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ITAT Not Empowered To Recall Its Own Order: Supreme Court

KEY TAKEAWAYS The Supreme Court in Commissioner of Income Tax (IT-4), Mumbai vs Reliance Telecom Limited, observed that the Income Tax Appellate Tribunal is not empowered to invoke its own orders under Section 254(2) of the Income Tax Act. The Court is not to go into the merits ..

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Right Against Sexual Harassment Part Of Right To Life And Dignity Under Article 21

KEY TAKEAWAYS Recently, the Supreme Court saw that the right against sexual harassment is vested in all people as a part of their right to life and right to dignity under Article 21 of the Constitution. The Court focused on that as it is significant that the soul of this right i..

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Claim Of Juvenility Can Be Raised Before Any Court, At Any Stage, Even After Final Disposal Of The Case

KEY TAKEAWAYS The Supreme Court recently observed that the claim of juvenility can be raised before any Court, at any stage, even after the final disposal of the case. The bench consisting Justices Indira Banerjee and JK Mahseshwari stated that if the Court finds a person to be ..

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Do Not Insist On Ration Cards For Distributing Dry Ration To Sex Workers

KEY TAKEAWAYS Recently, the Supreme Court stated that, since it is difficult for sex workers to have a identity proof, all states and union territories must provide dry ration to sex workers without asking for ration cards. DETAILS li style="text-align: j..

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Section 138 Applicable When Debt Incurred After Cheque Drawn But Prior To Encashment: SC

KEY TAKEAWAYS The Supreme Court recently ruled that Section 138 of the Negotiable Instruments Act shall apply in cases where a debt is accrued after a check is drawn but before it is cashed. The appellants contended that a cheque issued as security is not legally enforceable./l..

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Section 202(2) Crpc Inapplicable To Complaints U/S 138 NI Act In Respect Of The Examination Of Witnesses On Oath

KEY TAKEAWAYS The Supreme Court emphasized that the Section 202(2) CrPC is unimportant to protests under Section 138 in regard to the assessment of observers on pledge. DETAILS Name of the case : Sunil Todi vs State of Guja..

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Liability To Maintain Child Lies With The Father Till Child's Adulthood

KEY TAKEAWAYS Father is liable to maintain the minor child till adulthood: Supreme Court Section 125(b) provides, inter alia, that a father must maintain his minor child irrespective of the child's marital status. Furthermore, Section 125(c) provides that a father is also re..

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Part 2: RJS 021( Set B) Questions Answer With An Explanation

Click here for Part 1: RJS 2021( Set B) Questions Answer With An Explanation Q51. Where an offence under The Juvenile Justice Care and Protection of Childre..

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

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 contracts is applicable to all part..

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

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 Pra..

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

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 o..

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

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. Schools have been closed ti..

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RJS 2021( Set B) Questions Answer With An Explanation

Q.1 Under the provision of the Specific Relief Act, 1963, when a part of a contract which, taken by itself , can and ought to be specifically performed, stands on a separate and independent footing from another part of the same contract which cannot or ought not to be specifically performed, then:- Answer: The court may dire..

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All About Notary

Key Takeaways Notarizing legal documents helps to avoid fraud by ensuring that transactions are conducted appropriately. The Notaries Act of 1952, as well as the Rules promulgated under it, govern the profession of notary in India. A Notar..

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Legal Aid: A Provision For Benefits Of The Needy

Key Takeaways The majority of people are unaware about the legal system in place in the country, as well as their constitutional rights. The right to be provided counsel at the government's expense was emphasised in the 14th Law Commission Report. li style="text-alig..

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