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17. The text of the amendment itself clearly provides that the right conferred on a “daughter of a coparcener” is “on and from the commencement of the Hindu Succession (Amendment) Act, 2005”. Section 6(3) talks of death after the amendment for its applicability. In view of plain language of the statute, there is no scope…
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Landmark Judgments of Supreme Court on Section 482 CrPC – Inherent Powers of High Court – Quashing FIR – Quashing Criminal Proceedings – Prevent Abuse of Process of Court 1. Introduction Section 482 CrPC is essentially an enabling provision that gives the High Court the authority to intervene in matters where the regular legal framework…
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It is a matter of common knowledge that unfortunately matrimonial litigation is rapidly increasing in our country. All the courts in our country including this court are flooded with matrimonial cases. This clearly demonstrates discontent and unrest in the family life of a large number of people of the society.29. The courts are receiving a…
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The Supreme Court of India in State of Haryana vs Bhajan Lal 1992 AIR 604, 1992 SCC Supl. (1) 335 held as follows- 8.1. In the exercise of the extra-ordinary power under Article 226 or the inherent powers under Section 482 of the Code of Criminal Procedure, the following categories of cases are given by…
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What is a suit for declaration? Section 34 of the Specific Relief Act and salient features of a suit for declaration. Supreme Court judgments on when to file a suit for declaration… 1. What is a suit for declaration? A suit for declaration is a legal action filed in a court by an individual or…
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Extract from: B.N. Datar Centenary Endowment Lecture New Dimensions of Justice by Justice J.S. Verma [Cite as : (1997) 3 SCC (Jour) 3] “…Justice is the ideal to be achieved by Law. Justice is the goal of law. Law is a set of general rules applied in the administration of justice. Justice is in a…
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72. The following principles emerge from the cases above: 1. The appellate court may review the evidence in appeals against acquittal under sections 378 and 386 of the Criminal Procedure Code, 1973. Its power of reviewing evidence is wide and the appellate court can reappreciate the entire evidence on record. It can review the trial…
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