Practice Notes

The Essentials of UAE Civil Law for Practitioners

Dubai’s glistening skyline and Abu Dhabi’s luxurious splendor have often been at the forefront of international admiration, but beneath the United Arab Emirates’ architectural wonders lies a sophisticated legal system. The UAE’s civil law system has evolved to cater to the nation’s rapid development. For practitioners looking to understand or engage with this system, it’s …

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Understanding Caveat under Section 148A of the Civil Procedure Code (CPC)

1. Introduction: “Caveat,” a Latin term originating from the 16th century, signifies a cautionary or preventive measure taken by an individual anticipating a potential legal action against them. In the context of the Code of Civil Procedure (CPC), the concept of “Caveat” allows such an individual to file a caveat petition, ensuring the court notifies …

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Can an Unprotected Tenant, Ghair Marusi, Transfer or Surrender Land to Another Party or for a graveyard?

Viewfinder The term “Ghair Marusi” refers to a non-occupancy tenant or a tenant who has abandoned or relinquished the possession of the rented property. The term is commonly used in the revenue records and land laws of Jammu and Kashmir. The term “Ghair Marusi” originates from the Persian language. In Persian, “Ghair” means “other” or …

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A Guide to Protection in Respect of Conviction for Offences in India

In India, the protection of fundamental rights and safeguards for accused individuals during criminal trials is enshrined in the Constitution. Article 20 of the Indian Constitution specifically addresses these protections and is a cornerstone of the legal framework. This practice note aims to provide lawyers in India with an overview of Article 20 and its …

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Understanding Sampling Procedures for Narcotic Drugs and Psychotropic Substances under the NDPS Act

The seizure and sampling of narcotic drugs and psychotropic substances have presented ongoing challenges for investigating agencies and legal professionals in India. The intricate nature of these procedures often leads to confusion and difficulties, allowing accused individuals to exploit technicalities and evade justice. In this comprehensive practice note, we aim to provide lawyers in India …

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Implications of the Judgment in Criminal Appeal No. 871 of 2021 (Sanjeet Kumar Singh @ Munna Kumar Singh v. State of Chhattisgarh)

The Supreme Court of India, in its judgment in Criminal Appeal No. 871 of 2021, delivered on August 30, 2022, addressed several crucial aspects related to the prosecution under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The case involved the conviction of the appellant under Section 20(b)(ii)(C) of the NDPS Act for …

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Adherence to Procedural Safeguards and Evidentiary Rules in Narcotics Cases: Lessons from Tarsem Singh vs. State of Punjab (CRA-S Nos.1441, 1192 & 1587-SB of 2016)

This comprehensive practice note aims to provide lawyers in Kashmir with valuable insights and guidelines on the significance of complying with legal requirements in narcotics cases. Drawing from the judgment in the case of Tarsem Singh vs. State of Punjab, this note underscores the paramount importance of strict adherence to procedural safeguards and evidentiary rules …

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Allowing Plaintiffs to Testify as Witnesses at a Later Stage in Civil Suits: Analysis of Recent Legal Precedents

ORIGIN OF REQUEST: COURT CAST KASHMIR WHATSAPP GROUP REQUESTER: FAYAZ NABI (Lawyer) FIRST RESPONDER: UMAR MUSHTAQ (Lawyer) CONTRIBUTOR(S): UMAR MUSHTAQ (Lawyer) DATE OF PUBLICATION: 15 May, 2023 DELIVERY METHOD: WHATSAPP This practice note has been issued to address the growing need for guidance on allowing plaintiffs to testify as witnesses at a later stage in …

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Understanding the Latest Legal Landscape on Migrant Property Permission and Court Jurisdictions in Jammu and Kashmir

ORIGIN OF REQUEST: COURT CAST KASHMIR WHATSAPP GROUP REQUESTER: ABDUL BARI PEERZADA FIRST RESPONDER: MUHAMMAD AROOJ CONTRIBUTOR(S): MUHAMMAD AROOJ DATE OF PUBLICATION: 7 May, 2023 DELIVERY METHOD: WHATSAPP In a recent ruling by the Jammu and Kashmir and Ladakh High Court, important clarifications were made regarding the authority responsible for granting permission for alienation under …

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