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Mother Can Give Surname Of Second Husband To Child After Death Of Biological Father : Supreme Court

The Supreme Court ruled on Thursday that a mother who remarries after her biological father's death can choose her child's surname and include it in her new family. An Andhra Pradesh High Court decision ordering a mother to change her child's surname and refer to her new husband in records as'stepfather..

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Order Of Facilitation Council, After Termination Of Conciliation Under MSMED Act, Not Executable: Delhi High Court

The Delhi High Court has ruled that an order issued by the Facilitation Council under Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) following the termination of conciliation proceedings, without referring the dispute to an institution or centre for arbitration, is void and does not constitute an arbitral award. ..

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Laws Governing Surrogacy In India

Key Takeaways Surrogacy is a legal arrangement in which a woman undertakes to deliver/labor for another person or individuals who would become the baby's parent(s) after birth. Gestational surrogacy is the only kind of surrogacy approved in India. It entails creating an embr..

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The Failure Of Anti-Defection Laws In India

Key Takeaways A defector is someone who abandons adherence to one state in lieu of allegiance to another in a manner that the first state considers illegal. The 10th Schedule of the Indian Constitution, commonly known as the 'Anti-Defection Law,' was added by the 52nd Am..

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Right To Privacy And The Personal Data Protection Bill, 2019

KEY TAKEAWAYS It has become more crucial than ever to make sure that the right to privacy is properly protected, especially in light of the recent exponential advancements in technology. Social networking has become so ingrained in our daily lives. li style="text-align: ..

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Collegium System for the Appointment of Judges: A complete overview in light of the recent remarks by Law Minister Kiren Rijiju in Parliament

Introduction The Judiciary is arguably the most important organ of any country. The mechanisms for judicial appointment play an important role in selecting the persons who would constitute and ensure the efficiency of this organ. This article deals with the methods of appointment of judges in India, in context with Kiren Riji..

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The Indian President: Leviathan Or Puppet

Introduction With the recent elections resulting in the victory of Droupadi Murmu, the question gears have started turning, yet again. While India has had a diverse range of people serving as presidents, adding to the cause of representation, does this post do anything else for them or the country? p style="text-align..

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Punjab and Haryana High Court dismisses the order of the Magistrate: Only Juvenile Justice Board to pass orders where there is Juvenile in conflict with law

When it came to joint proceedings, Vinod S. Bhardwaj, J., ruled that if there is a 'Juvenile in conflict with law' with an adult, the proceedings cannot be done jointly.  The petition was filed under Section 482 of the Code of Criminal Procedure, 1973 ('CrPC'), seeking a reversal of the Magistrate&..

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Postmortem Report By Itself Not A Substantive Evidence, Can't Discharge Murder Accused Only Based On It : Supreme Court

The Supreme Court stated that a trial court could not absolve an accused of murder based solely on a post mortem report indicating the cause of death as "cardio respiratory failure."  "The post-mortem report does not constitute substantive evidence in and of itself. The doctor's testimony in cou..

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State-Sponsored Murders: Encounter Killings

Introduction The law dictates that a person unless proven otherwise is innocent. However, sometimes the cost of determining this guilt becomes too high and morphs into extra-judicial killings. While there is no separate legal definition of an extra-judicial or a state-sponsored killing, it can be simply understood as a malefa..

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Avinash Das: The Movie Maker Turned Spectacle

Introduction  Over the last few years, there has been a steady, steely rise in the Indian government’s grip on its social image. Increasingly, individuals, particularly from media and film making community are being withheld or detained for putting out images, videos or essentially any content on social platforms t..

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JJ Act : Enquiry U/S 15 By Juvenile Justice Board Not Mandatory Before Consideration & Grant Of Bail U/S 12

The Jammu and Kashmir and Ladakh High Court recently ruled that the JJ Board is not required to consider the social investigation report prior to considering a bail petition under section 12 of the Juvenile Justice Care and Protection Act because the legislature never intended for that to happen.  The bench was he..

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Incriminating Article's Recovery From Open Place/Visible To Others Vitiates Evidence U/S 27 Of Evidence Act: Chhattisgarh High Court

The Chhattisgarh High Court has ruled that recovering any incriminating article from a public or visible location taints the evidence under Section 27 of the Evidence Act. It should be noted that the following conditions must be met for Section 27 of the Evidence Act to be applicable: li style="t..

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Forest Department Cannot Itself Impose Damages Invoking Section 33 Wildlife Protection Act: Supreme Court

In the case of State of Uttar Pradesh vs Anand Engineering College, the Supreme Court observed that the Forest Department cannot inflict damages under section 33 of the Wild Life Protection Act of 1972. The bench comprising Justices MR Shah and BV Nagarathna observed that for such an imposition, the authority has to in..

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Subjecting Citizen To Police Scrutiny, Verification Of Personal Docs Without Any Reason Serious Invasion Of Right To Privacy: Delhi High Court

The Delhi High Court has recently held in the case of Jindal Kumar v. The State (govt of Delhi) that subjecting a citizen to police scrutiny such as verification of personal documents without any good reason would entail a serious invasion of his right to privacy. The bench made the observation while dealing with a ple..

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