Background and Issue The Supreme Court recently addressed the issue of the role of a ‘support person’ in child sexual abuse cases, particularly in the context of the Protection of Children from Sexual Offences Act (POCSO Act) Rules, 2020. The Court noted that despite the progressive step of introducing the role of a support person, …
These decisions cover a wide range of topics related to arbitration, including the validity of arbitration agreements, challenges to arbitrator appointments, enforcement of arbitral awards, interpretation of arbitration clauses, and more. The following table highlights the important cases and their key takeaways: Section Case Key Takeaways Section 7 Tata Capital Finance Ltd. v. Shri Chand …
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This note provides a guide for lawyers to the process of Hindu marriage registration in India under the Hindu Marriage Act of 1955 and the Special Marriage Act of 1954. 1. Documentation A. Required from husband and wife Document Purpose Aadhaar card Identity proof Voter ID card Identity proof Driving license Identity proof Passport Identity …
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Table of Contents Definition and Importance of Third-Party Insurance Extent of Insurer Liability Legal Requirements of Compulsory Insurance Owner’s Responsibility Motor Vehicles (Amendment) Act 2019 Use of the Vehicle Key Case Laws 1. Definition and Importance of Third-Party Insurance Third-party insurance is a mandatory requirement under the Motor Vehicles Act for all vehicle owners. It …
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In recent rulings, the courts have further clarified the interpretation and application of Section 138 of the Negotiable Instruments Act (NI Act) and the process of quashing complaints under Section 482 of the Code of Criminal Procedure (CrPC). Table 1: Key Case Laws Case Name Court Date of Ruling Key Takeaways Ganesh Babu Gupta v. …
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In an ongoing inquiry regarding the authority of the police under the Code of Criminal Procedure (Cr.P.C) to request and obtain specimen signatures and handwriting from the accused for expert examination, it has been established that such an act does not comprise ‘personal testimony’. This development, confirmed in a recent decision, was made amid ongoing …
Arbitration is a form of alternative dispute resolution (ADR) that allows parties to settle their disputes without resorting to litigation. Arbitration is based on the principle of party autonomy, which means that the parties can choose the arbitrator(s), the applicable law, the procedure and the seat of arbitration. Arbitration can be domestic or international, depending …
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OVERVIEW 1. The court’s jurisdiction for a custody case is determined by the minor’s “ordinary residence”. This is primarily a question of intention, which can be a mixed question of law and fact. 2. Interim custody can be ordered by the court for the protection of the person or property of the minor. The court’s …
Introduction: This comprehensive practice note aims to provide lawyers with a detailed understanding of the intersection between the Civil Procedure Code (CPC) and the Indian Evidence Act. It examines the interplay between these two crucial legal frameworks, highlighting their essential provisions and guiding principles. By understanding this intersection, lawyers can effectively navigate the civil litigation …
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Table of Contents Introduction Applicability of Code of Civil Procedure (CPC) to Family Law Overlapping Jurisdictions Pleadings in Family Law Cases Service of Summons in Family Law Matters Execution of Decrees in Family Law Appeals in Family Law Matters Inherent Powers of the Court Temporary Injunctions in Family Law Conclusion 1. Introduction This Practice Note …
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