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The Requirement To File A Certificate Of A Senior Advocate Along With A Curative Petition Mandatory

KEY TAKEAWAYS The name of the case related to this judgment is Rajesh Jha V. State of Uttar Pradesh. The coram included Justice Hima Kohli. In this case, the Apex Court held that it is mandatory to file a certificate along with the curativ..

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Offences Under SC/ST Act Can Be Quashed By Exercising Powers Under Article 142: SC

KEY TAKEAWAYS A land dispute between the appellant and their neighbour resulted in a criminal proceeding as the appellant threw a brick at the neighbour, and made some unsavoury caste-based comments. The purpose of Section 3(1)(x) of the SC/ST Act is to deter caste-based insults..

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Top News Headlines 26th Oct 2021: Madras HC: Cannot Expect Eye Witness Or Independent Witness Since Culprits Exploit Child When Alone

Madras HC: Cannot Expect Eye Witness Or Independent Witness Since Culprits Exploit Child When Alone The case was K Ruban v. State. The decision was given by Justice P Velmurugan. He Court stated that conviction of an accused in cases under the Protection of Children from Sexual Offences (POCSO) Act can be based solely on the ..

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State Police Has Duty To Continue Investigation Of Schedule Offence Till NIA Takes It Over: SC

Naser Bin Abu Bakr Yafai vs State of Maharashtra LL 2021 SC 576 KEY TAKEAWAY Mere renumbering of the case filed by the NIA Mumbai did not take away the power of the ATS Nanded to continue the investigation. Naser Bin Abu Bakr Yafai and thre..

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High Court Cannot Let Party Modify Its Offer Unless Other Parties Are Also Heard

Key Takeaways The High Court passed an order in favour of the applicants, directing the ONGC to finalise a contract with the applicant. The other two applicants were also interested in sourcing gas from ONGC, but weren’t given a chance to be heard by the High Court. Aggrie..

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Chief Justice NV Ramana Urges For Financial Autonomy Of Judiciary

Key Takeaways Chief Justice, NV Ramana, pushed for complete financial autonomy of judiciary' by the establishment of the National Judicial Infrastructure Authority (NJIA) of India. He has sent a proposal for NJIA to the Ministry of Law. In his speech he urged the Minister to..

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Should India Play Cricket World Cup With Pakistan

It is extremely shocking to see that India is least perturbed about the most dubious, dangerous and dastardly role played by Pakistan in repeatedly sending terrorists to kill not just our soldiers but also innocents as we just witnessed when even migrants from UP like Sageer Ahmed from Saharanpur and so also from Bihar were not spared apart from Kashmiri Pandits and..

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Different Shades Acquittal: Honoured Acquittal, Acquittal of Blame and More

In the judgment of the case – Union of India & Others v. Methu Meda, delivered on October 6, 2021, Justices Indira Banerjee and J.K. Maheshwari, at the Supreme Court, had occasion to deal with various shades of "acquittal" developed through the judicial pronouncements, as related expressions are unknown to the Code of Criminal Procedure or the In..

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Is It Safe To Rely On Testimony Of Hostile Witness

Let me come straight to the point. First of all, we must know what exactly hostile means. In simple layman's language, hostile means to be against something in particular. In court proceedings, a person is usually declared hostile by the Court who after having taken a stand on something turns hostile and retracts from the stand which he/she had taken earlier !/..

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Top News Headlines 25th Oct 2021: High Court Under Article 226 Cannot Permit Party To Modify Its Offer Without Hearing Other Parties

High Court Under Article 226 Cannot Permit Party To Modify Its Offer Without Hearing Other Parties The case was of Vaibhavi Enterprise v. Nobel Cera Coat Limited and Tanish Cerachem Private Limited v. Nobel Cera Coat Limited. The decision was given by Justices MR Shah and AS Bopanna. The Court held that the High Courts under ..

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Summons Under Criminal Procedure Code, 1973

Key Takeaways Section 61-69 in the Criminal Procedure Code deals with the Process to Compel Appearance. Required procedure must be followed and Form I in Schedule II should be filled and signature of the officer presiding the court and seal of the court is required. li s..

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Difference Between Parole And Furlough

Key Takeaways While parole is granted to the prisoner to meet a specific exigency, furlough may be granted after a stipulated number of years have been served without any reason. Furlough not a matter of right. What is Parole ..

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Testimony Of Witness Who Identified Accused In Court Cannot Be Discarded Merely Because A Test Identification Parade Was Not Conducted

KEY TAKEAWAYS The Supreme Court stated that a witness' evidence identifying an accused in court cannot be thrown out just because a Test Identification Parade was not held. The bench of Justices Ajay Rastogi and Abhay S. Oka said that in some cases, there may be sufficient c..

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Only Passport Authorities Have Power To Impound Passport & Not The Police Nor Judicial Magistrates

KEY TAKEAWAYS According to the Madras High Court Bench, neither the police nor the courts have the right to seize the passports of suspects in criminal proceedings because the ability to do so is granted solely to Regional Passport Officers under the Passports Act 1967. Justice ..

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Order XI Rule 16 CPC: Transferee Of Rights In Subject Matter Of Suit Can Apply For Execution Without Separate Assignment Of Decree: SC

Key Takeaways The appellants contended that they were the authorized assigned representatives of the contractors. The court was of the view that the objective of the amendment was to deal with the scenarios such as in the present case; to avoid separate suit proceedings being fi..

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