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SC: Suit For Title Without Seeking Recovery of Possession Not Main. When Plaintiff Not in Possession - 16.02.2024

Supreme Court has reiterated that a suit that has been filed for declaration of title and the recovery of possession has not been sought is not maintainable when the plaintiff is not in possession.

Tags : Supreme Court Recovery of Possession Declaration of Title

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Karnataka HC: Mere Reason to Believe Cannot Be Ground of Assessment Under Section 147 of IT Act - 16.02.2024

Karnataka High Court held that Assessing Officer has to be satisfied that that there is escapement of income and unlike earlier the mere reason to believe cannot be a ground for carrying out assessment under Section 147 of the Income Tax Act, 1961.

Tags : Karnataka High Court Assessing Officer S. 147 of IT Act

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SC: Elder Sister Cannot Exercise Guardianship Over Younger Sister Unless There is Court Order - 16.02.2024

Supreme Court while dismissing a Habeas Corpus Petition filed by a lady for production of her younger sister, has held that an elder sister doesn’t have a legal right to exercise guardianship over her younger sister except when there is an order by a competent court.

Tags : Supreme Court Guardianship Younger Sister Elder Sister

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Supreme Court Strikes Down Electoral Bond Scheme as Unconstitutional - 15.02.2024

Supreme Court has struck down the Electoral Bond Scheme stating it to be violative of Article 19(1)(a) of Constitution of India and the Right to Information of citizens. The Court held that Right to Privacy of political affiliation does not extend to contributions made to influence public policy.

Tags : Supreme Court Electoral Bond Scheme Right to Information Right to Privacy

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Supreme Court Explains The Principles of Adverse Possession - 15.02.2024

Supreme Court while stating that a person pleading adverse possession has no equities in his favor because seeking such possession is attempting to defeat the true owner's rights, has explained some important factors that the person claiming adverse possession must show.

Tags : Supreme Court Adverse Possession Owner's Rights

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SC: Adj. Authority Has Power to Recall Order Approving RP Which Isn’t Submitted As Per IBC - 14.02.2024

Supreme Court has held that National Company Law Tribunal has the power under Insolvency and Bankruptcy Code, 2016 (IBC) to recall its order approving the resolution plan (RP) if it is not submitted as per the direction of the Code.

Tags : Supreme Court NCLT Resolution Plan Insolvency and Bankruptcy Code

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All. HC: Can’t Challenge Orders u/s 482 CrPC if Appeal Lies Under Section 14A of the SC/ST Act, 1989 - 14.02.2024

Allahabad High Court has held that in cases where an appeal against an order would lie under Section 14A of SC/ST (Prevention of Atrocities) Act, 1989, the aggrieved person can’t invoke inherent jurisdiction of High Court under Section 482 of Code of Criminal Procedure (CrPC) to challenge the order.

Tags : Allahabad High Court S. 14 SC/ST Act S. 482 CrPC

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MP HC: Contempt Notice Served by Husband’s Father, Lawyer at Wife’s House Not Criminal Trespass - 14.02.2024

MP HC has held that father-in-law serving the notice directly at the house of the daughter-in-law can’t be said to have been tainted with any mala fide intention, especially when he was accompanied by his lawyer.

Tags : Madhya Pradesh High Court Contempt Notice Criminal Trespass

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SC: Cannot Overlook Claim Submitted With Proof Only Because Its Submission is in Wrong Form - 13.02.2024

Supreme Court has observed that claim submitted by the Resolution Applicant under the Corporate Insolvency Resolution Process cannot be rejected or overlooked merely on the ground that the claim submitted is not in the form in which it needs to be submitted.

Tags : Supreme Court Resolution Applicant CIRP

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Cal. HC: Filling Gaps in Prosecution Case By Invoking Section 53A of CrPC Offends Article 21 of COI - 13.02.2024

Calcutta High Court has held that filling up gaps in the prosecution case by invoking Section 53A of the Code of Criminal Procedure, 1973 (CrPC) for DNA profiling would offend Article 21 of the Constitution of India (COI).

Tags : Calcutta High Court S. 53 of CrPC A. 21 of COI

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