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Institution of suit

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In general term it is known as the proceedings of a judicial & non judicial in which disputes of the parties are settled . GENERAL – The process of institution of suit has been defined under sec 26 to 35b & order 1 to 20 of the first schedule deals  with procedure relating to suits , […]

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Not Permitting Mentally Challenged Rape Victim To Undergo Medical Termination Of Unwarranted Pregnancy Violative Of Her Bodily Integrity: MP HC

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              In a well-written, well-articulated, well-reasoned and well-substantiated judgment titled X vs State of Madhya Pradesh and others in Writ Petition No. 12155/2021 that was delivered just recently on July 14, 2021, the Madhya Pradesh High Court has recently, rightly and remarkably observed that not permitting a rape victim, suffering […]

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Registering FIR Sans Evidence Against Advocates Who Are Savior Of Freedom Of Speech Would Dampen Their Spirits: HP HC

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  In a brief, brilliant, bold and balanced judgment titled Vipul Prabhakar vs State of H.P. and anr. in Cr.MMO No.  316 of 2021 that was reserved on 19 July 2021 and then finally delivered on 20 July 2021, the Himachal Pradesh High Court while quashing an FIR against an advocate for allegedly raising slogans […]

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The Need For Population Control Legislation

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  It goes without saying that the population of India is increasing very rapidly which is a cause of grave concern for all of us especially those who are Indians.  It is a no-brainer that there are so many disadvantages of population increase like the resources shrink, jobs shrink, living space shrink, water shrinks and […]

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CM’s Promise In Press Conference Enforceable: Delhi HC

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  In a well-written, well-articulated, well-reasoned and well-justified judgment titled Najma vs Govt of NCT of Delhi in W.P.(C) 8956/2020 that was reserved on 21st May, 2021 and then finally delivered on 22nd July, 2021 by a Single Judge Bench of Justice Prathiba M Singh of Delhi High Court, it has been held that a promise or […]

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Every Expecting Female Deserves Dignity During Motherhood; Pregnant Woman Deserves Bail Not Jail: HP HC

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  While granting anticipatory bail to a pregnant woman accused under the NDPS Act, a Single Judge Bench comprising of Justice Anoop Chitkara of Himachal Pradesh High Court in a latest, learned, laudable and landmark judgment titled Monika vs State of HP in Cr.MP(M) No. 243 of 2021 delivered just recently on July 24, 2021 […]

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273rd Report Of Law Commission Must Be Implemented

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                                               It goes without saying that custodial torture cannot be justified under any circumstances. Still it is a matter of utmost anguish that those who indulge in most brashly, most brazenly and most bluntly are rarely ever booked and made to face the consequences which only serves to further encourage men in uniform to take […]

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Trial Judges Work Amidst Appalling Conditions; Colonial Mindset Towards District Judiciary Must Change: SC

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  At the outset, it must be said with certitude that it merits no reiteration that all the Judges of High Courts in India including the Chief Justices also must definitely read the latest, learned, laudable and landmark judgment titled Somesh Chaurasia vs State of MP in Criminal Appeal Nos 590-591 of 2021 @ SLP […]

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Andhra Pradesh High Court Issues Guidelines For Prompt Transmission Of Bail Orders

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  While granting bail to an accused under The Narcotic Drugs and Psychotropic Substances Act, 1985, the Andhra Pradesh High Court in a cogent, composed, commendable and convincing judgment in Criminal Petition No. 3933 of 2021 delivered on July 22, 2021 has taken a very serious note of the significant delay in issuing the certified […]

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Court Cannot Grant Liberty To Amend Plaint While Rejecting It Under Or der VII Rule 11(d) CPC: SC

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  While exercising its civil appellate jurisdiction, the Apex Court has just recently on July 20, 2021 in a commendable, convincing, composed and cogent judgment titled Sayyed Ayaz Ali vs Prakash G Goyal & Ors in Civil Appeal Nos 2401-2402 of 2021 @ SLP (C) Nos. 29975-29976 of 2018 held that while rejecting a plaint under Order 7 Rule […]

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Advocates Have Right To Practice Before Maintenance Tribunals: Delhi HC Declares S. 17 Of Senior Citizens Act Ultra Vires To S. 30 Advocate Act

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  In a major relief for lawyers all across the country, the Delhi High Court has just recently on April 16, 2021 in a courageous, cogent, convincing, commendable and composed judgment titled Tarun Saxena vs Union of India & Ors in W.P.(C) 4725/2021 & CM APPLs. 14574-75/2021 has declared as ultra vires Section 17 of the […]

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Procedural Requirements Are The Only Safeguards Available To A Detenu’: Jammu and Kashmir High Court

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  Without any iota of doubt, the Jammu and Kashmir High Court has very rightly, remarkably and rationally in a latest, learned, laudable and landmark judgment titled Wasim Ahmad Trag v/s Union Territory of J & K and another in WP (Crl.) No. 12/2021 that was reserved on 4 June, 2021 and then finally delivered […]

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Section 482 CrPC : Interim Protection Order Can Be Passed In Exceptional Cases Giving Brief Reasons: SC

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  While specifying on the interim protection that can be passed by the High Court in exceptional cases, the Apex Court has just recently on July 20, 2021 in a latest, landmark, laudable and learned judgment titled AP Mahesh Cooperative Urban Bank Shareholders Welfare Association vs Ramesh Kumar Bung and Ors in Special Leave Petition […]

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Don’t Want To Encourage Politicians To Settle Cases Against Them After Conviction: Bombay HC

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  In a significant development with far reaching consequences that cannot be dismissed lightly, the Aurangabad Bench of Bombay High Court in Madhav Sathe & Anr v State of Maharashtra & Anr in Criminal Application No. 1120 of 2021 has dismissed a plea filed by two politician-applicants seeking quashing of a conviction order on the […]

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Judicial Murder Of Brave And Decorated Army Officer

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    If there is one case to the best of my knowledge where for first time in Indian history since independence, a serving Army Officer was branded a terrorist and that too a senior, upright, brave, bold and dynamic senior Lieutenant Colonel named Prasad Shrikanth Purohit who got Army Chief Commendation Card and many […]

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Protection Of Sanction U/s 197 CrPC Not Available For Public Servants Prosecuted U/s 48 Water Act: SC

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  In a significant, stimulating and suave judgment titled Noorulla Khan vs Karnataka State Pollution Control Board in Criminal Appeal No. 599 OF 2021 (Arising out of SLP (Crl.) No.4658/2020) that was pronounced on July 13, 2021, the Supreme Court minced just no words to observe clearly, cogently and convincingly that protection of sanction under […]

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UN Must Mind Its Own Business And Not Teach Us Law

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  It is an international disgrace that at a time when 10,000 terrorists who are all mostly Talibanis are entering in one go from Pakistan to Afghanistan to occupy it and massacre whoever comes in their way with full help, active support both moral and material with latest weapons as has been claimed by many […]

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Is It Still Necessary To Continue Sedition Law Which Was Used By British To Suppress Our Freedom Movement Even After 75 Years Of Independence?: CJI NV Ramana

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  “Section 124A…… is perhaps the prince among the political sections of the Indian Penal Code designed to suppress the liberty of the citizen. Affection cannot be manufactured or regulated by law. If one has no affection for a person or system, one should be free to give the fullest expression to his disaffection, so […]

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Why UP Has Least Benches In India And West UP Has None?

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“Why UP which is among the largest States, has maximum population more than 24 crore which is more than even Pakistan, has maximum districts – 75, has maximum constituencies – 80, has maximum poverty, has maximum pending cases, has maximum MPs and MLAs in Parliament and State Assemblies, has maximum undertrials, has given maximum PM […]

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No Difference Between Proclamation Issued For purposes Of Anticipatory Bail, U/S 82(1) Or 82(4) CrPC: MP HC

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  In a clear, categorical, cogent and convincing judgment titled Smt. Kantabai w/o Ashok Bhandari Vs State of Madhya Pradesh in Miscellaneous Criminal Case No.4730/2021 delivered just recently on July 7, 2021, the Madhya Pradesh High Court has held in a significant observation that for the purposes of anticipatory bail, proclamation proceedings under Section 82(1) […]

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Article 20(3) Isn’t Violated If Magistrate Directs Accused To Give Voice Samples During Investigation Sans Consent: MP HC

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  In a significant judgment pertaining to voice sample of accused, the Madhya Pradesh High Court has just recently on 30 June 2021 in a brief, brilliant and balanced judgment titled R.K. Akhande vs. Special Police Establishment, Lokayukt, Bhopal and another in M.Cr.C. No.45036/2020 has laid down explicitly as stated at the very outset that, […]

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Where Loss Of Life Or Human Suffering, Centre & State Govt Empowered To Put Restrictions: MP HC On Ban On Inter State Bus Transportation

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  Without leaving even a scintilla of doubt, the Madhya Pradesh High Court Bench at Indore has in a latest, landmark, laudable and learned judgment titled MP Bus Operator Association vs State of MP & others in Writ Petition No. 8597 of 2021 that was delivered on June 29, 2021 has maintained without mincing any […]

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Poverty Can Be Addressed Through Healing Touch Of Law’: MP HC Issues Directions For Implementation Of Poverty Alleviation Schemes

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  In a well-written, well-articulated, well-reasoned and well substantiated judgment titled Omnarayan Sharma Vs State of MP & Ors in W.P. No. 1930/2020 (PIL) that was delivered on July 6, 2021, the Gwalior Bench of Madhya Pradesh High Court has issued directions to the District Legal Services Authorities and the State Authority for ensuring implementation […]

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Blackmarketing Of Remedesivir Directly Impacts Public Order: MP HC Upholds Detention Under NSA

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  While displaying zero tolerance for those involved in black marketing of remedesivir, the Madhya Pradesh High Court has in a brief, brilliant, bold and balanced judgment titled Sonu Bairwa Vs State of MP & Ors in WP No. 9878/2021 delivered on July 7, 2021 has upheld the detention of a man accused of black […]

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