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A 'Different' Series #18: Coercion Vs Undue Influence

Difference between Coercion and Undue Influence BASIS COERCION UNDUE INFLUENCE ..

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Doctrine Of Cypress In WAKF

KEY TAKEAWAYS A Muslim can give away his property, create a wakf, or use his testamentary powers, such as establishing a Will,under Islamic law. li style="text-align: justi..

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The Deal With Wagering Agreements And Contingent Contracts

KEY TAKEAWAYS According to Section 2(h) of the Indian Contract Act, a contract is an agreement that is legally binding. In other words, a contract is a pie..

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Court Cannot Usurp Government’s Power To Grant Remissions U/S 432 CrPC: SC

In the case of Ram Chander vs State of Chhattisgarh and ors. the Apex Court has held that a Court cannot usurp the power of the government to grant remission of sentence to convicts. It can only review the decision of the government with regard to whether the remission granted under section 432 was arbitrary or not. In..

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When The Offence Under SC/ST Act Appears To Be Misuse Of Law, Anticipatory Bail Can Be Granted: Chhattisgarh HC

In the case of Jawed Khan vs State of Chhattisgarh the Hon’ble HC of Chhattisgarh has held that when an offence under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 appears to be a misuse of law , the Court has the power to grant anticipatory bail.  In the instant case, the appell..

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Non-Payment Of Maintenance: Warrant For The Levy Of Fine To Be Issued Before Issuance Of Arrest Warrant : Allahabad HC

In the case of Vipin Kumar vs State of UP and anr. the Allahabad HC has held that in cases of non-payment of maintenance allowance, the Magistrate has no jurisdiction to issue a warrant of arrest straightaway, without first levying the amount due as fine under section 421 of CrPC.  In the instant case, the wife of..

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If Court Believes Disputes Settled By The Parties In Matrimonial Disputes Is Consensual, Quashing FIR For Non-Compoundable Offences May Be Allowed: Delhi HC

In Raja Berwa& Ors v. State & Anr 2022, Justice Chandra Dhari Singh held that if the Court is pleased that the parties have resolved the disputes amicably, without undue pressure, even in non-compoundable offenses on matrimonial disputes, then FIRs or subsequent criminal proceedings concerning the crimes can be quashed to secure the ends of justice. ..

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DV Act Doesn't Prevent Family Court From Permitting Husband To Visit His Child Even If He Has Received An Order Of Restraint: Delhi HC

In Shilpa Singh vs. Vikas Khanna (2022), Justice Yashwant Varma stated that to prevent disputes and repugnancy, the two conflicting acts, the Protection of Women from Domestic Violence Act, 2005 and the Family Courts Act, 1984, must be interpreted harmoniously. In this case, an application challenging order on the grou..

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Top News Headlines 23rd Apr 2022: When The Offence Under SC/ST Act Appears To Be Misuse Of Law

When The Offence Under SC/ST Act Appears To Be Misuse Of Law, Anticipatory Bail Can Be Granted: Chhattisgarh HC In the case of Jawed Khan vs State of Chhattisgarh the Hon’ble HC of Chhattisgarh has held that when an offence under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 appears ..

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Top News Headlines 21st Apr 2022: Every Saint Has A Past: SC Commutes The Death Sentence Imposed On Convict For The Rape And Murder Of A 4 Year Old

Every Saint Has A Past: SC Commutes The Death Sentence Imposed On Convict For The Rape And Murder Of A 4 Year Old In the case of Mohd Firoz vs State of Madhya Pradesh the Apex Court has commuted the death sentence of a man accused of the rape and murder of a 4 year old girl. The Court observed that the maximum punishm..

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Exceptional Hardship And Depravity Under Section 14 Of The Hindu Marriage Act

KEY TAKEAWAYS The Hindu Marriage Act allows either party to divorce on the grounds of unhappiness or if the marriage is no longer tenable. A a href="https://w..

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Contractual Competency Of A Minor

KEY TAKEAWAYS Any person who is 17 years and 364 days old will be viewed as a minor in the eyes of law. The age of majority has been decided by the Indian Majority Act of 1875. As per the Indian Contract Act of 1872. a href="https://www.lawyersclubindia.com/articles/minor-copar..

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Every Saint Has A Past: SC Commutes The Death Sentence Imposed On Convict For The Rape And Murder Of A 4 Year Old

In the case of Mohd Firoz vs State of Madhya Pradesh the Apex Court has commuted the death sentence of a man accused of the rape and murder of a 4 year old girl. The Court observed that the maximum punishment prescribed might not be the sole determinative factor for repairing the crippled psyche of the offender.  ..

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Live-In Relationships A By-Product Of Article 21: Promotes Promiscuity, Lascivious Behaviour: Madhya Pradesh HC

In the case of Abhishek vs State of Madhya Pradesh the Madhya Pradesh HC has termed live-in relationships as the by-product of Article 21 which promotes lascivious behaviours.  The Court also observed that the people who want to exploit this freedom are quick to embrace it and are ignorant of the fact that the sam..

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Madhya Pradesh HC Relied On Two Finger Test To Cancel Bail: Mere Delay In Lodging FIR Not Fatal To Prosecution Case

In Father Of Prosecutrix-X v State Of Madhya Pradesh (2021), Justice R.K. Dubey, while dealing with the implementation for cancellation of bail under Section 439(2) CrPC filed by the Prosecutrix's father, noted that the Prosecutrix's medical examination report stated that no conclusive opinion could be given regarding rape. However, it was discovered..

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