Articles & Writeups

14 guidelines for ABJ in Civil Suit: Watershed case of Premraj Mundra v.Mohd. Maneck Gazi

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watershed case of Premraj Mundra v. Mohd. Maneck Gazi, several principles were laid down with respect to order of attachment of property before judgement, some of them were: watershed case of Premraj Mundra v. Mohd. Maneck Gazi, several principles were laid down with respect to order of attachment of property before judgement, some of them … Read more

2024 LiveLaw (SC) 745 – S Vijikumari v. Mowneshwarachari

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Citation : 2024 LiveLaw (SC) 745…Case Details : S Vijikumari v. Mowneshwarachari The Supreme Court has observed that the Protection of Women from Domestic Violence Act, 2005 is applicable to every woman in India irrespective of her religious affiliation. ” The Act is a piece of Civil Code which is applicable to every woman in … Read more

Cancellation of registration in fraudulent transactions: MHC comments

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The Court has mooted the introduction of a quasi-judicial appellate tribunal which would have the final say in disputes concerning such transactions. The Madras High Court on Friday clarified the legal position when it comes to the cancellation of registration of fraudulent transactions, including fraudulent transfer of property (S Kanniammal @ Mangai v. State of … Read more

What are the powers of the court or police about the search and seizure of a smartphone, computer, server or any other electronic item or equipment?

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 ????  9. ANSWER POINT No.1: Can a direction be issued to an accused to furnish the password, passcode or Biometrics in order to open the smartphone and/or email account?  The Investigating Officer, during the course of an investigation, could always issue any direction and/or make a request to the accused or other persons connected with … Read more

Article 227 Petition Maintainable Against Domestic Violence Act Proceedings: Madras High Court

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Article 227 is “forum-neutral”, which makes no distinction between civil court and criminal court. The Madras High Court has held that a petition under Article 227 of the Constitution is maintainable to seek the quashing of proceedings under the Domestic Violence Act. A single bench of Justice GR Swaminathan held that regardless of whether DV Act proceeding … Read more

Parties Who Privately Agree To Settle Disputes Without Court Intervention U/s 89 CPC Also Entitled To Refund Of Court Fee: Supreme Court

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“The importance of private amicable negotiation between the parties cannot be understated’ The Supreme Court held that the parties who privately agree to settle their dispute outside the modes contemplated under Section 89 of the Code of Civil Procedure are also entitled to refund of Court fees. The participants in private settlements will be entitled … Read more