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07 Feb 2025

Posted by: Manas shrivastava

Acquisition of ownership by possession | Understanding section 25 and 27 of the Limitation Act 1963

What is Section 25 of Limitation Act 1963 Section 25 of the Limitation Act deals with how someone can acquire an easement (a right to use someone else's land for a specific purpose) through long-term use. However, it does not specify the extent of the right or the legal actions available if that right is violated. Public Land vs. Private Easements A claim for public rights over public land is not considered an easement under Section 25. This section applies....

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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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04 Feb 2025

Posted by: Aishwarya Chourasia

Delhi Air Pollution: Can’t Blame Only One State’: Supreme Court Directs Punjab, Haryana Govt. Over Farm Fires

The Supreme Court of India addressed the persistent issue of Delhi’s deteriorating air quality, particularly the contribution of farm fires in neighboring states. The bench, led by Justices Abhay Oka and Augustine George Masih, examined the complex sources of pollution and directed specific actions for the states of Punjab, Haryana, and Uttar Pradesh.  Not Solely Blaming One State: The Supreme Court made it clear that farm fires in Punjab are not the only cause of Delhi's air pollution crisis during....

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03 Feb 2025

Posted by: Aishwarya Chourasia

Kerala Court Issues Non-Bailable Warrant Against Baba Ramdev and Acharya Balkrishna in Misleading Ads Case

Kerala court has issued non-bailable warrants against Baba Ramdev and Acharya Balkrishna, key figures behind Patanjali Ayurved, after their non-appearance in a criminal case filed by the Kerala Drugs Inspector. The case involves allegations against Divya Pharmacy (an affiliate of Patanjali) for publishing misleading medical advertisements in violation of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954. The Drugs Inspector filed a complaint under Section 3 of the Act, which prohibits the advertisement of drugs that claim to cure....

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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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