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Law Web6 h
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 ...
Law Web8 h
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 ...
Law Web14 h
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 ...
Law Web14 h
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 ...
Law Web14 h
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 ...
Law Web16 h
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 ...
Law Web18 h
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 ...