRI RAM FOODS AND FERTILISER INDUSTRIES AND OTHERS   [AIR 1987 SC 965] - also known as ‘the Oleum Gas Leak Case’. DATE OF THE VERDICT- 17/02/1986 BENCH- P N Bhagwati, D P Madon, G L Oza BACKGROUND OF THE CASE- While the case of Bhopal gas tragedy awaited verdict of the Hon’ble SC, another gas disaster took place at Shri Ram Foods and fertiliser industries which was a subsidiary of the Delhi Textile Mills.....

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13 Sep 2020

Posted by: Ananya Mondal

“Fake or Invalid Driving Licenses are not valid Defences to Avoid Liability of Insurer”: J&K High Court

National Insurance Company Limited vs Ashwani Kumari and others Coram: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE Reserved on: 26.08.2020 Pronounced on:01.09.2020 Brief Facts of the Case The National Insurance Company Limited an appeal against the judgment and award dated 28th April 2017, whereby the claim petition filed by respondent No.1 has been allowed and the appellant has been directed to pay a sum of R.88,045- along with pendent elite and future interest @ 7.5% per annum to the claimant. Therefore, the....

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09 Sep 2020

Posted by: Kritika Singh

A case law which challenged the Constitutional validity of the 'Muslim Women (Protection of Rights on Divorce) Act, 1986

Danial Latifi & Anr. vs. Union Of India [AIR 2001 SC 3958]  DATE OF THE JUDGMENT- 28.09.2001 BENCH-   D. Raju, D P Mohapatra, G B Pattanaik, S R Babu, S V Patil BACKGROUND OF THE CASE- this case was filed to challenge the constitutional validity of the “Muslim Women (Protection of Rights on Divorce) Act, 1986” [herein after referred to as MWPRD Act], which was enacted by the Government to nullify the verdict given by the SC in ‘Mohd. Ahmed....

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01 Sep 2020

Posted by: Ananya Mondal

“Complete Prohibition of Essential Religions Practices is in Proportion to the Unprecedented Pandemic”: Allahabad High Court Refuses to Permit Muharram Processions

Details Case- PUBLIC INTEREST LITIGATION (PIL) No. - 840 of 2020 Name of the Case- Roshan Khan And 2 Others vs State Of U.P. And 4 Others With Case- PUBLIC INTEREST LITIGATION (PIL) No. - 841 of 2020 Name of the Case- Japhar Abbas vs Union Of India And 2 Others With Case- PUBLIC INTEREST LITIGATION (PIL) No. - 842 of 2020 Name of the Case- Syed Zeeshan Mehdi vs Principal Secretary And 2 Others With Case- PUBLIC INTEREST LITIGATION....

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29 Aug 2020

Posted by: Kritika Singh

A Landmark Case on Triple Talaq (Popularly known as ‘The Shah Bano Case’)

Mohd. Ahmed Khan vs. Shah Bano Begum AIR 1985 SCR (3) 844] DATE OF JUDGMENT- 23rd April, 1985. BENCH-  D A Desai, E S Venkataramiah, Rangnath Mishra, O C Reddy, Y V Chandrachud. BACKGROUND OF THE CASE- The case revolves around a long battle fought by a muslim woman, Shah Bano (appellant) against the system of triple talaq for the price of hatred by the community as well as her husband. The appellant got married to the respondent in 1932,....

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27 Aug 2020

Posted by: Ananya Mondal

An accused cannot be arrested in any case till a request for Extradition is Merited

Vinay Mittal vs Union of India & Ors. Case No.: W.P.(CRL) 562/2019 & CRL.M.A. 3920/2019 Date of Judgment: 18th August, 2020 Coram: HON'BLE MR. JUSTICE VIBHU BAKHRU Brief Facts of the Case The petitioner claims that he was an employee of one Mr Bharat Rana Chaudhary, drawing a salary of ₹25,000 to 30,000/-, and has been falsely implicated by the Central Bureau of Investigation (hereafter ‘CBI’) in various cases alleging siphoning of funds of Punjab National Bank(PNB). However, the CBI....

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26 Aug 2020

Posted by: Ananya Mondal

Delhi High Court: “Court cannot replace Government policy”

Shailendra Kumar Singh vs Government of NCT of Delhi Case No: W.P.(C) 4621/2020 Date: 28.07.2020 Coram: HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE PRATEEK JALAN Prayer of the Petitioner This petition, styled as a public interest litigation, has been preferred with the following prayers:- to issue an writ of mandamus to the respondent to remove all subsidies which are delivered at door step for people without any specific disability, liability, restriction, or condition, failing which such scheme will damage welfare....

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