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Top News Headlines 16th Oct 2021: Karnataka HC Passes Interim Order To Exempt SJMC Doctors From Compulsory Rural Service

Karnataka HC Passes Interim Order To Exempt SJMC Doctors From Compulsory Rural Service The case was of Dr Gali Samrat and State Of Karnataka. The decision was given by Justice R Devdas. The Karnataka High Court has stated that the state government notification directing compulsory one-year rural service shall not be operative..

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Crisis Of Credibility Is The Challenge Faced By Indian Judiciary At Present: Justice Abhay Oka

Key Takeaways Courts need to address the issue of shortage of judges. Improvement should be made to the judge to population ratio Uninterrupted legal work should be ensured to deliver justice. h2 style="text-align: justify;..

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Victim Protection Scheme In The State Only Exists On Paper: Kerala HC Voices Concern Amid Rising POCSO Cases

Case Name: Bessie Paul v. Station House Officer Key Takeaways The Victim Protection Scheme in the State of Kerala exists only on paper. Kerala High Court observes that proper implementation of the Scheme is required. h2 st..

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Advocates Requiring Firearm License For Safety A Dangerous Practice, Not In Noble Profession's Interest: Allahabad HC

Ram Milan v. State of U.P. and 2 Others Key Takeaways A general trend to have a firearm license by an Advocate without any good reason is not appreciable and it is not in the interest of the noble profession It would be a very dangerous p..

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Mere Failure To Avoid Collision By Taking Some Extraordinary Precaution Does Not In Itself Constitute Contributory Negligence: Supreme

Case name and citation K. Anusha Vs Regional Manager, Shriram General Insurance Co. Ltd. LL 2021 SC 571 Key takeaways Contributory negligence is not applied if one person doesn’t take an extraordinary precaution to avoid a col..

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Bank’s Response To Borrower Cannot Be Considered An Order Of Statutory Authority

KEY TAKEAWAYS The Karnataka High Court ruled that the principles applicable to judicial review of a bank's response to its customers will differ from those applicable to judicial review of statutory functionaries' actions. The above observation was made by a single judge..

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Judgement Debtor Can’t Raise Objections In Installments, Res Judicata Applicable To Execution Proceedings

KEY TAKEAWAYS According to the Supreme Court, the principle of res judicata will apply to execution proceedings as well. The Court also stated that a judgement debtor cannot object to installment execution. This observation was made by a Bench comprised of Justices Hemant Gupta ..

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Importance Of An Eye Witness Statement

Key Takeaways The testimony of an eye witness is a part of oral statements which has been defined in Section 3 of the Indian Evidence Act. Eye witnesses are essential in the trial procedures as they help to deliver a reasonable and fair justice to the aggrieved party. li..

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Res Judicata and Estoppel: Differences Explained

Key Takeaways Res judicata is a legal principle that prevents a court from taking action in a case that another court has already decided. Estoppel prevents the parties from doing certain things, such as denying what he previously stated. ..

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SRA Flat Transfer Rules: Explained

Key Takeaways To improve the living conditions of slum dwellers, the Maharashtra Government passed the Maharashtra Slum Areas (Improvement, Clearance, and Redevelopment) Act, 1971. The Act included provisions for slum improvement projects. li style="text-align: justify;"..

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Will a Criminal Case Against Me Affect My Career as a Judge: Through the Latest Judgment by SC

Key Takeaways Due to a lack of "honourable acquittal" in criminal cases, a candidate's non-appointment to a judicial officer post was upheld by the Supreme Court. The case title is Rajasthan High Court v. Akashdeep Morya (CA 5733/2021). li style="text-align..

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No Limitation Period In Case Of A Usufructuary Mortgage: Supreme Court

KEY TAKEAWAYS In the case of a usufructuary mortgage, the Supreme Court has stated that there is no limitation period. The above observation was made by a bench of Justices Hemant Gupta and V Ramasubramanian. BACKGROUND ul..

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Relief Against Third Party Can't Be Claimed In Proceedings Between Husband & Wife Under Hindu Marriage Act

Case name and Citation Nitaben Dinesh Patel vs Dinesh Dahyabhai Patel Citation: LL 2021 SC 570 Key Takeaways   In Nitaben Dinesh Patel vs Dinesh Dahyabhai Patel, it was held that amendment can be made to the written statem..

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Refund Of Stamp Duty Cannot Be Denied On Ground Of Delay If Application Got Belated Due To Judicial Proceedings

Case name and Citation Mr. Rajeev Nowhar vs Chief Controlling Revenue Authority Maharashtra Case, Pune LL 2021 SC 569 Key Takeaways The expression “by any other means” in Section 47 of the Maharashtra Stamp Act, 1958 ref..

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Mere Exclusion Of Sibling From Will Isn't A Ground To Suspect Its Genuineness

KEY TAKEAWAYS The Supreme Court declared that a testamentary court is responsible to examine and investigate materials produced by the parties to the case rather than basing the trial on ethical reasoning. Unless there is a presence of circumstances that contradicts the Evidence..

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