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Bailment As Per The Indian Contract Act, 1872

Key Takeaways Bailment is the legal transfer of property or commodities from a bailor to a bailee, who forfeits possession but not ownership. A bailee must desire to physically possess the bailable property in order to create a bailment. C..

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Gift Under Transfer Of Property Act: Legal Provisions & Important Case Laws

Key Takeaways Transfer of Property Act regulates property transfer in India. Section 122 of TPA provides provisions relating to Gifts. Gifts can be revoked under certain specific conditions. ..

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Accused Persons Of Unsound Mind: Legal Provision And Case Laws

Key Takeaways Section 84 of the Indian Penal Code deals with persons of unsound mind. Unsoundness of mind is included in the general exceptions. Sections 328 to 339 of the Code of Criminal Procedure covers provisions regarding accused pers..

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Bank Can't Seek Issuance Of 'Look Out Circular' For Recovery Of Dues Unless Economic Interest Of Country Is Involved: Karnataka High Court

According to the Karnataka High Court, unless there is an element of fraud and national economic interest is at stake, a bank cannot seek the issuing of a Look Out Circular (LOC) or prevent a person (a loan defaulter) from leaving the country.  Leena Rakesh's case, which questioned the FRRO's endorsement c..

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Friendly Relations Not Consent To Establish Physical Relations: Bombay High Court

The Bombay High Court has ruled that a man cannot assume a woman is willing to enter into a physical relationship with him simply because they are friendly with one another. On June 24, a single-judge panel presided over by Justice Bharati H. Dangre denied an anticipatory bail request to a man accused of raping a woman..

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Bank Can't Attach Customer's PPF Account For Settlement Of His Debt/ Liability: Gujarat High Court

The sum of a Public Provident Fund account shall not be subject to any attachment in respect of any debt or duty incurred by the account holder, as the Gujarat High Court has reaffirmed.  The case of a petitioner who invested funds from Hindu Undivided Families under the Public Provident Fund Scheme of the Centre ..

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Can Anticipatory Bail Plea Of Accused Who Went Abroad After Registration Of Crime Be Entertained? Kerala HC Doubts "Vijay Babu" Judgement

In contrast to the ruling made last week by the High Court's coordinate bench, which held that Section 438 of the Code of Criminal Procedure has no restrictive mandate prohibiting a person from filing an application for anticipatory bail outside of India, the Justice P.V. Kunhikrishnan bench of the Kerala High Court deviated from the law today. /li..

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Can The Police Arrest You Before You Commit An Offense

Key Takeaways Chapter V of the Code for Criminal Procedure grants police officers the power to arrest. Chapter XI of the CrPC, particularly Section 151 grants police officers the authority to make preventive arrests to avert a cognizable offense. li style="text-align: ju..

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Friendly Relations Do Not Establish Consent To Enter Into Physical Relations: Bombay High Court

In Ashish Ashok Chakor v. State of Maharashtra, the Bombay High Court held that a girl being friendly with a boy should not be construed as consent for a physical relationship. The Court observed this while rejecting the anticipatory bail application filed by a man accused of impregnating the accused by making a false ..

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Preventive Detention Can't Be Invoked For Ordinary Law & Order Situation : Supreme Court

The Supreme Court noted that "the powers to be exercised under this law are exceptional powers that have been given to the government for its exercise in an exceptional situation," emphasising that the preventive detention law "strikes hard on the freedom and liberty of an individual, and cannot be exercised in a routine manner." ..

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Deliberately Concealing The Income, Assessee Can Be Prosecuted : Madras High Court

The Madras High Court has ruled that even after the assessee's late return is accepted by the revenue authorities and an assessment order is made based on it, the assessee can still be prosecuted for willfully and deliberately concealing his income by failing to file his income tax return within the required time.  li style="text-align: just..

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Laws Punishing Terrorist Activities In India

Key Takeaways The enactment of anti-terrorism laws began post-independence due to the rising number of insurgencies in India. Foreign terrorists apprehended within India can be prosecuted under Section 121 of the Indian Penal Code, 1860. T..

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Rights Of LGBTQI+ Community In India

Key Takeaways LGBTQI+ relationships have been documented in India’s rich history at different time periods. Consenting Same-Sex Relationships were decriminalised by the Supreme Court in 2018. There is still a lack of safeguards in ar..

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Gauhati High Court Quashes Complaint Filed Against Assam CM HB Sarma In Relation To Violation Of Model Code Of Conduct

In Himanta Biswa Sarma v. The Election Commission of India & 5 Ors, the Gauhati High Court noted that the Courts must revisit section 126 of the Representation of People Act which prohibits campaigning during a period of 48 hours, ending with an hour fixed for conclusion of poll. A Single Judge Bench of Justice Rum..

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Advocates Should Refrain From Advising Clients To Reagitate Matters When There Is No Error: Allahabad High Court

In Malhan & 17 Ors. v. State Of U.P. & Anr, the Allahabad High Court held that advocates should refrain from advising their clients to reagitate the case when there is not any prima facie error after an order has been passed. A Division Bench comprising of Justices Dr. Kaushal Jayendra Thaker and Vivek Varma observed this while rejecting a civil review application whe..

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