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Framework for Determining Joint and Inseverable vs. Separable Decrees in the context of abatement proceeding: Sardar Amarjit Singh Kalra Analysis
The Constitution Bench of the Supreme Court in Sardar Amarjit Singh Kalra (Dead) by LRs v. Pramod Gupta (Smt.) (Dead) by LRs (2003) 3 SCC 272 established a comprehensive framework for determining ...
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Beneficiary's Right to Seek Letters of Administration When Executor Refuses to Act: Analyzing Vatsala Srinivasan v. Shyamala Raghunathan
The Supreme Court's decision in Vatsala Srinivasan v. Shyamala Raghunathan represents a significant advancement in Indian succession law. By establishing that beneficiaries can seek letters of ...
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Safeguarding Justice: Supreme Court Reinforces the Sanctity of Complete Trial Records in Appellate Proceedings
38. The language of Section 385 shows that the Court sitting in appeal governed thereby is required to call for the records of the case from the concerned Court below. The same is an obligation, power ...
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Redefining Appellate Justice: How Jitendra Kumar Rode Transforms the Constitutional Right to Fair Appeal in the Digital Age
The Court's most innovative reasoning lay in integrating procedural requirements with constitutional guarantees. Justice Karol observed that "personal liberty cannot be cut down without fair legal ...
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Redefining Appellate Justice Through Immutable Technology: How Blockchain Solutions Could Have Prevented the Jitendra Kumar Rode Crisis
The Jitendra Kumar Rode judgment represents more than a procedural victory—it exposes the inadequacy of traditional ...
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Supreme Court: Whether identification of specimen signature of accused by handwriting expert was hearsay and whether he can prove said signature?
Exhibit P-75 was marked through PW-30, the handwriting expert, and not even by the I.O. At least if the I.O. had identified and marked the specimen writings and signatures of A-7 as Exhibit P-75, it ...
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Delhi HC: Sanction under S 17A of The Prevention of Corruption Act is not required in Trap cases
As may be seen, the first proviso to Section 17A refers to cases wherein a public servant is charged with acceptance of an undue advantage or attempt thereof. A prior approval or sanction to ...
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Supreme Court Clarifies Law on Caste-Based Offences in Digital Media: The Shajan Skaria Judgment
The Shajan Skaria judgment contributes to the evolving jurisprudence on digital content regulation and caste-based protection laws. It strikes a balance between protecting vulnerable communities from ...
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Checklist Toolkit for Session Judges for deciding remand and Bail Applications of accused Under Prevention of Corruption Act
This comprehensive checklist ensures systematic evaluation of bail applications under the Prevention of Corruption Act while balancing the accused's liberty rights with the investigation's integrity ...
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Under which circumstances person accused for offenes under the prevention of Corruption act is not entitled to anticipatory bail?
If liberty is to be denied to an accused to ensure corruption free society, then the courts should not hesitate in denying such liberty. Where overwhelming considerations in the nature aforesaid ...
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Whether Session Judge can release person accused of offences under Pocso Act on anticipatory bail?
This matter is placed before this Court to decide a reference sought by the learned District Judge, Karur, under Section 395 of the Code of Criminal Procedure, 1973, with regard to the jurisdiction of ...
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Comprehensive Guide to Bail Applications in POCSO Act Cases: Legal Framework and Judicial Guidelines
Courts have established that "since section 31 says that a Special Court appointed under the POCSO Act is deemed to be a Court of Sessions under the Cr.P.C., the provisions of section 439 Cr.P.C., for ...