Digi - Legal Insights
CIVIL LAW
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In response to constitutional obligation to protect health rights and address need for effective pharmaceutical marketing regulation, Court has issued directions under Articles 32 and 142 of Constitution and Union of India is required to establish Committee within two weeks to comprehensively examine unethical pharmaceutical marketing practices and adequacy of existing regulations.
CIVIL LAW
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Interpreting dies as died would conflict with statutes language and Appellants citations are deemed irrelevant and court affirmed correctness of judgment under Section 51(2)(a)(ii) of Act and its relationship with Section 14 of HSA, 1956.
CRIMINAL LAW
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Criminal proceedings arising from a purely civil dispute regarding specific performance of a sale agreement must be quashed to prevent abuse of process.
CRIMINAL LAW
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Quashing charges merely because a confessional statement cannot be relied on in trial is an improper exercise of inherent powers.
CRIMINAL LAW
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No purpose would be served in proceeding with trial as allegations stem from a souring consensual relationship and lack credible foundation.
CRIMINAL LAW
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Continuation of criminal proceedings against relatives based on omnibus implication without supporting foundational facts amounts to an abuse of process of law.
CRIMINAL LAW
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A long-standing consensual physical relationship between adults cannot be subsequently criminalized as rape under the pretext of a false promise to marry.
CRIMINAL LAW
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Mere recovery of tainted money or a positive phenolphthalein test, devoid of independent proof of a voluntary demand, is legally insufficient to bring home charge.
CONSUMER PROTECTION
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An arbitration clause in a contract does not oust the jurisdiction of consumer fora.
MOTOR ACCIDENT COMPENSATION
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In determining motor accident compensation, functional disability must be evaluated based on the injurys actual impact on the victims specific avocation and earning capacity.
PROPERTY LAW
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A registered sale deed contravening Section 154 of the pre-1981 Abolition Act is merely voidable, not void, and carries a strong presumption of validity.
CRIMINAL LAW
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As a Senior Advocate, he has a duty to maintain dignity of courts and his emotional responses cannot excuse his conduct, particularly when undermining authority of Court hence, reasons assigned in impugned order by High Court do not warrant any interference.
FAMILY LAW
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Marriage is effectively over, justifying dissolution of marriage and all related proceedings under Article 142 of Constitution.
CIVIL LAW
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Law states a joint committee is only required when both motions are admitted, which was not the case therefore, formation of committee by Speaker was legally valid.
CIVIL LAW
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High Courts order confirming penalty is set aside, along with Order-in-Original and proceedings against appellant will be revived and decided afresh by an officer of same rank, excluding the one who issued order on October 8, 2025.
CIVIL LAW
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Notification issued by Commissioner of Customs (Import) in exercise of powers conferred under Section 45(1) of Act is valid.
CIVIL LAW
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Mere suspicion cannot displace a document which has otherwise been duly proved.
CIVIL LAW
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Bombay High Courts Principal Bench has adjudicated that cancellation of e-auction process was unjustified, leading to decision to grant same relief to Appellants as provided to Petitioners in prior writ petitions, thereby ensuring judicial consistency and addressing merits of case.
CIVIL LAW
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State Governments authority to withdraw or modify exemption under Section 5A of Act is upheld, stating that notifications from 01.04.2000 and 04.04.2001 will take effect only after one year from their dates.
CIVIL LAW
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Notification to revise rates was valid, as evidenced by due consideration of relevant factors hence, arguments regarding Finance Ministers consultation were dismissed due to lack of pertinent evidence.
Judgement
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