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The Embargo For Grant Of Bail Under Section 43 D (5) Of The Unlawful Activities Prevention Act Will Not Be Attracted If The Charge Sheet Does Not Reveal A Prima Facie Case

Key Takeaways “After perusing the charge sheet, if the Court is unable to draw such a prima facie conclusion, the embargo created by the proviso will not apply" “The Court has to examine the material forming a part of the charge sheet for deciding the issue whet..

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Justice D Y Chandrachud: Awareness Of Women’s Rights Can Be Truly Meaningful If It Is Created Among Our Society’s Younger Generation Of Men

Key Takeaways It is critical to raise legal awareness among women about how to enter the workforce in the first place. There must be an intersectional approach to discrimination and violence which women face Observation ul..

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Mere Dispatch Of Public Analyst's Report To Accused Not A Sufficient Compliance Of Mandatory Requirement To Serve It On Him

Key Takeaways Mere dispatch of the report of a public analyst to the accused is not sufficient compliance with the requirement of subsection (2) of Section 13 of the Prevention of Food Adulteration Act, 1954, to serve the report on him/her. Observation li..

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Kapil Sibal Makes Valid Point On PMLA Interpretation

We saw how just recently on October 27, 2021, the Supreme Court commenced hearing on the batch of petitions that were concerned with the interpretation of the Prevention of Money Laundering Act (PMLA). Kapil Sibal who is an eminent and senior lawyer of Supreme Court and also the former Union Law Minister as also former President of Supreme Court Bar Association and ..

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Failure To Communicate Rejection Of Detenu's Representation In Time Bound Manner Will Vitiate Detention Order

Key Takeaways Failure of Government to communicate rejection of a detenu's representation in a time-bound manner is sufficient to vitiate the order of detention passed under National Security Act. Background The accused..

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Proceedings Under Section 138 NI Act For Dishonoured Cheques Issued As Security

Key Takeaways This is the case of Sripati Singh (deceased) through son Gaurav Singh v. State of Jharkhand & Anr. The respondent approached the appellant and sought financial assistance for Rs. 1 Crore. The respondent submitted cheques as security, which were returned due to ..

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Notice To Victim Under Section 15A In Court Proceedings Against Accused Is Mandatory

Key Takeaways The Supreme Court observed that the victim must be notified about the proceedings made against the accused under Section 15A of the SC-ST (Prevention of Atrocities) Act and it is a mandatory requirement. The Bench consisting of Justices DY Chandrachud and BV Nagara..

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Mere Support To Terrorist Organization Without Intention To Further Its Activities Does Not Attract Section 38/39 UAPA

Key Takeaway The Supreme Court while delivering a judgement in the case of Thwaha Fasal V. Union of India stated that mere support or association with a terrorist organization is not sufficient to attract offences under Section 38 and 39 of the Unlawful Activities (Prevention) Act, 1967. The Coram consisted of Justices Ajay Rastogi and Abhay S. Oka who restored th..

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Bombay High Court Grants Bail To Aryan Khan & 2 Others In Cruise Ship Drug Case

Key Takeaways The Bombay High Court has granted bail to Aryan Khan, Arbaaz Merchantt, and Munmun Dhamecha. Background The three were arrested by the Narcotics Control Bureau (NCB) following a raid on board a luxury cruise o..

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Firecrackers Regulation Not Against Any Particular Festival Or Community: Supreme Court

Key Takeaways Responsibility must be entrusted to authorities who have been given the right to implement the order on the ground. The right to life of other citizens cannot be infringed under the guise of employment while considering a ban on firecrackers h2 styl..

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Limitation Period For Appeal Under Section 61 IBC Starts Running From Date Of Pronouncement; Delay In Uploading Won't Exclude Limitation

Key Takeaways While hearing the case of V Nagarajan V. SKS Ispat and Power Ltd. & Ors, the Supreme Court held that if a party fails to apply to secure a certified copy of the order after pronouncement immediately, then the party is denied the right to extend the limitation period because of their delay. li..

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Possessing Book Of Bhagat Singh Is Not Barred Under Law

Key Takeaways The Sessions Court in Madras gave a judgement while acquitting two tribal persons alleged to have links with the Naxalites in the Unlawful Activities (Prevention) Act and sedition case. The Court stated that books, certain articles, and paper cuttings of freedom fi..

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Proceedings Under SC-ST Act Not Vitiated Merely Because Cognizance Was Taken By Magistrate: Supreme Court

Key Takeaways Criminal proceedings under SC-ST (Prevention of Atrocities) Act, is not vitiated merely because the Magistrate had taken cognizance and committed the case to Special Court. The insertion of the second proviso to Section 14 of the Act only gives additional powers to..

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Arbitrator Has Substantial Discretion In Awarding Interest U/S 31(7)(A) Arbitration Act

Key Takeaways An arbitrator has substantial discretion in awarding interest under Section 31(7)(c) of the Arbitration and Conciliation Act, 1996. Background The Arbitrator had granted interest at 18% per annum from 01.01.20..

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Medical Practitioners Must Be Protected From The Onslaught Of Frivolous Complaints

Key Takeaways In the case of Dr P. Basumani V. The Tamil Nadu Medical Council, The Madras High Court revoked an order passed by the Tamil Nadu Medical Council (TNMC) suspending a gastroenterologist by stating that natural justice was taken in confidence. The Madras High Court al..

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