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Alleged Forced Conversion In A Childcare Institution; Mother Challenges The Provisions Of JJ: Seeks 5Cr Compensation, Notice Issued

The Hon’ble High Court of Delhi (HC or Court), in Sushila Devi v Union of India issued a notice challenging several provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) and the Juvenile Justice (Care and Protection of Children) Model Rules, 2016 (Model Rules).   The notice ..

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SARFAESI Overrides Provisions Of Excise Act: Lenders To Be Given Priority Over Centre And State In Matter Of Dues, Including Excise And Tax: SC

The Hon’ble Supreme Court (SC or Court),in Punjab National Bank v Union of India & Ors has set aside the impugned order of the Allahabad High Court (HC) in favor of the Petitioner.  The Court held that the Respondent’s contention that a confiscation order could not be quashed owing to a security interest created in respect of the same pr..

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Delhi High Court issues High Court Cannot Exercise Its Powers Beyond The Contours Of What Is Stipulated Under Section 482 of CrPC: SC

The Hon’ble High Court of Delhi (HC or Court),in Sushila Devi v Union of Indiaissued a notice challenging several provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) and the Juvenile Justice (Care and Protection of Children) Model Rules, 2016 (Model Rules).   The notice wa..

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Default By The Employer In Depositing EPF Contribution; Mens Rea Not Essential For Imposing Penalty: SC

The Hon’ble Supreme Court, in Horticulture Experiment Station Gonikkopal, Coorg vs. Regional Provident Fund Organisation has observed that the element of mens rea, which is otherwise necessary for fastening criminal liability, is not essential for imposing penalty in cases of breach of civil obligations. In the i..

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Respondents Claim Not Forming Part Resolution Plan Shall Not Survive: SC

The Hon’ble Supreme Court (SC or Court),in Ruchi Soya Industries Ltd v Union of India &Orshas observed that claims which were not lodged pursuant to pursuant to public announcements under Sections 13 and 15 of the Insolvency & Bankruptcy Code, 2016 (IBC) and not forming part of the resolution plan submitted before the NCLT would not survive. &n..

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Top News Headlines 25th Feb 2022: High Court Cannot Exercise Its Powers Beyond The Contours Of What Is Stipulated Under Section 482 of CrPC

High Court Cannot Exercise Its Powers Beyond The Contours Of What Is Stipulated Under Section 482 of CrPC: SC The Hon’ble Supreme Court (SC or Court), in Registrar General, High Court of Judicature at Madras v The State, represented by the Inspector of Police, Central Crime Branch, Chennai &Anr observed that..

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High Court Cannot Exercise Its Powers Beyond The Contours Of What Is Stipulated Under Section 482 of CrPC: SC

The Hon’ble Supreme Court (SC or Court),in Registrar General, High Court of Judicature at Madras v The State, represented by the Inspector of Police, Central Crime Branch, Chennai &Anr observed that the High Courts ought to be mindful and conscious about the consequences of their orders and due care must be taken to avoid suo motu exercise of such ..

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Property Given As Dowry Will Be Included In A Partition Suit By A Daughter Under Hindu Succession Act: Karnataka HC

The Karnataka HC has, in Hemalatha vs. Venkatesh held that the properties given as dowry or otherwise at the time of marriage to the daughter would be included in the partition suit instituted by the daughter. Only then, according to the Court, can an equitable division of the assets be done without injustice to the rest of the family members. li sty..

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Indefinite Adjournment In Anticipatory Bail Detrimental To Valuable Right Of Person SC

Without mincing any words of any kind, the Apex Court it must be said in an extremely laudable, learned, landmark and latest judgment titled Rajesh Seth vs The State of Chhattisgarh in 2022 Live Law (SC) 200 and Special Leave to Appeal (Crl.) No(s).1247/2022 delivered as recently as on February 21, 2022 observed that indefinite adjournment in a matter relating to an..

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Top News Headlines 24th Feb 2022: POCSO Case Against Filmmaker Mahesh Manjrekar: Says ‘I Stand By The Film’

POCSO Case Against Filmmaker Mahesh Manjrekar: Says ‘I Stand By The Film’ Mahesh Manjrekar’s latest Marathi film Varan Bhat Loncha Kon Nay Koncha has landed him in deep legal trouble. A case has been filed against the filmmaker at Mahim Police Station in Mumbai for the alleged indecent portrayal of y..

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POCSO Case Against Filmmaker Mahesh Manjrekar: Says I Stand By The Film

Mahesh Manjrekar’s latest Marathi film Varan Bhat Loncha Kon Nay Koncha has landed him in deep legal trouble. A case has been filed against the filmmaker at Mahim Police Station in Mumbai for the alleged indecent portrayal of young kids and women. Apart from him, the complainant has also mentioned the name of the..

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Bar On Medical Practitioners Receiving Freebies Is No Less A Prohibition On The Part Of The Giver, Or Donor: SC

The Hon’ble Supreme Court (SC or Court),in the case of Apex Laboratories v DCIT, Large Payer Unit - II,has held that supplying freebies to doctors and medical practitioners is prohibited and hence the same shall also stand disallowed under Section 37(1) of the Income-tax Act, 1961 (Act).   The appeal was fil..

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For The Purpose Of Section 142 Of The NI Act, The Company Will Be The Complainant And Employee Representing The Company Will Be The Defacto Complainant: SC

The Hon’ble Supreme Court (SC or Court),in the case of M/s TRL Krosaki Refractories Ltd v M/s SMS Asia Private Limited & Anr,has observed that in cases concerning cheque bounce under Section 138 of the Negotiable Instruments Act, 1881 (NI Act), the complainant/ payee, being a company, can be represented by its authorised employee.   li..

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Bail In POCSO Cases: Love Affair Not A Valid Ground, Says SC

The SC has, in the case of X (Minor) vs. The State of Jharkhand, held that once it has been established that the victim / prosecutrix was below the age of consent (below the age of 18 years), the fact that she was in a love affair with the accused and that the accused later refused to marry her were irrelevant considerations so far as the grant of bail is co..

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Visiting Matrimonial Home For One Cannot Be Presumed As Resumption Of Matrimonial Relationship: SC

The Hon’ble Supreme Court (SC or Court),in the case of DEBANANDA TAMULI v SMTI KAKUMONI KATAKY, dissolved a marriage on the ground that a case of desertion under Section 13 of the Hindu Marriage Act, 1955 (HMA or the Act) was made out.   The appeal arose from the dismissal of petition for divorce on the grou..

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