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The Legal Affair

Introduction: The Jammu and Kashmir and Ladakh High Court recently ruled that a Registering Officer’s role under the Registration Act, 1908, is purely administrative and does not extend to adjudicating the title or ownership of the person executing a document. Justice Wasim Sadiq Nargal made it clear that a Registering

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News

The Legal Affair
thelegalaffair.com > news > cut-off-dates-in-recruitment-cannot-be-relaxed-when-the-rules-prescribe-consequences-for-default-allahabad-high-court-reaffirms-strict-compliance

Cut-Off Dates in Recruitment Cannot Be Relaxed When the Rules Prescribe Consequences for Default: Allahabad High Court Reaffirms Strict Compliance??? The Legal Affair

4+ day, 45+ min ago   (1353+ words) The Commission declined to accept this second certificate because it had not been uploaded within the prescribed period along with the first certificate. The appellant challenged the decision before the High Court, but her writ petition was dismissed by the…...

The Legal Affair
thelegalaffair.com > news > free-speech-and-defamation-calcutta-high-court-reinforces-the-bonnard-principle-against-premature-injunctions

Free Speech and Defamation: Calcutta High Court Reinforces the Bonnard Principle Against Premature Injunctions

4+ day, 47+ min ago   (1149+ words) The principle recognises that where a defendant raises a potentially valid defence of justification by truth, an interlocutory injunction should ordinarily not be granted unless the Court is satisfied that the defence is certain to fail at trial. The existence…...

The Legal Affair
thelegalaffair.com > news > punjab-and-haryana-high-court-quashes-criminal-case-holds-child-custody-dispute-cannot-be-turned-into-cheating-offence

Punjab and Haryana High Court Quashes Criminal Case, Holds Child Custody Dispute Cannot Be Turned Into Cheating Offence??? The Legal Affair

5+ day, 21+ min ago   (1625+ words) The complainant suspected that the family members had acted together to take the children away without her consent and ultimately send them to Italy. She further alleged that Inderjeet Kaur had threatened to kill her whenever she attempted to contact…...

thelegalaffair.com
thelegalaffair.com > news > supreme-court-stays-fir-proceedings-and-social-media-gag-order-in-dehradun-confrontation-case

Supreme Court Stays FIR Proceedings and Social Media Gag Order in Dehradun Confrontation Case

1+ week, 5+ day ago   (1565+ words) The Supreme Court’s intervention came in a petition challenging the High Court’s refusal to quash the FIR. While the Court has not, at this stage, finally determined whether the FIR is liable to be quashed, it has directed that proceedings…...

The Legal Affair
thelegalaffair.com > news > calcutta-high-court-victims-right-to-investigation-documents-cannot-be-defeated-by-citing-a-wrong-provision

Calcutta High Court: Victim???s Right to Investigation Documents Cannot Be Defeated by Citing a Wrong Provision

2+ week, 2+ day ago   (1639+ words) The High Court’s decision therefore addresses two connected legal questions. The first concerns which procedural law applies to an application filed after the BNSS came into force. The second concerns whether a technical mistake in mentioning the statutory provision can…...

The Legal Affair
thelegalaffair.com > news > punjab-and-haryana-high-court-absence-of-train-ticket-alone-cannot-defeat-compensation-claim-for-untoward-incident

Punjab and Haryana High Court: Absence of Train Ticket Alone Cannot Defeat Compensation Claim for Untoward Incident??? The Legal Affair

2+ week, 5+ day ago   (703+ words) The Union of India, representing the Railway Administration, supported the Tribunal’s decision. Its principal position was that the claimants had failed to establish that the deceased was a bona fide passenger. Since no ticket was recovered from the body, it…...

The Legal Affair
thelegalaffair.com > news > natural-justice-is-inherent-in-fcra-renewal-calcutta-high-court-sets-aside-refusal-without-hearing

Natural Justice Is Inherent in FCRA Renewal: Calcutta High Court Sets Aside Refusal Without Hearing

2+ week, 5+ day ago   (832+ words) The Union of India and the other respondents, represented by Additional Solicitor General Dhiraj Trivedi, opposed the writ petition. Their principal preliminary objection was that the petitioner had an effective statutory remedy under Section 32 of the FCRA and should have…...

The Legal Affair
thelegalaffair.com > news > allahabad-high-court-strikes-down-key-tenancy-provisions-for-repugnancy-with-parliamentary-law

Allahabad High Court Strikes Down Key Tenancy Provisions for Repugnancy with Parliamentary Law

2+ week, 5+ day ago   (1520+ words) The Legal Affair Allahabad High Court Strikes Down Key Tenancy Provisions for Repugnancy with Parliamentary Law In a significant ruling on the limits of State legislative power and the doctrine of repugnancy under the Constitution, the Allahabad High Court has…...

The Legal Affair
thelegalaffair.com > news > fir-registration-cannot-be-sought-through-writ-petition-without-first-exhausting-remedies-under-bnss-gauhati-high-court

FIR Registration Cannot Be Sought Through Writ Petition Without First Exhausting Remedies Under BNSS: Gauhati High Court??? The Legal Affair

2+ week, 6+ day ago   (1390+ words) The controversy arose out of an alleged irregularity in a tender process conducted by the Lanka Municipal Board. The Municipal Board had invited quotations for the supply of sand gravel. According to the petitioner, he had submitted a quotation of…...

The Legal Affair
thelegalaffair.com > news > minors-right-to-study-abroad-cannot-be-blocked-by-absent-parental-consent-rules-rajasthan-high-court

Minor???s Right to Study Abroad Cannot Be Blocked by Absent Parental Consent, Rules Rajasthan High Court

3+ week, 23+ hour ago   (1391+ words) The case therefore raised an important question at the intersection of family law, passport regulations and constitutional liberty: can a minor child’s opportunity to travel abroad for education be denied merely because one parent does not provide consent, even when…...