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Only A Food Inspector Has The Authority To Investigate Commission Of Offense Related To Food Items Under The FSS Act: Gauhati High Court

In Dharampal Satyapal Ltd. v. State of Maharashtra & Ors, the Gauhati High Court has held that only a Food Inspector has the authority to investigate a commission of offense under the Food Safety & Standards Act, 2006 (FSS Act). The background of this case is that a company (petitioner) was granted a license to..

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Complaints To Magistrate

Key Takeaways A brief introduction of the concept of complaints under the Code of Criminal Procedure, 1973. A brief explanation of the provisions that specifically deal with the process of complaints to the Magistrate. Few landmark judgmen..

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A Customer Cannot Be Said To Be Living On Earnings Of Sex Workers: Calcutta High Court

In Suresh Babu @ Arakkal Arjunan Suresh Babu v. State of West Bengal, the Calcutta High Court held that a customer of a brothel visiting for sexual needs cannot be held liable for charges under the Immoral Traffic (Prevention) Act 1956. The Court further held that the 1956 Act is meant to punish offences related to int..

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Kerala High Court Urges Authorities To Ensure Safety Measures In Ongoing Work Sites

In Pauly Vadakkan v. Corporation of Cochin, the Kerala High Court has directed the State Government to grant funds to the Public Works Department (PWD) so that proper attention can be paid to road safety protocols across the State. The Court also asked the Senior Government Pleader to make sure that the protocols relat..

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Salient Features Of Equal Remuneration Act, 1976

Key takeaways  What is Equal Remunerations Act,1976? What are the Salient features of the Act? How does the provisions under the Act guarantee no discrimination and Equal Pay for Equal Work? Whe..

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Doctrine Of Indoor Management

Key Takeaways What is the Doctrine of Indoor management Origin of the doctrine Exceptions to this doctrine with case laws Introduction In the corporate..

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Unsubstantiated Allegations Of Impotency In Front Of Relatives Amount To Cruelty: Karnataka High Court

In XXX v. XXX, the Karnataka High Court held that if a wife comments on her husband calling him impotent in front of the relatives, then the same would amount to cruelty u/s 13(ia) of the Hindu Marriage Act,1955. A division bench composed of Justices S. Sunil Dutt Yadav and K.S. Hemalekha, set aside the trial court jud..

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Appeal Filed By A Company Struck Off By Registrar of Companies Against The Revenue Department Is Maintainable: ITAT Delhi

In M/s Dwarka Portfolio Pvt. Ltd. versus Assistant Commissioner of Income Tax, the Delhi Bench of Income Tax Appellate Tribunal (ITAT) held that if a company files an appeal against an order passed by the revenue department, it will not automatically turn infructuous if it's name is struck off by the Registrar of Companies. li style="text-align: ..

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Lawyers Accused Of Assaulting Police Officer Granted Anticipatory Bail By The Kerala High Court

In Rilgin V. George & Anr v. State of Kerala & Anr, the Kerala High Court has held that merely being in uniform does not attract the provisions of section 353 CrPC which talk about assault on a public servant to prevent discharge of official duties. The Court allowed the application for anticipatory bail filed ..

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Lieutenant Governor: Functions, Power And Role

Key Takeaways Who is Lieutenant Governor? Functions, powers, and role of Lt. Governor. A comparative analysis between the State Governor and the Lt. Governor. Introduction p style="t..

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Dishonour of Cheques: Complaint Procedure: Penalties

Key Takeaways When a person writes a check to someone else, he or she may not be aware of the current bank balance, and the check may be returned unpaid. In such cases, the cheque drawer is given 30 days to refund the money to the payee.  The Negotiable Instruments Act of 1..

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To Claim Compensation In A Plea Alleging Driver's Negligence, 'Twin Conditions' Have Been Laid Down By Kerala High Court

In Oriental Insurance Co. Ltd v. V. Babu & Ors, the Kerala High Court held that those filing a claim u/s 166 of the Motor Vehicles Act, have to prove not only the driver's or rider's negligence but also that the person sustaining injuries in the motor accident died due to the injuries.  The Court furth..

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An Employee Is Entitled To Claim Compensation Both U/S 140 Motor Vehicles Act & U/S 3 Of Workmen's Compensation Act: Bombay High Court

In Narayan v Mrs. Sangita and Anr, the Bombay High Court held that an employee is entitled to claim compensation both under section 140 of Motor Vehicles Act,1988 and under section 3 of Workmen's Compensation Act, 1923 as well. The Court also held that the compensation awarded under Chapter X of the Motor Vehicles ..

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Contract Of Indemnity

Key Takeaways A brief introduction of the term ‘indemnity’ and its meaning in the context of the Indian Contract Act, 1872. The specific provisions under the Indian Contract Act deal with the contract of indemnity and the rights of the indemnity holder. li st..

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NIA Court Can Entertain Application For Tender Of Pardon Under Both Sections 306 and 307 CrPC: Kerala HC

In Suresh Raj vs National Investigation Agency the Hon’ble Kerala HC has observed that the Special Court constituted under the National Investigation Agency Act can invoke the powers under section 306 CrPC to grant pardon to an accused at the post cognizance stage. The Court also observed that the person to whom ..

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