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Power Of Attorney Has To Be Strictly Construed: SC

In Umadevi Nambiar vs. Thamarasseri Roman Catholic Diocese (2022), a bench consisting of J. Hemant Gupta and J. V. Ramasubramanian held a Power of Attorney (GPA) document, when rigorously interpreted, does not include the power to sell. Furthermore, the agent's power to sell would be relevant only if the document enables him explicitly to implement the s..

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Top New Headlines 4th Apr 2022: Plaint To Be Rejected When Relief Sought Is To Restrain Defendant From Initiating Prosecution Against Plaintiff

Plaint To Be Rejected When Relief Sought Is To Restrain Defendant From Initiating Prosecution Against Plaintiff: SC In the case of M/s Frost International Limited vs M/s Milan Developers and Builders Pvt Ltd. and anr. the Apex Court has held that a relief sought in the plaint with the objective of restraining a prosec..

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A 'Different' Series #10: Cheating Vs Forgery

Difference Between Cheating And Forgery BASIS CHEATING FORGERY td styl..

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Lok Adalat has no jurisdiction to decide matter on merits

The Lok Adalat is a dispute resolution procedure used as an alternative to the traditional court system. To put it another way, it is one method of settling disagreements. It is a venue for the peaceful resolution of disputes/cases pending in a court of law or at the pre-trial stage. Lok Adalats have been accorded legal recognition under the Legal Services Act passed in 1987. A judgment made by..

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Direction To Take A Voice Sample Not A Violation of Article 20(3) Of The Constitution: Punjab And Haryana HC

The Hon’ble Punjab and Haryana HC has reiterated in Ravi Prakash Sharma vs. State of Punjab that directions to take voice samples of the accused is not violative of the doctrine against self-incrimination as envisaged in Article 20(3) of the Constitution. The Court observed that the infringement of the Fundamenta..

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Judgement Vs Decree

KEY TAKEAWAYS The distinction between judgement and decree has similarly lost relevance in the United States, while in India, the distinction between judgement and decree has remained relevant from the inception of the old Code of Civil Procedure in 1859. In today's legal en..

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Plaint To Be Rejected When Relief Sought Is To Restrain Defendant From Initiating Prosecution Against Plaintiff: SC

In the case of M/s Frost International Limited vs M/s Milan Developers and Builders Pvt Ltd. and anr. the Apex Court has held that a relief sought in the plaint with the objective of restraining a prosecution against the plaintiff will be barred by law and can be a ground for allowing an application for rejection of plaint under Order VII Rule 11 of CPC./li..

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Under Sec. 25 Of Hindu Marriage Act Either Of The Indigent Spouse May Seek Permanent Alimony: Bombay HC

In Bhagyashri v Jagdish (2021), Justice Bharati Dangre, while rejecting the wife's plea under Section 24 and 25 of the Hindu Marriage Act, upheld two civil court orders, which directed the wife, a teacher, to pay a maintenance amount of Rs. 3000 to her husband. The Hon'ble Bombay HC also directed the school principal to deduct a sum of Rs. 5000 from ..

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Top News Headlines 2nd Apr 2022: Mere Non Framing Of Charge U/S 149 IPC Will Not Vitiate Conviction If No Prejudice Caused To Accused

Mere Non Framing Of Charge U/S 149 IPC Will Not Vitiate Conviction If No Prejudice Caused To Accused: SC In the case of State of UP vs Subhash @ Pappu the Apex Court has reiterated a well known principle that if the ingredients of the section are obviously implicit in the charges framed, then the conviction can be sus..

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Power Of Attorney Executed Outside India Must Be Stamped Within 3 Months Of Receipt In India: Andhra Pradesh HC

In Pedapudi Alfred Johnson Jeyakaran Jesudasan V. The State of AP, Justice U. Durga Prasad Rao, under Section 18 of the Indian Stamp Act of 1899, ruled that if a General Power of Attorney (GPA) is executed outside of India without being duly stamped and is presented before the third respondent within three months, the Court has the authority to order the imp..

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Landmark Judgements On Protection Of Women From Domestic Violence Act, 2005

Domestic violence is not a new topic in society. It refers to physical, verbal, sexual, and financial abuse between intimate partners. According to the World Health Organization, one out of every three women has been subjected to physical or sexual violence at some point in their lives, and 30% of women have been subjected to physical or sexual abuse by their relati..

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Father And Uncle Incarcerated For 3 Years In POCSO Case Acquitted: Court Says Minor Influenced By Mother

Every once in a while, we come face to face with the realisation that revenge really does not know any boundaries, and that people can really go to any lengths to seek it. Something like this has happened in the case of The State of Maharashtra vs. Abdulrehman Shahjadhussain Shaikh and anr where the victim girl’s father and uncle were acquitted after being in jail for three years,..

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Charges Under CrPC: All You Need To Know!

KEY TAKEAWAYS In simple words, a charge is an allegation, which is formal in nature. Charge is dealt with in Chapter XVII of CrPC, from section 211 to section 224. The form of charges is dealt with in Sections 211- 217. li style="t..

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Mere Non Framing Of Charge U/S 149 IPC Will Not Vitiate Conviction If No Prejudice Caused To Accused: SC

In the case of State of UP vs Subhash @ Pappu the Apex Court has reiterated a well known principle that if the ingredients of the section are obviously implicit in the charges framed, then the conviction can be sustained, irrespective of the fact that the section was not mentioned in the chargesheet.  This princip..

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SC Quashes Rape Case On The Ground Of Accused Marrying The Victim

KEY TAKEAWAYS RAPE- Unlawful sexual activity and, in most cases, sexual intercourse carried out against a person's will or under threat of damage, or with a person who is under a specific age or incapable of legitimate consent due to mental disease, mental deficiency, drunkenness, unconsciousness, or deceit. ..

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