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First Amendment To The Indian Constitution

KEY TAKEAWAYS The Constitution (First Amendment) Act, 1951 was passed by the Indian Parliament on June 18, 1951. Several changes were introduced to the Constitution through this amendment. Fundamental rights clauses were amended and restrictions on freedom of speech and expression were provided. The amendment also encouraged the abolishment of the Zamindari system..

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Anti-defection Laws Vis-a-vis The Shiv Sena Case

KEY TAKEAWAYS Although Anti-defection laws are intended to stop elected officials from switching parties for personal benefit, they have drawbacks and may weaken accountability. The Shiv Sena case brings to light the difficulties in putting Anti-defection legislation into practise, the Speaker's function, and the requirement for clear rules. The cas..

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Amendment Of Pleadings Under Cpc

KEY TAKEAWAYS According to the Civil Procedure Code in India, pleading amendments are permitted. This implies that, with the court's approval, parties may change their pleadings throughout a trial. The need to resolve the issue, the lack of harm to the other party, good faith, and adherence to the court's deadlines are all requirements for modification./l..

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In The Case Of Official Liquidator Vs Ujjain Nagar Palika Nigam & Ors.before Supreme Court Of India

What is the case about ?  The appellants preferred the appeals against the order and judgement passed by division bench of HC at Calcutta dated 05.02.2009. The High Court upheld the decision passed by the Company Judge of High Court wherein the company applications ( preferred by the respondent) were allowed. The respondent claimed property tax and..

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In The Case Of Commissioner Of Income Tax 8 Mumbai Vs Glowshine Builders & Developers Pvt. Ltd.before The Supreme Court Of India

What is the case about ? The revenue, appellant had preferred the present appeals against the impugned judgement and order passed by the Bombay High Court. In the said judgement, HC upheld the decision of the Income Tax Tribunal, allowing the the decision of deleting the addition made by the Assessing Officer (AO) of Rs. 15,94,06,500. The brief of the r..

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In The Case Of Atulbhai Vithalbhai Bhanderi Vs State Of Gujarat

Facts of the case  The appellant is accused of offences punishable under section 3(1), 3(2), 3(3), 3(4) and 3(5) and 4 of the Gujarat Control of Terrorism and Organised Crimes Act, 2015 read with Section 384,385, 386, 387, 506(1), 506(2), 507, 201, 120B of IPC,1860. The present appeal is preferred by the appellant seeking release of appellant on bail. ..

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Why Are Stamp Duty Rates Different In Every State?

Key Takeaways Stamp duty is a charge applied by state governments in India on specific legal transactions, with rates varying depending on the state and nature of the transaction. The Indian Stamp Act of 1899 provides a framework for stamp duty rates and types of transactions..

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Section 58 Of The Transfer Of Property Act

Introduction  Before the British administration, property transfers were governed by the personal laws of each of India's numerous ethnic communities. Laws that are inconsistent create ambiguity and uncertainty. As a result, commissions were established to harmonize and assemble the laws, which resulted in the passage of the Transfer of Property Act, of 1882. The Law of Con..

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Development of Cyber Laws in India

 KEY TAKEAWAYS:  "Cyber laws" are laws governing activities that occur in the virtual world of the internet, where information technology merges with online interactions and the web of computer networks. The Information Technology Amendment Act 2008 (IT Act 2008) was enacted in October 2008, and it was welcomed as an innovative and long-a..

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Application Of Limitation Law In Ibc Cases

KEY TAKEAWAYS A limitation is the end of the legal period during which a party may bring a claim and get compensation, or a restriction on the purported right of the plaintiff to recover in legal action. According to the Limitation Act, of 1963, "period of limitation" refers to the deadline set forth by the Schedule for any application, and "prescribed ..

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Appeal Procedure Under The Companies Act, 2013

KEY TAKEAWAYS A company as defined in the landmark case of Salomon v A Salomon & Co Ltd [(1896) UKHL 1] is a "legal person" or "legal entity" separate from and capable of surviving beyond its members. The Companies Act, 2013 is an Act of Parliament enacted to frame and regulate laws related to companies. It aims at..

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Section 482 Of The Criminal Procedure Code

KEY TAKEAWAYS Section 482 of the Code of Criminal Procedure (CrPC) confers inherent powers upon the High Court to make orders necessary to prevent the abuse of the process of the court or to secure the ends of justice. The High Court can use its inherent authority to halt legal action, annul orders, halt legal action, give instructions, correct mist..

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Bar Council Of India Allows Foreign Law Firms To Work In The Nation - Possible Legal Implications

KEY TAKEAWAYS The All-India Bar Council was proposed to control the legal profession and establish requirements for legal education. The Advocates Act came into effect in 1961, and the Attorney General and Solicitor General of India are ex officio members of the Bar Council of India. International law firms..

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Income Tax Structure Change: The Finance Bill Of 2023

KEY TAKEAWAYS An income tax is a tax that governments impose on people and businesses based on their profits throughout a fiscal year. There are two types of taxes: direct taxes and indirect taxes. Income tax is the amount withheld from any source of income, with some restrictions, such as a month's salary. India's first income tax law was e..

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Principle Of Autrefois Acquit And The Principle Of Autrefois Convict In India: A Critical Analysis And Proposal For Reform

Key takeaways The principle of "autrefois acquit" applies to cases where the accused has been acquitted of the same offence, and prevents the accused from being tried again for the same offence. The principle of "autrefois convict" applies to cases where the accused has been convicted of the same offence, and prevents the accused..

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