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Private Pleader Appointed By Complainant Has The Authority To Seek Framing Of Additional Charge: Madras High Court

In N Syamasundara Naidu v. V Dakshinamoorthy and Ors, the Madras High Court set aside the order of lower Court where it was held that a Private Pleader appointed by the complainant to help the Public Prosecutor, could not conduct an independent prosecution u/s 301(2) CrPC and cannot plead on behalf of the prosecution. ..

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Is Registration Of A Will Mandatory In India

KEY TAKEAWAYS Will is a declaration, where a person gives testament as to how and to whom his property (both movable and immovable property) shall be devolved or disposed of after his death so as to benefit the actual beneficiaries. The Indian Succession Act, 1925 is applicable ..

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Defamation As A Criminal Offence Under IPC

Key Takeaways Defined under Section 499 of the Indian Penal Code,1860. Acts as a restriction on the freedom of speech and expression guaranteed under Article 19. Defamation can be written (libel) or spoken (slander). li style="text..

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Man Accused Of Obstructing Doctor From Performing Official Duties Denied Pre-Arrest Bail By The Kerala High Court

In Arun P. v. State of Kerala & Anr, the Kerala High Court rejected anticipatory bail to a man accused of creating obstruction for a doctor from performing her official duty. The Court noted that according to the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damag..

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Abuses Hurled In Basement Which Was Not In Public View Not An Offence: Karnataka High Court Quashes Proceedings Under SC/ST Act

The Karnataka High Court dismissed legal action taken against an accused under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, on the grounds that the complainant was subjected to alleged abuse in a basement that was not open to the public or visible from the street. li style="text-align: ju..

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Arbitration Clause Cannot Be Invoked After Signing The Discharge Voucher Without Any Protest: Gujarat High Court

In Balkrishna Spintex Pvt. Ltd. v. The New India Assurance Company Ltd, the Gujarat High Court held that once a party has signed the discharge voucher without any protest, it loses its entitlement. A Single Judge Bench of Chief Justice Aravind Kumar noted that an arbitration application cannot be accepted merely on the..

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Industrial Disputes Act Applicable To Institution Registered With Wakf Board, Engaged In Commercial Activity: Gujarat High Court

According to the Gujarat High Court, a Wakf Board-registered institution that engages in commercial operations like publishing magazines in addition to providing religious education qualifies as a "industry" for the purposes of the Industrial Disputes Act. It further stated that a "Maulvi" who is in charge of overseeing such commercial activity—in th..

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Enforcement Directorate: History, Composition, Functions, Powers

Key Takeaways Established in the year 1956. Headquartered in New Delhi, with zonal offices in 10 cities. Functioning under the Department of Revenue, Ministry of Finance. Investigates offenses under ..

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How To Lodge A Vigilance/Corruption Complaint With CVC

Key Takeaways Establishing Central Vigilance Commission to address the issue of corruption in India. Created on the recommendations by the Committee on Prevention of Corruption. Complaint handling policy of CVC. li style="text-alig..

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No Illegality: Calcutta High Court Upholds State Govt's Door Step Ration Delivery Scheme

The West Bengal Duare Ration plan, under which the State government delivers food grains through the public distribution system at the doorsteps of beneficiaries, has been deemed valid by the Calcutta High Court.  In the case of Sk. Manowar Ali & Ors v. The State of West Bengal & Ors, a petition was filed ..

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Breach In Duty Of Care From Doctors Makes Them Liable For Compensation: NCDRC

In Abhishek V.S. & Ors. v. K.V.M. Hospital & Ors, NCDRC held that if a doctor fails in his duties to act with reasonable care, it will not be mere error of judgment, but it will amount to breach of duty of care and the patient would be entitled for compensation. A Division Bench comprising Justice R.K. Agrawal ..

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State Vigilance Department Cannot Be Excluded From The Operation Of RTI Act: Orissa High Court

In Subash Mohapatra & Ors. v. State of Odisha & Anr, the Orissa High Court held that the Vigilance Department of the State cannot be given complete exemption from the operation of the Right to Information Act, 2005.  The Hon'ble Court also directed that information related to allegations of human right..

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Computation Of Period Of Limitation

Key Takeaways The purpose and the main attributes of the Limitation Act, 1963 have been discussed in this article. Its function in reducing the number of petitions before legal institutions, effectively alleviating the pressure on them by further curbing repetitive litigations, ..

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Assignment And Licensing Of Copyrights

Key takeaways The owner of a work's copyright has the ability to assign his copyright to anyone else. As a result of the assignment, the assignee acquires all rights relating to the copyright of the assigned work. If the assignment period is not specified, it will be assumed..

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Doctrine Of Subrogation In Insurance

Key Takeaways Subrogation is the substitution of one party for another. Provides the legal right to claim damages from a third party on behalf of another party. The Primary Area of Application is the Insurance Sector. li style="tex..

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