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Chapter 17 Of Negotiable Instruments Act: Explained

KEY TAKEAWAYS Chapter VII of the Negotiable Instruments Act, 1881 (NIA) deals with discharge from liability on notes, bills and cheques. It contains Section 82 to Section 90. Section 82 deals with the methods of discharge of liability. As per this Section, the maker, acceptor or..

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Lawyers Are Social Engineers, Not Mere Professionals Representing Clients: Justice Surya Kant

KEY TAKEAWAYS Justice Surya Kant rightly pointed that the quality of legal education in a country represents its commitment to democratic values. Lawyers can ensure that justice is served to even the weakest and most vulnerable sections of the society and can help in the develop..

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Section 362 CrPC Does Not Empower Court To Suo Motu Recall Orders Passed By It : SC

KEY TAKEAWAYS The Supreme Court saw that Section 362 of the Code of Criminal Procedure doesn't engage a court to suo moto review the prior order passed by it. DETAILS Name of the case : XXX vs State of Kerala li..

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Illegal Use Of A Licensed Or Sanctioned Weapon Per Se Does Not Constitute An Offence U/S 27 Of The Arms Act, 1959

KEY TAKEAWAYS The Supreme Court has seen that illicit utilization of an authorized or endorsed weapon fundamentally doesn't establish an offense under Section 27 of the Arms Act, 1959, without demonstrating the crime u/s 5 or 7 of the Act. DETAILS li ..

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Mere Allegation Of Fraud Without Particulars Not Sufficient To Get Over Bar On Civil Suit Under Section 34 SARFAESI

KEY TAKEAWAYS Mere mentioning of wordings such as “Fraud/ Fraudulent” in clever legal drafting does not create an exemption to section 34 of the SARFAESI Act. The “fraud” test must be satisfied in the event if a petition comprises allegations of frauds. M..

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POCSO Cases - Allahabad HC Calls Upon Local Police, CWCs To Strictly Comply With Junaid Case Directions On Rights Of Victims

 As recently as on November 22, 2021, the Allahabad High Court in a learned, laudable, landmark and latest judgment titled Jai Hind @ Babu v State of UP and Another in Criminal Misc. Application No. – 19483 of 2021 has observed without mincing any words that in all the cases pertaining to the POCSO Act, the directions issued by the High Court in Junaid Vs..

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Constitution Provides A Framework For Debate; Nation Evolves Through Debates And Discussions

KEY TAKEAWAYS While addressing the Supreme Court Bar Association at the Constitution day event on Friday, the Chief Justice of India N V Ramana, said that most important feature of the Indian Constitution is that it provides a framework for debate. He also said that it is only t..

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Court Duty Bound To Consider Possibility Of Reformation Even If Accused Remains Silent

KEY TAKEAWAYS On Friday, a bench consisting of Justices L Nageswara Rao, BR Gavai and BV Nagarathna, permitted the review petitions filed by 2 death-row convicts to change into capital punishment forced on them to life imprisonment for a term of 30 years. It was also mentioned t..

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Civil Court Cannot Declare Orders Passed Under Urban Land Ceiling Act As Illegal Or Non Est: SC

It is worth paying attention that none other than the Apex Court has as recently as on November 22, 2021 in a learned, laudable, latest and landmark judgment titled State of MP vs Ghisilal in Civil Appeal No. 2153 of 2021 has minced no words to hold that the civil courts has no jurisdiction to try suit relating to land which is subject-matter of ceiling proceedings,..

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Amitabh Bachchan And Kamala Pasand: An Analysis Of The Laws Relating To Endorsement Agreements And Surrogate Advertisements

KEY TAKEAWAYS    Amitabh Bachchan terminates his endorsement agreement with Kamala Pasand and issues notice to the brand to take down the advertisements featuring him.     Section 5 of Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Re..

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Planning To Convert & Obtain An Inter-Caste Marriage Certificate: Think Again

KEY TAKEAWAYS The High Court declared that mere conversion of the religion does not give access to inter-caste marriage certificates. The petition was filed by S Paul Raj, pleading to quash the decision given by the District Administration of Salem and seeking a writ of mandamus..

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Only Aggrieved Person Can File Plea Before Magistrate Under Section 12

KEY TAKEAWAYS In a recent hearing, the Itanagar Bench of the Guwahati High Court held that a magistrate made a mistake in conceding help to a non respondent who was not considered as an aggrieved party for a case recorded under the Protection of Women from Domestic Violence Act, 2005. li style="text-align: jus..

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Lawyers Are Social Engineers, Not Mere Professionals Representing Clients: Justice Surya Kant

KEY TAKEAWAYS On the 19th of November, Justice Surya Kant addressed the students of Dr.B.R.Ambedkar National Law University. He made a statement mentioning how lawyers are the building blocks of the society and not simply just professionals representing their clients. DETAILS u..

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Kerala HC: Borrower Cannot Bring Another Purchaser With Higher Offer Once Bid Is Confirmed

KEY TAKEAWAYS According to the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, once a bid is confirmed, the borrower cannot bring in another purchaser with a higher offer. Justice Bechu Kurian observed that after the borrowers lost their right to redeem the property, the Debts Recovery Tribunal could not have a..

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Entitlement To Gratuity Not Lost By Merely Opting To Extend Retirement Age To 60 Years

KEY TAKEAWAYS Recently, the Supreme Court has observed that entitlement to gratuity is not lost by merely opting for extension of retirement age to 60 years. DETAILS Name of the case : G.B. Pant University Of Agriculture An..

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