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07 Feb 2025

Posted by: Aishwarya Chourasia

Justice Abhay S. Oka on Judiciary's Challenges: Complaints, Media Trials, and Adjournments

Justice Abhay S. Oka of the Supreme Court delivered a thought-provoking on the growing concerns about frivolous complaints, media trials, frequent adjournments, and their combined impact on the judicial process. The Danger of Frivolous Complaints Justice Oka pointed out a disturbing trend he has observed over the last decade, where unscrupulous litigants file complaints against judges with the intent to malign their reputations. He expressed grave concern over how these complaints, even when frivolous, are often leaked and go viral....

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06 Feb 2025

Posted by: Aishwarya Chourasia

Illegality of Arrest and Bail

Introduction: In a landmark decision, the Supreme Court of India recently delivered a verdict emphasizing the protection of personal liberty against illegal arrests and improper detention. This ruling comes as a crucial reinforcement of the fundamental rights enshrined in the Constitution of India, especially Article 22(2), which safeguards an individual’s right to not be illegally detained. The case, Directorate of Enforcement v. Subhash Sharma (2025), provides vital clarity on the consequences of violations of these rights, specifically the 24-hour window....

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06 Feb 2025

Posted by: Manas shrivastava

Exclusion of Time Under The Limitation Act, 1963 | Section 12-15 of Limitation Act 1963

The Limitation Act provides certain exceptions for excluding specific periods when calculating the time limit for filing a suit, appeal, or application. Sections 12 to 15 deal with such exclusions. Section 12 – Time Exclusion in Legal Cases Section 12 applies to suits, appeals, and applications. It specifies certain periods that should not be counted while computing the limitation period. These include: The day on which the cause of action arises. The day the judgment being challenged was delivered. The....

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05 Feb 2025

Posted by: Manas shrivastava

Legal Disability Under Section 6 of the Limitation Act, 1963

Legal disability under the Limitation Act means a person is unable to take legal action because of physical or mental limitations. It refers to a situation where someone does not have the full legal capacity to exercise their rights like an ordinary person would. Legal Disability Under Section 6 of the Limitation Act Section 6 of the Limitation Act provides special provisions for individuals who are legally disabled, meaning they cannot file a suit or application within the prescribed limitation....

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05 Feb 2025

Posted by: Aishwarya Chourasia

SC: Laws on Women’s Cruelty & Dowry Harassment Should Not Be Abused for Personal Grudges

  The Supreme Court of India recently stated the importance of safeguarding the integrity of laws designed to protect women from cruelty and dowry harassment. In a recent ruling, in case P.V. KRISHNABHAT Vs. THE STATE OF KARNATAKA 2025 LiveLaw (SC) 149 the Court quashed a case involving allegations under Section 498A of the Indian Penal Code (IPC)(Now sec 85 of BNS,2023), asserting that criminal law should not be misused for personal vendettas. Section 498A of the IPC: Criminalizes cruelty....

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04 Feb 2025

Posted by: Manas Shrivastava

What is Judgement under Section 2(9) and Order 20 of C.P.C 1908

A judgment is a crucial part of a civil lawsuit and is delivered before the court prepares a decree. The term "Judgment" is explained in Section 2(9) and Order 20 of the Code of Civil Procedure, 1908. According to Section 2(9) of the Code, a judgment includes the facts of the case, the key issues, the evidence presented by both sides, and the court’s decision on those issues based on the evidence and arguments made. Every judgment must contain a summary....

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03 Feb 2025

Posted by: Manas Shrivastava

What is Joinder of parties under Order 1 of CPC

In a civil case, one party (the plaintiff) initiates a lawsuit against another party (the defendant), and the court determines their respective rights and obligations. The general rule is that the plaintiff, as the "dominus litis" (master of the suit), has the right to choose whom to sue and cannot be forced to include others unless legally required. Rules for Adding Parties Order 1 of the Code of Civil Procedure, 1908 (CPC) governs the inclusion, removal, and substitution of parties.....

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01 Feb 2025

Posted by: Manas Shrivastava

Interpleader Suit

What is an Interpleader Suit? An interpleader suit is a legal action where the real dispute is not between the plaintiff (the person filing the suit) and the defendant(s) but between multiple defendants who are claiming the same property or money. Unlike an ordinary lawsuit, the plaintiff in an interpleader suit is not personally involved in the conflict but simply brings the case to court to determine the rightful owner. Legal Meaning of Interpleader To interplead means to litigate with....

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23 Jan 2025

Posted by: Aishwarya Chourasia

Village Police Patil Not Police Officer; Confession To Him Admissible As Extra Judicial Confession : Supreme Court

In a recent decision, the Supreme Court of India, in the case Sadashiv Dondiram Patil v. The State of Maharashtra (2025 LiveLaw SC 97), underscored the nature of extra-judicial confessions and clarified the principles governing their admissibility in criminal trials. This decision delves into several facets of criminal jurisprudence, particularly the weight of extra-judicial confessions, the burden of proof, and the standard of proof required to establish guilt in a murder case. The Case Background The appellant in this case,....

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21 Jan 2025

Posted by: Aishwarya Chourasia

Kerala Court Issues Bailable Warrant Against Patanjali Ayurved's Baba Ramdev And Managing Director In Misleading Advertisements Case

Introduction: In recent developments, Baba Ramdev and his close associate, Acharya Balakrishna, are facing legal challenges over misleading advertisements related to their products from Divya Pharmacy, an affiliate of Patanjali Ayurved. The Kerala Judicial First Class Magistrate Court issued a bailable warrant against the two for allegedly violating the Drug and Magic Remedies (Objectionable Advertisement) Act, 1954. This case has gained widespread attention due to the nature of the allegations and its potential impact on the credibility of Patanjali Ayurved....

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