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The Legal Affair

Introduction: The Jammu and Kashmir and Ladakh High Court recently ruled that a Registering Officer’s role under the Registration Act, 1908, is purely administrative and does not extend to adjudicating the title or ownership of the person executing a document. Justice Wasim Sadiq Nargal made it clear that a Registering

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News

The Legal Affair
thelegalaffair.com > news > death-sentence-set-aside-after-fair-trial-failures-and-reasonable-doubt-in-pocso-case-madras-high-court-reaffirms-beyond-reasonable-doubt-standard

Death Sentence Set Aside After Fair-Trial Failures and Reasonable Doubt in POCSO Case: Madras High Court Reaffirms Beyond-Reasonable-Doubt Standard??? The Legal Affair

2+ day, 18+ hour ago   (1589+ words) Because the prosecution alleged grave sexual offences against young children, the case resulted in the imposition of the extreme penalty of death by the Special POCSO Court. The State consequently placed the matter before the High Court through a reference…...

The Legal Affair
thelegalaffair.com > news > mere-participation-in-political-rally-cannot-attract-criminal-charges-without-specific-overt-acts-holds-andhra-pradesh-high-court

Mere Participation in Political Rally Cannot Attract Criminal Charges Without Specific Overt Acts, Holds Andhra Pradesh High Court??? The Legal Affair

2+ day, 18+ hour ago   (1315+ words) The Court consequently examined whether the FIR contained the necessary foundational facts to establish that the petitioners themselves had committed the alleged acts. It found that the allegations were “inherently vague, omnibus and lacking in specific particulars” and that no…...

The Legal Affair
thelegalaffair.com > news > co-employee-cannot-challenge-colleagues-acr-grading-without-legal-right-holds-himachal-pradesh-high-court

Co-Employee Cannot Challenge Colleague???s ACR Grading Without Legal Right, Holds Himachal Pradesh High Court

4+ day, 18+ hour ago   (816+ words) The factual background showed that four eligible doctors had been considered by the DPC for two available posts in 2015. Dr. Mukesh Surya received a “Very Good” assessment, whereas Dr. Shikha Sood was placed in the “Outstanding” category and consequently ranked…...

The Legal Affair
thelegalaffair.com > news > allahabad-high-court-protects-accident-victims-from-technical-dismissals-on-territorial-jurisdiction

Allahabad High Court Protects Accident Victims from Technical Dismissals on Territorial Jurisdiction

4+ day, 18+ hour ago   (1556+ words) Following his death, his widow, two children and mother instituted a claim petition under Section 166 of the Motor Vehicles Act, 1988 before the Motor Accident Claims Tribunal at Sitapur. The claimants sought compensation of ₹30,41,000 along with interest at the rate of…...

The Legal Affair
thelegalaffair.com > news > government-pleader-cannot-insist-on-continuation-of-engagement-jharkhand-high-court-says-dignified-renunciation-must-replace-chase-for-lost-briefs

Government Pleader Cannot Insist on Continuation of Engagement: Jharkhand High Court Says Dignified Renunciation Must Replace???Chase for Lost Briefs?????? The Legal Affair

1+ week, 16+ hour ago   (1384+ words) The dispute raised questions concerning the nature of a government advocate’s engagement, the applicability of Article 14 to State action in contractual matters, the requirement of hearing before termination, allegations of discrimination and mala fides, and the extent to which a…...

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thelegalaffair.com > news > gauhati-high-court-reaffirms-separate-shares-under-muslim-law-holds-brother-cannot-sell-minors-property-as-guardian

Gauhati High Court Reaffirms Separate Shares Under Muslim Law, Holds Brother Cannot Sell Minors’ Property As Guardian – The Legal Affair

1+ week, 5+ day ago   (1660+ words) The defendants further claimed that they had never personally sold the property and had no knowledge of the registered sale deed until they received summons in the plaintiff’s suit. They maintained that they had remained in possession of the land…...

The Legal Affair
thelegalaffair.com > news > no-minister-is-above-the-law-madras-high-court-insists-on-personal-appearance-in-pending-criminal-case

No Minister Is Above the Law: Madras High Court Insists on Personal Appearance in Pending Criminal Case – The Legal Affair

2+ week, 18+ hour ago   (1213+ words) The case was registered by the Lawpet Police Station in Puducherry for offences under Sections 448, 427, 324, 506(i) and 294(b), read with Section 34 of the Indian Penal Code. The allegations included house-trespass, mischief, voluntarily causing hurt by a dangerous weapon or means, criminal intimidation…...

The Legal Affair
thelegalaffair.com > news > medical-diagnosis-alone-cannot-stall-a-criminal-appeal-when-counsel-can-represent-the-appellant-jk-and-ladakh-high-court-holds

Medical Diagnosis Alone Cannot Stall a Criminal Appeal When Counsel Can Represent the Appellant, J&K and Ladakh High Court Holds??? The Legal Affair

2+ week, 18+ hour ago   (1006+ words) However, the petitioner continued to rely upon an “Illness Certificate” issued by the Medical Superintendent of the Government Psychiatric Diseases Hospital. The certificate recorded the diagnosis of “Adjustment Disorder with Depressed Mood.” According to the petitioner’s counsel, obtaining a more…...

The Legal Affair
thelegalaffair.com > news > calcutta-high-court-victims-right-to-investigation-documents-cannot-be-defeated-by-citing-a-wrong-provision

Calcutta High Court: Victim???s Right to Investigation Documents Cannot Be Defeated by Citing a Wrong Provision

2+ week, 2+ day ago   (1639+ words) The High Court’s decision therefore addresses two connected legal questions. The first concerns which procedural law applies to an application filed after the BNSS came into force. The second concerns whether a technical mistake in mentioning the statutory provision can…...

The Legal Affair
thelegalaffair.com > news > natural-justice-is-inherent-in-fcra-renewal-calcutta-high-court-sets-aside-refusal-without-hearing

Natural Justice Is Inherent in FCRA Renewal: Calcutta High Court Sets Aside Refusal Without Hearing

2+ week, 5+ day ago   (832+ words) The Union of India and the other respondents, represented by Additional Solicitor General Dhiraj Trivedi, opposed the writ petition. Their principal preliminary objection was that the petitioner had an effective statutory remedy under Section 32 of the FCRA and should have…...