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M.N. Clubwala v. Fida Hussain Saheb, 1964

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M.N. Clubwala v. Fida Hussain Saheb, (1964) 6 SCR 642, 651 This case interpretation/case summary is written by Ms. Swati Sharma a student at the Faculty of Law (Delhi University). If you also want to publish your articles or case interpretations/summaries, send your work to  niyamskanoon09@gmail.com . Case Details PETITIONER:  MRS. M. N. CLUBWALA AND ANR. Vs. RESPONDENT: FIDA HUSSAIN SAHEB AND ORS. DATE OF JUDGMENT: 03/02/1964 BENCH: MUDHOLKAR, J.R. SUBBARAO, K. CITATION: 1965 AIR 610 1964 SCR (6) 642 Introduction   The case of M.N. Clubwala v. Fida Hussain Saheb (1964) under the Delhi Rent Control Act is a landmark judgment that clarifies the distinction between a lease and a license and the jurisdiction of the Rent Controller. The primary issue in this case was whether the agreements between the landlord (M.N. Clubwala) and the shopkeepers (Fida Hussain Saheb) created a lease or a license.  Facts of the Case M.N. Clubwala (Landlord) used his building as market by
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Top 10 landmark judgement given by justice D.Y. Chandrachud

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Top 10 Landmark Judgements of the D.Y. Chandrachud as Supreme Court Judge   Chief Justice of India Dr. D.Y. Chandrachud is known for his transformative role in Indian jurisprudence, blending a deep understanding of constitutional values with a progressive outlook on human rights and technology. Appointed as the 50th Chief Justice of India , he has a distinguished career marked by landmark judgments on privacy, equality, and individual freedoms. Justice Chandrachud’s tenure has focused on making the judiciary more accessible and transparent through digital reforms, promoting live streaming of court hearings, and enabling e-filing to bring justice closer to citizens. His judicial philosophy emphasizes upholding democratic values, protecting civil liberties, and enhancing social justice. Here are some of the landmark judgments he has delivered that showcase his commitment to a fair, inclusive, and rights- centered judiciary. Ayodhya Dispute Case (M. Siddiq v. Mahant Suresh Da
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Bombay High Court Grants Bail to Maharashtra Minister Nawab Malik

Bombay High Court Grants Bail to Maharashtra Minister Nawab Malik In a notable development in the ongoing legal battle involving Maharashtra Minister Nawab Malik, the Bombay High Court has granted him bail in the money laundering case that had led to his arrest. This decision marks a significant turn in the high-profile case that has seen extensive media coverage and political ramifications. Nawab Malik was arrested by the Enforcement Directorate (ED) on charges of money laundering linked to a property deal allegedly involving proceeds of crime. The case against Malik included allegations of his involvement in financial transactions with individuals connected to the underworld, specifically those linked to the fugitive gangster Dawood Ibrahim. The bail application filed by Malik’s legal team argued that the charges against him were politically motivated and lacked substantial evidence. They contended that Malik had been cooperating with the investigation and that there was no risk of h
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Kerala High Court Grants Bail to 19 Accused in Veterinary Student's Death

Kerala High Court Grants Bail to 19 Accused in Veterinary Student's Death In a case that has drawn significant public attention, the Kerala High Court has granted bail to all 19 accused in the tragic death of a veterinary student, citing insufficient evidence to support the charges of abetment to suicide. This decision has sparked a renewed debate on the judicial handling of sensitive cases involving allegations of harassment and mental health issues. The case revolves around the suicide of a young veterinary student, whose death was initially reported as a result of sustained harassment by her peers. The charges against the accused included severe allegations of bullying and mental torture, which allegedly led the student to take her own life. The incident had caused an outpouring of public grief and anger, leading to demands for stringent actions against the accused. The court's decision to grant bail was based on a detailed examination of the evidence presented by the prosec
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Delhi Government Petitions Supreme Court Over Water Crisis

Delhi Government Petitions Supreme Court Over Water Crisis In a significant move addressing the severe water crisis, the Delhi government has approached the Supreme Court, seeking the release of additional water from neighboring states such as Haryana. This plea comes in response to the acute water shortage exacerbated by the current heatwave that has gripped the capital city. The petition filed by the Delhi government emphasizes the dire situation faced by its residents. The severe heatwave has led to an unprecedented demand for water, straining the existing water supply infrastructure. The Delhi government contends that immediate intervention is necessary to mitigate the crisis and ensure an uninterrupted water supply to its population. The petition outlines several key arguments. Firstly, it highlights the shared river water agreements between states, urging compliance with these agreements to ensure equitable distribution of water resources. Secondly, it stresses the need for neigh
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Alert : Crime in Metro

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Alert : Crime in Metro  News:23 Feb, 2024 India's largest and busiest Metro rail system and the Second oldest, after the Kolkata Metro, offers efficient, fast, reliable, safe, and environmentally friendly travel due to which lakhs of passengers travel each day which also attracts thieves and pickpockets. Delhi Police has recognized 29 metro stations where passengers need to be more alert in which Kashmiri gate is the "Crime Hotspot" recording the most cases, 1,003 in 2023. The stations where passengers have to be cautious are Kashmiri Gate, Chandni Chowk, New Delhi, Ashok Park, Punjabi Bagh, Kirti Nagar, Karol Bagh, Rajiv Chowk, Inderlok, GTB Nagar, Jahangirpuri, Dwarka Mor, Janakpuri West, New Delhi Airport line, Dwarka Mor, Dwarka Station 21, Haus Khas, Chhatarpur, Qutub Minar, INA, Sarojini Nagar, Sarak Kale Khan - Nizamuddin, Lajpat Nagar, Govindpuri, Kallaji Mandir, Anand Vihar, Yamuna Bank, Mandi House and Lal Qila. In the Crime Mapping Excercise by Delhi Police, f
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Woman get 10 year punishment for Sexual assault on 4 year old minor girl in 2016

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Woman get 10 year punishment for Sexual assault on 4 year old minor girl in 2016 Delhi High Court has sentenced a woman to 10 years of rigorous imprisonment and also imposed a fine of Rs16,000 for the offence of Sexual Assault committed in 2016 under Section 6 (Aggravated Penetrative Sexual Assault) of the Protection of Children from Sexual Offences Act (POCSO) and Section 354, IPC (Assault or Criminal Force to Woman with intent to outrage her modesty). Committing penetrative sexual assault with the minor girl by applying her mouth on the vaginal area.  Additional Session Judge Rajat Kumar observed the heinous crime caused "immense mental trauma to the victim and her family". However, after looking at the economic condition of the family of the culprit, the Court punished him only under Section 6 of the POCSO Act, 2012 as it was higher in decree and the object and purpose of the Sentence is that the Offender should not go unpunished and justice be done to the victim
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Bilkis Yakoob Rasul v. UoI & others, AIR 2022

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Bilkis Bano Case|Bilkis Bano Update|Bilkis Bano Judgement  This case brief/ summary is written after a detailed analysis of the judgement/ order dated 8.01.2024 of the SC. Overview  These appeal arises after a Order of the Government of Gujarat remitted the life sentence of all the convicts after completing 14 years of the sentence. All the convicts were convicted, in the famous case popularly known Bilkis Bano Case, for committing gangrape and murder. This case has dealt the meaning , scope and extent of the power of remission. Constitutional positions of remission under Article 72 and 161 and also remission provided under Section 432 read with Section 433A of Code of Criminal Procedure, 1973 has been interpreted here.  Introduction  These writ petitions filed against the Order of Sate of Gujarat which remitted the life sentence of respondents no. 3 to 13 and released them earlier, who were all convicted in committing heinous crime under various sections of Criminal Code during and fe
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दिल्ली उच्च न्यायालय: पति को नामर्द कहना माना जायेगा मानसिक क्रूरता ?

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  पति को नामर्द कहना माना जायेगा मानसिक क्रूरता ?    26 दिसंबर 2023   न्यायमूर्ति सुरेश कुमार और नीना बंसल की खंडपीठ ने कहा   दहेज की मांग , विवाहतेर संबंधों के आरोपों के साथ पति को नपुंसकता साबित करने के लिए मजबूर करना और उसे महिलावादी करार देना मानसिक पीड़ा देने के लिए पर्याप्त हैं। यह फ़ैसला एक महिला द्वारा दायर अपील के जवाब में आया। जिसमे क्रूरता के आधार पर अपने पति को तलाक देने के 'पारिवारिक अदालत' के फेसले को चुनौती दी गयी । 2000, में शादी करने वाले इस जोड़े का एक बेटा हैं। लेकिन  जोड़े के विवाद शादी के थोड़े समय बाद ही शुरू हो गया था जिसकी वजह से वो दोनो साथ 13 महीने ही रह पाए  सभी सबूतों को ध्यान में रखते हुए खंडपीठ ने महिला की याचिका को खारीज करते हुए कहा की -  पति के खिलाफ पत्नी के आरोप अपमानजनक और निराधार थे। पति क्रूरता के कृत्यों का शिकार था, इससे वह हिंदू विवाह अधिनियम की धारा 13(1)(ia) के तहत तलाक का हकदार हो गया।
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