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Supreme Court Refuses To Entertain Writ Petition Challenging Challenging The Election By BCI And Seeking 30% Reservation For Women In State Bar Councils

A two judge Bench consisting of Justice L. Nageshwar Rao and Justice Abhay S. Oka dismissed a writ petition filed under Article 32 of the Constitution, in the case of Puja Gupta and Anr v The Bar Council of India and Anr. The Writ was filed challenging the election notification dated 14 Jan 2022 issued by the Responden..

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Emergence Of Metaverse: Is It The End Of Privacy

KEY TAKEAWAYS Metaverse refers to a virtual space in which one may communicate with other people and go to places using whatever avatar you like. It is the establishment of a virtual universe that connects communities, products, businesses, workspace, entertainment, artists, and..

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Standard Of Burden Of Proof To Prove Alibi By The Accused Is Very High

INTRODUCTION In the simplest terms, a Plea of Alibi could be understood as a defence in criminal proceedings where an accused tries to establish that he could not have committed the offence as he was elsewhere, and not present at the scene of the crime. The burden of proof lies on the accused to establish the plea that he was..

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Order VII Rule 11: Plaint Can Be Rejected In Its Entirety Or Not At All: Delhi HC

The Delhi HC has, in Kavita Tushir vs. Pushpraj Dalal CM(M) has held that there cannot be a piecemeal rejection of a plaint under Order VIII Rule 11 of CPC. The plaint can be rejected either in its entirety or not at all. The Delhi HC also held that the Court, while rejecting an application under Order VIII Rule 11 has..

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A Study On Modifications Or Withdrawals Of COC Approved Resolution Plan Under IBC, 2016

KEY TAKEAWAYS The Insolvency and Bankruptcy Code, 2016 (IBC) is a mechanism for resolving or liquidating a Corporate Debtor whereby the future of the company is decided by the Committee of Creditors once the Adjudicating Authority approves an application under Section 7, 9, or 10 of the code. li style="text-al..

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Arbitral Award To Be Patently Illegal If The Arbitrator Fails To Act According To Terms Of Contract Or Ignores Specific Terms Of The Contract: Supreme Court

Supreme Court Bench, in the case of Indian Oil Corporation Ltd v Shree Ganesh Petroleum Rajgurunagar,has observed that an award will be patently illegal where the Arbitral Tribunal fails to acts on terms of the contract or ignores the specific terms of a contract.   Brief facts of the case are that the Appellant took a plot of land (premise) on lease for a ter..

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S. 37 NDPS Act: Reasonable Grounds Mean Something More Than Prima Facie Grounds: Calcutta HC

The Calcutta HC has, in the case tilted Manik Das vs Narcotics Control Bureau has interpreted section 37 of the Narcotic Drugs And Psychotropic Substances Act and has observed that the words ‘reasonable grounds’ means something more than mere ‘prima facie’ grounds. In the instant case, one Sanji..

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Accused Cannot Be Discharged Under Section 245(2) CrPC Without Recording Reasons And Examining Witness: Calcutta HC

In the case of Supratik Ghosh vs. State of West Bengal and anr. the Hon’ble Calcutta HC has held that the Magistrate, discharging an accused under section 245(2) of CrPC has to be satisfied of the fact that no case has been made out and has to record reasons for the same. Thus, he cannot discharge the accused merely on the ground that the accused has f..

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Top News Headlines 4th Feb 2022: S. 37 NDPS Act: Reasonable Grounds Mean Something More Than Prima Facie Grounds

S. 37 NDPS Act: Reasonable Grounds Mean Something More Than Prima Facie Grounds: Calcutta HC The Calcutta HC has, in the case tilted Manik Das vs Narcotics Control Bureau has interpreted section 37 of the Narcotic Drugs And Psychotropic Substances Act and has observed that the words ‘reasonable grounds’ me..

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Concept Of Dying Declaration: A Critical Analysis

KEY TAKEAWAYS Dying declaration is an exception to the general rule and is based on the legal maxim “Nemo moriturus praesumitur mentire” which means that a man will not meet his maker with a lie in his mouth. The law regards the words of the dying person with great s..

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Charge Vs Actionable Claim Vs Actionable Vs Mortgage Vs Pledge Vs Lien

KEY TAKE AWAYS Charge refers to the safety for securing the debt, by way of pledge, hypothecation and mortgage. Actionable Claim may be a claim or a debt that one can take an action. In other words, there exists a claim (debt during this case) and one can approach the court for ..

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Extramarital Affair: A Cause Of Mental Cruelty

KEY TAKE AWAYS A sexual relationship between a married spouse and another who he/she is not legally married to is known as an extramarital affair also called as adulteration. Section 497 IPC and Section198 CrPC had delt with the criminalisation of extramarital affairs. l..

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Civil Contempt Can Be Made Out Under Order XXXIX Rule 2A Of Civil Procedure Code Only In Case Of Wilful Disobedience: Supreme Court

Setting aside the order of a single bench judge of the Delhi High Court (HC), Supreme Court (SC), in the case of Future Retail Ltd v Amazon.com Investment Holdings & Future Coupons Pvt Ltd v Amazon.com Investment Holdings observed that a civil contempt can be made only when there is a “wilful disobedience” and not where there is a mere disobe..

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Section 82 CrPC Does Not Bar Filing Of Anticipatory Bail By Proclaimed Offenders: Punjab and Haryana HC

The Hon’ble Punjab and Haryana HC, in the case of Mamta Giri vs. State of UT Chandigarh has held that nothing contained in section 82 CrPC will bar a proclaimed offender to file an application seeking anticipatory bail, if he could satisfy the Court that he had cogent reasons for not being able to be present in Court. li style="text-align: just..

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Criminal Court Can Try A Case Against An Army Personnel When The Commanding Officer Does Not Exercise His Discretion To Initiate Court Martial: SC

In the case of State Of Sikkim vs Jasbir Singh the Hon’ble SC has held that a criminal Court will have the jurisdiction to try a case against an army personnel when the Commanding Officer has not exercised his discretion under section 125 of the Army Act to initiate the proceedings of Court Martial. In the instan..

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