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Lawyersclubindia News

Summoning Of An Accused Is A Serious Matter; Magistrate Has To Record Satisfaction About Prima Facie Case, Says SC

   29 September 2021 at 11:54

KEY TAKEAWAYS Chairman, Directors can't be held vicariously liable for criminal acts of a company without stating specific individual roles. The Court held that the Magistrate has to record the role played by directors in their respective capacit ..

Posted in Others |   65 Views

Guwahati HC Grants Bail To UAPA Accused Booked For Glorifying Tehreek-E-Taliban

   28 September 2021 at 15:52

KEY TAKEAWAYS Maqbool Alam had supported the terrorist organization, which carried out a war against the Afghan government and its citizens by violent means, through a Facebook post. He was booked under various sections of the Indian Penal Code for a ..

Posted in Others |   50 Views

Collection Of OBC Information In Census 2021 Not Feasible: Centre Tells SC Opposing Maharashtra's Plea

   25 September 2021 at 18:26

KEY TAKEWAYS The exclusion of any caste other than Scheduled Caste & Scheduled Tribe from purview of Census is a conscious policy decision taken by Central Government Sharing of census data of OBCs collected by Centre upon direction from Court to ..

Posted in Others |   76 Views

A Caretaker/Servant Can Never Acquire Interest In Property Irrespective Of His Long Possession: SC

   22 September 2021 at 11:38

KEY TAKEAWAYA caretaker/servant cannot acquire an interest in a property regardless of its long possession. The caretaker or agent holds the property of the principal on behalf of the owner. He does not have any right or interest in the same property ..

Posted in Others  1 comments |   109 Views

Employee Who Made False Declaration/ Suppressed Involvement In Criminal Case Not Entitled To Appointment/Continue In Service As A Matter Of Right: SC

   20 September 2021 at 17:26

KEY TAKEAWAYS The Supreme Court in a recent case said that an employee who made false or suppressed evidence in a criminal case will not be entitled to continue in service as a matter of right. This judgement set aside the verdict of Rajasthan High C ..

Posted in Others |   76 Views

Failure Of Accused To Discharge Burden U/S 106 Of Evidence Act Irrelevant If Prosecution Is Unable To Establish Chain Of Circumstances: SC

   18 September 2021 at 15:16

KEY TAKEAWAYS The Supreme Court has held that failure to discharge burden under section 106 of the Evidence Act may provide a link to the chain of events but is not applicable to a case concerning circumstantial evidence where the prosecution can' ..

Posted in Others |   50 Views

Delay In Conducting Disciplinary Enquiry Does Not IPSO Facto Vitiate It: SC

   13 September 2021 at 10:56

KEY TAKEAWAYSThe SC in State of Madhya Pradesh vs Akhilesh Jha held that delay in conducting an inquiry does not vitiate it or make it void. It must be shown that prejudice has been caused on the basis of all the circumstances of the case. Prejudice ..

Posted in Others |   79 Views

Bias And Malicious Prosecution Cannot Be Ruled Out: Calcutta HC

   07 September 2021 at 17:51

KEY TAKEAWAYS Suvendu Adhikari, the Leader of Opposition in the West Bengal assembly, has been named in the FIR in three cases, including the death of his bodyguard. The Calcutta High Court on Monday ordered a stay of proceedings in these three cases ..

Posted in Others |   51 Views

Age Relaxation Can't Be Claimed On The Basis Of Chief Minister's Tweet: Punjab & Haryana HC

   06 September 2021 at 17:47

KEY TAKEAWAYS In a case before Punjab and Haryana High Court, the petitioners sought upper age relaxation to apply for police sub-inspectors’ post based on Punjab CM’s tweet. The court held that upper age limit can be increased only by am ..

Posted in Others |   39 Views

Supreme Court Explains Applicability of Res Judicata Between Co-Defendants

   06 September 2021 at 17:47

CASE BACKGROUND Plaintiffs, legal heirs of Late S.V. Srinivasulu Naidu filed an application before the Special Court, Hyderabad under Section 8 of the Andhra Pradesh Land Grabbing (Prohibition) Act,1982, alleging that their land was grabbed by the Un ..

Posted in Others |   239 Views

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