• The “unequal application” of a uniform criteria, a wooden equality without regard to the inherent differences, is that Article 14 frowns upon, and forbids. – Supreme Court

    13/08/2023

    The “unequal application” of a uniform criteria, a wooden equality without regard to the inherent differences, is that Article 14 frowns upon, and forbids. – Supreme Court In this case the Court was on an enquiry as to whether the minimum qualifying marks required for sports quota that was increased to 75% is discriminatory or not. The Apex Court recognising the objective of introducing sports quota, as not to accommodate academic merit, but promotion of sports in the institut...

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  • An insurance company is expected to act in a bonafide and fair manner. Merely because the content of the findings of the surveyor is not to its liking it cannot ignore them and sweep it under the.....

    13/08/2023

    An insurance company is expected to act in a bonafide and fair manner. Merely because the content of the findings of the surveyor is not to its liking it cannot ignore them and sweep it under the carpet. –– Supreme Court An insurance company repudiated the claim, of an insured firm which undertook prawn cultivation, based on the unfounded assertion that the firm had failed to maintain and provide proper records. The Supreme Court ordered the insurance Company to pay the lowest value...

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  • [Kerala Abkari Act] Testimonies of official witnesses not to be discarded simply because independent witnesses were not examined. Correctness or authenticity to be doubted only on “any good reason”

    12/08/2023

    [Kerala Abkari Act] Simply because the person who detected the commission of the offence, is the one who filed the report or investigated, such an investigation cannot be said to be bad in law. [Kerala Abkari Act] Testimonies of official witnesses not to be discarded simply because independent witnesses were not examined. Correctness or authenticity to be doubted only on “any good reason” –– Supreme Court Sathyan v. State of Kerala Hon’ble Justice Abhay S. Oka &...

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  • Forcibly taking any property will not come under the definition of extortion. In contrast to theft, there is an element of consent, obtained by putting the victim in fear of injury. – Explains Supreme

    12/08/2023

    Forcibly taking any property will not come under the definition of extortion. In contrast to theft, there is an element of consent, obtained by putting the victim in fear of injury. – Explains Supreme Court Complaint was filed against the Petitioner on the ground that the Petitioner along with the other accused have threatened the first informant to withdraw an earlier FIR and for settling the dispute 10 lakhs has to be paid. On perusal of records the Court quashing the criminal proceedin...

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  • Latest Acts and Amendments

    12/08/2023

    Latest Acts and Amendments : The Digital Personal Data Protection Act, 2023 (No. 22 of 2023) For full textclick here The National Dental Commission Act, 2023 (No. 21 of 2023) For full textclick here The Jan Vishwas (Amendment of Provisions) Act, 2023 (No. 18 of 2023) For full textclick here The Registration of Births and Deaths (Amendment) Act, 2023 (No. 20 of 2023) For full textclick here The Offshore Areas Mineral (Development and Regulation) Amendment Act, 2023 (No. 17 of 2023) For full tex...

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