Law & Behold Gaurav Pathak
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- Government
Presently on Hold. Law & Behold is a legal podcast presenting recent and interesting judgments from courts in India. Listen to a fascinating story of a case that has been decided by the Supreme Court of India or one of the High Courts. A primer on legal education, the podcast is presented in Hinglish, and is suited for everyone interested in learning the nuances of law. Show Notes contain case name, case number and citation.
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Gaming: Regulation and Data Protection ft. Abhishek Malhotra
In this Bonus Episode of Law and Behold, I interview Mr. Abhishek Malhotra, Managing Partner of TMT Law Practice on different aspects of Gaming Laws. Tune in to discover the history of Gaming Laws, why Intellectual Property matters in Gaming, the role of data protection in Gaming and lots more.
R. M. D. Chamarbaugwalla vs The Union Of India: https://indiankanoon.org/doc/725224/
Madras HC Judgment: https://drive.google.com/file/d/1V2i7MRord5ucSgsHhBkitNJe4X4CH_CV/view?usp=sharing
Delhi HC Judgment: https://drive.google.com/file/d/1Xv1HUE4HFUvp7vULVd0YosIbTeEpwfb_/view?usp=sharing
India United States Mutual Legal Assistance Treaty: https://drive.google.com/file/d/17MI7qV8LQpSXqqdKkUKTOVZhwIjEO986/view?usp=sharing
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Kidnapping for Ransom: 364A IPC
Prateek Gupta, was a student in VIth standard in St. Mary’s High School, Rezimental Banzar, Secunderabad, Hyderabad was kidnapped on his way back home. The Police arrested the kidnapper named Sheik Ahmed, and he was convicted under Section 364A IPC by the Sessions Court. Ahmed’s appeal before High Court was dismissed, but the Supreme Court found in his favour. Tune in to know why!
Cause Title: SHAIK AHMED VERSUS STATE OF TELANGANA LNIND 2021 SC 180
Case Number: CRIMINAL APPEAL NO.533 OF 2021
Court: Supreme Court of India
Citation: LNIND 2021 SC 180
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Reservation in Promotion
Leesama Joseph was appointed in 1996 to the post of Typist/clerk in the Police Department on compassionate grounds, after her brother had passed away during service. She undisputedly suffered from Post Polio Residual Paralysis (L) Lower Limb and her permanent disability had been assessed at 55%. Leesama was promoted to the position of Upper Division Clerk and Cashier, but she initiated a litigation claiming that she was entitled to reservation in promotion on account of her disability, and therefore should get her benefits from a back date, i.e. the date she became entitled for promotion.
The Kerala Administrative Tribunal declined her plea but the High Court decided in her favour.
Tune is as we see how the Supreme Court interpreted Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. We also explore if a legislative provision can become a fetter for implementation of the same legislation? Why is it so difficult to bring about a societal change, and how should a statute be interpreted to give out its most comprehensive meaning.
Cause Title: THE STATE OF KERALA & OTHERS VERSUS LEESAMMA JOSEPH
Case Number: CIVIL APPEAL NO. 59 OF 2021
Court: Supreme Court of India
Citation: LNIND 2021 SC 181
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Deportation
Government of India submitted an undertaking in 1994 to not deport Sri Lankan Tamils to Sri Lanka against their wishes. Does that undertaking still stand in 2021? Tune in as we unravel the case of Bhaskaran and his quest for a Swiss Visa!
Cause Title: THAMARAI VERSUS THE UNION OF INDIA AND OTHERS
Case Number: H.C.P. NO.1456 OF 2020,CRL.M.P. NO.5133 OF 2020,W.P. NO.11754 OF 2021,W.M.P. NOS.12516 & 12517 OF 2021
Court: Madras High Court
Citation: LNINDORD 2021 MAD 292
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Taxing Religious Institutions
Does the exemption provision in Kerala Building Tax Act, 1975 apply to building housing nuns and students? Tune in as we discover why cases are decided so long after they are admitted. What are the different rules for interpreting tax laws, and the different methods to use them.
Cause Title: Government of Kerala and Another Versus Mother Superior Adoration Convent
Case Number: Civil Appeal No. 202 of 2012
Court: Supreme Court of India
Citation: 2021 SCC OnLine SC 151
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Externment
What is externment? What are the necessary features of an externment order. Tune in as we discover what the Bombay High Court said on this issue.
Cause Title: Ranjit Kumar Veeran of Mumbai v. Deputy Commissioner of Police, Zone XII
Case Number: Criminal Writ Petition 356 of 2021
Court: High Court of Judicature at Bombay
Citation: LNIND 2021 BOM 209
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