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IMPORTANT POINTS
(1) Mere contravention of law such as indulging in cheating or criminal breach of trust certainly affects ‘law and order’ but before it can be said to affect ‘public order’, it must affect the community or public at large.
(2) Preventive detention must fall within four corners of Article 21 read with Article 22 and statute in question.
,02 Aug 2021
Supreme Court of India
IMPORTANT POINT
An entity which is misusing status conferred upon it by Statute is not entitled to retain and enjoy such status.
,02 Aug 2021
Supreme Court of India
IMPORTANT POINT
Full Court of High Court is not bound by opinion of Administrative Committee of Judges of High Court.
,02 Aug 2021
Supreme Court of India
IMPORTANT POINT
Judicial Restraint – While it is of fundamental importance in realm of administration of justice to allow Judges to discharge their functions freely and fearlessly and without interference by anyone, it is equally important for Judges to be exercising restraint and avoid unnecessary remarks on conduct of Counsel which may have no bearing on adjudication of dispute before Court.
,02 Aug 2021
Supreme Court of India
Offence of voluntarily causing hurt - Grant of Bail - Petitioner is in custody for last 18 months. In view of present pandemic it is unlikely that trial will commence in near future. Keeping all these facts in mind, Court is inclined to grant bail to petitioner.
,02 Aug 2021
Delhi High Court
Intellectual Property - Infringement of Indian Patent - Guidelines of Patent Office, as also manual of Patent Office, are relied upon to argue that whenever there is an improvement of a product or process, prior art and invention in new patent, is distinguished very clearly and separated by use of word “characterized by” or “wherein.”
,02 Aug 2021
Delhi High Court
Post of Assistant Professor - Qualification - There was no such material before Screening Committee which would have necessitated it to come to conclusion that the M. Sc. degree of Petitioner is not recognized.
,02 Aug 2021
J&K High Court
Civil Law - Possession - A party laying his claim on basis of adverse possession in some property has to prove as to date, time and manner in which possession is converted into open, hostile and adverse possession.
,02 Aug 2021
Allahabad High Court
Suit for recovery of amount - Limitation - Trial Court was right in observing that defence taken was not moonshine and disclosed triable issues which required inquiry. Leave to defend had to be granted in light of these varying stands taken by petitioner/ plaintiff in different proceedings.
,30 Jul 2021
Delhi High Court
Criminal Conspiracy and Cheating - Bail dismissed - Once Parliament steps in and cures defect pointed out by a Constitutional Court, defect appears to be cured and presumption of constitutionality is to apply to such provision.
,30 Jul 2021
Delhi High Court
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