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Supreme Court: Directions to Police and Probe Agencies to Strictly Follow Guidelines on Arrest - 22.03.2024
Supreme Court has directed the police forces and agencies in all States and Union Territories endowed with the power of arrest and custody to strictly adhere to all Constitutional and statutory safeguards and guidelines laid down by Court when a person is arrested and/or remanded to their custody.
Tags : Supreme Court Police Forces Guidelines on Arrest
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SC: Creating Enmity & Disharmony Between Two Communities Necessary for Offence Under Section 153 IPC - 22.03.2024
Supreme Court has held that to constitute an offence under Section 153 of the Indian Penal Code (IPC) words spoken or written must create enmity between different groups on grounds of religion, race, place of birth, etc., or that the acts so alleged were prejudicial to the maintenance of harmony.
Tags : Supreme Court Enmity Disharmony Section 153 IPC
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SC: Admission Can’t be Denied to Domicile of State on The Ground of Parent Posted Outside State - 22.03.2024
Supreme Court has held that a candidate having domicile of the State of Maharashtra cannot be denied admission under the State quota on the ground that the father of the candidate is posted outside the State.
Tags : Supreme Court Domicile State of Maharashtra Admission
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CESTAT: Demand of Excise Duty Not Payable on Waste and Scrap Packing Material if Travels Beyond SCN - 22.03.2024
Mumbai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that no excise duty is supposed to be paid on waste and scrap packing material of inputs if demand travels beyond Show-Cause Notice (SCN).
Tags : Mumbai Bench CESTAT Excise Duty Show-Cause Notice
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AP HC: Compensation Can’t be Increased in an Appeal for Reduction of Compensation by Owner/Insurer - 22.03.2024
Andhra Pradesh High Court has held that the High Court cannot increase the compensation in an appeal by the owner/insurer for reducing the compensation, nor can it reduce the compensation in an appeal by the claimants seeking enhancement of compensation.
Tags : Andhra Pradesh High Court Compensation Insurer
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Supreme Court: Actual Owner of the Property Must be Known to the Party Claiming Adverse Possession - 21.03.2024
Supreme Court has held that when a party claims adverse possession, he must know who the actual owner of the property is. Secondly, he must plead that he was in open and uninterrupted possession for more than 12 years to the original owner's knowledge.
Tags : Supreme Court Uninterrupted Possession Adverse Possession
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Supreme Court Starts Concealing Identities of Accused in Rape Cases Turning Out to be False - 20.03.2024
Supreme Court on an interesting note has started concealing the names of the accused in rape cases that turn out to be false.
Tags : Supreme Court Identities Accused
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SC: Application to Modify/Clarify Judgment Post-Disposal Allowed Only in Exceptional Cases - 20.03.2024
SC has held that a post-disposal application for modification and clarification of the order of disposal shall lie only in rare cases, where an order passed by the Court is executory in nature and Court’s direction may become impossible to be implemented because of subsequent events or developments.
Tags : Supreme Court Modification Clarification
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SC: Courts Should Strike Balance Between Testimony of ‘Injured Witness’ and ‘Interested Witness’ - 20.03.2024
Supreme Court has held that it is a well-established principle of law that the evidence of an injured witness is considered to be on a higher pedestal than that of a witness simpliciter and that the Court has to strike a balance between the testimony of the injured witness and that of an interested
Tags : Supreme Court Injured Witness Interested Witness Testimony
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Kar. HC: Can’t Accept Photostat Copy of Unregistered Sale Agreement as Secondary Evidence - 19.03.2024
Karnataka High Court has held that for a trial being held under Section 138 of the Negotiable Instruments Act, a photocopy of an unregistered sale agreement cannot be admitted as secondary evidence only on the ground that the accused has admitted his signature in the said document.
Tags : Karnataka High Court Section 138 of NI Act Unregistered Sale Agreement Secondary Evidence
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