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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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Absconder Not Entitled to Anticipatory Bail: Supreme Court

Key Takeaways A warrant of arrest was issued and the respondent was accused of absconding and concealing himself to avoid service of a warrant of arrest. The accused filed an anticipatory bail application before the trial court, which was dismissed. The high court allowed bail...

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No Fundamental Right To Receive Unregulated Foreign Contributors

KEY TAKEAWAYS "There is no fundamental right to receive uncontrolled foreign contributions without any regulation," the central government has stated "unequivocally." While defending revisions to the Foreign Contribution (Regulation) Act made in 2020, the Cen..

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Specific Role Of Accused Not Required To Be Stated In Order Granting Prior Approval U/S 24 (1)(A) KCOCA

KEY TAKEAWAYS The Supreme Court held that the accused's precise role does not have to be specified in the order providing prior approval under Section 24(1)(a) of the Karnataka Control of Organized Crimes Act, 2000. While setting aside the Karnataka High Court judgement that..

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Views of Eminent Lawyers on Khans Arrest Paying price of being celeb

Aryan Khan 'Paying Price Of Being A Celeb', NCB An 'Ostrich With Head Buried IN Sand': Ex-AG Mukul Rohatgi Before going into the details, it would be apt to first and foremost reveal that Aryan Khan who is grabbing news headlines all over be it in newspapers, magazines, news channels etc, is born on November 1..

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Crisis Of Credibility Faced By Judiciary

Key Takeaways Justice Oka was recently elevated to the Supreme Court. In a speech at a felicitation event in Thane District Courts Bar Association, he stated that the judiciary is currently facing a crisis of credibility and the legal profession should strive to restore the faith of the citizens in the judiciary...

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Child Property Rights Upon Divorce

Key Takeaways The Laws of Succession are legal principles of the distribution of assets of a deceased person. These include the order in which people are to share the property/estate of the deceased person. An heir is a person who is intended to inherit the property of the one w..

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Dissolution Of Partnership Firm (Section 39-44 Of The Partnership Act, 1932)

Key Takeaways The terms partner and partnership are defined under Section 4 of the Partnership Act. Dissolution of partnership firm is different for from dissolution of a partnership. Dissolution of a partnership firm is defined under Sect..

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