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Section 30 Of The Partnership Act Will Be Applicable Only If The Minor Is A Partner Of The Firm On The Date Of Attaining Majority: SC

The Hon’ble Supreme Court (SC), in the case of State of Kerala v Laxmi Vasant, has held that sub section 5 of Section 30 of the Indian Partnership Act, 1932 (Act) shall apply only if a person who was admitted into partnership when he was a minor, continues to be a partner on the date of attaining majority. The SC..

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Grant Reservation To Transgender Persons In Public Appointments And Educational Institutions Within 4 Months: Rajasthan HC

The Rajasthan HC has, in the case of Ganga Kumari vs. State of Rajasthan directed the State government to treat members of the transgender community as socially and educationally backward classes of citizens and to extend all kinds of reservations to them in cases of public appointments and admissions to educational institutions. li style="text-align..

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Arbitration Matters Can Be Remanded Back For Fresh Decision Upon Due Consent Of The Parties: Supreme Court

The Hon’ble Supreme Court (SC), in the case of Mutha Construction v Strategic Brand Solutions (I) Pvt Ltd, has held that the Court has jurisdiction to remand back the matter to the Arbitrator for a fresh reconsideration if both the parties have consented to set aside the award and remit the matter for a fresh reasoned award. li style="text-alig..

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Top News Headlines 15th Feb 2022: Arbitration Matters Can Be Remanded Back For Fresh Decision

Arbitration Matters Can Be Remanded Back For Fresh Decision Upon Due Consent Of The Parties: Supreme Court The Hon’ble Supreme Court (SC), in the case of Mutha Construction v Strategic Brand Solutions (I) Pvt Ltd, has held that the Court has jurisdiction to remand back the matter to the Arbitrator for a fresh re..

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SC Update: Notice Issued On Special Leave Petition Filed By State Of Gujarat Against Order Of State HC Which Protects Inter-Faith Marriages From Anti-Conversion Law

The Hon’ble Supreme Court, in the case of State of Gujarat v Jamia Ulama-E-Hind Gujarat and others [SLP(C) No. 019945 - 019946 /2021], has issued a notice on the Special Leave Petition (SLP) filed against the order of the Hon’ble High Court of Gujarat (HC) which observed that anti-conversion law shall not apply to consenting inter-faith marriages..

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Ban on Online Gaming With Stakes is Ultra Vires The Constitution, Must Be Struck Down: Karnataka HC

The Hon’ble High Court (HC) of Karnataka, issuing a writ of Mandamus in the case of All India Gaming Federation v State of Karnataka (WP 18703 of 2021), struck down the provisions of the Karnataka Police (Amendment) Bill, 2021(“Amendment”) which prohibited and criminalised online games of skill with stakes, as unconstitutional. li s..

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Challenges To The Constitutionality Of PMLA

KEY TAKEAWAYS PMLA which came into force in 2005 was enacted to prevent money laundering and to provide for confiscation of property derived from money laundering. The provisions of PMLA were challenged on the grounds of their vagueness and ambiguity, however there were good rea..

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Termination Of Services Merely On The Basis Of An FIR Without Inquiry Is Stigmatic; Liable To Be Set Aside: Gujarat HC

In the case of Minakshiben Laxmanbhai Paralia vs. State of Gujarat, the Hon’ble HC has held that an order of termination of employment while referring to an FIR, without departmental inquiry is bound to be stigmatic. In the instant case, the petitioner was an employee at the Gujarat Livelihood Promotion Company L..

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Merger Of Trial Court’s Decree With The Order Of The HC: Application For Correction Can Only Be Maintained In The HC: SC

The Hon’ble SC has observed, in B. Boraiah (through LRs) vs. M.G. Thirthaprasad and ors. that once a decree of the trial court is confirmed by the HC, then an application for any correction in the decree can only be maintained in the HC where the decree was confirmed. The issue for consideration in the instant SL..

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Top News Headlines 14th Feb 2022: Merger Of Trial Court’s Decree With The Order Of The HC

Merger Of Trial Court’s Decree With The Order Of The HC: Application For Correction Can Only Be Maintained In The HC: SC The Hon’ble SC has observed, in B. Boraiah (through LRs) vs. M.G. Thirthaprasad and ors. that once a decree of the trial court is confirmed by the HC, then an application for any correct..

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Conjectures Cannot Be Allowed To Take Place of Proof; Judges To Tread Cautiously In Circumstantial Evidence: Telangana HC

The Hon’ble Telangana HC has, in the case of Janapally Anjilaiah vs. The State of AP has held that conviction cannot be based solely on circumstantial evidence, unless the chain of evidence leaves no other conclusion except the accused’s guilt. In the instant case, Ananthaiah had lodged a complaint in 2008 ..

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Insurance Claims Cannot Be Repudiated For Delay In Intimation About Theft If FIR Was Registered Immediately: Supreme Court

Setting aside an order of the National Consumer Disputes Redressal Commission (NCRDC), the Hon’ble Supreme Court (SC), in Jaina Construction Company v The Oriental Insurance Company Limited &Anr has held that insurance claims cannot be denied merely on the basis that there was a delay in intimation of the same to the Insurance Company. li s..

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Top News Headlines 12th Feb 2022: Conjectures Cannot Be Allowed To Take Place of Proof

Conjectures Cannot Be Allowed To Take Place of Proof; Judges To Tread Cautiously In Circumstantial Evidence: Telangana HC The Hon’ble Telangana HC has, in the case of Janapally Anjilaiah vs. The State of AP has held that conviction cannot be based solely on circumstantial evidence, unless the chain of evidence l..

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Insurance Claims Cannot Be Repudiated For Delay In Intimation About Theft If FIR Was Registered Immediately: Supreme Court

Setting aside an order of the National Consumer Disputes Redressal Commission (NCRDC), the Hon’ble Supreme Court (SC), in Jaina Construction Company v The Oriental Insurance Company Limited &Anr has held that insurance claims cannot be denied merely on the basis that there was a delay in intimation of the same to the Insurance Company. li s..

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Casting Doubt On Every Visitor And Subjecting Them To A CCTV Surveillance Is Irrational And Infringes The Right To Privacy Of People: Madras HC

Rejecting a request by the police to install CCTV cameras inside two clubs and recreation centres to check gambling and other illegal activities, the Hon’ble High Court of Madras, in the case of MM Nagar Sports & Recreation Centre and Anr v The Superintendent of Police, Kancheepuram District, observed that such installation would be in violation of..

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