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Arbitration Clause Cannot Be Invoked After Signing The Discharge Voucher Without Any Protest: Gujarat High Court

In Balkrishna Spintex Pvt. Ltd. v. The New India Assurance Company Ltd, the Gujarat High Court held that once a party has signed the discharge voucher without any protest, it loses its entitlement. A Single Judge Bench of Chief Justice Aravind Kumar noted that an arbitration application cannot be accepted merely on the..

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Industrial Disputes Act Applicable To Institution Registered With Wakf Board, Engaged In Commercial Activity: Gujarat High Court

According to the Gujarat High Court, a Wakf Board-registered institution that engages in commercial operations like publishing magazines in addition to providing religious education qualifies as a "industry" for the purposes of the Industrial Disputes Act. It further stated that a "Maulvi" who is in charge of overseeing such commercial activity—in th..

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Enforcement Directorate: History, Composition, Functions, Powers

Key Takeaways Established in the year 1956. Headquartered in New Delhi, with zonal offices in 10 cities. Functioning under the Department of Revenue, Ministry of Finance. Investigates offenses under ..

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How To Lodge A Vigilance/Corruption Complaint With CVC

Key Takeaways Establishing Central Vigilance Commission to address the issue of corruption in India. Created on the recommendations by the Committee on Prevention of Corruption. Complaint handling policy of CVC. li style="text-alig..

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No Illegality: Calcutta High Court Upholds State Govt's Door Step Ration Delivery Scheme

The West Bengal Duare Ration plan, under which the State government delivers food grains through the public distribution system at the doorsteps of beneficiaries, has been deemed valid by the Calcutta High Court.  In the case of Sk. Manowar Ali & Ors v. The State of West Bengal & Ors, a petition was filed ..

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Breach In Duty Of Care From Doctors Makes Them Liable For Compensation: NCDRC

In Abhishek V.S. & Ors. v. K.V.M. Hospital & Ors, NCDRC held that if a doctor fails in his duties to act with reasonable care, it will not be mere error of judgment, but it will amount to breach of duty of care and the patient would be entitled for compensation. A Division Bench comprising Justice R.K. Agrawal ..

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State Vigilance Department Cannot Be Excluded From The Operation Of RTI Act: Orissa High Court

In Subash Mohapatra & Ors. v. State of Odisha & Anr, the Orissa High Court held that the Vigilance Department of the State cannot be given complete exemption from the operation of the Right to Information Act, 2005.  The Hon'ble Court also directed that information related to allegations of human right..

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Computation Of Period Of Limitation

Key Takeaways The purpose and the main attributes of the Limitation Act, 1963 have been discussed in this article. Its function in reducing the number of petitions before legal institutions, effectively alleviating the pressure on them by further curbing repetitive litigations, ..

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Assignment And Licensing Of Copyrights

Key takeaways The owner of a work's copyright has the ability to assign his copyright to anyone else. As a result of the assignment, the assignee acquires all rights relating to the copyright of the assigned work. If the assignment period is not specified, it will be assumed..

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Doctrine Of Subrogation In Insurance

Key Takeaways Subrogation is the substitution of one party for another. Provides the legal right to claim damages from a third party on behalf of another party. The Primary Area of Application is the Insurance Sector. li style="tex..

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Dispute Arising Out Of Property Used In Trade & Commerce Exclusively Is A Commercial Dispute: Gujarat High Court

In M/S. Kushal Ltd. v. M/S. Tirumala Technocast Pvt. Ltd, the Gujarat High Court held that in order to find out whether a dispute relating to property is a 'commercial dispute' or not under the Commercial Courts Act, 2015, what has to be checked is if the concerned property is used 'exclusively' in trade or commerce. A Division Bench comprising Justices NV Anj..

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Wandering During Late Night Is No Offence: Mumbai Court

Recently, a man was arrested at 1:30 AM from a South Mumbai Street for wandering at such a later hour. Acquiring the man, a Metropolitan Magistrates Court held that wandering on streets late at night in a city like Mumbai is not an offence. The Court further said that an offence ..

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Sanction Order For Prosecution A Public Document U/S 74(1)(iii) Of Indian Evidence Act: P&H HC

While clearing the air on the evidentiary value of sanction order for prosecution, the Punjab and Haryana High Court in a recent, remarkable, rational, refreshing and robust judgment titled State of Haryana v. Asman and another and connected matter in CRM-M-11894-2018 and another delivered as recently as on March 16, 2022 has observed that a sanction order (for pros..

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Comparative Analysis Of Section 482 Of The CrPC, Article 142,And Section 151 Of CPC

Key Takeaways  A micro examination of the roots of inherent powers exercised by the Supreme Court and the High Courts in situations of contradictions facilitated by provisions governing the particular cause or matter in front of them.  Dissection of the word ‘inh..

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Fundamental Duties In India: Background, Implementation And Judicial Decisions

Key Takeaways Fundamental Duties were incorporated into the constitution by the 42nd Constitution Amendment Act of 1976. li style="text-align: justif..

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