Case Highlights


"...what was protected under Article 25 was the religious faith and not a practice which may run counter to public order, health or morality. Polygamy was not integral part of religion and monogamy was a reform within the power of the State under Article 25. This Court upheld the views of the Bombay, Gujarat and Allahabad High Courts to this effect. This Court also upheld the view of the Allahabad High Court upholding such a conduct rule. It was observed that a practice did not acquire sanction of religion simply because it was permitted. Such a practice could be regulated by law without violating Article 25..."...

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Article Highlights

High court dismisses case over high ATM fees

Supreme Court dismisses case involving accusations that Visa, MasterCard illegally fixed ATM prices
The Supreme Court has dismissed a case it took up earlier this year involving accusations that Visa and MasterCard illegally fixed ATM prices. The credit card companies wanted the justices to overturn a lower court ruling that said the antitrust case could move forward. The high court agreed to hear their appeal in June.

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High Court clarifies the position as regards claiming damages based on an extrapolated sample

Claiming damages based on extrapolated sample
There is a lot to take from this judgment. It offers a reminder of why it is so important to agree and document the value of changes and variations contemporaneously and serves as a cautionary tale for employers considering whether to withhold or deduct sums from a contractor prior to it having established and tested the robustness of what is said to form the basis for the deduction. However, perhaps the most interesting part of this judgment can be found in the court's commentary on the County Councilís use of statistical sampling and extrapolation for the purposes of converting what was, on one level, a fairly standard and modest defects counterclaim into a very significant claim.

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