Persons who pursued degrees on regular classes are only competent to become a professor
LexForti
by lexforti
4y ago
Yugashree | School of Law Sastra University, Thanjavur | 27 April 2020 M.Sakthivel vs. The State Of Tamil Nadu Summary: Petitioner studied 10th standard in the year 1991 and then he completed M.A., M.Phil in Annamalai University and the mode of education was distance. As the petitioner had a flair for the legal profession, he pursued five years L.L.B degree from 2010- 2015 in R.K.M. College, Chittoor, which is affiliated to Sri Venkateswara University, Tirupati, obtaining 53.39% marks. Then he enrolled himself as an advocate in the year 2016. The petitioner joined M.L., Degree in Labour and Ad ..read more
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Courts itself cannot question the Constitutionality of a Statute, it must be prayed specifically by the Petitioner
LexForti
by lexforti
4y ago
Asmita Kuvalekar | Government Law College, Mumbai | 27th April 2020. JOINT SECRETARY, POLITICAL DEPARTMENT, GOVERNMENT OF MEGHALAYA VS. HIGH COURT OF MEGHALAYA., (CIVIL APPEAL NO 2987 OF 2016 @ SPECIAL LEAVE PETITION (CIVIL) NO 6825 OF 2016) FACTS: The High Court of Meghalaya, under Article 226, took suo motu cognizance of the Executive’s failure to establish a State-level Human Rights Commission as envisaged by the Meghalaya Lokayukta Act, 2014 (hereinafter referred to as ‘the Act’). In doing so, it examined the provisions governing eligibility for appointment of Chairperson of the Commission ..read more
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When Medical Evidence also does not support the case the conviction and sentence can be set aside
LexForti
by lexforti
4y ago
Yugashree | School of Law Sastra University, Thanjavur | 26 April 2020 Balamurugan vs. State             To set aside the conviction judgement passed by the learned Additional District and Sessions Judge, Fast Track Court Chennai by filing a criminal appeal under section 374 of Cr.P.C. Facts and Judgement: The appellant has been convicted under sections 341 and 307 of IPC (Attempt to Murder and Wrongful Restraint).Two weeks simple imprisonment for wrongful restraint and & 7 years rigorous imprisonment for Attempt to Murder and a fine ..read more
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Can Arbitral award be automatically stayed? The tussle between section 26 and 87 of the Arbitration act, 1996
LexForti
by lexforti
4y ago
Sejal Makkad | Amity Law School, Amity University Chhattisgarh | 26th April 2020 Hindustan Construction Company v. Union of India Writ Petition (Civil) No. 1074 of 2019 November 27, 2019. Brief Facts The petitioner, Hindustan Construction Company limited, filed a writ petition as a contractor against government companies NTPC Limited, IRCON International Limited, NHPC Limited, in addition to National Highways Authority of India (“NHAI”). It was filed that the petitioner had undertaken many projects with the respondents and the cost overrun was always a matter between the parties. The ..read more
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Courts cannot usurp Speaker’s powers to disqualify legislators
LexForti
by lexforti
4y ago
Asmita Kuvalekar | Government Law College, Mumbai | 26th April 2020.  SPEAKER HARYANA VIDHAN SABHA VS. KULDEEP BISHNOI AND ORS (CIVIL APPEAL NO 7125 OF 2012 ARISING OUT OF SLP (C) NO 54 OF 3012)  FACTS OF THE CASE:  The Punjab and Haryana High Court, invoking its authority under Article 226 of the Indian Constitution, passed an order dated 20th December 2011 directing the Speaker of Haryana Vidhan Sabha to decide the matter of disqualification of 5 members of Legislative Assembly within 4 months. On the Speaker’s appeal, a division bench of the Court refused to interve ..read more
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In a mixture of solution containing narcotic as well as non-narcotic substance, the non-narcotic substance will be taken into consideration for conviction
LexForti
by lexforti
4y ago
Ashutosh Rajput | Hidayatullah National Law University | 25th April 2020 Hira Singh v. Union of India Background In the case of E. Michael Raj v. Intelligence Officer, Narcotic Control Bureau the Kerala High Court considered that, it is the whole quantity of mixture which has to be taken into consideration for imposing punishment under section 21 of Narcotic Drugs and Psychotropic Substances Act, 1985 (herein referred to as NDPS). Here in this case the appellant contended that, his conviction is contrary to law as he had only 60 grams of heroin out of 4.7 kg of mixture and only that should be ..read more
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The use of the electronic media by the investigating arm of the State to influence public opinion during the pendency of an investigation subverts the fairness of the investigation
LexForti
by lexforti
4y ago
Sonali Rajput | KLE Society Law College,Bangalore | 25th April 2020 Romila Thapar and Ors. vs. Union of India (UOI) and Ors. Writ Petition (Criminal) No. 260 of 2018 (Under Article 32 of the Constitution of India) FACTS Five illustrious persons in their own field have filed this petition on 29th August, 2018 complaining about the high-handed action of the Maharashtra Police in raiding the homes and arresting five well known human rights activists, journalists, advocates and political worker, with a view to kill independent voices differing in ideology from the party in power and to stifle the ..read more
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Reservation in Elected Office is Constitutionally Valid
LexForti
by lexforti
4y ago
Asmita Kuvalekar | Government Law College, Mumbai | 25th April 2020 DR. K. KRISHNA MURTHY AND ORS VS. UNION OF INDIA AND ANR (WRIT PETITION (CIVIL) NO 356 OF 1994 WITH W.P (C) NOS 245 OF 1995 AND 517 OF 2005)  FACTS OF THE CASE:  On the question of basic principles of democracy and equality that form part of the Basic Structure Doctrine of the Indian Constitution, the Petitioners challenged the validity of certain Constitutional provisions. They assailed Article 243-D (6), Article 243-T (6), Article 243-D (4) and Article 243-T (4) on the grounds of discrimination and violat ..read more
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