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Lawyersclubindia Articles

Understanding The Position Of Determinable Contracts: Their Relationship With The Specific Relief Act, Amendments, Common Law Perspectives, And Interpretations By Indian Courts Over The Time

  nishtha wadhwa   12 February 2024 at 12:03

INTRODUCTIONWhen a party files a complaint alleging breach of contract in India, it generally has access to two different sets of remedies. First, a party who has been wronged may seek damages to, among other things, put itself in the same financial ..

Posted in Others |   433 Views

Legal Services Provided By Individual Advocate Or A Partnership Firm Of Advocates Are Exempted From Levy Of Service Tax: Bombay HC

  Adv. Sanjeev Sirohi   12 February 2024 at 10:26

In a very significant and most worthwhile notable judgment that is most directly concerned with none other than the advocates themselves, the Bombay High Court which is one of the oldest and so also most prestigious High Courts in India has in a most ..

Posted in Others |   408 Views

Fundamental Right To Travel Abroad Can't Be Curtailed Merely Because Person Failed To Pay Bank Loan: Delhi HC

  Adv. Sanjeev Sirohi   10 February 2024 at 15:34

While ruling on a very significant legal point pertaining to the fundamental right of a citizen to travel abroad, the Delhi High Court in a most robust, rational, remarkable and recent judgment titled Shalini Khanna vs Union of India & Anr in W.P ..

Posted in Others |   361 Views

Examining Trial In Absentia Under The Bharatiya Nagarik Suraksha Sanhita (bnss) In Comparison With The Criminal Procedure Code (crpc)

  LCI   09 February 2024 at 15:52

Kеy Takеaways Thе BNSS providеs a structurеd approach to conducting trials in absеntia, еnsuring fairnеss, duе procеss through mеticulous procеdural rеquirеmеnts and a waiting pеriod bеforе commеncеmеnt. Dеspitе thе dеfеndant's absеncе, thе BNSS ..

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Evolution Of ‘state’ Under Article 12

  Varsha Rajesh   09 February 2024 at 11:12

KEY TAKEAWAYS Article 12 defines the term 'State' as used in different Articles of Part III of the Constitution. The definition in Article 12 is only for the purpose of application of the provisions contained in Part III. Elucidating certain ..

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Bnss Series: Changes Relating To Provisions Of Bail

  LCI   09 February 2024 at 11:12

Chapter XXXV of the BNSS deals with the provisions relating to bail. Chapter XXXIII of the CrPC used to deal with the provisions relating to bail. While most of the BNSS provisions are identical to the corresponding provisions of CrPC, some major cha ..

Posted in Others |   917 Views

Preventive Detention Should Not Be Allowed Merely Because Accused Is likely To Get Bail: J&K&L HC

  Adv. Sanjeev Sirohi   07 February 2024 at 15:16

While taking the most pragmatic, pertinent and progressive stand, the Jammu and Kashmir and Ladakh High Court in a most learned, laudable, logical, landmark and latest judgment titled Muyeeb Shafi Ganie vs Union Territory of J&K and Anr in WP (Cr ..

Posted in Others |   271 Views

Res Gestae -a Judicial Analysis

  anjali tamrkar   07 February 2024 at 12:36

KEY TAKEAWAYS Res Gestae is a Latin phrase that loosely translates to "things done," "transaction facts," "explanatory of an act," or "demonstrating a motive for acting." It includes words and actions that are ..

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Leading Questions

  Varsha Rajesh   07 February 2024 at 12:36

“A leading question is a leading one when it indicates to the witness the real or supposed fact which the examiner expects and desires to have confirmed by the answer.”-Jeremy BenthamKEY TAKEAWAYS Leading questions are those that suggest ..

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Exploring the Rise of Birth Injury Cases in the UK

  Yaksh Sharma   07 February 2024 at 12:32

In recent years, there has been a noticeable uptick in the number of birth injury cases brought before the courts here in the UK. ..

Posted in Others |   73 Views