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Magistrate Can Issue Warrant For Recovery Of Defaulted Maintenance U/S 125 CrPC As Arrears Of Land Revenue: Allahabad HC

In a very significant observation, the Allahabad High Court has in a most learned, laudable, landmark, logical and latest judgment titled Rama Nand vs Hira Lal in Second Appeal No. 1698 of 1900 and cited in 2022 LiveLaw (AB) 477 that was pronounced on September 30, 2022 held that the Magistrate has the power to enforce an order of maintenance passed under Section 12..

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Supreme Court Answers the Applicability of Time Frame under Section 11 A of Land Acquisition Act against Acquisition Initiated By Invoking Urgency Provisions under Section 17

A three-Judge Bench of the Supreme Court in a recent judgment adjudged a case concerning the issue of applicability of the time frame contemplated under Section 11 A of the Land Acquisition Act, 1894 to acquisition initiated by invoking urgency provision under Section 17 of the Land Acquisition Act. Section 11 A deals ..

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Karnataka High Court Held, Petitions U/S 24 CPC Can Be Transferred Only During Hardship But Not Due To Inconvenience Caused To Parties

The High Court of Karnataka said that the courts must consider the hardships that might be caused to the parties at the time of deciding an application under Section 24 of CPC for transfer of proceedings from one court to another, rather than looking into the convenience of parties. Single Judge bench presided over by ..

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Process Of Incorporation Of A Company

Key takeaways The Ministry of Corporate Affairs has made sure that not only is the incorporation procedure straightforward, but that the process of registering a company in India is completed more quickly. Incorporating a company, is done with the basic intention that it can own..

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Admission of Appeals As A Condition Precedent To Be Eligible For Settlement Under Vivad Se Vishwas Scheme Is Contrary To Law: Delhi High Court

The Vivad Se Vishwas Scheme was launched in 2020 to settle pending tax disputes in the area of Direct Taxes.  It is an effort to unblock 9.32 trillion rupees  (as of November 30, 2019) that has been blocked by over 483,000 appeals that are pending in several appellate tribunals.  li style="text-a..

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10% Community Quota For Non-Minority, Non-Backward Classes Unconstitutional: Kerala High Court On State's School Admissions Policy

In July 2022, an order issued by the General Education Department along with a prospectus issued by the Directorate was passed. It was put in place to regulate the admission to plus one Private Aided Higher Secondary Schools for the Academic year 2022-23. The G.O. stated that the earlier standard of 30% a href="https:..

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Supreme Court Bans Two-Finger Test In Rape Cases

There goes a well known adage that, "It is better to be late than never". It is really good to see that finally the Supreme Court has decided to go whole hog in cracking the whip on two finger test in rape cases. In a most recent judgment dated October 31, 2022, the Apex Court in a most laudable, landmark, learned and latest judgment titled The State of Jharkhand vs Shailendra Kumar R..

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Constitutionality Of EWS Reservation

Introduction Reservation is a method to provide assistance to the historically disadvantaged groups of the community in the field of education, employment, government offices, and so on. The reservation existed even before the independence of India, in 1882 and 1891 Rajashri shahu the then maharaja of Kolhapur introduced rese..

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Shareholders Meetings And Its Provisions Under The Companies Act 2013

Key takeaways A company's majority ownership and destiny tend to favour the shareholders. The proper and effective conduct of these meetings assesses both the Company's current operations and its long-term goals The meetings give shareholders a chance to voice their opin..

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Supreme Court Held That A Petition Under Section 482 Crpc Cannot Decide Whether Cheque Was Issued For Time-Barred Debt Or Not

The Supreme Court decided the question of whether the cheque issued for a time-barred debt or not be decided under Section 482 CrPC. The bench comprising Justices S. Abdul Nazeer and J. B. Pardiwala held that the question that prevailed was a matter of evidence. The Punjab and Ha..

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Critical Study Of Position Of Promoters In A Company And Their Rights, Liabilities And Duties

INTRODUCTION The word promoter is defined inS.2(69) of Companies Act 2013, as a person who has control over the affairs of the company, as a shareholder, director, directly or indirectly. A promoter is a person whose function is to form a company and set its objective. Judiciary has tried to define the term promoter in the ca..

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An Analysis Of Provisions Relating To Annual General Meeting Under The Companies Act 2013

Key Takeaways A company, requires its members to make every decision after giving it careful thought and exercising prudent judgement, Annual General Meeting is a medium for a company to do so. Companies Act, 2013, establishes a statutory provision on the conduct of the Annual G..

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Bank Account Cannot Be Frozen By Way Of Summons U/S 91 CrPC: Madras High Court Held That Bank Accounts Cannot Be Frozen By Summons Issued Under Section 91 CrPC

The High Court of Madras held that police have no jurisdiction to freeze bank accounts while summons are being issued under Section 91 of CrPC. When summons are issued under that section, the investigating officer can only summon a person to produce documents and other things. Ju..

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Supreme Court Held DNA Tests To Be A Violation Of Privacy Rights And Can't Be Directed As A Matter Of Course : Section 112 Of The Indian Evidence Act Protects Children From Such Allegations

The Supreme Court overruled the decision of a High Court that allowed DNA testing to determine the paternity of two children to verify a claim made by the mother where she stated that she was forced to cohabit and have a physical relationship with her brother-in-law. The appeal arose from a dowry harassment case, where..

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Inner party democratic presidential election of the congress party. Will congress party history be repeated?

Democracy means the government of the people, for the people, and by the people and one of its primary aims is the respect of individuals and idolising of none. For the effective function of democracy, the existence of political parties is inevitable since such parties are the representatives of the political aspirations of the people and as such all political parti..

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