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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Accused Entitled To Have His Name Redacted From Court Orders Once Acquitted: Madras HC

BACKGROUND The petitioner had faced criminal proceedings for the offence under Sections 417 and 376 of the I.P.C and was sentenced guilty by the Trial Court. The petitioner filed an appeal before the Madras High Court challenging the judgment of the Trial Court and was acquitted..

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SC Asks Uttar Pradesh Govt To Reconsider Its Decision To Allow Kanwar Yatra

BACKGROUND The Bench headed by Justice RF Nariman took suo motu cognizance of the decision of the UP Government to allow Kanwar Yatra with strict norms of social distancing. The yatra attracts around 30 million people from north and north-western states to Haridwar in Uttarakhan..

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Right To Summon Documents Has To Be Exercised While The Trial Is In Progress And Not When The Trial Is Completed: SC

BACKGROUND OF THE CASE The trial of the case had already been completed before a long time and the summoning document was moved only after the accused was examined under Section 313 of Criminal Procedure Code. When the matter was taken up in the Telengana High Court, the Court r..

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New Rules To Regulate Drone Activities Proposed By The Civil Aviation Ministry

INTRODUCTION Any aircraft that can be operated autonomously or that can be operated in a remote way without a pilot on board can be classified under the definition of drone. The Unmanned Aircraft System Rules 2021 came into force on 12th March, 2021. li style="text-align..

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Kerala HC: Banks Cannot Deny Educational Loan Due To Liabilities Of Parents

Who is the Petitioner The name of the case is Devika Soniraj v. The Zonal Manager, Bank of India. The petitioner is a student at the Bachelor of Ayurveda Medicine and Surgery. Her father has a small-time business; the shop had to be closed..

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Top News Headlines 20th July 2021: Plea Filed In SC Seeking One Nation, One Penal Code

Plea Filed In SC Seeking One Nation, One Penal Code A plea has been filed in the Supreme Court which seeks that the Centre be directed to draft a comprehensive penal code to replace the current, 161 year old, colonial penal code. The plea has been filed by BJP leader and Advocate Ashwini Kumar Upadhyay. The plea also seeks th..

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Top News Headlines 19th July 2021: SC To Implement System To Electronically Transmit Bail Orders To Prisons To Prevent Delay In Release Of Prisoners

SC To Implement System To Electronically Transmit Bail Orders To Prisons To Prevent Delay In Release Of Prisoners As per the Chief Justice of India, N V Ramana, to avoid delay in the release of prisoners who have been granted bail, the Supreme Court is evolving a system that will transmit bail orders electronically. The schem..

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Preventive Detention

Key Takeaways Preventive detention is a provision that empowers the police to take any person into custody on the suspicion of him committing any wrongful act in the future. The Constitution of India provides for protection against arrest and detention under Article 22 and viola..

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Medical Bail

Key Takeaways The Code of Criminal Procedure has a provision for granting bail on medical grounds and this power has been exercised in numerous cases. The accused is given access to medical facilities as a matter of human rights even though he might have violated the rights of a..

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SC Strikes Down The Minimum Age Limit For Appointment As Tribunal Members

BACKGROUND The Madras Bar Association filed a writ petition before the Supreme Court, challenging Sections 184 and 186 (2) of the Finance Act, 2017 as amended by the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance, 2021, The second first proviso to Section 184(1) lays down that a person below th..

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Arun Shourie - Presumption Of Constitutionality Doesn't Apply To Pre-Constitutional Laws

BACKGROUND Provision of sedition law was placed under Section 113 of the IPC and was later amended to Section 124A. One of the important post-independence cases dealing with sedition law is Kedar Nath Singh vs State of Bihar where the constitutional validity of Section 124A was ..

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Lawyer Moves To Delhi High Court Challenging IT Rules

BACKGROUND Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021(IT Rules, 2021) were implemented in February 2021, under Section 87 of the IT Act. The objective of these guidelines is to establish the Government's oversight over social m..

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Private Schools In Uttar Pradesh Are Now Under The Purview Of The RTI Act

Who filed the appeal An appeal was filed by Sanjay Sharma against two reputed schools situated in Lucknow. The schools did not disclose information as they are not aided by the State, thus, falling out of the purview of the RTI Act. h2 style="text-align: justify;..

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Forced Deduction From Pension To CMDRF Not Permissible: Kerala HC

Overview The Kerala State Electricity Board (KSEB) had issued a circular authorizing a forcible deduction from retired employees' pensions towards the Relief Fund. Rajan E G and M Kesavan Nair (retired KSEB employees) brought to the notice of the Court, an issue concerning t..

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Schemes For Minorities Do Not Contravene With The Rights Of Other Community Members: UOI Informed SC

BACKGROUND OF THE CASE In January 2020, an affidavit was filed before the Apex Court, which challenged the constitutional validity of the National Commission for Minorities Act, 1972. A Division Bench of Justice R F Nariman and Justice Ravindra Bhat also issued a notice, which c..

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