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Supreme Court guidelines for cases dealing with habeas corpus petitions and in petitions seeking protection from family or police interference or petitions for police protection. 1. What is Habeas Corpus: Writ Jurisdiction The writ of habeas corpus (Latin: “you should have the body”) is a powerful judicial remedy that mandates the production of a detained…
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1. Facts in Brief 2. Issues 3. Findings / Reasoning 4. Decision of the Court The Supreme Court found no merit in the appeal. The Court held that the Will was not tainted with suspicious circumstances, the High Court’s decision restoring the Trial Court’s judgment was correct, and the First Appellate Court’s reversal was unsafe.…
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“A government that abides by the rule of law is seen as good and worthy of respect.”~ Brian Z. Tamanaha “Here is the definition: The rule of law means that government officials and citizens are bound by and abide by the law. I repeat: government officials and citizens are bound by and abide by the…
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The rule of law has been precisely conceptualized by AV Dicey (AV Dicey, Introduction to the Study of the Law of the Constitution, Macmilan and Co. Ltd. (1952), pp. 183-205), which can be summarized into three postulates: (1) “no man is punishable or can be lawfully made to suffer in body or goods except for…
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REASONS BEHIND ENACTMENT OF SARFAESI ACT 1. Till early 1990s, the civil suits were being filed for recovery of the dues of banks and financial institutions under the Act 1882 and the Code of Civil Procedure, 1908 (“CPC”). Due to various difficulties the banks and financial institutions had to face in recovering loans and enforcement…
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The Supreme Court of India in Rajiv Thapar & Ors vs Madan Lal Kapoor 2013 (3) SCC 330 observed as under- “21. The High Court, in exercise of its jurisdiction under Section 482 of the Cr.P.C., must make a just and rightful choice. This is not a stage of evaluating the truthfulness or otherwise of…
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The Supreme Court in Urmila Dixit v. Sunil Sharan Dixit and Ors. upheld that Maintenance Tribunals can cancel conditional gifts and order eviction if children fail to maintain elderly parents. It affirmed a liberal, welfare-oriented interpretation of Section 23, ensuring senior citizens receive effective remedies against neglect and misuse of transferred property. 1. Facts in…
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