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Identify And Take Immediate Steps For Removal Of Encroachments From Lands Meant For Airport
In a nutshell, there can be no two views that what the Patna High Court has directed to all the DMs and the concerned au...
Law Of Adverse Possession - Whether Might Is Right?
Hence, various tests laid down, have not been accepted by the Hon'ble Courts, in spite of the fact same were fulfilled. ...
Euthanasia- Is It "Right" To Die?
While the contrary view is that a patient must not suffer and `Right to life' includes within itself `right to die with ...
Arbitrability Of Oppression And Mismanagement Disputes Under Companies Act, 2013
Even section 430 of the Companies Act, 2013, gives exclusive jurisdiction to NCLT/NCLAT (National Company Law Appellate ...
Doctrine Of Precedent
With utmost respect if the Court has arrived at a conclusion without application of mind or preceded without any reason,...
Electronic Document: Admissibility And Relevancy, In The Light Of Section 65B Of Evidence Act, 1872
It is necessary to provide certificate under section 65B at the stage of evidence and not at the stage of collecting evi...
Covid-19, Medical Professionals And Archaic Legal Immunity
Since the violence against health professionals is a wider public issue, an attempt must also be made to create awarenes...
Analysis Of Law Of Recovery Under The Indian Evidence Act
The second question is concerning the admissibility of this section as being violative of Article 20(3)[14*]. This posit...
Analysis Of The Fruit Of Poisonous Tree Doctrine
To start with, one of the oldest cases on the same question was that of the privy council in the case of **R v. Leathem*...
Right To Privacy
A separate legislation regarding right to privacy should be made so as to provide protection from the theft of citizens ...
Evolution Of Sentencing Policy Of India Post-Independence
Similarly in case reported as Govind Ramji Jadhav v State of Maharashtra - 1990(4) SCC 718, it was held that one of the ...
Secondary Evidence
In the end, rule of justice requires that the documents should be allowed to be brought on record and it is for the cour...
Frame Of A Suit: Order II Of The Code Of Civil Procedure, 1908
Rule 7 provides for objections as to misjoinder. It states that all objections on the ground of misjoinder of causes of ...
The Dimensions Of Doctrine Of Res Judicata
The doctrine of Res Judicata is not applied in the income tax proceedings. -In the case of B.S.N.L. v. Union of India, t...
Quantum Of Monthly Wages Notified In Terms Of Section 4(1)(B) Of Employees Compensation Act, 1923 - Whether Minimum Or Maximum
The misconception has also probably stemmed from the isolated reading of Paragraph.26 of the above referred decision, wh...
Paradigm of Law On Regularisation of Services
Apart from the above, from time to time, government also considers that it is easy to hire and fire the daily wage/contr...
Farm Laws : Constitutional Provisions
1.4. In Schedule 7, Serial Entry No.14 (Agriculture), Entry No.26 (trade and commerce within state) and Entry No.28 (mar...
Paradox Surrounding The Statutory Age of Minority
Then in these scenarios, these three children of the same age can not be placed in the same category as this will create...
Articles 226 And 227 : Power, Scope And Difference
The above decision makes it clear that the jurisdiction under Article 227 is neither original nor it is appellate. This ...
Applicability of Real Estate (Regulation And Development) Act 2016 To Industrial Premises
Likewise in the definition of `promoter', the reference has been made to the development of land in form of plots, besid...
Necessity To Review The Policies For Utilizing The Acquired Land After Indore Development Authority V. Manoharlal By The State Governments
Therefore, any release being made now would be lacking the backing of any law and in such eventuality, even the provisio...
Custodial Violence-A Barrier On A Democratic System
In 2015 Supreme Court in DK Basu v. State of West Bengal, (2015) 8 SCC 744 case, Supreme Court of India gave its revised...
Now Time For Diagnosis of the Ills of Subordinate Judiciary
In the words of Addison, "To be perfectly just is an attribute of the divine nature; to be so to the utmost of our abili...
Order 2 Rule 2 - A Bar To Splitting of Evil
Unless the defendant pleads a bar of under Order 2 Rule 2 of the Code, and an issue is framed on that bar to the suit, t...
Jamabandi - A Document Of Title
The agriculturist in Punjab still feel satisfied when mutation is sanctioned in their favour in the revenue record. This...
Supreme Court Usurping The Cave Of Legislatures Like Arabian Camel - Need For Restraint Or Control On This Trend
Our Apex Court had been discharging the functions of adjudicating the constitutionality of various statutes very smoothl...
Order XII Rule 6 - A Decree By Consent And The Challenges Ahead
It would, therefore, be the duty of Court to examine in each case whether the parties have pre-existing right to the imm...
Partition Of HUF After Commencement Of Hindu Succession Act, 1956
The effect of Hindu Succession Act, 1956 on partition of HUF property is a debatable issue between the legal experts of ...
Section 67 Of It Act 2000 And It's Scope And Misuse To Violate Digital Freedom
The Information Technology Act, 2000 (also known as ITA-2000, or the IT Act) is an Act of the Indian Parliament notified...
Title Section 34 Of Arbitration And Conciliation Act
(iv) It would be certain that taking a gander at the common-sense viewpoint and the idea of rights by and by included, a...
Need For Regulating Media Trials
Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, to prevent the State from making...
NDPS Act: To Vitiate Or Not To Vitiate: A Legal Conundrum Survives
Objective law is the groundwork of subjective law. Subjective law is a set of applications of objective principles onto ...
Scope Of Section 16 Arbitration And Conciliation Act, 1996
However I personally feel, that the benefit of treating the jurisdiction issue as a preliminary issue will result in qui...
Covid 19 And The Law In India
On March 24, 2020, the NDMA and NEA issued orders directing the Union Ministries, State governments and authorities to t...
Necessity For Permission To Lead Secondary Evidence
A critical analysis of this section shows that Judge may ask the party proposing to lead evidence as to how the said evi...
Data Theft - Issues And Laws
In December 2018, New York-based video messaging service Dubsmash had 162 million email addresses, usernames, PBKDF2 pas...