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Constitutional Obligation On Judiciary

Key Takeaways It is the sole responsibility of the Supreme Court of India and the various High Courts to protect the fundamental rights of the citizens in our country and uphold constitutionalism. Hence, that wide powers were needed to be given to the courts of law so that they would be able to exercise the function a..

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S.149 MV Act: Vehicle Owner Not Liable If He Was Of Bona Fide Belief Regarding Genuineness Of Driver's License: Kerala High Court

The Kerala High Court on Thursday held that when the owner of a vehicle is satisfied that the driver has a license and is driving competently, there would be no breach of Section 149(2)(a)(ii) of the Motor Vehicles Act, and hence the Insurance Company would not be absolved from their liability to compensate the victim. Section..

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The Madhya Pradesh High Court Recently Held That A Bank Cannot Backout From Implementing The One Time Settlement (OTS) Offer It Had Proposed, After It Was Accepted By The Borrower

Facts of the case Facts of the case were that the Petitioner, in the capacity of the Director of a company, stood as guarantor for a loan advanced by the Respondent Bank and had mortgaged his immovable property for the same.  The loan was later declared as Non-Performing As..

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Order XLI Rule 3-A CPC: Failure To File Appeal With Application For Condonation Of Delay Curable Defect, Can Be Filed Subsequently J&K&L High Court

FACTS  A plea under Article 227 was made, in terms of which the petitioner assailed an order passed by Principal District Judge, Bandipora on an Interim Application arising out of an appeal.  Prayer was made for dismissal of appeal and application for grant of interim relief fi..

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Section 278 CrPC: Orissa High Court Answers In Negative To Whether Witnesses Can Seek Correction In Evidence After Signing Deposition Sheet

The High Court of Orissa had held that a witness cannot be allowed to seek correction or modification of his/her deposition statement after he affixes his sign on deposition sheets once the evidence or statements were read to him, and those that are recorded by chief-examination and cross-examination. A single Judge Be..

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Celebrity Rights Under IPR Law

TABLE OF CONETENTS Key Takeaways Introduction Celebrity Rights Personality Rights Privacy Rights Publici..

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Violation Of 'Moral Code Of Conduct' No Ground To Declare Election As Void U/S 100 Of Representation Of People Act: MP High Court

Facts  The returning election candidate/Respondent was accused of violating the moral code of conduct by the Petitioner, who filed the election petition. It was argued that the Respondent gave unpleasant comments to divide two communities along religious and racial lines, giving him an advantage over the Petitioner in th..

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Judicial Magistrate Can Take Cognizance Even Against Persons 'Not Charge-Sheeted' For Offences Exclusively Triable By Court Of Sessions: Orissa HC

It was therein noted that the earlier judgments of the Supreme Court in Raj Kishore Prasad v. State of Bihar, Ranjit Singh v. State of Punjab and Kishori Singh v. State of Bihar had held that when an offence exclusively triable by the Court of Sessions is alleged to have been committed and the matter isinvestigated, the Magistrate has to go by the person named in th..

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S.135 Trade Marks Act | Scope Of Granting Interim Injunction Is Limited, Vigil & Caution Must While Granting Ex-Parte Relief: Kerala High Court

Section 135 of Trade Mark Act  Relief in suits for infringement or for passing off.— The relief which a court may grant in any suit for infringement or for passing off referred to in section 134 includes injunction (subject to such terms, if any, as the court thinks fit) and a..

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Need For Electoral Reforms In India

Key Takeaways The electoral process and the election system form the base for a strong constitutional foundation. The free and fair elections are fundamental basis for success of democracy. Electoral reforms refer to introduction of best practices in ensuring better responsible ..

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Gujarat High Court Upheld That An Order Of Inquiry Under Section 26 Of The Competition Act, 2000 Does Not Affect Parties' Rights And The Opportunity Of Hearing Is Not Mandatory

The High Court of Gujarat held that inquiry under Section 26 of the Competition Act, it was stated that there is no violation of the parties rights and issuing the opportunity of a hearing shall not be mandatory. [Case Title: M/S. SHREE SHIVAM CORPORATION THROUGH ITS SOLE PROPEIRTOR MR. PRAHLAD DURLABHJIBHAI JOSHI v/..

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Not Necessary To Give Opportunity Of Hearing To Would-Be Accused Before Court Makes Complaint U/Sec 195/340 CrPC : Supreme Court

What are Section 195 and 340 of Criminal Code Procedure In order to initiate proceedings under Section 340 of the CrPC, first of all, a prima facie offence via evidence and statements shall be established in the case. This means that all the material produced before the court shall be clear on the face of it. p style=..

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Supreme Court Allows Amendment Of BCCI Constitution; Cooling Off Period Only After Two Consecutive Terms At BCCI Or State Association For Respective Levels

The Supreme Court on Monday allowed the BCCI to amend its Constitution pertaining to cooling-off period for its office bearers, clearing the way for extension of the terms of BCCI president Sourav Ganguly and secretary Jay Shah till 2025. Both Ganguly and Shah's first terms in the cricket board were set to expire due to the "cooling-off period" clause ..

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Simple & Necessary Inquiry To Be Conducted While Examining Prima Facie Case For Discharge U/Sec 227 CrPC: Supreme Court

The Supreme Court observed that a simple and necessary inquiry can be conducted while considering discharge plea to find out whether a prima facie case is made out. In the case of Kanchan Kumar vs State of Bihar, the discharge application filed by a person accused under Prevention of Corruption Act, 1988 (for having po..

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Court Exercising Power U/Sec 9 Arbitration Act Not Strictly Bound By CPC ; Should Not Withhold Interim Relief On Mere Technicality: Supreme Court

The Supreme Court has observed that the power of Court to grant interim relief under Section 9 of the Arbitration and Conciliation Act is not curtailed by the rigours of every procedural provision in the Code of Civil Procedure. What is Section 9 of the Arbitration Act li style="text-align: just..

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