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The Legal Affair

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The Legal Affair

Let's talk Law

Author: roshni.parwani

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  • The mere fact of will being executed a long time ago cannot be a ground to presume it’s genuineness: Supreme Court
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20/03/2023, 3 years ago

The mere fact of will being executed a long time ago cannot be a ground to presume it’s genuineness: Supreme Court

The Supreme Court in the case of Ashutosh Samanta (D) by LRs and others v. SM. Ranjan Bala Dasi and others observed that the presumption u/s 90 of the Indian Evidence Act with regards to the genuineness and regularity of documents which are more than 30 years old is inapplicable when it comes to a […]

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20/03/2023, 3 years ago

Judicial Custody for 2 years no ground for bail: Karnataka HC

The Karnataka HC recently in a case while rejecting the petition filed by two African nationals who were accused in the matter of ATM fraud, observed that merely the fact that the accused have been in judicial custody for two years is not grounds for granting bail. The accused namely Ivan Kambonge and Lawrence Mukamu […]

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20/03/2023, 3 years ago

BCI clarifies on misgivings of recent gazette notification regarding entry of foreign lawyers and law firms in India

The Bar Council of India issued a press release clarifying upon the misgivings regarding the misgivings in the recent gazette notification allowing the foreign lawyer and law firms entry in India and said that the entry is limited to allowing such firms and lawyers to advice on foreign/international laws and the advice can only be […]

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18/03/2023, 3 years ago

The Admissions and Fee Regulation Committee may exercise its authority over minority educational institutions under Article 30: SC

The Supreme Court ruled recently that minority educational institutions are not insulated from the activities of admission and fee control committees. According to the bench of Justices Dinesh Maheshwari and Sanjay Kumar, “the appellant society must necessarily submit to the AFRC the fees proposed by it in respect of the professional courses offered through its […]

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18/03/2023, 3 years ago

Plea challenges Muslim personal law provisions on intestate succession for discriminating against women

A petition has been filed with the Supreme Court, in the case of Bushara Ali vs Irfan Ahammed and ors, stating that property partition under Muslim personal law laws is biased towards women because they are only entitled to half the share of property that males receive during intestate succession. Recently, a bench of Justices […]

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18/03/2023, 3 years ago

Legal firms and foreign lawyers allowed to practise in India: Bar Council of India

The BCI notified the Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022. According to the rules, a foreign lawyer or law firm is not entitled to practise law in India without registering with the BCI. Foreign lawyers will only be allowed to advise on international laws and will […]

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18/03/2023, 3 years ago

Entertainment tax exemption for movie, cannot be claimed as a right: Madras High Court

The Madras High Court in the case of G Sundararajan v The Secretary held that the exemption from payment of entertainment tax is just a concession by the government and cannot be claimed as a right. The court thus refused relief to the producer and distributor of the 2015 Tamil film, “I” which was claimed […]

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17/03/2023, 3 years ago

The High Court ruled that an anticipatory bail request under Section 438 CrPC can be made even before the FIR is registered

The Allahabad High Court, in the case of Javed Ahmad vs. State of U.P. and other has ruled that an individual may seek anticipatory bail under Section 438 CrPC when there is a reason to suspect that he would be imprisoned, even if a FIR for the alleged non-bailable offense has not yet been launched […]

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17/03/2023, 3 years ago

“Voting is a matter of choice”: Delhi High Court

The Delhi High Court, in the case of Ashwini Kumar Upadhyay v Union of India & Ors denied a public interest litigation (PIL) plea brought by BJP leader Ashwini Upadhyay demanding mandatory voting in parliamentary and assembly elections. A Division Bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad ruled that voting is […]

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