Case Comment

Municipal Corporation of Greater Mumbai Vs. Ankita Sinha and Ors.

Facts An article published on The Quint, titled “Garbage Gangs of Deonar: The Kingpins and Their Multi-Crore Trade” reported the adverse impact of mismanagement of solid waste on public health and lives of residents living around the dump yard in Mumbai. The article also highlighted the negative toll this mismanagement is taking on the overall …

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DEEPIKA SINGH VS. CENTRAL ADMINISTRATIVE TRIBUNAL AND  ORS.  

INTRODUCTION  The following case is a landmark decision by the Supreme Court of India. It addresses the  issue of maternity leave and also interprets and expands the traditional understanding of a  family under Indian law. This commentary will delve into the facts, issues raised, contentions,  rationale, defects of laws, and the court’s interference in this …

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CASE TITLE: JANHIT ABHIYAN V. UNION OF INDIA

(WRIT PETITION(CIVIL) NO. 55 OF 2019) FACTS: In this case, on January 9, 2019, the parliament of India introduced amendments to the constitutional articles 151 and 161. It incorporated articles 15(6)2 and 16(6)2 to provide reservations for the economically weaker sections (EWS) in educational institutions and job and employment opportunities. This constitutional amendment was named …

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Case Commentary – Mohammed Rahim Ali @ Abdur Rahim v. State of Assam (2024)

Facts Issues raised Contentions APPELLANT – Mohammed Rahim Ali @ Abdur Rahim The Appellant has contended that the past two rulings of the Foreigner’s Tribunal at Nalbari and the High Court at Guwahati which have declared him to be a foreigner to be arbitrary and totally perverse as there is overwhelming evidence in his submissions …

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Case: Association for democratic reforms & Anrs v. U.O.I & Ors 

Facts An application seeking stay on the sale of electoral bond under the Electoral Bond Scheme 2018. Another application seeking an interim direction to the Union of India not to open any further window for sale of electoral bonds.  The specific disclosures demanded as the scheme allowed the leaders of political parties to maintain anonymity. …

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Association For Democratics Reforms vs Union Of India (2024)

Citation: 2024 INSC 113 Bench: Hon’ble Chief Justice of India Dr. D.Y. Chandrachud, Hon’ble Justice Sanjiv Khanna, Hon’ble Justice B.R. Gavai , Hon’ble Justice J.B. Pardiwala , Hon’ble Justice Manoj Misra Facts:- The case of Association for Democratic Reforms and Another v. Union of India and others revolved around the constitutional validity of the Electoral …

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Case Comment on Mohd. Salim v. Shamsudeen, (2019) 4 SCC 130

1. Facts The case of Mohd. Salim v. Shamsudeen presents a nuanced intersection between Islamic personal law, evidentiary standards, and constitutional morality. The dispute arose over inheritance rights, with the plaintiff, Shamsudeen, claiming succession to his late father, Mohammed Ilias’ property. The fundamental question before the court was the legitimacy of a child born out …

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CASE COMMENT ON VINIT KUMAR V. CENTRAL BEREAU OF INVESTIGATION

FACTS:   Vinit Kumar was accused of bribing public officials to secure certain credit related favours. Thus, he was under investigation of the Central Bureau of Investigation under the Ministry of Home affairs. The CBI filed a FIR in June 2023 and began with a criminal investigation into the same matter.  Under the Indian Telegraph Act, …

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Delhi Airport Metro Express Pvt. Ltd. vs Delhi Metro Rail Corporation Ltd

Introduction The case of Delhi Airport Metro Express Pvt. Ltd. vs Delhi Metro Rail Corporation Ltd. is a landmark judgment concerning contractual disputes and arbitration in public-private partnerships. The case primarily deals with the interpretation of contractual terms, the role of arbitration in resolving commercial disputes, and the scope of judicial intervention in arbitral awards. …

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Alternate Dispute Resolution vs. Traditional Litigation: Comparative Analysis

Dispute resolution is an important element of any judicial system, promoting justice and fairness to warring parties. The comparative analysis of Alternate Dispute Resolution (ADR) and traditional litigation is the focus of this paper, which examines their effectiveness, cost, procedural complexity, confidentiality, and enforceability. Although litigation is the pillar of judicial dispute resolution, it has …

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State of Uttar Pradesh v. M/S. Lalta Prasad Vaish and Sons (2024)

Facts: – The case revolves around UTTAR Pradesh authority to regulate industrial alcohol and store license fees for its production and distribution. The dispute stems from the constitutional division of powers between trade unions and state governments regarding alcohol regulation. Background Introduction of license fees (1999): UTTAR Pradesh has imposed a license fee for specially …

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CASE COMMENT Case: Supriyo @ Supriya Chakraborty & Anr. Vs Union of India

Citation: Writ petition (civil) No. 1011 of 2022 Court: Supreme Court Date of Judgement: October 17, 2023 Petitioners: Supriyo @ Supriya Chakraborty and Anr. Respondent: Union of India Bench: CJI D.Y Chandrachud, J.S.K Kaul, J. Ravindra Bhat, J. Hima Kohli and J.P.S Narasimha. FACTS A big consequential case was filed by two same sex couple, …

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CASE COMMENTARY: SHAH FAESAL VS UNION OF INDIA ON 2 MARCH, 2020

FACTS OF THE CASE ISSUES RAISED BEFORE THE COURT CONTENTIONS Arguments from the Petitioner’s Side: Arguments from the Respondent’s Side RATIONALE The High Court of Jammu and Kashmir, where the case was originally tried, upheld the detention order as legal. The court’s argument was that the authorities had given adequate reasons for the detention and …

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CASE ANALYSIS: BILKIS YAKUB RASOOL VS. UNION OF INDIA & OTHERS

Facts Case Bilkis Yakub Rasool vs. The India Union was heard at the Supreme Court in India on January 8, 2024 as part of the criminal original jurisdiction. The petitioner, Bilkis Yakub Rasool, challenged the waiver of the penalties awarded by eleven convicts involved in the Gujarat Unrest. Background of the Case: • Following the …

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CASE  LAW: REVANASIDDAPPA&ANR. V. MALLIKARJUN& ORS. (1 SEPTEMBER 2023)

⸋BENCH: D.Y. CHANDRACHUD; CJI., J.B. PARDIWALA; J., MANOJ MISRA; J. ⸋EQUIVALENT CITATIONS: ●2011JUDGEMENT:[MANU/SC/0299/2011] [2011(2) KLT 176] [2011 GLH (1) 757] [2011 (I)NCLR (SC) 976] ●2023JUDGEMENT:[MANU/SC/0956/2023] [(2023) 10 SCC 1] [2023 GLH (3) 757] [2023 (4) CCC 64] ⸋PROVISIONS AND STATUES INVOLVED: SECTION 11,12 AND 16 OF THE HINDU MARRIAGE ACT,1955; SECTION 6 OF THE HINDU …

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Engineering Analysis Centre for Excellence Pvt. Ltd. v. Commissioner of Income Tax, Supreme Court

LL 2021 SC 124 INTRODUCTION  The case was decided by the Supreme Court of India on 2nd of March in the year 2021. The Appellant in this case is The Engineering Analysis Centre of Excellence Private Ltd and the Respondent is The Commissioner of Income Tax. The Judges were Justice. R.F.Nariman, Justice Hemant Gupta and …

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CASE COMMENT: CENTRAL ORGANISATION FOR RAILWAY ELECTRIFICATION v. M/S ECI SPIC SMO MCML (JV) A JOINT VENTURE COMPANY (2019) – IN THE SUPREME COURT OF INDIA

1. FACTS The case of Central Organisation for Railway Electrification v. M/S ECI SPIC SMO MCML (JV) A Joint Venture Company revolves around a contractual dispute between the appellant, a government organization responsible for railway electrification, and the respondent, a joint venture company engaged in executing the awarded contract. The dispute arose out of disagreements …

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CASE ANALYSIS  KEDARNATH NATH SINGH VS STATE OF BIHAR 

This landmark case/case law deals with fundamental right to speech from Article 19(1)(a)1 which guarantees freedom of speech to all citizens residing in India which is the understructure of our democracy. It’s the first fundamental right under Article 19(1)(a) which empowers citizens or people to speak freely and to express their opinions on any basis …

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                                                      CASE COMMENT Case: Arnab Goswami v. State of Maharashtra, (2020) 17 SCC 1

1. FACTS  Arnab Goswami, the editor-in-chief of Republic TV, found himself at the center of a legal storm following his arrest by the Maharashtra Police on November 4, 2020. The arrest stemmed from a 2018 abetment to suicide case involving interior designer Anvay Naik and his mother, Kumud Naik. In their suicide note, the Naiks …

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Property Owners Association v. State of Maharashtra, 2024 INSC 835

FACTS In 1991, the Property Owners’ Association (POA), which consisted of more than 20,000 landowners in Mumbai, challenged 1986 amendments to the Maharashtra Housing and Area Development Act, 1976 (MHADA). The amendments had given the power to the Mumbai Building Repair and Reconstruction Board (MBRRB) to acquire “cessed” buildings which were in disrepair for repairs and reconstruction, provided 70% of the occupants agreed. The POA argued that these provisions gave the MBRRB undue powers to take over private residential complexes by force, encroaching on the rights of property owners. The legal fight lasted more than three decades, ending with a final judgment by the …

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CASE COMMENT: JUST RIGHTS FOR CHILDREN ALLIANCE & ANR. V. S. HARISH & ORS.

Citation: 2024 INSC 716 Bench: CJI Justice D.Y. Chandrachud, Justice J.B. Pardiwala. FACTS Police were informed on January 29, 2020, that S. Harish, the respondent, was ingesting CESAM, or under the POCSO Act, child pornography. The inquiry found that Harish had downloaded content to his phone that showed kids engaging in sexual activity. Then, per …

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CASE ANALYSIS – KALPRAJ DHARAMSHI VS KOTAK INVESTMENT ADVISORS LTD. (2021)

CITATION Kalpraj Dharamshi v. Kotak Investment Advisors Ltd. (2021) SCC OnLine SC 204 FACTS OF THE CASE This case arose from the Insolvency and Bankruptcy Code, 2016 (IBC) proceedings, specifically focusing on the resolution process of Ricoh India Ltd., a company facing insolvency under the IBC. Ricoh India Ltd. was admitted for corporate insolvency resolution …

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CASE COMMENT FRANK VITUS V/S NARCOTICS CONTROL BUREAU & ORS Supreme Court of India ( 2024 INSC 479 )

Name of Parties     : Appellant       –     Frank Vitus          : Respondents  – 1. Narcotics Control Bureau             2. Union of India  Nature of Case      : Criminal Appeal  Case Number        : Crl. A. No. 2814/2024 Bench                     : Hon’ble …

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Aligarh Muslim University & Ors. v. Naresh Agarwal & Ors. (2024 SC 3213)

By: G. Harini 4th Year B.A.L.L.B., Government Law College, Theni. Introduction The case of Aligarh Muslim University & Ors. v. Naresh Agarwal & Ors. (2024) is a landmark judgment by the Supreme Court of India, addressing Aligarh Muslim University’s (AMU) minority status. The core question before the Court was whether AMU, which was formally established …

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Prithviraj Chauhan v. Union of India (2020)

FACTS OF THE CASE Prithviraj Chauhan v. Union of India (2020) was the case that raised questions about the constitutionality of Section 18-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, as introduced through the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2018. The said amendment was designed …

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CASE COMMENT : PRATHVI RAJ CHAUHAN VS UNION OF INDIA AND OTHERS

CASE NAME – PRATHVI RAJ CHAUHAN VS UNION OF INDIA AND OTHERS Appellant : Prathvi Raj Chauhan Respondent: Union of India and others Date of Judgement: 10 February,2020 Court: Supreme Court of India Bench: Justice Arun Mishra, Justice Vineet Saran, Justice S. Ravindra Bhat Citation: Writ Petition (C) NO.1015 of 2018 The case of Prathvi …

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Case Commentary: Probhat Purkait @ Provat vs. The State of West Bengal (2023)

1. Introduction:The case of Probhat Purkait @ Provat vs. The State of West Bengal (2023) brings to light significant legal questions regarding the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and the Indian Penal Code (IPC). This case is particularly crucial in understanding how Indian courts interpret statutory provisions concerning adolescent consensual …

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CASE COMMENT ALIGARH MUSLIM UNIVERSITY THROUGH ITS REGISTRAR FAIZAN MUSTAFA vs NARESH AGARWAL. 

CASE NAME –   ALIGARH MUSLIM UNIVERSITY THROUGH ITS REGISTRAR FAIZAN MUSTAFA vs NARESH AGARWAL.  FACTS –  The issue that is being dealt with is Aligarh Muslim University’s minority status under Article 30(1) of the Constitution of India. In 1920, the AMU remained a university under the Aligarh Muslim University Act that changed the Mohammad …

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Digital evidence and how it helps in investigation

LIST OF CONTENT  LIST OF ABBREVIATIONS  ABSTRACT  In the contemporary landscape of cybercrime, electronic evidence has emerged as a pivotal element in forensic investigations and legal proceedings. This research delves into the multifaceted aspects of electronic evidence within the monarchy of cyber forensics, emphasizing its significance in uncovering and substantiating cybercrimes. The study explores various …

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Vishal Tiwari vs Union Of India on 3 January, 2024 

Facts of the case   Adani is a large Indian multinational company located in Ahmedabad, it was lunched at 1988 by Gautam Adani who was considered as the third richest man in the world.  The company has extensive interests in many sectors, including energy, real estate, logistics  and infrastructure.  Hindenburg Research is an independent investment focusing …

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Brij Narayan Shukla (Deceased) through Legal Representatives vs. Sudesh Kumar alias Suresh Kumar (Deceased) through Legal Representatives and Others

CITATION (2024) 5 SCC 1 YEAR OF JUDGMENT 2024  STATUTES REFERRED IN THIS CASE: Property Law, Limitation Act 1963, Doctrine of Adverse Possession PLAINTIFF Brij Narayan Shukla (Deceased) through Legal Representatives  DEFENDANT Sudesh Kumar alias Suresh Kumar (Deceased) through Legal Representatives  BENCH Justices S. Radhakrishnan and P. Deshmukh 1. FACTS Brij Narayan Shukla (Deceased) through …

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SAMEER WADEKAR AND ANOTHER V. NETFLIX ENTERTAINMENT SERVICES PVT. LTD

CITATION: 2020 SCC Online Bom 659 JUDGE: K.R. Shriram J. PLAINTIFF: Sameer Wadekar and Another DEFENDANT: Netflix Entertainment Services Pvt. Ltd. Facts of the Case:  The case arose from allegations of copyright infringement made by scriptwriter Sameer Wadekar and his co-writer against Netflix amusement services Pvt. Ltd., pink Chillies entertainment, and other related events. The …

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KD Gold and Diamonds private limited vs. M/S Khimji and Sons

(2023)12 OHC CK 0037FAO No.105 of 2023Decided on: 11-12-2023 Abstract:  In this case the plaintiff and the defendant was cousins, belong from one family having the common ancestor namely Dayabhai Ramjibhai Nanda. He had four sons, namely, Chaturbhuj, pragji, Khimji and Harilal. The plaintiff’s whole business run by the son/grandson of Chatubhuj Dayabhai Nandha. This …

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Case Comment: THE ANIMAL WELFARE BOARD OF INDIA & ORS V. UNION OF INDIA & ANR.

WRIT PETITION (CIVIL) NO. 23 OF 2016; MAY 18, 2023 Facts of the Case In this case the three state legislations were challenged. It includes The Prevention of Cruelty to Animals (Tamil Nadu Amendment Act) 2017, The Prevention of Cruelty to Animals (Maharashtra Amendment Act) 2017 and The Prevention of Cruelty to Animals (Karnataka Amendment …

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THE RAM JANMBHOOMI CASE : M Siddiq (D) Thr Lrs vs Mahant Suresh Das & Ors

ABOUT THE CASE: TITLE OF THE CASE: M Siddiq (D) Thr Lrs vs Mahant Suresh Das & Ors  CITATION: AIRONLINE 2019 SC 1420, APPELLANT: M Siddiq (D) Thr Lrs RESPONDENT: Mahant Suresh Das & Ors DATE OF JUDGEMENT:  9 November, 2019 BENCH: CJI Ranjan Gogoi, Justice Ashok Bhushan, Justice SA Bobde,  Justice DY Chandrachud, and …

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STATE OF MAHARASHTRA & ORS V. PRADEEP YASHWANT KOKADE & ANR.

(2010) 12 SCC 669 FACTS: The facts of this case involve a government servant, Pradeep Yashwant Kokade, who was held back for promotion on the basis that a criminal proceeding was filed against him. Kokade, otherwise having a stellar service record, got into a legal and administrative limbo due to charges of misconduct. The criminal …

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Case Comment Supriyo @ Supriya Chakraborty & Anr. v. Union of India & Ors.

Citation: (2023) SCC (Supreme Court of India)Bench: Hon’ble Chief Justice of India Dr. D.Y. Chandrachud, Hon’ble Justice Sanjay Kishan Kaul, Hon’ble Justice S. Ravindra Bhat, Hon’ble Justice Hima Kohli, and Hon’ble Justice P.S. Narasimha 1. Facts The case arises out of petitions filed before the Supreme Court of India seeking legal recognition of same-sex marriages …

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Dara Lakshmi Narayana vs. The State of Telangana (2024)

FACTS The marriage between the appellant, Dara Lakshmi Narayana, and the respondent, a woman from Telangana, was solemnized on March 8, 2015. The respondent accused the appellant of harassing her for additional dowry after the marriage, even though a significant amount of dowry had been provided by her father. The dowry included ₹10 lakh in …

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Case Comment Kunhimuhammed @ Kunheethu vs The State Of Kerala

1. Facts Kunhimuhammed @ Kunheethu v. The State of Kerala centres on a bloody brawl motivated by political enmity. On April 10-11 night, the tension between United Democratic Front (UDF) and Left Democratic Front (LDF) members led to an unfortunate incident. The appellant, one Kunhimuhammed @ Kunheethu, was accused of masterminding an attack on members …

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CASE COMMENT ON THE STATE OF WEST BENGAL VS CHIRANJIAL (MINERAL) INDUSTRIES OF BANGANDIH (2023)

FACTS OF THE CASE: The case of State of West Bengal vs. Chiranjilal (Mineral) Industries of Bangandih is a significant Supreme Court case that deals with the interpretation and applicability of the Mines and Minerals (Development and Regulation) Amendment Act, 2015 (MMDR Act Amendment) and the subsequent Concession Rules, 2016. Key Facts of the Case: …

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CASE COMMENT RAJENDRA BHAGWANJI UMRANIYA VS THE STATE OF GUJARAT

FACTS: NAME OF THE CASE: RAJENDRA BHAGWANJI UMRANIYA VS THE STATE OF GUJARAT CITATION: 2482 of 2024 CASE IS RELATED TO: CRIMINAL LAW, VICTIMOLOGY, SENTENCING GUIDELINES NAME OF THE APPELLANT(S): RAJENDRA BHAGWANJI UMRANIYA NAME OF THE RESPONDENT(S): THE STATE OF GUJARAT DATE OF THE JUDGMENT: 09-05-2024 COURT: SUPREME COURT OF INDIA. NAME OF THE JUDGE: JUSTICES JB …

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CASE TITLE: Sunita Devi vs State of Bihar & Anr.

Appellant: Sunita Devi Respondent: State of Bihar  Judgment Date: May 2024Court: Supreme Court of IndiaBench: Justice MM Sundresh and Justice SVN BhattiRelevant Citation: 2024 INSC 448Legal Provisions Involved: Protection of Children from Sexual Offences (POCSO) Act, Criminal Procedure Code (CrPC), 1973. Introduction The case of Sunita Devi vs. State of Bihar (2024) deals with the …

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Case Comment Competition Commission of India v. Amazon.com NV Investment Holdings LLC (2024)

Facts The lawsuit involving the Competition Commission of India (CCI) and Amazon.Com NV Investment Holdings LLC over a 2024 product has raised serious allegations against Amazon. The charges accuse Amazon of misleading regulators and withholding detailed information. Soft about the acquisition process. This includes forty-nine ownership interests in Future Coupons Pvt Ltd (FCPL). This acquisition …

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Union of India and Ors. v. M/s. B.T. Patil and Sons Belgaum (Construction) Pvt. Ltd.

Facts of the Case M/s. B.T. Patil and Sons Belgaum (Construction) Pvt. Ltd. (“the Respondent”) was a class-I contractor with a focus on hydroelectric power and funneling projects, among other civil contract works. The International Bank for Reconstruction and Development’s funding for the Koyna Hydro Electric Power Project was authorized by the Central Government. A …

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Aliyathammuda Beethathebiyyappura Pookoya vs. Pattakal Cheriyakoya(AIR 2020 SC 2892)

Aliyathammuda Beethathebiyyappura Pookoya vs. Pattakal Cheriyakoya(AIR 2020 SC 2892) By Anshika Suryavansh  Damodarram Sanjivayya National Law University 1. FACTS The Andrott Jumah Mosque, located in Lakshadweep, was built in the seventh century and attributed to Saint Ubaidulla, who is claimed to be its first muttawali. The mosque is registered under the Wakf Board of Lakshadweep. …

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CASE COMMENT: RAMESH CHANDER v. UNION OF INDIA

INTRODUCTION: Ramesh Chander v. Union of India is a landmark case highlighting the interplay between individual rights and administrative accountability. This case revolves around the applicability of service laws, the rights of employees under constitutional provisions, and the principles of natural justice. The Supreme Court’s interpretation and stance on the issues in this case have …

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