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Commercial Courts (Amendment) Act, 2018 Cannot Be Applied Retrospectively: Delhi High Court

The Delhi High Court has ruled that the Commercial Courts (Amendment) Act, 2018, cannot be retroactively applied.  A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad held that there is no lack of clarity or ambiguity in Section 19 of the 2018 Amending Act, which states categoric..

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Generally Wife's Convenience Must Be Looked At While Considering Transfer Petition Under Section 24 CPC: Supreme Court

The Supreme Court stated that when considering a transfer petition under Section 24 of the Code of Civil Procedure, the wife's convenience must be considered. In this case, the husband petitioned the Family Court in Vellore for annulment of marriage.  The wife filed two petitions in the Family Court in Chennai..

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Foul Play In Fair Proceedings: Independence Of Judiciary And Safety Of Judges In India

Abstract An Independent Judiciary is the crown jewel and bedrock of any democracy. Independence of the judiciary signifies its autonomy of operations, exclusive of other organs of..

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A Historical Perspective On Universal Suffrage And It’simportance

KEY TAKEAWAYS The universal adult franchise guarantees that every adult citizen, regardless of gender, wealth, caste, or any other factor, has the right to vote and elect their representative. The right to equality is the essence of this. ..

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Are Carbon Copies Admissible In Law

Key Takeaways Section 62 of the Indian Evidence Act, 1872 considers primary evidence to be the most crucial type of evidence. A carbon copy of a signature, defined as a copy generated by a mechanical method that confirms its accuracy, is a piece of secondary evidence under Secti..

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The Proverbial Forest Fire: The Aarey Forest Conundrum

Key Takeaways Mumbai’s Aarey forest, in Goregaon, has taken center stage regarding a previously contested development project. Previously, this development project was shut down, owing to environmental reasons. However, the new cabin..

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Trust Property Cannot Be Alienated Unless It Is For Benefit Of Trust And / Or Its Beneficiaries: Supreme Court

According to the Supreme Court, trust property cannot be alienated unless it is for the benefit of the Trust and/or its beneficiaries.  When a Trust property is transferred without the prior sanction of the Registrar under Section 14 [of the Madhya Pradesh Public Trusts Act, 1951] and/or without following a fair a..

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No Section 40(a)(ia) Disallowance In Case Of Short Deduction Of TDS: Delhi High Court

The Delhi High Court ruled that in the case of a short deduction of TDS, no disallowance under Section 40 (a)(ia) of the Income Tax Act is required, and that the correct course of action would have been to invoke Section 201 of the Income Tax Act.  The division bench of Justice Manmohan and Justice Manmeet Pritam ..

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Received A Wrong Product While Shopping Online: Read How Kerala HC Addresses Grievance Of Person Who Received Wrong Laptop From Flipkart

In this case, the petitioner ordered an Acer laptop for around Rs 54,000 from the online shopping portal Flipkart. Tech Connect Retail Pvt Ltd was the product's seller. However, the petitioner received a laptop worth around Rs 35,000 from I-Life Digital. The petitioner claime..

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Abortion Can't Be Denied Solely Because Woman Is Unmarried : Supreme Court Allows Unmarried Woman To Seek Termination Of Pregnancy

The Supreme Court expanded the scope of the Medical Termination of Pregnancy Act to include unmarried women on Thursday, allowing a 25-year-old woman to abort her 24-week pregnancy arising from a consensual relationship. "A woman's right to reproductive choice is an inseparable part of her personal liberty und..

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Alt News And Mohd Zubair’s Dance With The Devil

Key Takeaways This article will cover the arrest of Mohammed Zubair, co-founder of the fact-checking platform, Alt News. Zubair has been arrested for hurting religious sentiments in a tweet he posted in 2018. Zubair recently reported the h..

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Invisible Haters, Visible Hate: Social Media’s Hate Speech Problem In India

Abstract  Ever since the advent of the Internet, the transmission of information has revolutionized. This spectrum of information is vast and seemingly never-ending. Social Media, a considerable chunk of a layman’s internet usage witnesses a plethora of activities ranging from sharing controversial news to promotin..

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Police Not Authorised To Suspend Driving Licence Of Any Citizen: Calcutta High Court

In the case of Priyasha Bhattacharyya vs State of West Bengal, the Calcutta High Court recently held in a notable judgement, that under the Motor Vehicles Act, 1988, a police officer has no authority to disqualify the driving licence of a person. Justice Moushumi Bhattacharya pronounced that only the licensing authorit..

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Kerala High Court Directs Russian Ship To Be Detained At Cochin Port Trust For Unpaid Dues To An Estonian Firm

In the case of Bunker Partner OU v. MV MAIA-1, the Kerala High Court directed a Russian vessel by the name of MV MAIA-1 to be detained at the Cochin Port Trust for non-payment of dues to an Estonian firm namely, Bunker Partner OU.  The Court was considering an admiralty suit instituted by an Estonian firm that sup..

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Date Of Dispatch Of Notice Alone Relevant For Calculating Limitation Under Customs Act: Madras High Court

The observation was made by a bench of Justices R Mahadevan and Sathya Narayana Prasad while dismissing a petition that challenged show cause notices issued to the petitioner, who claimed that the notices were barred by limitation. "If the date of despatch of notices is considered, this court believes that the not..

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