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Mechanical Compliance Of Stipulations U/Sec 63 Indian Succession Act Does Not Prove Execution Of Will

   02 December 2021 at 18:06

KEY TAKEAWAYS When an unprivileged Will is in question the requirements laid down in section 63 must be complied. Sheer mechanical submission is not sufficient to succeed under section 63 of The Succession Act of 1925. When a matter in appeal stage c ..

Posted in Others |   7 Views

Mere Non-Availability Of Operation Theatres When Patient Was Taken For Surgery Not Medical Negligence On Part Of Hospital : SC

   02 December 2021 at 18:06

KEY TAKEAWAYS Recently, on Tuesday, the Supreme court observed that solenon-availability of operation theatres during an emergency can not be considered as negligence on the hospital’s part.DETAILS Name of the case : Bombay Hospital and Medical ..

Posted in Others |   8 Views

Irregularity In Order Taking Cognizance Will Not Vitiate Criminal Proceedings, Says SC

   02 December 2021 at 17:07

KEY TAKEAWAYS The Supreme Court on 29th November, while deciding an appeal against a judgement of the Karnataka High Court held that the special court does not have the power to take cognizance of an offence under the MMDR Act in the absence of a spe ..

Posted in Others |   12 Views

Section 362 CrPC Does Not Empower Court To Suo Motu Recall Orders Passed By It : SC

   30 November 2021 at 13:08

KEY TAKEAWAYS The Supreme Court saw that Section 362 of the Code of Criminal Procedure doesn't engage a court to suo moto review the prior order passed by it.DETAILS Name of the case : XXX vs State of Kerala Foundation of the case : The bench inc ..

Posted in Others |   25 Views

Illegal Use Of A Licensed Or Sanctioned Weapon Per Se Does Not Constitute An Offence U/S 27 Of The Arms Act, 1959

   30 November 2021 at 13:08

KEY TAKEAWAYS The Supreme Court has seen that illicit utilization of an authorized or endorsed weapon fundamentally doesn't establish an offense under Section 27 of the Arms Act, 1959, without demonstrating the crime u/s 5 or 7 of the Act.DETAILS ..

Posted in Others |   27 Views

Mere Allegation Of Fraud Without Particulars Not Sufficient To Get Over Bar On Civil Suit Under Section 34 SARFAESI

   30 November 2021 at 13:08

KEY TAKEAWAYS Mere mentioning of wordings such as “Fraud/ Fraudulent” in clever legal drafting does not create an exemption to section 34 of the SARFAESI Act. The “fraud” test must be satisfied in the event if a petition compr ..

Posted in Others |   21 Views

Constitution Provides A Framework For Debate; Nation Evolves Through Debates And Discussions

   29 November 2021 at 09:57

KEY TAKEAWAYS While addressing the Supreme Court Bar Association at the Constitution day event on Friday, the Chief Justice of India N V Ramana, said that most important feature of the Indian Constitution is that it provides a framework for debate. H ..

Posted in Others |   11 Views

Court Duty Bound To Consider Possibility Of Reformation Even If Accused Remains Silent

   29 November 2021 at 09:56

KEY TAKEAWAYS On Friday, a bench consisting of Justices L Nageswara Rao, BR Gavai and BV Nagarathna, permitted the review petitions filed by 2 death-row convicts to change into capital punishment forced on them to life imprisonment for a term of 30 y ..

Posted in Others |   15 Views

Planning To Convert & Obtain An Inter-Caste Marriage Certificate: Think Again

   27 November 2021 at 12:52

KEY TAKEAWAYS The High Court declared that mere conversion of the religion does not give access to inter-caste marriage certificates. The petition was filed by S Paul Raj, pleading to quash the decision given by the District Administration of Salem a ..

Posted in Others |   34 Views

Only Aggrieved Person Can File Plea Before Magistrate Under Section 12

   27 November 2021 at 09:57

KEY TAKEAWAYS In a recent hearing, the Itanagar Bench of the Guwahati High Court held that a magistrate made a mistake in conceding help to a non respondent who was not considered as an aggrieved party for a case recorded under the Protection of Wome ..

Posted in Others |   42 Views

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