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“Eenie Meenie Miney Mo” Politics Would Cost Credibility Of Government Contracts And A Major Blow On Macroeconomics

   04 December 2021 at 13:32

KEY TAKEAWAYS When the State is bringing up allegations of financial loss or defence through public interest onus vests on the State and it is bound to produce evidence in material facts and numbers. Fairness and bona fide standard embedded in contra ..

Posted in Others |   18 Views

A Rape Accused Can Be Convicted On Sole Testimony Of Prosecuterix If She Is Found To Be Credible And Trustworthy

   04 December 2021 at 13:32

KEY TAKEAWAYS The Supreme Court recently stated that a rape accused can be convicted solely based on the words of the prosecuterix if she seems to be trustworthy.DETAILS Name of the case: Phool Singh vs State of Madhya Pradesh For this case, one of t ..

Posted in Others |   24 Views

Resolution Process Has To Be Completed Within The Period Stipulated U/SEC 12 IBC : Supreme Court

   04 December 2021 at 13:32

KEY TAKEAWAYS The Supreme Court said that the whole resolution process must be finished inside the period specified under Section 12 of the Insolvency and Bankruptcy Code.DETAILS Name of the case : Committee of Creditors of Amtek Auto Limited through ..

Posted in Others |   16 Views

Following The Supreme Court's Critical Remarks, The Air Quality Commission Forms A Task Team To Enforce The Issued Directions

   04 December 2021 at 13:32

KEY TAKEAWAYS In response to the remarks made by the Supreme Court with respect to the inefficiency of the Government in controlling the pollution in the capital city, the Government has constituted a task-force for ensuring compliance with the rules ..

Posted in Others |   18 Views

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  1 comments |   318 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  1 comments |   273 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 |   16 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 |   28 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 |   29 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 |   25 Views

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