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Summary: The case arose from a recruitment exam for a single post of Law Officer in the Municipal Corporation, Chandigarh, where Question 73 asked which Schedule of the Constitution is immune from judicial review for violation…

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Orissa Panchayat Samiti Act, 1959 - Sections 44-E and 44-J - Sections 44-E permits the election petitioner to claim relief not only for having the election of the returned candidate declared invalid, but also for declaring the…

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Indian Contract Act, 1872 - Section 126 -128,137-141 - A contract of guarantee is an undertaking to perform the promise or discharge the liability of a third person, in case of his default. It is essentially a voluntary act of…

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Note: No legal aspects discussed in this order







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Case name: Union of India v. Prakash Industries Limited and Another…

"State cannot rely on arbitrary medical disability percentages to create an insurmountable barrier to professional entry. "

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Summary: Contractual toll‑plaza employees from Madhya Pradesh were arrested in Barabanki, Uttar Pradesh, after a scuffle with an advocate who allegedly refused to pay toll, and they remained in custody for over two months amid…

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Code of Criminal Procedure 1973 - Section 222 - The expression “minor offence” found in Section 222 is not defined under the Code, it can be discerned from the context which is not merely that the prescribed punishment is less…

"The consent demolishes the case of the complainant that there was rape on the promise of marriage. "

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SAIL Gratuity Rules, 1978 - Policy under O&M/Procedure/789 dated 26.03.2009 - he amount ultimately payable to the ExEmployee upon vacation of the allotted staff quarter shall be computed after adjusting the penal rent accrued for…

"Dishonour of a postdated cheque by itself is not sufficient to presume existence of a dishonest intention on part of its drawer."

"In frivolous or vexatious proceedings, the Court owes a duty to look into many other attending circumstances emerging from the record of the case, over and above the averments and, if need be, with due care and circumspection, and try to read in between…

"When a person ceases to be a member of the Scheduled Caste on his conversion to Christianity, he cannot be a person aggrieved under the SC/ST Act."

"Set-off would mitigate against the pari passu principle which is apparent from IBC scheme.."

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Code of Civil Procedure 1908 - Section 11 - Res Judicata - Dismissal of a suit for default, not being a decision on merits, cannot ordinarily be regarded as a final adjudication so as to attract the strict application of the principle…

"overturning of the principle of law cannot sustain even a formal review of the original decision once the same has attained finality."

A company cannot directly or indirectly give a loan to its director without passing a special resolution in a general meeting or unless the funds correlate to the principal business activities of the company.

One cannot assume that all house-hold related work falls to the woman, whereas it is only the male who is tasked with bread winning.

"Discrimination against the girl child and by extension women is still prevalent in several parts of the country. "

Even though the weapons of offence were lathis, which in the abstract may not always be characterised as a deadly weapon, their lethality depends upon the manner of use, the part of the body targeted, and the force employed

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Code of Criminal Procedure 1973 - Section 482 - Ordinarily, an issue of tampering/ interpolation in a document being a question of fact is to be determined in a trial based on evidence led therein and, therefore, courts must be…

Where reliable and unimpeachable material demonstrably displaces the factual basis of the accusations and the prosecution is unable to effectively counter the same, the Court would be justified in invoking its inherent jurisdiction to prevent injustice.