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In a noteworthy development, we see that as recently as on May 12, 2023, the Apex Court in a most learned, laudable, landmark and latest judgment titled Ms Indira Jaising Vs Supreme Court of India through Secretary General in M.A. Nos. 709/2022, 1502/2020; IA Nos.58694/2022, 74393/2020, 75687/2021 In Writ Petition (C) No. 454 of 2015 and cited in 2023 LiveLaw (SC) 425 in the exercise of its civ..

In a very daring, determined and dignified judgment titled Priyanka Naskar & Ors vs The Union of India & Ors. in WPA 21187 of 2022 in the exercise of its Constitutional writ jurisdiction on appellate side that was pronounced as recently as on May 12, 2023, the Calcutta High Court cancelled the appointment of 36,000 "untrained" primary school teachers who were recruited by the ..

Navigating the labyrinth of real estate transactions necessitates the guidance of a proficient real estate attorney to guarantee a seamless, legally compliant process. This discourse delves into some strategic considerations when appointing a real estate attorney, and elucidates their instrumental role during the property acquisition procedure. For those based in Hadera, the competent services ..

While finding that there is no evidence on record that before issuing notification under Section 5 of the Wakf Act, 1954, any procedure or the survey was conducted as contemplated by Section 4 of the 1954 Act, the Supreme Court in a most learned, laudable, landmark and latest judgment titled Salem Muslim Burial Ground Protection Committee vs State of Tamil Nadu And Ors in Civil Appeal Nos. 7467..

KEY TAKEAWAYS Under Islamic law, the voluntary transfer of property from one person to another without payment or any consideration is referred to as Hiba. Hiba is a lawful and accepted method of gifting in Islamic law and can be done either while one is still alive or through a will (Hiba bil Wasaya) to take effect after death. Hiba is subject to ..

Key Takeaways The investigation, trial, and procedure for criminal cases are governed by the Code of Criminal Procedure (CrPC), a procedural law in India.  The HCs can quash a First Information Report (FIR) if it determines it is frivolous, mala fide, or without legal basis, with the exception of serious offenses. It is discretionary and is exe..

INTRODUCTION  Competition law is a body of laws and regulations designed to avoid imbalances in markets caused by anti-competitive commercial practises.  The primary objective of competition law is to provide a healthy environment for both buyers and sellers by banning illegal activities with the aim of gaining a bigger share of the market than wou..

Key Takeaways The Criminal Procedure Code (CrPC) is a comprehensive law that governs criminal justice in India, covering aspects such as police powers, arrest, trial procedures, evidence, and sentencing.  The CrPC empowers the court to summon witnesses and question them at any stage of an inquiry, tria..

KEY TAKEAWAYS Protecting the rights and interests of parties involved in a court dispute is made possible through interim remedy under the Specific Relief Act, 1963. A crucial instrument for preserving the status quo, averting irreparable harm, and retaining the efficacy of final judgements is interim relief. To maximise their prospects of getting ..

Key Takeaways Res gestae is a legal principle that permits the admission of unprompted remarks about an occasion or transaction. These statements, which were made right away after the incident, offer trustworthy and reliable evidence because they are less likely to be made up or misrepresented. The elements..

Key Takeaways Bailment is the transfer of personal property to another person, known as the bailee, for safekeeping or temporary use, even without a formal contract. It involves legal obligations, and negligence resulting in property damage can lead to legal consequences. In India, the Indian Contract Act of 1872/spa..

INTRODUCTION The Insolvency and Bankruptcy Code (IBC) has revolutionized India's insolvency resolution framework, providing a transparent and efficient mechanism for resolving distressed businesses. One crucial aspect of the IBC is the regulation of related party transactions, which aims to prevent abuse and ensure fairness in the insol..

MEANING Ejusdem generis, a Latin phrase, means "of the same kind or nature." When a law enumerates specific categories of individuals or items and then makes a general reference to them, the general statement only applies to similar individuals or items specifically listed. For example, in the expression "books, pamphlets, newspapers, and other docume..

INTRODUCTION The surge in global trade, facilitated by advancements in communication and transportation, has led to a significant rise in disputes arising from international commercial transactions. These transactions involve agreements between parties from different countries, making it complex, time-consuming, and costly to resolve disputes through traditional judicial processes. ..

Key Takeaways The Insolvency and Bankruptcy Board of India was created to supervise and control the nation's bankruptcy and insolvency resolution procedures. The IBBI is responsible for developing and implementing regulations, guidelines, and codes of conduct to ensure the efficiency and integrity of the insolvency resolution process. It also provides a grieva..