In the instant case, Azaz Khan v. N.I.A., the Division Bench held that Schedule II of the UAPA Act does not include the Customs Act, and the smuggling of gold, that too of a quantity bailable, does not pose threat to economic security and hence can not be deemed as a terrorist act. The Custom Officer procured about 18kg gold ba..
No Vicarious Liability Under Section 141 NI Act Merely By Virtue Of Being Partner At A Firm Which Took Loan: SC In Dilip Hariramani vs Bank of Baroda the Hon’ble Apex Court has held that criminal liability under section 138 NI Act for cheque bounce cases cannot be fastened on a person merely because he was a par..
SC Upholds Disciplinary Action Against Judicial Officer For Showing Undue Favour To A Party In Muzaffar Hussain vs State of UP the Hon’ble SC has upheld the disciplinary action taken against a Judicial Officer in Uttar Pradesh for passing orders to unduly favour certain parties. li style="text-alig..
KEY TAKEAWAYS A tape-recorded conversation is a form of an electronic record. The Information Technology Act of 2000 describes the term “electronic records”. Electronic records, including Tape-recorded conversations, are admissible under the Indian Evidence Act...
Key Takeaways Under Hindu law, a second wife is not a legal heir when the husband remarries while the first wife is alive (S.5 of Hindu Marriage Act, 1956 and Indian Succession Act, 1926). Under Muslim law, a second wife is a valid legal heir and can obtain a legal heir certificate. li style="text-align: justi..
In Dilip Hariramani vs Bank of Baroda the Hon’ble Apex Court has held that criminal liability under section 138 NI Act for cheque bounce cases cannot be fastened on a person merely because he was a partner at the firm that had taken the loan, or that he stood as a guarantor for such a loan. Thus, the vicarious li..
In the ongoing proceedings challenging the validity of Section 124A of IPC in the case titled SG Vombatkere vs Union of India the Centre has filed an affidavit in the Apex Court on Monday, informing that it has chosen to re-examine and reconsider section 124A of IPC which criminalises sedition. This affidavit has come ..
Use Of Loudspeakers In Mosques Not A Fundamental Right: Allahabad HC In Irfan vs State of UP and ors. the Allahabad HC has observed that the use of loudspeakers in mosques is not a fundamental right. The petitioner, Irfan, had moved the HC aggrieved by an order passed by SDM Teh..
In the recent case, Kader Khan v State of West Bengal, the Hon’ble Calcutta HC has proposed that it is immensely important to bring amendments to Section 299 (1) CrPC in order to provide a fair trial in absentia of an absconder which might in the future result in the loss of valuable shreds of evidence due to the death of the witness. li style=..
KEY TAKEAWAYS The NDPS Act of 1985 is the primary piece of law through which the state controls the use of Narcotic Drugs and Psychotropic Substances. These regulations were enacted to restrict and monitor the use of specified medications in limited circumstances. li sty..
KEY TAKEAWAYS Since its beginning during colonial times, the law on Sedition has drawn criticism. Section 124A of the Indian Penal Code provides provisions relating to the offence of sedition. The core of the offence is that the accused mu..
KEY TAKEAWAYS Consumerism can be described as consumer behavior and attitude marked by a persistent desire for a better lifestyle, no matter how tough to attain. Businesses profit more when consumers spend more money, boosting the national economy in every way. The tendency to p..
In Muzaffar Hussain vs State of UP the Hon’ble SC has upheld the disciplinary action taken against a Judicial Officer in Uttar Pradesh for passing orders to unduly favour certain parties. The Court observed that showing undue favour to a party under the guise of judicial orders is the worst kind of judicial disho..
In the case of Anjari Rout v. the State of Odisha, the Hon’ble Orissa HC held that the doctor is the best person to assess the mental condition of the victim. The Dying Declaration made to him could be accepted in the court of law and shouldn’t be considered only because the victim’s mental health certificate wasn't appreciated. ..
Key Takeaways Trademark is to be filed in the office of the Trade Marks Registry within whose territorial limits, the principal place of business of the applicant or joint applicants is situated or in the Trade Marks Registry of the place mentioned in the address for service in India. li style="text-align: jus..
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