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RJS 2021( Set B) Questions Answer With An Explanation

Q.1 Under the provision of the Specific Relief Act, 1963, when a part of a contract which, taken by itself , can and ought to be specifically performed, stands on a separate and independent footing from another part of the same contract which cannot or ought not to be specifically performed, then:- Answer: The court may dire..

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All About Notary

Key Takeaways Notarizing legal documents helps to avoid fraud by ensuring that transactions are conducted appropriately. The Notaries Act of 1952, as well as the Rules promulgated under it, govern the profession of notary in India. A Notar..

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Legal Aid: A Provision For Benefits Of The Needy

Key Takeaways The majority of people are unaware about the legal system in place in the country, as well as their constitutional rights. The right to be provided counsel at the government's expense was emphasised in the 14th Law Commission Report. li style="text-alig..

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Abortion Laws: A Way Forward For Women And Human Rights

Key Takeaways Abortion is a procedure which is still looked down upon by the Indian society and especially for unmarried women. While there have been countless discussions and debates in India about abortion rights, abortion of a foetus is still considered barbarous and illegal...

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Mechanical Compliance Of Stipulations U/Sec 63 Indian Succession Act Does Not Prove Execution Of Will

KEY TAKEAWAYS When an unprivileged Will is in question the requirements laid down in section 63 must be complied. Sheer mechanical submission is not sufficient to succeed under section 63 of The Succession Act of 1925. When a matter in app..

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Mere Non-Availability Of Operation Theatres When Patient Was Taken For Surgery Not Medical Negligence On Part Of Hospital : SC

KEY TAKEAWAYS Recently, on Tuesday, the Supreme court observed that solenon-availability of operation theatres during an emergency can not be considered as negligence on the hospital’s part. DETAILS Name of the case :..

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Irregularity In Order Taking Cognizance Will Not Vitiate Criminal Proceedings, Says SC

KEY TAKEAWAYS The Supreme Court on 29th November, while deciding an appeal against a judgement of the Karnataka High Court held that the special court does not have the power to take cognizance of an offence under the MMDR Act in the absence of a specific provision to that effect unless the case is committed to it by ..

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Forcing Prisoner's Family To Travel From Mountains To Plains To Meet Prisoners Violate Article 21: Uttarakhand HC

In an extremely commendable gesture aimed at drastically ameliorating the innumerable sufferings of prisoners and his family, the Uttarakhand High Court in a learned, laudable, landmark and latest judgment delivered as recently as on November 17, 2021 has been forthright enough to observe that forcing the family of a prisoner to travel through the mountainous terrai..

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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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