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Weekly Bulletin [15th – 21st December, 2025]

Weekly Bulletin [15th – 21st December, 2025]

Supreme Court Senior Counsel Not Fully Aware of IBC Framework; SC Adjourns Unnati Fortune’s Appeal

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Compassionate Appointment is a Concession, Not a Right; SC Rejects Claim for Higher Post After Acceptance

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Sub-Vendor Not A ‘Veritable Party’ To Arbitration Agreement; Supreme Court Quashes Appointment of Arbitrator

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SC Restores Decree Ordering Refund of Advance to Buyer; Sets Aside Kerala HC Remand in Land Sale Dispute

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SC: Sec 44C Income Tax Act Does Not Distinguish Common & Exclusive Head Office Expenses Incurred By Non-Resident Indian Counterpart

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SC Sets Aside Allahabad HC’s Acquittal of Husband and Mother-in-Law Who Killed Woman for Dowry; Issues Directions for Effective Implementation of DPA, 1961

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Sec 479 BNSS Is Introduced To De-Clog Prisons In India; SC Allows Bail To MD Of DHFL In Bank Fraud Case & Siphoning Off Funds To Shell Entities

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Supreme Court Dissolves Marriage on Ground of Irretrievable Breakdown After 24 Years of Separation

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Supreme Court Questions Bombay HC’s Blanket Stay on Investigation; Grants Liberty to Seek Reconsideration

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SC Grants Bail to Accused in Mahadev Betting App Case Involving Alleged Cash Delivery to Former CM Bhupesh Baghel

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Exclusion Under RSMD Clause Will Not Oust Insurer’s Liability If Loss Is Attributable To Peril Of Fire; SC Directs NCDRC To Assess ICICI Lombard’s Liability

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Pay Parity Claims Are a Continuing Cause; Supreme Court Restores Higher Pay Scale to Jharkhand Employee

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SC Refers Section 148 NI Act Deposit Applicability to Convicted Directors to Larger Bench

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Trials Becoming Mechanical Exercise, Divorced from the Quest for Truth, Lead to Miscarriage of Justice; SC Set Aside POSCO Conviction

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Waitlist Is Not Source Of Recruitment & Candidate Has No Vested Right To Appointment; SC Upholds Communal Rotation By Cochin University For Filling Vacancy

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SC Issues Notice in Alleged Sexual Assault on Woman Lawyer Inside Police Station; Orders Sealed Cover Preservation of CCTV Footage

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Cornerstone For Invoking SARFAESI Is Creation Of ‘Security Interest’ In Favour Of ‘Secured Creditor’; SC Disproves Recovery Process Before DRT

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Entertaining Objections On Consortium Member’s Capacity At Section 11 Stage Would Amount To Mini Trial; SC Upholds Reference to Arbitration

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Cross FIRs From Same Incident Must Be Tried Together: Supreme Court

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FIR Alone Cannot Sustain Conviction; Supreme Court Acquits Doctor Convicted of Rape

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Leading Questions in Cross-Examination Can’t be Said to Have Less Probative Value; Supreme Court Upholds Will Excluding One Child

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Cheque Bounce Cases Cannot Be Quashed at Pre-Trial Stage on Disputed Facts: Supreme Court Restores Section 138 NI Act Complaint

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Supreme Court: Minor Trafficking Victims’ Testimony Needs Sensitive & Realistic Judicial Appreciation

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Victim Can Assist Court In Criminal Revision Even After Informant’s Death: SC Restores Criminal Revision Dismissed as Abated

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Financial Dominance Shall Not Qualify As Instance Of Cruelty, Absent Tangible Mental Or Physical Harm; SC Quashes FIR Lodged Under Sec 498A IPC

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Denial of Mutation based on Will Defeats the Interest of Revenue; SC Restores Mutation Granted on the Basis of Registered Will

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Supreme Court Extends Deadline for Counselling in Pharmacy Courses in MP Till December 31 To Fill Vacant Seats

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Allahabad High Court

Allahabad High Court Rejects Bail in Acid Attack Case Involving 20-Year-Old Woman

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Allahabad High Court Stays Trial in Attempt to Murder & SC/ST Act Case Over Investigation by Officer Below Prescribed Rank

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Allahabad High Court Declines to Quash ED Proceedings in Grand Venice Project Case; Flags Jurisdictional Limits Under PMLA

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Allahabad HC Sets Aside Review Order Enhancing Land Acquisition Compensation; Remands Matter for Fresh Decision

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Bank Cannot Retrospectively Deny Promised Rate Of Interest On FDRs To Investor Upon Maturity; Allahabad HC Cites Principle Of Promissory Estoppel

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Employee Promoted To Higher Post As Stop-Gap Arrangement Deserves Salary Payable To Such Post; Allahabad HC Grants Differential Pay With Interest

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Andhra Pradesh High Court

Andhra Pradesh HC: Punishment Of Compulsory Retirement To Police Constable For Opting Conscious Bigamous Marriage Is Not Disproportionate

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Non-Compete Fee Paid To L&T Neither Created Monopoly Nor Eliminated Competition; SC Allows Revenue Expenses Under Sec 37 Income Tax Act

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Bombay High Court

Bombay High Court Backs Institutional ODR; Declines Plea to Replace Arbitrator

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Claim Not Pleaded Before Arbitrator Cannot Be Raised Under Section 34; Bombay HC Upholds Arbitral Award in NHAI Land Acquisition Case

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GST Did Not Bar Municipal Corporation’s Power To Levy License Fees For Sky-Signs & Hoardings; Bombay HC Clarifies Contrast Between ‘Tax’ & ‘Fee’

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AO Wrongly Took Gross Receipts To Tax Without Considering Income & Expenditure Statement Filed By Trust; Bombay HC Stays Entire Demand

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EPF Act Excludes Genuine Allowances & Incentives, Not Artificial Splitting Of Regular Wages; Bombay HC Confirms Arrears Of PF Dues

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Non-Supply of Written Grounds of Arrest Alone Not Enough for Bail in Pre-Mihir Shah Cases: Bombay High Court

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Bombay HC: Membership proceeding under the Maharashtra Co-operative Societies Act, 1960, doesn’t deal with the declaration of title

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Pune Porsche Crash Case: Bombay High Court Rejects Bail to Accused Persons, Citing Attempt to Thwart Course of Justice

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Bombay HC: Insistence On Demanding US Customs Declarations For Invoking Coercive LOC Trammels Fundamental Right To Travel Under Art. 21

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Bombay High Court Cancels “Vistarraah” Registration, Holding It a Bad-Faith Copy of Well-Known Airline Mark “VISTARA®”

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Bombay High Court Directs State to Pay Full Maternity Benefits to Contract Assistant Professor, Calls “Technical Breaks” Arbitrary and Unjust

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Pay Disparity Was Based On Classification Criterion; Bombay HC Holds Distinct Pay Structure By Manganese Ore (India) Ltd Does Not Discriminate Art. 14

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Bombay HC Grants Perpetual Injunction Against Lotus Refinery for Copying “LOTUS” Edible Oil Trademarks

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Rigid Cut-Off Date For Covid Insurance Scheme Eclipses Self-Sacrifice; Bombay HC Grants Monetary Benefit To Legal Heirs Of Deceased Frontline Worker

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Bombay High Court Rejects Bail to Daman Crime Branch Constables in Alleged Abduction–Extortion Case; Questions Police Investigation

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Calcutta High Court

‘Heirs Cannot Be Deprived of Compensation if Deceased was Driving in Drunken State’; Calcutta HC Dismisses Appeal by NIACL

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CBIC Circulars Can’t Be Used As Shield To Ward Off Legal Scrutiny In Dubious Invoices; Calcutta HC Orders Conditional Release Of Areca Nuts

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Delhi High Court

Delhi HC Dismisses Petition by DTC Employee Against CAT Order Allowing Retirement from Service at 55 Years Upon Being Medically Unfit

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No Right Accrues Without Concluded Contract; Delhi HC Refuses To Direct Doordarshan To Release Funds To Empanelled Producers

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BATA Is Registered Proprietor Of ‘POWER’ Mark Since 1975; Delhi HC Upholds Interim Injunction In Trademark Suit Against LEAYAN

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Pilots Are ‘Workmen’ Under Industrial Disputes Act; Delhi High Court Upholds Awards Directing King Airways To Pay Dues

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Delhi High Court Issues Notice on CG Power’s Plea Challenging ED Prosecution Post-RBI Resolution; Stays Trial Proceedings

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Delhi High Court Reinstates BSF Constable Dismissed for Overstaying Leave, Flags Violation of Natural Justice

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Delhi HC Slaps Rs 20 Lakh Costs on ‘Instant Bollywood’ for Suppression of Material Facts

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Advocate Misused Social Media Platforms Causing Grave Infraction Towards Court’s Dignity; Delhi HC Warns Of Serious Consequences

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Delhi High Court Reaffirms Landlord’s Right to Decide Suitability of Premises; Clears way for Eviction

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Delhi High Court Set Aside Pre-Resolution GST Demands Against Patanjali Foods

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‘Stridhan Not a Source of Income’; Delhi HC Affirms Order for Interim Maintenance to Wife of Man Downplaying His Financial Capacity

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Delhi HC: Incentives Given By Media Houses To Advertising Agencies Do Not Constitute ‘Business Auxiliary Service’, No Liable To Service Tax

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Delhi HC Suspends Sentencing Orders of Convict u/S. 138 of NI Act After Parties Settled Dispute Through Payment of Rs. 1.20 Cr

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‘Courts Must Not Thrust Unwilling Parties Into a Matrimonial Abyss’; Delhi HC Allows Waiver of One-Year Separation Requirement in Mutual Consent Divorce

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Executing Court Cannot Compel Non-Signatory While Enforcing Section 17 Order: Delhi HC Curbs Overreach in Section 17 Enforcement

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Delhi HC: Retrospective GST Registration Cancellation Unsustainable If Not Proposed in SCN

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Situs Of Bank Does Not Confer Exclusive Jurisdiction Absent Cause Of Action; Delhi HC Refuses To Interfere In Licensing Of Duty-Free Outlets At Noida International Airport

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Delhi High Court Upholds Interim “Right to be Forgotten” Relief, Prioritising An Exonerated Person’s Dignity Over Archived Crime Reports

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Hiding iPhones & Half Kg Gold In Infant’s Stroller Is Gross Concealment; Delhi HC Imposes 10K Cost For Portraying Contrary Impression Of Illegal Detention

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Delhi HC: Section 24 CPC Empowers Transfer of IPR Suit Regardless of Commercial/Non-Commercial Status

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Delhi High Court Dismisses Writ Challenging AFT CAT List as Withdrawn; Notes Personal Grievance, Grants Liberty to File PIL

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Delhi HC Reinstates HIV Positive Constable in BSF; Finds Him to be a ‘Person with Disability’ as per RPWD Act

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‘It is Neither Advisable Nor Prudent to Non-Suit a Party at Preliminary Stage by Rejecting Plaint u/O. VII R.11 in Complex Matters’: Delhi HC

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Non-Bailable Warrants Can Be Issued Against Accused Evading Arrest, Not ‘Witness’ or ‘Suspect’;Delhi HC Quashes NBW Issued During PMLA Investigation

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‘Exercise of Power by Public Authority Must be Rational, Supported by Cogent Reasons, and Not Guided by Caprice or Individual Predilections’: Delhi HC

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District Court

Kerala Court Sentences Six Convicts To 20 Years Imprisonment, For Wrongful Confinement, Abduction & Gang Rape Of Cine Actress

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Gauhati High Court

Restriction Under Sec 16(2)(Aa) CGST Act Is Not Unconstitutional But Onerously Burdens Purchasing Dealer; Gauhati HC Calls CBIC To Find Practical Solution

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Jammu and Kashmir and Ladakh High Court

J&K&L HC Refuses Medical Bail to Ex-Bar Leader Accused in Advocate Babar Qadri Terror Killing, Citing Adequate Jail Treatment and Trial Fairness

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Karnataka High Court

Remand Without Production of Accused Unsustainable; Karnataka High Court Grants Bail After Illegal Extension of Judicial Custody

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IGST Arises On Movement Of Goods Terminating For Delivery To Recipient Outside State; Karnataka HC Grants Part Relief To Toyota Kirloskar

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Kerala High Court

Substantive Review of Orders Issued u/s 11 of A&C Act is not Maintainable in Absence of Statutory Provision: Kerala High Court

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Sec 197A(1C) Exempts Senior Citizens Upon Furnishing Form 15H Declaration; Kerala HC Undo Default Tag Over South Indian Bank For Not Deducting TDS

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Legislation Updates

Rajya Sabha Passes SHANTI Bill 2025; Govt Assures Nuclear Safety, Sovereignty and Public Accountability Remain Intact

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Madras High Court

Madras HC Mandates MEA to Secure Compensation for Widow of Deceased Migrant Worker, Invoking Welfare State & Ancient Rajadharma

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Tribunals

UP RERA Appellate Tribunal Directs Builder to Pay Delay Interest Till Valid Possession; Sets Aside Authority Order

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Abandonment Of Shipment Can’t Be Claimed As Of Right Unless Import Is Lawful; Chennai CESTAT Reduces Penalty, Finding No Mala Fide Intent

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WhatsApp Cannot Display Advertisements Without Specific User Consent: NCLAT

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Findings in Benami Adjudication Cannot Solely Ground Criminal Prosecution: SAFEMA Appellate Tribunal

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Promoting Commerce On Trade Policy Is ‘General Public Utility’ Under Sec 2(15); Delhi ITAT Allows Sec 12A Registration To Federation Of European Business

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CAAR: Third-party invoicing not recognized under APTA; Preferential Duty Depends on Strict Origin and Direct Consignment Compliance

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News

Delhi Air Pollution: Supreme Court to Pass Only Enforceable Orders, Says CJI Surya Kant

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Supreme Court Issues Notice on Plea Challenging Changes to Banke Bihari Temple Darshan Timings, Ritual Practices

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Supreme Court Declines to Entertain PIL against Government and Indigo, Directs Petitioner to Pursue Remedies Before Delhi High Court

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Courtroom Sparks Fly as Mr. Sibal and SG Tushar Mehta Lock Horns Over Mahesh Langa’s Bail; SC Grants Interim Bail

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Supreme Court Grants Interim Protection to Kerala Private Hospitals Against HC Directions on Display of Services and Rates

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SC Issues Notice to Lok Sabha, Rajya Sabha Secretariats on Plea Challenging Impeachment of Justice Yashwant Verma

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SC Weighs Continuation of Interim Protection in Bank ‘Fraud’ Cases Post Rajesh Agarwal; Seeks Procedural Clarity

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National Herald Case: Delhi Court Dismisses ED’s PMLA Complaint Against Sonia, Rahul Gandhi

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SC Examines Special Courts for Gangster Trials; Notes 16 Dedicated Courts Coming Up in Delhi

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Shardul Amarchand Mangaldas advises Tata Steel Limited on its Acquisition of Stake in Thriveni Pellets Private Limited

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CLAT 2026 Results Declared

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Goa Nightclub Fire Case: Delhi Court Grants Goa Police Two-Day Transit Remand of Luthra Brothers

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Supreme Court Collegium Approves Appointment of Two Judicial Officers as Judges of Punjab and Haryana High Court

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Supreme Court Transfers Suo Motu Case on RG Kar Hospital Doctor’s Rape and Murder to Calcutta High Court

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Delhi HC Treats Petition on Lawyer Empanelment as Representation, Grants 3 Months for Action

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Delhi High Court Declines to Entertain Fresh PIL on IndiGo Crisis; Directs Petitioner to Intervene in Pending Matter

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Delhi Air Pollution: SC Asks MCD to Consider Temporary Suspension of Toll Collection at 9 Entry Points

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Supreme Court Restores Enforcement Against Old, High-Polluting Vehicles in NCR; Relief Limited to BS-IV and Above

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Supreme Court Dismisses Plea Challenging Bombay High Court’s Kolhapur Circuit Bench

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Supreme Court Grants Interim Protection to TADA Convict Pending Fresh Decision on Remission

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Supreme Court Collegium Recommends Transfer of Justice Soumen Sen as Chief Justice of Kerala High Court

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Supreme Court Collegium Recommends Appointment of Chief Justices in Five High Courts

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Elephant Corridor Case: Petitioners Challenge Madras HC Ban on Commercial Activity, Seek Tagging of Connected Matters

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Delhi HC Seeks Customs Reply on IndiGo’s ₹900 Crore Refund Plea Over Re-Import Duties

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Supreme Court to Hold Special Vacation Sitting on December 22 for Urgent Matters: CJI

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SC Stays Bombay HC Order on Shani Shingnapur Trust; Appoints Aurangabad Commissioner as Administrator

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Ink & Insight

[Ink & Insight] Liquidated Damages Across Jurisdictions: Evolving Standards Of Proof And Proportionality

By Gunjan Chhabra and Bharat Sharma

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Roundup

Weekly Bulletin [8th – 14th December, 2025]

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