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Orissa HC Chief Justice S Muralidhar: We Must Allow Different Ideologies To Coexist And Contribute To The Development Of Constitutional Law

KEY TAKEAWAYS “You can imagine the contribution which leftist lawyers, lawyers with leftist leanings, made towards the development of constitutional law”, remarked Orissa High Court Chief Justice S Muralidhar. He pleaded with the legal researchers who are listening i..

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Court Shall Not Help An Absconding Accused Who Is Not Cooperating With Investigation

KEY TAKEAWAYS “The court should not intervene in the case of an accused who refuses to cooperate with the authorities and is on the run.” The above stated observation was made by a bench of Justices M R Shah and A S Bopanna while upholding an Allahabad High Court ord..

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Custody Of Child Obtained Fraudulently Is Void Ab Initio

Key Takeaways The case of Smriti Madan Kansangra v. Perry Kansangra deals with a guardianship petition filed by Perry Kansagra , father of minor, under the Guardianship and Wards Act 1890, before the District Court. Both the parents sought custody, but the High Court granted cus..

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Parties Voluntarily Entering Into Compromise Must Abide By Consequences

Key Takeaways The question before the court was that whether parallel prosecutions arising from a single transaction under Section 138 of the NI Act could be sustained. The section specifies the consequences of a dishonoured cheque. In the present case, the respondent’s ch..

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Mere Delay In Recording Eye Witnesses' Statement Not Ground To Reject Testimonies

Key Takeaways The appellants were accused of assaulting and killing a local fish trader. During the investigation weapons were recovered from the appellant. They were convicted by the trial court and the case was appealed. The appellants contended that the eye witness testimony ..

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Part Time Employees Can’t Seek Regularization As A Matter Of Right Contrary To Govt’s Regularization Policy

KEY TAKEAWAYS On the basis of equal pay for equal labour, the Supreme Court stated that part-time temporary employees in a government-run institution cannot claim salary parity with regular government employees. The above observations were made by a bench of Justices M R Shah an..

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Summons To Directors Justified If Complaint Avers That They Were In Charge And Responsible For Conduct Of Business Of Company

KEY TAKEAWAYS The Supreme Court has reiterated that a Magistrate's summons to the Directors of a Company issued on a complaint under Section 138 of the Negotiable Instruments Act is justified if the complaint contains the basic averment that they were in charge and responsible for the conduct of the company's ..

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Top News Headlines 11th Sep 2021: Mere Exclusion Of Sibling From Will Not A Ground To Suspect Its Genuineness

Mere Exclusion Of Sibling From Will Not A Ground To Suspect Its Genuineness The case was of V Prabhakara v. Basavaraj K (Dead) by LR and Another. The decision was given by Justices SK Kaul and MM Sundresh. The Court held that a testamentary court is not a "court of suspicion" but a "court of conscience". M..

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Custodial Detention

Key takeaways An accused cannot be held in police custody for more than 24 hours after the arrest is made. The accused needs to appear before the concerned Magistrate within 24 hours of his arrest. The concerned Magistrate has the power to pass the order and to transfer the accu..

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Virtual Hearing Cannot Be A Norm, Public Has Right To Open Court Hearings

KEY TAKEAWAYS The Supreme Court verbally stated on Friday that virtual hearings cannot become the norm, as they were implemented in response to the extreme crisis caused by the COVID outbreak. The Court further stated that it is one thing to assert that the public has the right ..

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Preliminary Enquiry By CBI In Corruption Cases Not Mandatory

KEY TAKEAWAYS The Supreme Court has ruled that in matters of corruption a preliminary investigation by the Central Bureau of Investigation is not required before registering an FIR under CrPC, PC Act, or even CBI manual. The observation was made by a bench of Justices DY Chandra..

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Top News headlines 9th Oct 2021: Preliminary Enquiry By CBI In Corruption Cases Not Mandatory

Preliminary Enquiry By CBI In Corruption Cases Not Mandatory  The Court held that an FIR will not stand vitiated because a Preliminary Enquiry has not been conducted. The decision was given by Justices DY Chandrachud, Vikram Nath and BV Nagarathna. The case was of Central Bureau of Investigation v.Thommandru Hannah Vijay..

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Can Civil And Criminal Proceedings Be Taken Simultaneously: Concept Explained With Important Judgements

KEY TAKEAWAYS Civil proceedings are initiated against civil wrongs that are private in nature, whereas criminal cases are registered against crimes that affect the society. The procedure of filing a civil case is different from that of a criminal case, and even while initiating ..

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SC Issues Guidelines On Grant Of Bail To Accused Not Arrested During Investigation On Filing Of Chargesheet

KEY TAKEAWAYS The Supreme Court has issued guidelines on the question of granting bail to defendants who are not detained while the charge sheet is being filed. The suggestions given by Additional Solicitor General SV Raja and Senior Advocate SidharthLuthra in this regard were a..

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Top News Headlines 8th Oct 2021: SC Permits Girls To Appear For Military School Entrance For 2022 Team

SC Permits Girls To Appear For Military School Entrance For 2022 Team The Supreme Court directed the Centre to make arrangements for the induction of girls into the Rashtriya Indian Military College (RIMC). The decision was given by Justice SK Kaul and Justice MM Sundresh. The case was of Kailas Udhavrao More v. Union of Indi..

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