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Presumption Which Arises On Signing Of Cheque Cannot Be Rebutted Merely By Report Of Hand-Writing Expert: SC

While clearing the air on a very significant issue, the Supreme Court has in an extremely laudable, learned, landmark and latest judgment titled Oriental Bank of Commerce vs Prabodh Kumar Tewari in Criminal Appeal No 1260 of 2022 (Arising out of SLP (Crl) No 9836 of 2019) in exercise of its criminal appellate jurisdiction pronounced recently on August 16, 2022 has observed that a drawer who sig..

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SC/ST Act: Offence Under Section 3(1)(u) Attracted Only When Committed Against Community's Members 'As a Group': Madras High Court

Facts  In his complaint to the Special Court under Section 156(3) of the Criminal Procedure Code, Dr. R. Radhakrishnan claimed that the department head had accused him of misbehaving with female students and other misdeeds in a letter to the university.  He claimed that Dr. Rit..

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Second Anticipatory Bail Plea Maintainable If Reason For Rejection Of First Bail Plea Has Been Washed Off: Allahabad High Court

Facts  Anurag Dubey was charged with violating IPC Sections 147, 148, 149, and 307. The Court had rejected his initial request for bail because a proclamation under Section 82 of the Criminal Procedure Code had been issued against him designating him as a fugitive.  The High Co..

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Leave Deductions Tend To Fluctuate, Can't Be Considered In Computing Maintenance U/S 125 CrPC: Rajasthan HC

Facts of the case  The husband-applicant filed the current application to contest the High Court's decision upholding the Family Court's order and increasing the maintenance payments due by the applicant to the non-applicants, namely the wife (from Rs. 50,000 to Rs. 75,000) and their minor son (from Rs. 20,000 to..

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How To Hire Perfect Personal Injury Lawyer For You

Anyone who has ever had injuries through no fault knows an accident victim's pain, stress, and financial burdens. It can not be easy to think about where to turn when you are injured or harmed in an accident. That’s why choosing the right personal injury lawyer is so important. An a href="https://www.rafilawf..

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Bonded Labour: An Analysis Of Constitutional Provisions

Introduction Bonded labour is debt bondage and is a form of slavery that has been practiced for ages. It is known as the worst form of modern slavery and is a profitable business as most of the labourers are made to work for maximum time with minimal payment. It also includes forced work by an employer for a fixed time withou..

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Whether Compensation Is Necessary To Help The Victim Get Better Should Be Recommended By The Magistrate And Sessions Judge In The Judgement: HC Of Karnataka

According to the Karnataka High Court, when rendering final judgments following the conclusion of a trial, the Magistrate and Sessions Judge should decide whether or not it is necessary to recommend the payment of compensation for the victim of a crime's rehabilitation under Section 357A of the Criminal Procedure Code. Bac..

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DRT Can Impose Cost But Not Other Stringent Conditions While Restoring Application U/S 22(2)(g) RDB Act: Madhya Pradesh HC

Facts The Tribunal dismissed the Petitioners' Securitization Application for lack of prosecution. The Petitioners then filed a request to have the same restored. While considering the petitioners' case, the Tribunal placed demands on them, if met, would result in the reinstatement of their application. The list goes a..

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Manual Scavenging Laws: An Analysis

Introduction Manual scavenging is the practice of removing human excreta by hand from sewers or septic tanks. India banned the practice under the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (PEMSR). This manual scavenging is not just a highly disgusting job but also detrimental to the ind..

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The Bombay High Court's Nagpur Division Has Sent A Divorce Case Back To The Family Court After The Latter Granted Divorce Without Ruling On The Wife's Interim Motion For Maintenance Pendente Lite

Facts of the case  The respondent and appellant are a married couple with two kids. The appellant moved in with her mother in Nanded as a result of a marriage conflict. The husband claimed that his wife had been cruel to him and his family in his divorce petition to the Family Court in Akola. In accordance with section 2..

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Force And Compulsion At The Instance Of Accused Must Be Established To Attract Offence U/Sec 16 Bonded Labour System (Abolition) Act, 1976

Facts of the case  The Madras High Court found the accused guilty in this case under Sections 16 and 17 of the Bonded Labor System (Abolition) Act, 1976, overturning the Trial Court's decision of acquittal.  It was determined that there is enough proof that "Bonded Lab..

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Supreme Court Sentences Malvinder Singh & Shivinder Singh To 6 Months Imprisonment For Flouting Orders In Daiichi-Ranbaxy Case

Malvinder Singh and Shivinder Singh, the former promoters of Ranbaxy, were today condemned to 6 months in prison and told to pay a fine of Rs 5000 each within a period of 4 weeks by a Supreme Court panel consisting of Chief Justice U. U. Lalit, Justice Indira Banerjee, and Justice K. M. Joseph.  Facts  p sty..

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Strengths And Weaknesses Of The Indian Judiciary

Introduction  The Preamble speaks of “We, the people of India '' resolving to secure inter alia “Justice – social, economic and political” to “all its citizens” and hence the judiciary becomes highly essential. A nation without a Judiciary will never see justice, will never hav..

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Any State Enactment Related To Agricultural Land Tenures Is Special Law : Supreme Court Upholds Section 50(a) Delhi Land Reforms Act, 1954

Section 50 of Delhi Land Reforms  Section 50 provides that when a Bhumidhar or Asami being a male dies, his interest in his holding shall devolve in accordance with the order of the succession given below Male lineal descendants in the male line of the descent: Provided that..

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When Deciding On A Revision Petition On Tuesday The Kerala High Court Noted That Section 357(1)(B) Of The Crpc Requires The Court To Order The Payment Of Compensation From The Fine Amount In Cases Involving Violations Of Section 138 Of The NI Act

Case Title Sanil James v. State of Kerala &Anr. Facts of the case  The Revision Petition was filed to contest the revision petitioner's conviction and sentence in a case brought against him under Section 138 of the Negotiable Instrume..

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