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Court Should Note Objections Raised Against Oral Evidence During Trial, Admissibility To Be Decided While Pronouncing Final Verdict & Not During The Time Of Examination: Delhi HC

In Dushyant Kumar v. Central Bureau of Investigation, the Delhi High Court has noted that the question whether the evidence should be included or excluded from consideration while giving the final verdict must be taken at the end and not during the time of the examination.  Justice Jasmeet Singh noted that when th..

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DRT Is Not Empowered To Restrain A Debtor's Fundamental Right To Travel Abroad: Bombay High Court

In Anurag S/o. Padmesh Gupta vs Bank of India, the Bombay High Court held that the Debt Recovery Tribunal (DRT) does not have authority to restrain a citizen from travelling abroad as there is no provision under the Recovery of Debts Due To Banks and Financial Institutions Act 1993 that empowers it to do so.  A Di..

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Hate Speech In India: Legal Provisions & Case Laws

Key Takeaways Article 19(1) of the Indian Constitution guarantees freedom of speech and expression. Section 153A of the Indian Penal Code criminalises the promotion of enmity between groups of people on grounds such as religion and race, place of birth, residence, and language...

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Restitution Of Conjugal Rights: Legal Provisions & Constitutionality

Key Takeaways A brief description of the Hindu marriages in early times and how they evolved over years, by the codification of the Hindu Marriage laws. A brief explanation of various provisions concerning Restitution of Conjugal Rights, mentioned in Code of Civil Procedure, 190..

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Amendment Application With Inconsistent Pleas Is Permissible Without Retracting Wilful Admission In Written Statement: Kerala High Court

In Anzar v. Sreedeviyamma & Anr, the Kerala High Court held that an amendment application inconsistent with that of the original written statement may be submitted without withdrawing wilful admission mentioned in the statement. Moreover, such applications will be bound to be admissible. li style="text-alig..

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A Prisoner Does Not Have Voting Right: ED Opposes Bail Pleas Of Anil Deshmukh and Nawab Malik Ahead Of The Rajya Sabha Elections

The Enforcement Directorate (ED) has recently opposed the applications filed by the imprisoned former Maharashtra Home Minister, Anil Deshmukh, and the state Cabinet Minister, Nawab Mailk seeking bail for one day to cast their votes in the upcoming Rajya Sabha elections on the ground that prisoners do not have voting rights.  li style="text-alig..

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Powers Of President Of India

Key Takeaways According to Article 58 of the Constitution of India, a candidate for the position of President of India must be a citizen of India, at least 35 years old, and qualified to serve as an MP in the Lok Sabha. A person who has been elected President once can be re-elec..

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Rigours Of Section 37 NDPS Act Can Be Relaxed In Cases Of Commercial Quantity In Case Of Delay In Conclusion Of Trial: Punjab And Haryana HC

In Ghanso @ Kalo vs State of Punjab the Hon’ble HC of Punjab and Haryana has held that the bail application of an accused can be considered despite the fact that she was found in possession of commercial quantity of the contraband, and thus the rigors of section 37 of the NDPS Act can be relaxed, if there is a considerable delay in the conclusion of th..

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The Public Trust Doctrine Is Part Of Law Of Land And The State Must Uphold It: Supreme Court

In Re : TN Godavarman Thirumalpad versus Union of India, the Supreme Court observed that the famous Public Trust Doctrine is a part of the law of land. The Court further said that the State has a duty to act as a trustee for the advantage of the general public pertaining to the natural resources so that the long term g..

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Magistrate Cannot Order Investigation U/S 156(3) CrPC In Case Of Defamation Even If Other Offences Are Alleged: Karnataka HC

In Divya and Anr vs State of Karnataka the Hon’ble Karnataka HC has observed that the bar under section 199 of CrPC on a Magistrate from exercising powers under section 156(3) of CrPC and ordering investigation on a complaint involving offences under section 500 of IPC (defamation) would be applicable even in cases where other offences have been commit..

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Top News Headlines 7th Jun 2022: Magistrate Cannot Order Investigation U/S 156(3) CrPC In Case Of Defamation Even If Other Offences Are Alleged

Magistrate Cannot Order Investigation U/S 156(3) CrPC In Case Of Defamation Even If Other Offences Are Alleged: Karnataka HC In Divya and Anr vs State of Karnataka the Hon’ble Karnataka HC has observed that the bar under section 199 of CrPC on a Magistrate from exercising powers under section 156(3) of CrPC and ..

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A Witness Cannot Be Re-Examined To Undo Statement Made In Cross Examination And Fill Lacunae In Evidence: Delhi High Court

In Capitol Art House (P) Ltd. v. Neha Datta, the Delhi High Court held that the re-examination opportunity cannot be used as a chance to undo its prior statement made during cross-examination and fabricate the evidence.  In this case, the Court was dealing with a suit filed by the petitioner seeking to injunct the..

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Jurisdiction Of Criminal Courts

Key Takeaways A brief introduction to the concept of jurisdiction in the Indian Judiciary as per the Indian laws, prescribed for the different Courts in India. A brief explanation of the provisions of CrPC that provide for the jurisdiction of Criminal Courts in India. /ul..

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Does India Have A National Language

Key Takeaways The Indian constitution does not grant any language the right to be designated as the country's national language. Any language spoken by a high percentage of a country's population may be referred to as the national language. li style="text-align: ..

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Top News Headlines 6th Jun 2022: Amount Spent On Maintaining Divorced Sister To Be Kept In Mind While Awarding Maintenance To Wife

Amount Spent On Maintaining Divorced Sister To Be Kept In Mind While Awarding Maintenance To Wife: Delhi HC In the case of Sarita Bakshi vs State and anr. the Hon’ble Delhi HC has held that in India, the bond between siblings and their dependence on each other may not always be financial but it is expected that ..

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