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Condonation of Delay, Speedy Trial, Calendar, Court.jpeg

HC: Legislation not stating the limitation period cannot always be construed to be an omission [Read Order]

Hong Kong Arbitration, pic by: South China Morning Post

HC reiterates Section 34 of Arbitration Act allows Court to adjudge patent illegality of an Award, rejects NHAI's claim [Read Judgement]

HC Explains: Notion of 'Special Knowledge' under Section 106 of Indian Evidence Act [Read Judgement]

Condonation of Delay, Speedy Trial, Calendar, Court.jpeg

No Limitation applies to Sec.482 CrPC Petitions but inordinate delay unacceptable, Read HC Order

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HC comes to rescue of 'Unsound Minded' Husband who was Awarded Life Sentence for killing Wife, Read Judgment

Bail Granted

Right to Default Bail not Defeated by subsequent filing of Chargesheet, Read HC Order

Can Presumption under Sec.113A Evidence Act be drawn if Wife Commits Suicide after 17 yrs of Marriage? HC replies, Read Judgment

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Application for Further Investigation can be filed under Sec.173(8) CrPC even if Trial has started, Read HC Order

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Does Employees with similar Designation or Work deserve Equal Pay? NO says SC, Read Judgment

Eye Witness

SC lays Principles for 'Appreciation of Evidence of Eye Witness',Read Judgment

HC to Youth: Desist from Marrying before you attain Legal Age, Read Order

army.jpg, pic by thehindu

Army men can’t be prosecuted for Murder unless Sanction is obtained under AFSPA, Read SC Order

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No Claim Certificate obtained under Coercion as a Pre Condition to Release Payment to Contractor is invalid, Read HC Order

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HC issues Guidelines for Gender Neutral Victim Protection Protocol for Sexual Assault Survivors, Read Order

Can a Arrested Lawyer be permitted to represent his Clients while being in Custody? Read Order

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PMLA: Supreme Court upholds the validity of Section 19 dealing with Power to Arrest. An Analysis [Read Judgement]

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Supreme Court held that twin conditions for bail are not unreasonable, upholding the validity of Section 45 of the PMLA [Read Judgement]

HC Explains: Concept of Reverse Burden under Sec.113B of Evidence Act in Dowry Deaths, Read Order

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HC: Writ under Article 227 is not maintainable during the pendency of Arbitral Proceedings if other remedies are available with the claimant [Read Judgement]

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High Court held that the term “RESIDENT” under the provisions of the FEMA Act and the Income Tax Act, 1961 have different objective and purposes [Read Judgement]

Income Tax Returns

ITAT: The non-existence of the parties who have given loan to the assessee is clear indication of their nature being prima facie bogus

Money Laundering

SC: If a person is finally discharged/ acquitted of the scheduled, there can be no offence of money laundering against him [Read Judgement]

building.jpg, pic by google

MAHARERA- If the Promoter Fails to handover the possesion of the Flat to the allotee then, he will be liable [Read Judgement]

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NCLAT applied the Doctrine of Prospective Overruling: When status of a debtor attains finality, the same cannot be altered on the basis of a subsequent judgement in different proceedings [Read Judgement]

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SC: Sec- 48 of Gujrat Value Added Tax Act not contrary to or inconsistent with Sec- 53 or any other provisions of IBC [Read Judgement]

Maharashtra Real Estate Regulatory Authority, pic by: wordpress.com

MahaRERA: Once the OC for Real Estate Project is received from the relevant Planning Authority, the project is assumed to be complete in all aspects as per the sanctioned plan [Read Judgement]

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SC: Liability of a Guarantor is co-extensive with the Borrower [Read Judgement]

Corporate Insolvency, pic by: Centrik

NCLAT: If Resolution Plan could not be approved after expiry of Statutory Period, proceedings to be initiated under Sec- 33(2) IBC [Read Judgement]

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HC: A mere exculpatory statement to the ED not a reasonable ground to be guilty of an offence under PMLA [Read Judgement]

Money Laundering

HC: Prosecution under PMLA not possible once accused is acquitted of the Scheduled Offence [Read Judgement]

Reserve Bank of India

SC: RBI is obliged to disclose defaulters list, inspection reports, annual statements etc., related to banks under RTI Act [Read Judgement]

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HC: Evasion of Tax robs the Nation of critical resources and could be used in ways which could threaten National Security [Read Judgement]

NCLAT: Duty of Resolution Professional to diligently verify claims and scrutine documents for genuineness and authenticity [Read Judgement]

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SC: There is no bar on withdrawal of an admitted CIRP application before constitution of Committee of Creditors [Read Judgement]

Corporate Insolvency, pic by: Centrik

SC: The approval of a Resolution in respect of one borrower cannot certainly discharge a co- borrower [Read Judgement]

Salary, pic by: Fortune India

NCLAT: Margin Money can in no manner be said to be a ‘Security Interest’ as defined under Section 3(31) of the IBC

Insolvency and Bankruptcy Code

NCLAT: Remanding a Resolution Plan back to Committee of Creditors on grounds of procedural deviations would render CIRP a never-ending process [Read Judgement]

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