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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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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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