[Self-Incrimination] Company Cannot Seek Protection Under Article 20(3) Of Constitution Without Satisfying Its Ingredients: P&H High Court
https://www.livelaw.in/high-court/punjab-and-haryana-high-court/punjab-haryana-high-court-company-cannot-seek-protection-art-203-without-satisfying-ingredients-when-document-necessary-to-adjudicate-matter-is-summoned-281191
https://www.livelaw.in/high-court/punjab-and-haryana-high-court/punjab-haryana-high-court-company-cannot-seek-protection-art-203-without-satisfying-ingredients-when-document-necessary-to-adjudicate-matter-is-summoned-281191
www.livelaw.in
[Self-Incrimination] Company Cannot Seek Protection Under Article 20(3) Of Constitution Without Satisfying Its Ingredients: P&Hβ¦
The Punjab & Haryana High Court has made it clear that a company cannot refuse to produce a summoned document by seeking protection of Article 20(3) of the constitution, without satisfying its...
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[Self-Incrimination] Company Cannot Seek Protection Under Article 20(3) Of Constitution Without Satisfying Its Ingredients: P&H High Court https://www.livelaw.in/high-court/punjab-and-haryana-high-court/punjab-haryana-high-court-company-cannot-seek-protectionβ¦
Justice N.S Shekhawat explained that, βconsidering the Article 20(3) of the Constitution of India, the protection against self incrimination would come to the rescue of a person only when these three ingredients are satisfied,
(a) accusation of an offence against such person
(b) compulsion to provide evidence and
(c) giving out self incriminating material, relating to accusations levelled against him, either in the form of oral testimony or in the form of a statement recorded or in the form of document produced.β
@CurrentLegalGK
(a) accusation of an offence against such person
(b) compulsion to provide evidence and
(c) giving out self incriminating material, relating to accusations levelled against him, either in the form of oral testimony or in the form of a statement recorded or in the form of document produced.β
@CurrentLegalGK
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Handcuffing: Necessity Or Violation Of Rights?
https://www.livelaw.in/articles/arrested-person-handcuffing-violation-of-fundamental-rights-supreme-court-judgments-280994
https://www.livelaw.in/articles/arrested-person-handcuffing-violation-of-fundamental-rights-supreme-court-judgments-280994
www.livelaw.in
Handcuffing: Necessity Or Violation Of Rights?
βHandcuffing is prima facie inhuman and, therefore, unreasonable; it should be the last resort, not the first reflex." - Justice Krishna IyerAny popular media representation of arrest is perhaps...
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Handcuffing: Necessity Or Violation Of Rights? https://www.livelaw.in/articles/arrested-person-handcuffing-violation-of-fundamental-rights-supreme-court-judgments-280994
βοΈππ#Quotes_@CurrentLegalGK
βHandcuffing is prima facie inhuman and, therefore, unreasonable; it should be the last resort, not the first reflex." -
~ Justice Krishna Iyer
βHandcuffing is prima facie inhuman and, therefore, unreasonable; it should be the last resort, not the first reflex." -
~ Justice Krishna Iyer
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S. 54 TPA | Possession Of Property Under Agreement To Sell Doesn't Grant Ownership; Registration Required: Supreme Court
https://www.livelaw.in/supreme-court/supreme-court-property-ownership-registration-agreement-to-sell-281269
https://www.livelaw.in/supreme-court/supreme-court-property-ownership-registration-agreement-to-sell-281269
www.livelaw.in
S. 54 TPA | Possession Of Property Under Agreement To Sell Doesn't Grant Ownership; Registration Required: Supreme Court
The Supreme Court has reaffirmed that mere possession of a property under an agreement to sell does not confer ownership unless a sale deed is duly registered under the Indian Registration Act, 1908.
Drafting-Pleadings-and-Conveyancing.pdf
884.6 KB
Drafting Pleading and Conveyancing.
See the drafts of Civil criminal pleadings such as Plaint, complaint, bail etc. as well as Agreement to sell and Sale deed.
To get a fair idea of how practically the law is applied because 1st step for a practical lawyer is to learn to draft as per the law and a law student to imagine how practical world works and to understand the concept in interesting way then it is a good method.
Reading Writs under constituion then go through these drafts after reading the concept and find out what what law points are applied and what aren't.
@CurrentLegalGK
See the drafts of Civil criminal pleadings such as Plaint, complaint, bail etc. as well as Agreement to sell and Sale deed.
To get a fair idea of how practically the law is applied because 1st step for a practical lawyer is to learn to draft as per the law and a law student to imagine how practical world works and to understand the concept in interesting way then it is a good method.
Reading Writs under constituion then go through these drafts after reading the concept and find out what what law points are applied and what aren't.
@CurrentLegalGK
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https://www.verdictum.in/court-updates/supreme-court/khalsa-university-v-the-state-of-punjab-2024-insc-751-arbitrariness-article-14-1553530?utm_source=chatgpt.com
The two-Judge Bench comprising Justice B.R. Gavai and Justice K.V. Viswanathan observed, βIt can thus be seen that in the said case, it was held that the test of manifest arbitrariness as laid down by this Court in various judgments would also apply to invalidate legislation as well as subordinate legislation under Article 14. It was held that manifest arbitrariness must be something done by the legislature capriciously, irrationally and/or without adequate determining principle. It further goes on to hold that when something is done which is excessive and disproportionate, such a legislation would be manifestly arbitrary.
@CurrentLegalGK
@CurrentLegalGK
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Canβt Declare HC Judgment As Illegal Under Article 32 Of Constitution; If Petitioners Haven't Been Heard, They Can Either File Recall Application Before HC Or SLP: SC
https://www.verdictum.in/court-updates/supreme-court/vimal-babu-dhumadiya-ors-v-the-state-of-maharashtra-ors-2025-insc-77-article-32-constitution-article-136-recall-application-1565090
https://www.verdictum.in/court-updates/supreme-court/vimal-babu-dhumadiya-ors-v-the-state-of-maharashtra-ors-2025-insc-77-article-32-constitution-article-136-recall-application-1565090
www.verdictum.in
Canβt Declare HC Judgment As Illegal Under Article 32 Of Constitution; If Petitioners Haven't Been Heard, They Can Either Fileβ¦
The Supreme Court was considering a Petition filed by the Petitioners under Article 32 of the Constitution seeking a declaration that the judgment of the Bombay High Court was illegal.
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Canβt Declare HC Judgment As Illegal Under Article 32 Of Constitution; If Petitioners Haven't Been Heard, They Can Either File Recall Application Before HC Or SLP: SC https://www.verdictum.in/court-updates/supreme-court/vimal-babu-dhumadiya-ors-v-the-stateβ¦
In our considered opinion, under Article 32 of the Constitution, the judgment of the Division Bench of the High Court of Judicature at Bombay cannot be declared as illegalβ, the Bench held. It was further explained by the Bench that if the petitioners have not been heard and are affected by the said judgment, the remedy available to them is to either file a petition/application for recall of the said judgment or a petition under Article 136 of the Constitution before the Apex Court.
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Conditions To Invoke S. 53A Transfer Of Property Act : Supreme Court Explains
https://www.livelaw.in/supreme-court/conditions-to-invoke-s-53a-transfer-of-property-act-supreme-court-explains-279281
https://www.livelaw.in/supreme-court/conditions-to-invoke-s-53a-transfer-of-property-act-supreme-court-explains-279281
www.livelaw.in
Conditions To Invoke S. 53A Transfer Of Property Act : Supreme Court Explains
The Supreme Court recently observed that the transferee cannot claim protection under Section 53-A of the Transfer of Property Act, 1882 (βTPAβ) if he fails to prove the execution of a sale...
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Conditions To Invoke S. 53A Transfer Of Property Act : Supreme Court Explains https://www.livelaw.in/supreme-court/conditions-to-invoke-s-53a-transfer-of-property-act-supreme-court-explains-279281
Section 53A of TPA acts as a shield for the prospective transferee who is holding possession of the immovable property under a contract of sale, that is not formally executed (not registered). The provision puts an obligation on the transferor to not enforce the contract against the transferee when the transferee has acted in accordance with the written agreement.
βSection 53-A of the Transfer of Property Act was inserted partly to set at rest the conflict of views in this country, but principally for the protection of ignorant transferees who take possession or spend money in improvements relying on documents which are ineffective as transfers or on contracts which cannot be proved for want of registration. The effect of this section, is to relax the strict provisions of the Transfer of Property Act and the Registration Act in favour of transferees in order to allow the defence of part performance to be established.β, the court observed.
GIRIYAPPA v. KAMALAMMA, 2024
#Object_of_law@CurrentLegalGK
βSection 53-A of the Transfer of Property Act was inserted partly to set at rest the conflict of views in this country, but principally for the protection of ignorant transferees who take possession or spend money in improvements relying on documents which are ineffective as transfers or on contracts which cannot be proved for want of registration. The effect of this section, is to relax the strict provisions of the Transfer of Property Act and the Registration Act in favour of transferees in order to allow the defence of part performance to be established.β, the court observed.
GIRIYAPPA v. KAMALAMMA, 2024
#Object_of_law@CurrentLegalGK
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9 Right of Senior Citizens_compressed.pdf
5.2 MB
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What does secularism mean in Bangladesh, a country where Islam is the state religion? π
#bangladesh #explained_global #express_explained #secularism
#bangladesh #explained_global #express_explained #secularism
The Indian Express
What does secularism mean in Bangladesh, a country where Islam is the state religion?
A Constitution Reform Commission has recommended that secularism, along with nationalism and socialism, should be removed from the preamble of Bangladeshβs constitution. Can the concepts of a state religion and secularism coexist?
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Order II Rule 2 CPC Doesn't Bar Second Suit For Relief Which Was Barred At The Time Of First Suit : Supreme Court
https://www.livelaw.in/supreme-court/order-ii-rule-2-cpc-doesnt-bar-second-suit-for-relief-which-was-barred-at-the-time-of-first-suit-supreme-court-281243
https://www.livelaw.in/supreme-court/order-ii-rule-2-cpc-doesnt-bar-second-suit-for-relief-which-was-barred-at-the-time-of-first-suit-supreme-court-281243
www.livelaw.in
Order II Rule 2 CPC Doesn't Bar Second Suit For Relief Which Was Barred At The Time Of First Suit : Supreme Court
The Supreme Court observed that when the plaintiff couldn't seek the required relief in the first suit, Order II Rule 2 CPC would not bar him from seeking such relief made available to him by...
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Order II Rule 2 CPC Doesn't Bar Second Suit For Relief Which Was Barred At The Time Of First Suit : Supreme Court https://www.livelaw.in/supreme-court/order-ii-rule-2-cpc-doesnt-bar-second-suit-for-relief-which-was-barred-at-the-time-of-first-suit-supremeβ¦
Facts: Order II Rule 2 CPC required Respondent No. 1 to include the reliefs of specific performance of the agreement to sell and recovery of possession in the initial suit. However, due to a government ban on executing sale deeds in the village, these reliefs couldn't be sought then. After the ban was lifted, Respondent No. 1 filed a second suit seeking these additional reliefs.
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S. 100 CPC | High Courts Cannot Pass Interim Order In Second Appeal Without Framing Substantial Question Of Law : Supreme Court
https://www.livelaw.in/supreme-court/supreme-court-section-100-cpc-second-appeal-interim-order-substantial-question-of-law-281308
https://www.livelaw.in/supreme-court/supreme-court-section-100-cpc-second-appeal-interim-order-substantial-question-of-law-281308
www.livelaw.in
S. 100 CPC | High Courts Cannot Pass Interim Order In Second Appeal Without Framing Substantial Question Of Law : Supreme Court
Observing that a second appeal under Section 100 CPC cannot proceed without framing substantial questions of law, the Supreme Court set aside the Andhra Pradesh High Court's order which granted an...
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S. 100 CPC | High Courts Cannot Pass Interim Order In Second Appeal Without Framing Substantial Question Of Law : Supreme Court https://www.livelaw.in/supreme-court/supreme-court-section-100-cpc-second-appeal-interim-order-substantial-question-of-law-281308
whether the High Court could pass any ad interim order for a limited period, before framing the substantial question(s) of law, while dealing with a second appeal filed under Order XLI r/w Section 100 CPC.
Answering negatively, the Court observed:
This Court has categorically held that the High Court acquires jurisdiction to deal with the second appeal on merits only when it frames a substantial question of law as required to be framed under Section 100 CPC; and it cannot grant an interim order, without framing substantial question of law.β
@CurrentLegalGK
Answering negatively, the Court observed:
This Court has categorically held that the High Court acquires jurisdiction to deal with the second appeal on merits only when it frames a substantial question of law as required to be framed under Section 100 CPC; and it cannot grant an interim order, without framing substantial question of law.β
High Court cannot use 151 to issue interim orders before framing substantial question of law.
@CurrentLegalGK
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