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Bureaucratic Impasse In Bihar

Bihar Chief Minister Nitish Kumar’s resignation had caused political turmoil in the state, Nitish broke off the alliance with BJP and is set to join the Grand Alliance (Mahagathbandhan). The recurrent party shifts by Nitish are expected to disrupt the political arena in both the centre and state. Key takeaways/..

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Statement U/S 164 CrPC Is A Public Document, But Third Party Has To Establish Direct Interest To Get A Copy: Kerala High Court In Saritha's Plea

The Kerala High Court ruled on Thursday in a significant decision that a statement recorded under Section 164 of the Code of Criminal Procedure is a public document falling under Section 74(1)(iii) of the Indian Evidence Act because it is the record of an act done by a public officer in the discharge of his duty.  li style="text-align: justify;"..

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Withdrawal Of The Personal Data Protection Bill, 2019

The Government of India has retreated the Personal Data Protection Bill, 2019 from Lok Sabha and stated that it would roll out “contemporary digital privacy laws” to suit the “comprehensive legal framework” and to regulate online space. This decision comes after the intense scrutiny by the Joint Parliamentary Committee proposing around 81..

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Laws Regarding Obscenity In India

Key takeaways The first prominent case on obscenity that still stands to this day as a reference point on the topic is, Ranjit D Udeshi vs State of Maharashtra [1965 AIR 881]. It was against the publication of D.H Lawrence’s book ‘Lady Chatterley’s Lover’..

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Mere Allegations Of Harassment Are Not Abetment Of Suicide Positive Act Is Essential To Conclude An Offence Under Section 306 Of The IPC

Mere allegations of harassment or pressure doesn’t make an individual accountable for suicide. Proof of an act done is necessary. Only a positive act which led the deceased to commit suicide will attract offence under a href="https://www.lawyersclubindia.com/judiciary/section-306-ipc-abetment-of-suicide-a-heinou..

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CPC Order XV Rule 5: Mere Denial Of Landlord-Tenant Relationship Doesn’t Grant Tenant A Holiday From Duty To Pay Rent/ Damages: SC

The instant appeal concerns procedural issues under Order XV Rule 5 CPC that arose in a suit for eviction and recovery of rent arrears, as well as damages for use and occupation. The plaintiff-appellant contended that she is the owner of the suit shop because she purchased it from its previous owner via a sale deed dat..

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Punjab And Haryana High Court: Order Refusing Appointment Of Local Commissioner Under Order XXVI Rule 9 Of CPC, 1908 Does Not Affect Rights Of Parties: No Revision Available

In dealing with a revision petition for setting aside an order passed by the Additional Civil Judge dismissing the plaintiff's application for appointment of a Local Commissioner, the Punjab and Haryana High Court held that an order refusing appointment of a Local Commissioner does not decide any issue or adjudicate the rights of the parties and thus wou..

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History And Development Of Arbitration Law In India

KEY TAKEAWAYS Arbitration requires no introduction in the contemporary era of dispute settlement. It has successfully rep..

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Writ Jurisdiction Of Supreme Court With Relevant Judgements

Key takeaways The Supreme Court is given powers to issue writs for the enforcement of Fundamental Rights, under Article 32 of the Constitution. Habeas corpus is issued by the Supreme Court in order to question the legality of the detention of any individual by another person, in..

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Judicial Review In India

Key Takeaways The Doctrine of Judicial Review originated in USA. It comes under various articles of the Indian Constitution. Judicial Review plays a key role in upholding the supremacy of the Constitution, preventing misuse of power by the..

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Appeal For Higher Compassionate Appointment Dismissed It Is Not A Vested Right; It Is A Mere Aid Amidst Immediate Hardships And Financial Crisis

This order came because of an instant appeal vis-à-vis compassionate appointment. It was held in the case of Iqbal Khan Vs State of U.P. and 2 Other..

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Sex Workers Entitled To All Rights Available To Citizens But Cannot Claim Special Treatment On Violating The Law: Delhi High Court

The Delhi High Court has ruled that, while a sex worker has the same rights as any other citizen, she cannot expect special treatment if she breaks the law. The Court made the remark while denying interim bail to a sex worker who allegedly forced a minor girl into prostitution and refused to let her leave the brothel h..

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Section 311 CrPC Application Cannot Be Dismissed Merely On The Ground That It Will Lead To Filling In Loop Holes Of Prosecution Case: Supreme Court

The Supreme Court stated that an application under Section 311 CrPC cannot be dismissed solely on the grounds that it will result in the prosecution's case being filled in.  According to the bench of Justices DY Chandrachud and AS Bopanna, the power must be exercised whenever the court believes that any eviden..

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License To Use Software Is ‘Deemed Sale’ : Service Tax Not Leviable On Ground That Updates Are Provided : Supreme Court In Quick Heal's Case

The Supreme Court dismissed the Commissioner of Service Tax's appeals seeking to levy service tax of over Rs 56 crores on Quick Heal Technologies Ltd for the sale of anti-virus software between 2012 and 2014.  The Court ruled that the sale of software on CDs/DVDs is a sale of goods, and that once sales tax is ..

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The Family Court Bill Amendment 2022 Explained

KEY TAKEAWAYS The Family Courts Act of 1984 is modified by the Family Courts (Amendment) Bill of 2022.  State governments may create Family Courts under the Act.  Dates for the Act's implementation in various states may be an..

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