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Lawyersclubindia News

No Limitation Period In Case Of A Usufructuary Mortgage: Supreme Court

   13 October 2021 at 23:09

KEY TAKEAWAYS In the case of a usufructuary mortgage, the Supreme Court has stated that there is no limitation period. The above observation was made by a bench of Justices Hemant Gupta and V Ramasubramanian.BACKGROUND The bench was hearing an appeal ..

Posted in Others |   34 Views

Relief Against Third Party Can't Be Claimed In Proceedings Between Husband & Wife Under Hindu Marriage Act

   13 October 2021 at 23:09

Case name and CitationNitaben Dinesh Patel vs Dinesh Dahyabhai PatelCitation: LL 2021 SC 570Key Takeaways In Nitaben Dinesh Patel vs Dinesh Dahyabhai Patel, it was held that amendment can be made to the written statement if facts are brought to lig ..

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Refund Of Stamp Duty Cannot Be Denied On Ground Of Delay If Application Got Belated Due To Judicial Proceedings

   13 October 2021 at 23:09

Case name and CitationMr. Rajeev Nowhar vs Chief Controlling Revenue Authority Maharashtra Case, PuneLL 2021 SC 569Key Takeaways The expression “by any other means” in Section 47 of the Maharashtra Stamp Act, 1958 refers to the stamps bei ..

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Mere Exclusion Of Sibling From Will Isn't A Ground To Suspect Its Genuineness

   13 October 2021 at 23:09

KEY TAKEAWAYS The Supreme Court declared that a testamentary court is responsible to examine and investigate materials produced by the parties to the case rather than basing the trial on ethical reasoning. Unless there is a presence of circumstances ..

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Orissa HC Chief Justice S Muralidhar: We Must Allow Different Ideologies To Coexist And Contribute To The Development Of Constitutional Law

   12 October 2021 at 16:05

KEY TAKEAWAYS “You can imagine the contribution which leftist lawyers, lawyers with leftist leanings, made towards the development of constitutional law”, remarked Orissa High Court Chief Justice S Muralidhar. He pleaded with the legal re ..

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Court Shall Not Help An Absconding Accused Who Is Not Cooperating With Investigation

   12 October 2021 at 16:05

KEY TAKEAWAYS “The court should not intervene in the case of an accused who refuses to cooperate with the authorities and is on the run.” The above stated observation was made by a bench of Justices M R Shah and A S Bopanna while upholdin ..

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Custody Of Child Obtained Fraudulently Is Void Ab Initio

   11 October 2021 at 17:46

Key Takeaways The case of Smriti Madan Kansangra v. Perry Kansangra deals with a guardianship petition filed by Perry Kansagra , father of minor, under the Guardianship and Wards Act 1890, before the District Court. Both the parents sought custody, b ..

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Parties Voluntarily Entering Into Compromise Must Abide By Consequences

   11 October 2021 at 17:46

Key Takeaways The question before the court was that whether parallel prosecutions arising from a single transaction under Section 138 of the NI Act could be sustained. The section specifies the consequences of a dishonoured cheque. In the present ca ..

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Mere Delay In Recording Eye Witnesses' Statement Not Ground To Reject Testimonies

   11 October 2021 at 17:46

Key Takeaways The appellants were accused of assaulting and killing a local fish trader. During the investigation weapons were recovered from the appellant. They were convicted by the trial court and the case was appealed. The appellants contended th ..

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Part Time Employees Can’t Seek Regularization As A Matter Of Right Contrary To Govt’s Regularization Policy

   11 October 2021 at 17:46

KEY TAKEAWAYS On the basis of equal pay for equal labour, the Supreme Court stated that part-time temporary employees in a government-run institution cannot claim salary parity with regular government employees. The above observations were made by a ..

Posted in Others |   16 Views

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