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Muslim Women (Protection Of Rights On Marriage) Act, 2019: A Critical Analysis

KEY TAKEAWAYS The Delhi High Court has requested the Central Government's response to a review petition seeking to declare the Muslim husband's "assumed absolute discretion" to divorce his wife (talaq-ul-Sunnat) at any time without giving her any reason or advance notice as arbitrary, anti-Shariat, d..

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To Record Witness Evidence Under 299 CrPC, Must Prove That The Witness Is Absconding With No Possibility Of Arrest: Kerala HC

In the case of Mohammad Rafi and ors. vs. State of Kerala and ors. the Hon’ble Kerala HC was called upon to interpret section 299 of the Code of Criminal Procedure, and it held that for recording the evidence of witnesses under 299 CrPC, it is imperative that the accused has absconded and there is no immediate prospect of arresting him. li styl..

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Plea For Conducting DNA Test Cannot Be Entertained Unless Birth Documents Are Under Challenge: Tripura HC

In the case of Nirmal Ghosh vs. Partha Ghosh the Hon’ble Tripura HC has held that any plea for conducting a DNA test cannot be entertained by the court unless there is an explicit challenge to the birth documents and school records of a person. In the instant case, the petitioner had alleged that the respondent, ..

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Top News Headlines 15th Jan 2022: To Record Witness Evidence Under 299 CrPC, Must Prove That The Witness Is Absconding With No Possibility Of Arrest

To Record Witness Evidence Under 299 CrPC, Must Prove That The Witness Is Absconding With No Possibility Of Arrest: Kerala HC In the case of Mohammad Rafi and ors. vs. State of Kerala and ors. the Hon’ble Kerala HC was called upon to interpret section 299 of the Code of Criminal Procedure, and it held that for r..

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Why Are Ther Numerous Pending Cases In Courts And What Is The Reason For The Rise In Alternative Dispute Resolution

ABSTRACT The Indian Judiciary is the evaluation sign for this big country. The Indian Judicial structure is viewed as the strongest Judicial System in the world. The Judiciary is often praised for working towards ensuring the protection of its citizen's rights and privileges and also for looking after the weaker sections ..

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Is The State Required Under Article 21 Of The Constitution To Protect Runaway Couples

KEY TAKEAWAYS In the case of Shobha and Anr. vs. State of Rajasthan and Ors., the Hon'ble High Court of Rajasthan denied police protection to the runaway couple, stating that there is no proof on record that they were under threat from their family. The court stated that if ..

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Mind To Be Applied To Grounds Of Challenge Before Disposing Off A Writ Petition: SC

The Hon’ble SC in a case titled State of Orissa vs. Prasanta Kumar Swain has held that the HC cannot dispose of a writ petition without appreciating the grounds on which the case has been challenged as it is the Court's primary duty to ascertain whether the decision of the Tribunal is sustainable on facts and law. li style="text-align: just..

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Notice Issued By Delhi HC In A Petition To Declare Talaq-ul-Sunnat As Unconstitutional

In a case titled Reshma vs. Union of India through the Ministry of Women and Child Development, GOI and ors., the Dlehi HC has sought a response of the Central Government seeking to declare talaq-ul-sunnat as unconstitutional owing to the arbitrary power of the muslim husband to divorce his wife at any time without any reason or advance notice. This was cont..

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Petitioner Cannot File Writ Petition Unless Remedy Under SARFAESI Has Been Duly Availed Off: Madras HC

The Madras HC has, in a case titled R.Ganesan vs. M/s ASREC (India) Ltd. dismissed the writ petition and has reiterated the settled legal position that if an alternate remedy is available, a writ petition cannot be filed. As per Section 17 of the SARFAESI Act, an appeal can be filed before the Debt Recovery Tribunal wi..

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Top News Headlines 14th Jan 2022: Notice Issued By Delhi HC In A Petition To Declare Talaq-ul-Sunnat As Unconstitutional

Notice Issued By Delhi HC In A Petition To Declare Talaq-ul-Sunnat As Unconstitutional In a case titled Reshma vs. Union of India through the Ministry of Women and Child Development, GOI and ors., the Dlehi HC has sought a response of the Central Government seeking to declare talaq-ul-sunnat as unconstitutional owing ..

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Guide To Understanding Personal Injury And Bodily Injury

Personal Injury A case qualifies as a personal injury case when a party becomes ill or gets injured because of the negligence of some other party, and there are evident damages caused to the first party. The reason behind this is because all the people are entitled to have a duty towards..

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Amendment Taking Away Vested Rights Of The Employees Violative Of Articles 14 And 21: SC

In a case titled The Punjab State Cooperative Agricultural Development Bank Ltd. vs. The Registrar, Cooperative Societies and Ors. the Hon’ble SC has held that an amendment with retrospective effect cannot take away any right which has already vested in the employee as it would violate Articles 14 and 21 of the Constitution. li style="text-alig..

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Police Protection Cannot Be Claimed As A Matter Of Right, Couples Should Have The Courage To Persuade Their Families: Rajasthan HC

The Hon’ble HC of Rajasthan has, in the case titled Shobha and anr. vs. State of Rajasthan and ors., has denied police protection to the runaway couple, stating that there is no evidence on record to suggest that they were under threat from their families. Justice Dinesh Mehta has stated that if the petitioners h..

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Top News Headlines 13th Jan 2022: Foreign Court’s Sentence On Deported Indian Convict Not To Be Reduced Because It Is Higher Than Similar Sentence In India

Foreign Court’s Sentence On Deported Indian Convict Not To Be Reduced Because It Is Higher Than Similar Sentence In India: SC The Hon’ble SC has given a notable judgement in which it has delved into the principles to be followed for the deportation/repatriation of prisoners under the Repatriation of Prison..

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Foreign Court’s Sentence On Deported Indian Convict Not To Be Reduced Because It Is Higher Than Similar Sentence In India: SC

The Hon’ble SC has given a notable judgement in which it has delved into the principles to be followed for the deportation/repatriation of prisoners under the Repatriation of Prisoners Act, 2003. In the instant case titled Union of India and anr. vs. Shaikh Istiyaq Ahmed and ors. the Supreme Court of Mauritius ha..

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