Legal Update as on 22.11.2022

legal-updates
  1. J&K&L HC – WHEN DETERMINING CLAIMS FOR JUVENILITY, SCHOOL RECORDS HAVE PREFERENCE OVER VILLAGE RECORDS. – According to the Jammu and Kashmir and Ladakh High Court, courts should give priority to the certificate granted by the educational institution that the accused first attended in order to evaluate charges of juvenile.
    SANJAY RAINA VS STATE OF J&K & ORS.
  1. RAJASTHAN HC – THE RAJASTHAN HIGH COURT HAS RULED THAT A DECEASED EMPLOYEE’S SECOND WIFE’S CHILD IS ELIGIBLE FOR A COMPASSIONATE APPOINTMENT. – a child born to a deceased employee’s second wife is qualified for compassionate appointment, and it was noted that policies for such appointments cannot discriminate on the basis of descent by dividing children into legitimate and illegitimate categories.
    HEMENDRA PURI V. THE JAI NARAYAN VYAS UNIVERSITY AND OTHERS
  1. SC – PARTIES TO A CONTRACT MUST UNDERSTAND CONTRACTUAL EXPRESSIONS AS INTENDED – According to the Supreme Court, even while interpretation is the Court’s sole purview, it is the Court’s responsibility to determine the interpretation that the contracting parties gave to its terms.
    FOOD CORPORATION OF INDIA VS ABHIJITH PAUL
  1. SC – EXECUTION PETITIONS OUGHT TO BE DISPOSED WITHIN SIX MONTHS. – The Supreme Court has ruled that execution petitions must be disposed within six months of the petition’s submission and noted that the execution court has an obligation to provide written justifications for its inability to resolve a case.
    BHOJ RAJ GARG VS GOYAL EDUCATIONAL AND WELFARE SOCIETY
  1. SC – DISCRETION DOES NOT APPLY TO CONTRACTUAL MATTER UNLESS EXPRESSLY INCLUDED IN CONTRACT – According to the Supreme Court, a contract’s provisions determine the parties’ rights and obligations, and if one of those parties is a governmental body, the contract’s administrators cannot administer the contract.
    STATE OF MADHYA PRADESH VS SEW CONSTRUCTION LIMITED
  1. SC – WHEN LABELING RECOVERED CONTRABAND, QUANTITY OF NEUTRAL SUBSTANCE CANNOT BE IGNORED – While classifying the amount of contraband recovered as a “little quantity” or “commercial quantity,” the Supreme Court has ruled that the quantity of neutral substances cannot be ignored.
    INTELLIGENCE OFFICER, THIRUVANANTHAPURAM VS K K NAUSHAD
  1. J&K&L HC – A MARRIED MAN WITH THE ABILITY TO EARN WHO IS OBLIGATED TO MAINTAIN HIS WIFE & CHILDREN – According to the Jammu and Kashmir and Ladakh High Court, while it is ultimately up to an individual to decide whether or not to get married, once that choice is made, the individual is obligated to fulfil all of the obligations that society and the law expect of him as well as any other duties that may arise with marriage.
    SHASHI PAUL SINGH VS GURMEET PAUL & ANR.
  1. CAL HC – REGISTRAR CAN INITIATE PARALLEL PROCEEDINGS ON FINDING ADDITIONAL MATERIAL UNDER SECTION 206 OF THE COMPANIES ACT – A writ petition contesting the ability of the Registrar of Companies to begin multiple/parallel actions under Section 206 of the 2013 Companies Act has been dismissed by the Calcutta High Court.
    SHREE RADHE TEA PLANTATION PRIVATE LIMITED & ANR. V. REGISTRAR OF COMPANIES, WEST BENGAL & ORS.

Legal Disclaimer: The information contained in this blog post is for general information and educational purposes only. Nothing contained in this blog post should be construed as legal advice from The Aran Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter.

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