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Burden of Proof under Indian Evidence Act

Introduction The term burden of proof, which is not defined in the Indian Evidence Act, 1882, essentially refers to the legal responsibility of a party in a case to prove the existence of any fact as true in a judicial proceeding. The burden of proof comes into play when a..

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Legality of cross border contractual stipulations

Outsourcing contracts are, to a great extent, executed between the overseas subsidiary of the Indian outsourcing service provider and the overseas client. Where the contract is between the companies belonging to separate Nations, the first issue is to select the ‘proper law of a contract’. In the words of Dicey and Morris in The Conflict of Laws:/em..

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Regulation Under Food Safety and Standards Act

Government has notified all major regulations and guidelines required in implementation of Food Safety and Standards Act, 2006 which are given below: The Food Business Operators, while applying for Food Safety and Standards Authority of India (FSSAI) license are required to submit certain mandatory documents as prescribed under Ann..

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The Right to Information (Amendment) Bill, 2019 introduced in Lok Sabha

This Bill in no way compromises the independence of RTI Act, says Dr Jitendra Singh The Government introduced the Right to Information (Amendment) Bill, 2019 in Lok Sabha today.  The Minister of State for Personnel, Public Grievances and Pensions, Dr Ji..

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Right To Shelter A Fundamental Right; State Has Constitutional Duty To Provide House Sites To Poor: Allahabad High Court

It has to be remarked with consummate ease that in a latest, landmark and extremely laudable judgment titled Rajesh Yadav Vs State of UP And 9 Others in Public Interest Litigation (PIL) No. – 775 of 2019 delivered on July 1, 2019, the Allahabad High Court has very rightly held that the right to shelter is a fundamental right and the State has a Constitutional d..

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Supreme Court adjourns the Ram Mandir-Babri Masjid case for August 2

The Supreme Court has adjourned the Ram Mandir-Babri Masjid case for August 2. The Constitution Bench has passed a short order to that effect after considering the report filed by Chairperson of the Mediation Committee, Justice FMI Kalifulla. The matter was heard by a Constitution Bench co..

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Implementation of BIS Act, 2016

Review of Bureau of Indian Standards (BIS) activities by the Department of Consumer Affairs is a continuous process and such reviews are carried out through Review Meetings, Management Control Report (MCR) etc. From time to time directions are issued to BIS by the Department of Consumer Affairs to achieve targets related to core activities and to take action for imp..

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Transgender Persons (Protection of Rights) Bill, 2016

An Expert Committee was constituted in the Ministry of Social Justice & Empowerment to make an in-depth study of the problems being faced by the Transgender Community and suggest suitable measures to ameliorate their conditions. There were four representatives from the Transgender community, on the Committee. In addition, a..

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Notice issued by the Delhi High Court in a petition seeking a direction to provide for linking of movable and immovable property documents with Aadhaar

The Delhi High Court issued a notice in a petition seeking a direction to the Central Government and the Delhi Government to provide for linking of movable and immovable property documents with Aadhaar. Notice was issued by a Division Bench of Chief Justice DN Patel and Justice C Hari Shankar in a petition filed by Ashwini Kuma..

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HC Cannot Reverse Acquittal Without Affording Opportunity Of Hearing To Accused: SC

It has to be remarked right at the outset before dwelling on other aspects that in a latest, landmark and laudable judgment titled Christopher Raj Vs K Vijayakumar in Criminal Appeal Nos. 986-987 of 2019 (Arising out of SLP (Crl.) Nos. 7717-7718 of 2018) delivered on July 5, 2019, the Supreme Court has observed that the High Court in a criminal appeal cannot reverse t..

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Recovery under SARFAESI Act

The Central Government administers the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) which allows banks and financial institutions to recover their dues exceeding one lakh rupees by proceeding against secured assets of the borrower/guarantor without the intervention of the court/tribunals. The Gov..

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Details of POCSO cases to be placed in front of the Supreme Court by the Amicus Curiae

The Supreme Court has asked the Amicus Curiae to collect data relating to child rape cases from various States and place it before the Court. Amicus Curiae V Giri has been directed to obtain data from various High Courts. This includes data on the number of courts designated as Special Cou..

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No retaliation is 'cowardice'

In the context of armed conflicts, the Supreme Court has defined cowardice on the part of a soldier, if he turns his back to challenge thrown at him by the enemy. In the judgment of the case – Dalbir Singh v. Union of India & Others, delivered on July 2, 2019 Justice M.R.Shah and Justice A.S. Bopanna have pointed out ..

Posted in articles |   335 Views


UAPA: SC Dismisses PFI Leader's Plea Seeking Discharge In RSS Worker Murder Case

In a latest and significant development, the Supreme Court Bench comprising of Justice Ajay Rastogi and Justice AM Khanwilkar in a latest judgment titled Asim Shariff Vs National Investigation Agency in Criminal Appeal No(s). 949 of 2019 (Arising out of SLP (Cri.) No(s). 1253 of 2019) delivered on July 1, 2019 has dismissed an appeal filed by a Popular Front of India..

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Section 148 of Negotiable Instruments Act, 1881

The Negotiable Instruments Act, 1881 came into being as an Act to define and amend the law relating to promissory notes, bill of exchange and cheques. The main object behind Negotiable Instruments Act, 1881 was to legalise the system under which Negotiable Instruments pass from one hand to other in negotiations like ordinary goods. Mostly the English law is followed i..

Posted in articles |   2 comments |   827 Views


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