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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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Delhi HC Issues Notice To SBI Over Barring Traders From Using Its UPI Platform To Trade In Crypto Currency

KEY TAKEAWAYS The Delhi High Court has given notice on a petition contesting SBI's decision to restrict cryptocurrency traders from using the UPI network. The matter has been adjourned to December 24 by a Division Bench consisting of Chief Justice DN Patel and Justice Jyoti ..

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Offences Under Special Statutes Including SC/ST Act Can Also Be Quashed By Exercising Powers U/S 482 CrPC/Article 142: SC

In a quite significant development, we saw how none other than the Supreme Court has as recently as on October 25, 2021 in a learned, laudable, landmark and latest judgment titled Ram Awatar vs State of Madhya Pradesh in Criminal Appeal No. 1393 of 2011 has observed without mincing any words that criminal proceedings arising out of Scheduled Castes and the Scheduled..

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Possession Of Book Of Bhagat Singh Not Barred Under Law And Cannot Be Inferred As Link With Naxalites: Court Acquits 2 Of Sedition And UAPA Charges

Key Takeaways Expression of discontent towards the administration of government without exciting disaffection or disloyalty towards the state is not an offence. In proving an offence of conspiracy, a chain of events must be shown which portrays the guilt of the accused. ..

Posted in articles |   3 Views


Kerala HC Quashes FIR Against Pakistan Nationals Who Came For Medical Treatment, Terms It Clear Abuse Of Law

Key Takeaway The High Court of Kerala revoked an FIR filed against Pakistanis who visited India for medical treatment with proper documents and showed their stand for the foreign nationals. The title of the case was Imran Muhammad & Ors. V. State of Kerala & Anr. ..

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Revenue Record Is Not A Document Of Title

Key Takeaways The Supreme Court Bench gave a judgement in the case of Prabhagiya Van Adhikari Awadh Van Prabhag V. Arun Kumar Bhardwaj (Dead) Thr. Lrs. The bench included Justices Hemant Gupta and V Ramasubramanian. The bench was hearing a..

Posted in news |   3 Views


Economic Offences Corrode Fabric Of Democracy, Against National Economy And National Interest

Key Takeaways The Supreme Court on Tuesday passed a judgement stating that economic offences wear down the fabric of democracy and it is against the national economy and interest of the country. Justice Anu Malhotra denied the bail to the ex- Fortis promoter Malvinder Mohan Sing..

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Employer Cannot Be Compelled To Appoint A Candidate Merely Because He Made Truthful Declaration Regarding Criminal Cases

Key Takeaways The Supreme Court while deciding the case of Union of India & Others V. Methu Meda said that an employer cannot be compelled to assign a candidate just because he spoke the truth regarding a criminal case. The Judgement w..

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