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Telangana HC: Dispute Under Section 31 Of The Contract Act To Be Referred To Arbitration

Existence of contingent contract cannot be decided in the limited jurisdiction of the courts under section 11 of the Arbitration act.  Contingent contract under section 31 of the contract act is a dispute to be referred to arbitration says the Telangana High Court.  Sec..

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Section 141 NI Act: Not Necessary To Specifically Plead That Managing Director Is In Charge Of The Company's Affairs : Supreme Court

The Supreme Court observed that an averment that a Managing Director or Joint Managing Directors were in charge of and responsible for the conduct of a company's business is not required to charge them under Section 141 of the Negotiable Instruments Act, 1881.  The court reiterated that impleading independent ..

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Continuous Service By Workman Will Be Granted Benefit Under Section 25F Of ID Act Irrespective Of Contractual Agreement: Gujarat High Court

Workman serving for continuous years without taking breaks cannot be denied benefit under section 25F of the industrial disputes act merely because of contractual agreement. Section 25F talks about the conditions precedent to retrenchment of workers. The Gujarat High Court held t..

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Important Amendments In Constitution Of India

Key Takeaways Article 368 of the Indian Constitution deals with the legislative procedure for amending the Constitution. The First Constitutional Amendment Act was passed in 1951. The Seventh Constitutional Amendment Act, 1956 reorganised ..

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Indian Government's Battle With Twitter

Introduction “The only valid form of censorship is the choice of the consumer to not consume” - These are words that aptly subsume exactly what’s wrong with Indian media and its discourse. With the centre stirring up a hornet’s nest, targeting Twitter, BJP is making headlines on the very same platform ..

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The Protection Of Plant Varieties And Farmers Rights Act,2001: A Brief Overview

Key Takeaways The Protection of Plant Variety and Farmers' Rights Act, 2001 is a Parliamentary Act created to allow for the construction of an effective system for protecting plant variations, farmers' and plant breeders' rights, and encouraging the development of new plant varieties. li style="tex..

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Section 306 IPC: Abetment Of Suicide A Heinous Offence : Cannot Be Quashed On The Basis Of Compromise : Supreme Court

The Supreme Court ruled that a FIR under Section 306 IPC (suicide attempt) cannot be quashed under Section 482 CrPC due to a settlement.  The bench, which included Justices Indira Banerjee and V. Ramasubramanian, stated that 'abetment of suicide' is also a heinous and serious offence that must be treated a..

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TV Today Vs Newslaundry: Right To Comment And To Publish On Social Media :Part Of Free Speech

Last year, Tv Today filed a suit against Newslaundry and sought damages of rupees 2 crore from them. For “commercially disparaging” its commercial products and for “de..

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Supreme Court Upholds ED's Power Of Arrest, Attachment, Search & Seizure And "Twin-Conditions" For Bail: Says PMLA Has Stringent Safeguards

On Wednesday, the Supreme Court upheld the provisions of the Prevention of Money Laundering Act, 2002 that relate to the Enforcement Directorate's power of arrest, attachment, search, and seizure.  The Court upheld the constitutionality of Sections 5, 8(4), 15, 17, and 19 of the PMLA, which deal with the ED..

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ECIR Not Equal To FIR, Not Necessary To Supply It To Accused: Disclosure Of Grounds Of Arrest Sufficient : Supreme Court

According to the Supreme Court, there is no requirement to formally register an Enforcement Case Information Report (ECIR) before initiating penal action or prosecution against a person involved in a process or activity involving proceeds of crime under the Prevention of Money Laundering Act, 2002.  "Suffice ..

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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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