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The Right Of The Party And Its Entitlement To Monetary Claims On Profits Not Allowed To Be Affected By Plea Of Limitation – Says Supreme Court In The Case Of Rockline Construction Company Vs Doha Bank Qsc & Ors.

What is the case about?  The Miscellaneous Application is filed by the appellant to seek clarification for the order and judgement of SC dated 12.05.2022 wherein the court upheld the judgement passed by the High Court of Bombay. The HC in its judgement upheld the decision of the Debt Recovery Appellate Tribunal for setting aside the sale of property. The auc..

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Limitation Period Would Commence Only With The Degree Becoming Enforceable Says Supreme Court In Light Of Article 136 Of The Limitation Act,1963

What is the case about? An appeal was filed against the judgement and order passed by the High Court of Madhya Pradesh. Execution application was made by the appellant on 17.07.1995 In the judgement, HC dismissed the revision petition on the ground that the execution application was filed after 12 years from the date of Decree and hence is barred by time period...

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All About Circumstantial Evidence

Introduction: The law of evidence places a lot of emphasis on circumstantial evidence, but other phrases do crop up occasionally. It is beneficial to review the fundamentals of proof so that you have a basic idea of what direct evidence and circumstantial evidence are. As it will demonstrate, historically, there were some rather major variations in how the law would treat this kind ..

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Appellant Satisfied Second Condition Under Clause (ii) Of Section 45(1) Prevention Of Money Laundering Act, 2002 – Supreme Court In The Case Of Sanjay Raghunath Agarwal Vs The Directorate Of Enforcement

What is the case about? The appellant is one of the accused among six others for alleged offences under Section 406,407,415 to 420, 120B read with Section 34 of IPC. The accused gave services to a company called Farmax India Limited in raising Global Depository Receipts. The FIR was filed by the managing director of the company who found out, by an enquiry with the bank, a..

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Omission To Frame Charges, Under Section 464 Cr.p.c , Not Fatal If In Opinion Of The Court No Failure Of Justice Has Occassioned- Says Supreme Court In The Case Of Soundarajan Vs State Rep. By The Inspector Of Police Vigilance Anticorruption Dindigul

What is the case about  The present appeal is against the impugned order and judgement passed by the High Court of Tamil Nadu.  The High Court in its judgement upheld the conviction of the appellant under Section 7 and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 198..

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Supreme Court Provides Protection To The Accused Under Sec 19(2) Of The Prevention Of Food Adulteration Act, 1954 In The Case Of M/s Sri Mahavir Agency & Anr Vs State Of West Bengal & Anr

What is the case about  The matter is preferred through an appeal by the appellant who is an accused in a complaint filed under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act,1954. The appeal is filed against the impugned order and judgement of the High Court at Calcutta wherein the revision petition filed by appellant to set aside ..

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‘you Can Be Proscribed From Registring Trademark’ – Get To Know When And How

KEY TAKEAWAYSUnderstanding the concept of trademarkLaw governing trademarks in India Grounds of refusal to registration of a trademark INTRODUCTION“Which is that biscuit I took last time?”, “All chocolates looks same, which will taste best?”, “ Mom asked to bring blue packet of detergent, ..

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Court Must Draw Delicate Balance Between Liberty Of An Individual & The Need For Fair Investigation – Says Sc In Hearing Of Criminal Appeals.

What is the case about ?  In this case, two criminal appeals are presented before the apex court against impugned judgement and order passed by High Court of Gujarat on 19.12.2022. In the judgement, HC allowed anticipatory bail filed by respondent 1 in connection with an FIR registered at Gandhinagar Police Station under Section 7 of Prevention of Corruption Act, 1988..

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The Power To Take Additional Evidence In An Appeal Must Be Exercised For Good And Valid Reasons- Says Sc State Of Rajasthan Versus Asharam @ Ashumal

What is the case about?  The apex court has adjudicated is against the impugned order and judgement passed by High Court of Rajasthan. The respondent vide judgement dated 24.04.2018 passed by Magistrate, Special Court, Protection of Children from Sexual Offences Act, 2012, Jodhpur was convicted under various section and was punished for rigorous imprisonment for diffe..

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Effective Time Management Strategies for Busy Attorneys

Time is among the most precious resources for attorneys, but it's also finite. Most have overwhelming responsibilities, from client meetings and court appearances to document preparation and research. They also have to think about marketing their service while keeping it within the bounds of ethical practice. It's common to find lawyers having a hard time managing their time effectively..

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Appellant Given An Option To Revisit With The Auction Or Withdraw At That Stage- Supreme Court In Mohd. Shariq Vs Punjab National Bank And Others

WHAT IS THE CASE ABOUT The first auction notice was published on 18th  June, 2013 with thereserve price of Rs.1.19 crores and the appellant’s bid of Rs.2.01 crores was the highest. The earnest money of Rs.11.19 lakhs was..

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Dettol Decalared Antiseptic Due To Its Therapeutic & Prophylactic Properties – Supreme Court In M/s Reckitt Benckiser (india) Ltd. Vs Commissioner Commercial Taxes & Ors

What is the case about? The case was presented as an appeal before the apex court after being dissatisfied with the order and judgement of the High Court of Kerala. The issue involved herein is about the classification of appellant’s products under the Kerala VAT Act, 2003. The product includes: mosquito mats, coils and vaporizers, Mortein insect killers, Harpic toil..

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Supreme Court Directed Epfo To Make Modifications In Online Setup So As To Ease The Employees With The Submissions

What is the case about The issue of this case is related to the legal entitlement which petitioners have for higher pension in light of the provisions of the Employees Provident Funds and Miscellaneous Provisions Act, 1952. The EPF organization gave to the employees the facility to submit the options through online mode through necessary links for it on their website. ..

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All about Alternative Dispute Resolution

Introduction: Everyone wants justice delivered quickly and affordably. Early conflict settlement in the modern day not only saves the parties to the dispute considerable time and money, but also fosters the climate for contract enforcement and ease of doing business. The traditional method of resolving disputes, litigation, is a drawn-out procedure that impedes the adminis..

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Amendment To It Rules 2021

Recently on 7th April, central government notified about changes made to IT Rules,2021. The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules 2023, as notified by the central government, aims at regulating online gaming and role of intermediaries- social media agencies such as Twitter and Facebook to ensure not posting content that has been disapprov..

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