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Clinical Establishments (Registration and Regulation) Act 2010

KEY TAKE AWAYS It is a law that states how health professionals must register with the government and adhere to a code of conduct. According to Article 47 of the Constitution, the State has a duty to improve public health, and it should be one of its top priorities. p style="text..

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Drone Laws In India: An Analysis

Key Takeaways The formal name for the term ‘drone’ is an unmanned aerial vehicle (UAV). Drone operations are permitted in India. India's Ministry of Civil Aviation (MoCA) established a new drone policy on August 26, 2021. The Civil A..

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POCSO Act Will Apply Even If Girl Has Attained Puberty And Become Major Under Muslim Personal Law: Delhi High Court

The Delhi High Court was hearing a plea seeking to rescind an FIR filed under sections 376 (Rape)  and 506(Punishent for Criminal Intimidation) of the Indian Penal Code and section 6 of POCSO Act as well as the charge sheet filed under section 376, 506, 406 and 377 of the Indian Penal Code  read with section 6 (aggravated penetrative sexual assault..

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Landlord Entitled To Mesne Profits From Tenant When Execution Of Decree Of Eviction Is Stayed : Supreme Court

The Supreme Court bench composed of Justice Indira Banerjee and Justice J.K. Maheshwari have restated in the case M/s. Martin & Harris Private Limited &Anr. V Rajendra Mehta &Ors that once a decree for possession has been passed and the execution is delayed, thus depriving the decree holder to reap the fruits of his possession, it is necessary fo..

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Substantive Right Accrued To A Litigant Should Not Be Defeated Citing Procedural Defects Capable Of Being Cured: SC

Without mincing any words, the Supreme Court has in an extremely laudable, learned, landmark and latest judgment titled M/S Ramnath Exports Pvt Ltd vs Vinita Mehta & Anr. in Civil Appeal No. 4639 of 2022 [Arising out of SLP (C) No. 30216 of 2018] cited in 2022 LiveLaw (SC) 564 and pronounced as recently as on July 5, 2022 minced absolutely no words in holding unequivocally that substantive ..

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Substantive Right Accrued To A Litigant Should Not Be Defeated Citing Procedural Defects Capable Of Being Cured: Supreme Court

The Supreme Court stated that a litigant's substantive rights should not be overturned due to a procedural error that can be corrected.  In this instance, despite the fact that two different decrees were prepared, two lawsuits (one filed in 1989 and the other in 1993) were tried concurrently and resolved (in 2..

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Muslim Personal Law/ Shariat Can't Be Tested On Anvil Of Article 14 Due To Binding Supreme Court Precedents: Kerala High Court

The Kerala High Court stated on Tuesday that it was constrained by Supreme Court precedent to the contrary and could not rule that a Muslim woman may be appointed guardian of her young child's property.  Even though it may be possible to argue that a personal law prohibiting Muslim women from serving as guardi..

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Comprehensive Analysis Of The Unlawful Activities (Prevention) Act, 1967

Key Takeaways The Unlawful Activity (Prevention) Act is an Indian statute that aims to prohibit illegal activities and associations in India. The phrase "unlawful association" was included and utilized in the criminal code amendment act of 1908 to criminalize and prose..

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Concept Of Consent Under Indian Rape Laws

KEY TAKEAWAYS The concept of consent Rape under Indian laws What implies consent and what does..

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Withdrawal From Prosecution: A Comprehensive Analysis

Key Takeaways Section 321 of the Code for Criminal Procedure proves the Public Prosecutor with the authority to withdraw from prosecution following the court's consent. Specific laws dealing with terrorist-related activities, such as POTA (repealed), and UAPA, do not have th..

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Administrative Tribunals In India

KEY TAKE AWAYS Administrative law refers to the many systems of procedures, guidelines, and legal frameworks that regulate how government agencies carry out legislative mandates and oversee programme administration. The first tribunal in India, the Income-Tax Appellate Tribunal,..

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Disciplinary Proceedings Continuing Ad Infinitum Would Be Destructive Of Rule Of Law: Delhi High Court Grants Relief To CBIC Officer

The Delhi High Court has noted that permitting Disciplinary Proceedings to go on indefinitely would not only be extremely harmful to the individual involved, but also harmful to the Rule of Law.  Cross-petitioners filed by one Anish Gupta against the Union of India were being heard by a division bench made up of J..

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Merely Because S.482 CrPC Does Not Prescribe Limitation Period Does Not Mean Parties Can Approach Court With Inordinate Delay: J&K&L High Court

A party cannot approach the High Court under Section 482 of the CrPC at his whim and caprice, according to a ruling made today by the Jammu and Kashmir and Ladakh High Court.  This is because there is no time restriction for bringing a plea under the aforementioned section. The bench consisting of Justice Sanjay D..

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The Places Of Worship Act: An Overview

Key Takeaways A brief introduction of the Places of Worship Act, 1991. A brief history behind the enactment of the said Act. The provisions of the Act and their explanations. Current status of the sa..

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Electoral Bonds: Explained

Key Takeaways Electoral Bonds are Instruments through which money can be donated to political parties for their political funding. Can be purchased only through means which leave a digital footprint such as cheques or digital mechanisms. I..

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