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  ‘Who decides Arbitrability?’. High Court must hold primary inquiry/review and prima facie come to conclusion on whether the dispute falls under the agreement and whether the dispute is arbitrable or not. Supreme Court.

  • 05-October-2022
  • Daksha Legal
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  Direction to give compassionate appointment after a period of 14/24 years will be against the object and purpose for which the appointment on compassionate ground is provided. Supreme Court, while reversing the High Court Judgment.

  • 03-October-2022
  • Daksha Legal
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  Can RBI issue directions to Banks to disclose customers information adversely affecting the individuals’ fundamental right to privacy? Supreme Court takes up the issue.

  • 04-October-2022
  • Daksha Legal
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  Avoid technicalities in payment of compensation to land losers. If two views are possible, the view that advances the cause of justice must be preferred. Supreme Court.

  • 06-October-2022
  • Daksha Legal
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  Offence of criminal conspiracy can be a standalone offence in certain circumstances particularly in financial transaction cases. Karnataka High Court.

  • 04-October-2022
  • Daksha Legal
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  Misquoting or non-quoting of a provision by itself will not make an order bad so long as the relevant enabling provision is in existence and it was correctly applied though without specifically mentioning it. Supreme Court.

  • 01-October-2022
  • Daksha Legal
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  Woman who becomes pregnant as a result of non-consensual sexual intercourse performed upon her by her husband has a right of abortion under the Medical Termination of Pregnancy Act 1971. Supreme Court.

  • 03-October-2022
  • Daksha Legal
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  The meaning of rape must be understood as including marital rape for the purposes of the Medical Termination of Pregnancy Act 1971 and any rules and regulations framed thereunder. Supreme Court.

  • 03-October-2022
  • Daksha Legal
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  "Transformative constitutionalism promotes and engenders societal change by ensuring that every individual is capable of enjoying the life and liberties guaranteed under the Constitution". Supreme Court.

  • 03-October-2022
  • Daksha Legal
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  Unmarried women have right to access safe and legal abortions if they face a change in their material circumstances, similar to married women. Supreme Court.

  • 03-October-2022
  • Daksha Legal
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  Issue of limitation can be framed and determined as a preliminary issue under Order XIV, Rule 2(2)(b), CPC in a case where it can be decided on admitted facts. Supreme Court.

  • 01-October-2022
  • Daksha Legal
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  Mining irregularities. Karnataka High Court upholds discharge of the accused involved in alleged illegal mining.

  • 01-October-2022
  • Daksha Legal