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Peaceful Protest in India

Introduction Peaceful protest is a fundamental right in many countries around the world, and is often used as a means for individuals and groups to express their grievances and demands for change.   The right to peaceful protest has a long history in India, dating back to the country's struggle for independence from British colonial rule. The Indian independence m..

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Munsiff Magistrate Trainee is not a Judicial Officer and is not barred from being appointed as a District Judge after seeking permission: High Court of Kerala

The Kerala High Court ruled that it would not be a barrier to a person's appointment to the position of District Judge if they had merely been a Munsiff-Magistrate trainee on the date their application for appointment as such was submitted or on the date they were appointed as such. In a petition contesting the appointment of A.V. Telles, the third respondent, because he had been ..

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After the presentation of the chargesheet, default bail may be cancelled on grounds other than default: Supreme Court

The CBI's appeal seeking the cancellation of bail for T Gangi Reddy, the primary suspect in the murder of YS Vivekananda Reddy, a former Kadapa MP and the uncle of current AP chief minister YS Jagan Mohan Reddy, was referred to the Telangana high court by the Supreme Court. AP high court rejected the CBI's argument. While granting the CBI's argument and instruc..

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The 'Last Seen' Situation Cannot Be The Only Ground For Conviction: Murder suspect cleared by the Supreme Court

The Supreme Court stated that a court should not condemn an accused solely based on the "last seen" scenario while overturning the concurrent conviction of a murder suspect. The bench of Justices S. Ravindra Bhat and P S Narasimha stated that the "last seen" doctrine has limited validity if there is a short time lapse between the time the deceased was last seen wit..

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Indian Circumstantial Evidence History

Introduction  Circumstantial evidence is evidence that suggests a fact or a set of facts from which a fact-finder can infer another fact. It is indirect evidence and does not directly prove the fact in question. For example, if a person is found with a weapon at the scene of a crime and has no explanation for it, this would be circumstantial evidence that they were involved in ..

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Last seen theory under Evidence Act

Introduction:  In the words of the Honorable Supreme Court, "Perfect proof is seldom to be acquired in this imperfect world and absolute certainty is a fallacy," as stated in the case of Ramanand v. State of Himachal Pradesh (1981). The idea of circumstantial evidence develops because the court must rely on indirect evidence to make decisions in each case where direct..

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Analysis of Order VII CPC

KEY TAKEAWAYS The Code of Civil Procedure, 1908 (CPC) is the legal framework that governs and manages civil cases in India. Order 7 of CPC 1908 defines the particulars of the plaint, particulars to be contained in money suit, when immovable property is the subject matter of the suit and much more regarding plaint.  O..

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What Are Netanyahu's 'Judicial Reforms,' Which Have Sparked Hundreds Of Protests In Israel?

However, under the current legislation, the panel would be increased to 11 members, and each appointment would require only a simple majority of six votes to be approved. Parliamentarians and Cabinet ministers would be raised to three each, and attorneys would be replaced by two "public personalities," only one of whom would be a lawyer. With 7 of the panel members..

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After Signing A Contract, A Party Is Prohibited From Contesting The Amount Imposed By It, According To The Supreme Court.

According to the Supreme Court, the parties cannot contest the amount of consideration stipulated in a contract if they sign it and issue an undertaking in compliance with its conditions. The subject of whether a party to a contract has the right to contest the amount of consideration after signing the contract was brought before the Supreme Court bench made up of Justices S. Ravindra..

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The Supreme Court Ruled On Section 24(2) Of The RFCTLARR Act, Which States That "The Benefit of Lapse is Not Available If The Delay In Taking Possession Was Due To Pending Litigation."

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act of 2013's Section 24(2) does not grant the original owner of the land the benefit of lapse, according to a ruling by the Supreme Court bench made up of Justices MR Shah and CT Ravi Kumar. Facts   The Appellants in this civil appeal, the Government of the ..

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Analysis of Section 432 under CrPc

Introduction: Execution, suspension, remission, and commuting of sentences are all covered in detail in a complete chapter of the Code of Criminal Procedure, 1898. The Criminal Procedure Code of 1973 (CRPC) gives the government the authority to suspend, remit, or commute a sentence that has been imposed on him by any court for any offence. The appropriate government may do so with o..

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All about Law of Estoppel

Introduction: According to Section 115 of the Indian Evidence Act of 1872, estoppel occurs when one person, through an act, omission, or declaration, has convinced another person that something is true and convinced them to take action based on that belief. The truth of that statement cannot under any circumstances be disputed by that individual or his representative in the lawsuit ..

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Section 437 of Indian Penal Code 1860

KEY TAKEAWAYS Indian Penal Code 1860 covers all criminal offences and anybody found guilty of such offences they will be penalised under this Code 1860. Chapter XVII of Indian Penal Code 1860 specifies offences committed against property which are compressed under sections 378 to 462 Section 437 of Indian Penal Code 1860 defines a person causing damage with the i..

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Uniform Age For Marriage

Introduction & History of Uniform age of marriage in India The history of the uniform age of marriage in India dates back to the early 20th century, when the British colonial government passed the Child Marriage Restraint Act in 1929. This law set the minimum age for marriage at 14 for girls and 18 for boys, with the goal of preventing child marriages. After independence, in 197..

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All About Order VIII CPC

KEY TAKEAWAYS Civil Procedure Code 1908 lays down the procedure which governs the civil function of the court.  Order VIII of CPC specifically talks about what are written statements, counterclaims and setoff. Along with these it also describes how new facts should be pleaded, what are specific denial and evasive denial./l..

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