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lawyerenews.com > legal_detail > environmental-tribunal-cannot-be-a-toothless-watchdog-it-must-act-without-waiting-for-the-metaphorical-godot-andhra-pradesh-high-court

Environmental Tribunal Cannot Be A Toothless Watchdog… It Must Act Without Waiting For The Metaphorical Godot: Andhra Pradesh High Court

2+ hour, 43+ min ago   (873+ words) The decision in W.P. No. 31066 of 2021 reaffirms the expansive jurisdiction of the NGT under Sections 14, 15 and 16 of the NGT Act, 2010, including its preventive and remedial powers, and clarifies that the tribunal's orders are not immune from judicial review under Article 226, but…...

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lawyerenews.com > legal_detail > section-27-bda-act-scheme-does-not-lapse-once-substantial-implementation-commences-belated-challenges-to-urban-planning-rejected-karnataka-high-court

Section 27 BDA Act | Scheme Does Not Lapse Once Substantial Implementation Commences; Belated Challenges to Urban Planning Rejected: Karnataka High Court

Section 27 BDA Act | Scheme Does Not Lapse Once Substantial Implementation Commences; Belated Challenges to Urban Planning Rejected: Karnataka High Court3+ day, 10+ hour ago   (510+ words) The appellants also alleged discrimination, pointing out that while the BDA had denotified nearly 657 acres of land upon payment of betterment charges, the petitioners were not extended the same benefit. Furthermore, they challenged the validity of the possession taken by…...

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lawyerenews.com > legal_detail > arbitration-act-high-court-cannot-bypass-agreed-institutional-mechanism-mcia-to-appoint-arbitrator-madhya-pradesh-high-court

Arbitration Act | High Court Cannot Bypass Agreed Institutional Mechanism (MCIA) To Appoint Arbitrator: Madhya Pradesh High Court

3+ day, 15+ hour ago   (147+ words) The 'Anomaly' Argument: MCIA Rules vs. Indore Seat Their counsel contended that the MCIA Rules are inherently tied to Mumbai, and therefore, a clause fixing the seat at Indore rendered the institutional mechanism unworkable. Consequently, they argued, the High Court…...

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lawyerenews.com > legal_detail > arbitration-act-unilateral-appointment-void-ab-initio-participation-in-proceedings-does-not-constitute-waiver-supreme-court

Arbitration Act | Unilateral Appointment Void Ab Initio; Participation in Proceedings Does Not Constitute Waiver: Supreme Court

1+ week, 1+ day ago   (395+ words) A unilateral appointment and a unilateral reference " both will be illegal." Unilateral Appointment is Void Ab Initio Strict Interpretation of Waiver under Section 12(5) The focal point of the judgment is the interpretation of the proviso to Section 12(5), which allows parties…...

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lawyerenews.com > legal_detail > order-xlvii-cpc-isolated-factual-error-cannot-unsettle-finding-of-desertion-based-on-cumulative-conduct-delhi-high-court

Order XLVII CPC | Isolated Factual Error Cannot Unsettle Finding of Desertion Based on Cumulative Conduct: Delhi High Court

1+ week, 2+ day ago   (229+ words) The Factual Matrix: The "Doha Relocation" Controversy The Court was seized of a Review Petition filed by the Appellant-wife against a judgment dated September 22, 2025, which had affirmed a decree of divorce in favor of the Respondent-husband on the ground of…...

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lawyerenews.com > legal_detail > mere-firs-and-long-separation-cannot-justify-divorce-without-substantiated-proof-of-cruelty-delhi-high-court-rejects-divorce-pleas-of-two-brothers-against-their-wives

Mere FIRs and Long Separation Cannot Justify Divorce Without Substantiated Proof of Cruelty: Delhi High Court Rejects Divorce Pleas of Two Brothers Against Their Wives

1+ week, 2+ day ago   (948+ words) The Court ruled that "prolonged separation, absent evidence of mental cruelty or irretrievable breakdown, is insufficient in itself to justify dissolution of marriage under law." The appellants, Surender Kumar and Devender Kumar, brothers by relation, had married Manita and Sunita,…...

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lawyerenews.com > legal_detail > marks-visually-and-phonetically-dissimilar-bombay-high-court-denies-sun-pharmas-plea-for-injunction-against-esiraft

Marks Visually and Phonetically Dissimilar: Bombay High Court Denies Sun Pharma’s Plea for Injunction Against ‘EsiRaft’

1+ week, 3+ day ago   (529+ words) Even a Slight Possibility of Confusion Would Justify Injunction " But No Confusion Found Here" Background of the Case: Legal Issues and Court's Observations: The central legal questions revolved around deceptive similarity under Section 2(h) of the Trade Marks Act, passing off,…...

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lawyerenews.com > legal_detail > 74th-amendment-state-cannot-usurp-municipal-autonomy-by-deputing-ineligible-engineers-as-town-planners-jharkhand-high-court

74th Amendment | State Cannot Usurp Municipal Autonomy by Deputing Ineligible Engineers as Town Planners: Jharkhand High Court

1+ week, 4+ day ago   (427+ words) The Constitutional Crisis: Betrayal of the 74th Amendment The Bench remarked that such interference frustrates the very purpose of the 74th Amendment. The Court rejected the State's submission that the "opinion of the concerned Minister" was required to rectify the situation, stating…...

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lawyerenews.com > legal_detail > accident-claim-mechanical-adoption-of-minimum-wages-for-qualified-claimants-is-unrealistic-punjab-haryana-high-court-enhances-compensation-for-engineering-student-with-permanent-disability

Accident Claim | Mechanical Adoption of Minimum Wages for Qualified Claimants is Unrealistic: Punjab & Haryana High Court Enhances Compensation for Engineering Student with Permanent Disability

1+ week, 6+ day ago   (756+ words) While allowing the appeal for enhancement of compensation under Section 166 of the Motor Vehicles Act, 1988, the Court sharply criticized the Tribunal for its "mechanical adoption of minimum wages" in assessing the claimant's income, despite his educational qualifications and future earning…...

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lawyerenews.com > legal_detail > arbitration-act-referral-court-cannot-conduct-mini-trial-on-limitation-unless-claim-is-ex-facie-dead-jk-high-court

Arbitration Act | Referral Court Cannot Conduct Mini-Trial on Limitation Unless Claim is ‘Ex-Facie’ Dead: J&K High Court

1+ week, 6+ day ago   (385+ words) A Detour Through Wrong Jurisdiction The dispute arose from contracts awarded to Promark Techsolutions Pvt. Ltd. (Petitioner) by the Rural Development Department, UT of J&K in 2020 for the supply of furniture. While the Petitioner delivered the goods in July…...