Prime Legal

Prime Legal

Member since: November 20, 2020
Total live articles: 110

PRIME LEGAL is a full service and one of the best law firm in Bangalore/ Bengaluru and brings to the table expertise and experience of more than two decades across various sectors and practice areas. The team is over 100 strong lawyers

Recent Articles by Prime Legal

The Plight of Undertrial Prisoners in India: Long Haul for Justice

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"Justice Delayed is Justice Denied" Introduction Indian jails are crowded with undertrial prisoners whose pleas are rarely heard. They constitute a significant portion of the prison populatio...

The Role Of Intergenerational Equity In Climate Change Policy And Decision-Ma...

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The article is going to examine the significance of fairness for posterity in the context of climate change choices, particularly in India. Consider it as though you were making a pie that ever...

Unjust Enrichment: Who Really Has to Prove Their Case

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Each incident, whether it occurred or not must be supported by evidence. Consequently, proof of an event is known as evidence. If no evidence is presented, or if evidence is presented but not p...

Dispute Resolution in Public-Private Partnerships (PPPs)

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Public-Private Partnerships (PPPs) are pivotal for infrastructure development, merging public resources with private sector efficiency. However, disputes, stemming from financial disagreements,...

Artificial Intelligence and Liability Laws

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This explores the intricate relationship between Artificial Intelligence (AI) and liability laws. In the dynamic landscape of AI deployment, questions of responsibility arise in cases of uninte...

Across State Lines: Are Extraterritorial Abductions Legitimate Instruments To...

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The battle on global psychological oppression has as of late been utilized to legitimize state-supported kidnappings in different nations. The capture and give up of previous President Slobodan...

Cases Of Fraud, Forgery And Corruption In Banks And Financial Institutions In...

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As the foundation for both economic growth and financial stability, the banking and financial sector is crucial to India's economy. However, a growing number of incidences of fraud, forgery, an...

Dispute Resolution in Public-Private Partnerships (PPPs)

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Public-Private Partnerships (PPPs) are pivotal for infrastructure development, merging public resources with private sector efficiency. However, disputes, stemming from financial disagreements,...

Artificial Intelligence And Liability Laws

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This explores the intricate relationship between Artificial Intelligence (AI) and liability laws. In the dynamic landscape of AI deployment, questions of responsibility arise in cases of uninte...

Recent Judgments And Implications Of The SC/ST (Prevention Of Atrocities) Act...

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The SC/ST (Prevention of Atrocities) Act, 1989, designed to protect the rights of Scheduled Castes and Scheduled Tribes in India, has faced significant judicial scrutiny. Recent judgments have ...

Animal Rights and Cruelty to Animals Act

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Four of the world's thirty-six biodiversity hotspots are found in India, the seventh-largest nation in the world and one of the most biodiverse regions in the planet. Animal protection and care...

Enhancing Working Condition And Welfare Of Employee

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Working conditions refer to the set of circumstances, environments, and factors that affect the physical, mental, and emotional well-being of employees in the workplace. They include things lik...

Role of Technology in Criminal Investigation

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Technology is used in all fields including commission of crime. When the crime can be done using technology, investigation can also be done with the help of technology. Use of technology in cri...

Sovereignty Over Air Space

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For a very long time, the space above our planet has fascinated and excited people because it holds the potential to link far-off locations, move cargo, and promote international travel and tra...

Media Coverage In Cases Of Child Sexual Abuse: An Analysis

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This article delves into the profound influence of mass media on addressing the pressing issue of Child Sexual Abuse (CSA) and its implications on children's rights. Mass media, encompassing br...

G20 New Delhi Leaders Declaration

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The G20 Summit's draft document encompasses a broad spectrum of global issues, reflecting the group's commitment to addressing complex challenges. It emphasizes strengthening public health syst...

Mahira Khan's Marriage: An In-Depth Legal Analysis

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Mahira Khan, a successful actress from Pakistan who is known for starring in successful Pakistani movies like "7 Din Mohabbat In", "The Legend of Maula Jatt", "Bin Roye" as well as the famous T...

Theories of Private International Law

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This comprehensive exploration delves into the intricate world of Private International Law, navigating the evolution of legal theories from ancient times to contemporary complexities. From the...

Article 21 Bestows Upon Every Individual The Sacred Right To Breathe In The E...

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The preservation of life and individual liberty as guaranteed by the fundamental rights is covered in Article 21 of the Indian Constitution[1]. According to this article, "No person shall be de...

The Absence Of Specific Labor Laws For India's Gig Economy Has Resulted In A ...

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The gig economy has transformed work options in India, with prominent online platforms like Ola and Uber paying drivers a living salary and giving incentives that allow some to make up to Rs. 9...

Hindu and Muslim Law of Succession: Key Differences

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Abstract The Hindu and Muslim Laws of Succession, governing property inheritance among Hindus and Muslims in India, exhibit notable differences. Hindu Succession Law, applicable to Hindus, Sik...

Domain Name Issues In Cyberspace

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This article delves into the world of domain name disputes in the digital era, addressing issues arising from technological advancements. It defines domain names and their components, highlight...

A Legal Analysis on Online Fraud Using Fake Identity

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Online fraud utilizing fake identities presents a complex legal landscape characterized by a convergence of criminal, civil, and regulatory aspects. This analysis examines the legal dimensions ...

LGBTQ+ Rights in India: Navigating Legal Progress and Persistent Challenge

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This study examines the challenges confronted by the LGBTQ+ community in India following the landmark decriminalization of homosexuality by the Supreme Court in 2018. Prior to this judgment, sa...

Criminal Justice Reform in India: Fostering Fairness and Effectiveness

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This article delves into the pressing need for criminal justice reform in India, focusing on key issues concerning mass incarceration, bail reform, wrongful convictions, and efforts to enhance ...

Media Trial And Its Implications Under Indian Laws

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Media trials, the public scrutiny and judgment of individuals or events by the media before the conclusion of a court trial, have become a contentious issue in India. This article examines the ...

Education Law and Students' Rights in India: Empowering the Future Generation

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This article delves into the legal framework of education law and students' rights in India, focusing on the fundamental rights of freedom of expression and association. The Right to Education ...

Does E-banking lead to a compromise in Consumer Rights?

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E-Banking refers to the practise of conducting financial transactions over the internet, such as seeing and verifying account activity, examining account balances, printing statements, and keep...

Examining the Judicial Approach to Inter-Parental Child Abduction in India

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The inter-parental removal of children has become a prevailing occurrence in recent times, fueled by factors like globalization and increased transnational interaction. This practice involves o...

Exploring Majoritarianism In India: Its Legal Implications And Challenges

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Majoritarianism refers to the dominance and exercise of power by the majority group in a society. In the context of India, a diverse nation with a pluralistic society, the concept of majoritari...

Legality Of Prostitution In India: An Analysis Of Policy And Social Implications

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Prostitution, an age-old profession that remains controversial and stigmatized, continues to thrive in India despite legal and social challenges. This abstract explores the legality of prostitu...

Examining the State of Medical Negligence in India: Challenges and Reforms

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The phrase "medical negligence" describes any conduct or omission on the part of a medical practitioner or institution that causes the patient to experience harm. Since a person's life may be in da...

Cryptocurrencies And Related Legal Issues In India

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A cryptocurrency is a digital, decentralised, encrypted form of currency. The price of cryptocurrencies is not set by a central authority. The value of a cryptocurrency is instead decided by it...

Necrophilia and its Legal Framework in India

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Legal personality is an artificial creation of law. However, who is a legal person has been a question which we still only have muddled answers for. In the very basic sense, a legal person is c...

The IPL: Navigating the Intersection of Capitalism, Democracy, and Cricket

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Cricket in India holds a special place in the nation's cultural fabric, going beyond being just a sport. This article explores the multi-faceted impact of cricket, with a particular focus on th...

Frustration Of Contract

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In English Law, it is incorporated in Frustration of Contract and Frustration of purpose under the Doctrine of Frustration. American Law is in the Theory of Impossibility and Impracticability, ...

A Long Trip From Patriarchy To Parity: Permanent Commission For Women In Army

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The military has traditionally been thought of as a male-dominated profession, but it now includes women in every capacity, setting an example for others to follow. Women were first admitted in...

Boardroom Gender Diversity: Are Mandatory Quotas Effective?

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The present article examines the relationship between gender diversity in boardrooms and the mandatory quotas instituted for it. It addresses the problems that cause a disproportionate gender r...

The Concept Of Gift Under Transfer Of Property Act

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According to Section 122 of Transfer of Property Act, 1882 Gift is defined as the transfer of certain existing moveable and immoveable property made voluntarily and without consideration, by on...

Doctrine of Territorial Nexus

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The term federalism means the division of powers between the centre and state. It is a very complex mechanism though it is the very purpose for which a federal state is formed includes the dist...

Arrest And Detention Under Civil Procedure Code

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Arrest and detention of JDr (Judgement Debtors) in prison for a duration not exceeding the period defined in Section 58, where arrest and detention is permitted under the provision (see Sectio...

Grey Judgements: Addressing Gender Inequality in Indian Judgements

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Along the years we have witnessed the Indian courts playing a vital role in asserting women equality. A nation which has been marred by patriarchy in countless pages of its history has been ab...

Crowdfunding in India

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Crowdfunding is an arising strategy that is utilized on the other hand for raising capital. It's anything but a strategy in which little gifts or ventures are raised by various people over the ...

Waiting for Legislative Assent on the Right to Be Forgotten

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The internet never sleeps and the internet never forgets In light of the realities of our current digital world, it is important to remember that not everything on the internet is desirable, e...

India: An Emerging Superpower

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The present article tries to draw a real picture of India's dream of becoming a superpower, India's emerging position as a world leader in the UN, and how this emerging superpower was affected ...

Increase in Domestic Violence Cases in India during Lockdown

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Domestic Violence cases in India is no new story. It has been so long since we are experiencing Domestic Violence cases and its surge. Domestic violence in India represents an intriguing myster...

Insider Trading In India

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Insider Trading is one of India's most prominent financial crime, which was prevalent since the early 1920's. The term 'Insider Trading' can be defined as the illegal use of non-public informat...

ICC to comprise of independent members unrelated to the accused: Delhi HC

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Justice Prathiba Singh of the Delhi HC in a revision petition directed that: A Committee be constituted by the Cabinet Secretariat, consisting of such persons who are independent and unbiased, ...

Contract as envisaged u/s 7 of the contract act, 1872, must be necessarily pr...

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To invoke the arbitration clause and make it operational, there must be a concluded contract between the parties as envisaged under Section 7 of the Contract Act, 1872, this remarkable stand wa...

Presumption is not itself an evidence but only makes a prime facie case for a...

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For the offence under Section 138 N.I. Act, the presumptions under Sections 118(a) and 139 have to be compulsory raised as soon as execution of cheque by accused is admitted or proved by the co...

A person suffering from mental disorder or mental sickness deserves special c...

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Even if there might be some contradictions with respect to language known by the victim, in that case also, it cannot be said to be the major contradictions to disbelieve the entire medical ...

Judicial Magistrate's Judgments and Order to be monitored by the Sessions Judge

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In a contempt petition filed by the Petitioner against the Judicial Magistrate, the High Court observed that the Judicial Magistrate did not acknowledge any of the superior courts judgments tha...

Journalist accused of spying on India granted bail after 90 days

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Justice Yogesh Khanna of the Delhi High Court found that the petitioner is entitled to default bail; the challan having not been filed within 60 days. The petitioner is a journalist who ha...

Any order which substantially decides certain rights of the parties cannot be...

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The question of custody of the accused is a matter of substantial right and the law is settled that any order which substantially decides certain rights of the parties cannot be said to be inte...

Delay in lodging FIR can be a valid consideration to grant anticipatory bail

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The delay may not be fatal to the criminal proceedings. However, it always depends upon the facts and circumstances of each case. However, at the same time, a long delay like 29 years as in th...

The appellants are not entitled to time bound promotional scale on the basis ...

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There is no assertion that any of the appellants have qualified both parts of A.M.I.E. Examination which is treated to be equivalent to the Engineering Degree. The appellants being only Diploma...

Right to stay in a live-in relationship forms a part of Right to life and per...

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Recently, the Allahabad High Court stated that the right to stay in live-in relationship is covered under Article 21  Right to life and personal liberty. The court stated that a couple in ...

Prosecutors not bound to heed Government order regarding withdrawal of cases

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A division bench of the Karnataka High Court recently noted: No Court is bound by such a decision taken to withdraw from the prosecution. The matter was heard while issuing notice to the respond...

Presence of malicious conduct of the parties if found, becomes sufficient for...

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Presence of malicious conduct of the parties if found, becomes sufficient for the court to not grant any relief to the concerned parties, this remarkable stand was forwarded by Odisha HC i...

Inability to meet the requirements in a prospectus can lead to disqualificati...

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If a candidate agrees to the terms and conditions mentioned in the prospectus of a particular institution before applying for admission into it, he/ she cannot seek concessions on the same. Thi...

Public interest means interest of State and Citizens

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Public interest plays an important role in every field. Profession, academics, and career are all complementary and supplementary to each other and constant competition of opportunity plays aro...

Installation and Recording of CCTV camera's mandatory in interrogation rooms ...

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The Supreme Court in one of the recent judgments has held that in case a victim during an interrogation by any of the agencies like Police, CBI, NIA, ED etc., has a right to obtain the CCTV foo...

The statutory presumption of section 139, NI Act not to be overlooked; Karnat...

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The appellate Court has over-looked the statutory presumption provided under Section 139 of the NI Act even though the accused adduced evidence he did not rebut the evidence of the complainant....

Provisions of Mental Healthcare facilities are essential

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The effects of mental illness are often felt only by those suffering from it. Except for extreme cases, they do not manifest themselves in physical symptoms. This has led to it being deeply sti...

Right to be Forgotten an integral part of an Individual's Right to Privacy

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The Odisha HC headed by Justice SK Panigrahi found that: The information in the public domain is like toothpaste, once it is out of the tube one can't get it back in and once the information is ...

Oral testimony is not enough to prove the ingredients of section 498-A IPC, t...

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On consideration of the oral testimonies of the witnesses, the ingredients of Section 498-A IPC have not been proved against the appellant-accused by the prosecution at the standard of beyond r...

The superior authority can't exercise its power u/r 219.4 after the lapse of ...

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There is no provision under the Rule which has been shown to the Court which enables the superior authority/revisional authority to exercise power under Rule 219.4 of the Rules even after lapse...

BBMP at liberty to pass orders whether the petitioner was permitted or not to...

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BBMP come to conclude after an enquiry that the petitioner who is still on probation, had in fact remained unauthorisedly absent, BBMP will be at liberty to pass appropriate orders in accordanc...

Doctrine of Legitimate Expectation-Not a right but can be used if its denial ...

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The doctrine of legitimate expectation cannot be claimed as a right in itself, but can be used only when the denial of a legitimate expectation leads to the violation of Article 14 of the Const...

Motor Accident Claims Tribunal shall consider the victims injuries and loss o...

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In cases where there are motor accidents involved and person suffers injuries due to the fault of the other person, the victim should be awarded adequate compensation considering his injuries a...

Unfaithful translation of documents violate rights of an accused : Bombay Hig...

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While translating the detention order of a detenu, only typographical errors may be accepted, any kind of factual or substantial error will be in violation of the rights of the accused under ar...

The Fundamental Rights enshrined in the Constitution guarantees every person ...

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The Constitution of India under Part III, where the fundamental rights are enshrined guarantees every person the right to marry the person of his/her choice. This right guarantees the person to...

The court can't interfere with the conclusion of the Inquiry report if it has...

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Does the court have power and discretion to interfere in the inquiry procedures, where they can decide the eligibility of an inquiry officer or his appointment?, is the underlying question of t...

No reservation for in-service Doctors this year

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There will be reduction of 50% of seats in Super Specialty courses in Tamil Nadu if the Government Order is carried out, which is detrimental to their chances of admission. Admittedly no reserv...

Negligent Mistakes by the exam taker will not make the controller of the exam...

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The wrong mention of Question Booklet number in the OMR sheet resulted in wrong evaluation by the computer for which the respondents cannot be held liable. This judgment was pronounced by the d...

Change Of Educational Stream Stands Rejected

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In present India, academic, education, career, and profession had always a dominant factor in the minds of young scholars and academicians. Students often stay bewildered regarding their educat...

The Cause Of Action For Passing Off Are Premised On Classical Trinity Form Or...

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When a Court adjudicates upon an infringement or a passing off action, it is required to take into account, not only the rights of the plaintiff and the defendant, but also the interests of the...

Bona-fide arrangements made to resolve family disputes are enforceable

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The undisputed position of law states that, all the arrangements brought to resolve the family disputes, by its members are governed by a special equity, specific only to such family members. B...

Disputed question of facts arising out of contract cannot be resolved through...

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It is settled law that the rights arising out a contract cannot be resolved through the discretionary jurisdiction of this Court under Article 226 of the Constitution of India; especially when ...

Permissible for the parties to be represented by their partners or siblings i...

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The Hon'ble Supreme Court has also made it flexible in the context of representation of the parties by their close relatives, partners or siblings or any other person in whom they have complete...

Answer key is subject to judicial review only when it is demonstrably wrong

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There is always a presumption of correctness regarding the answer key of an exam held and it may be subject to judicial review only when it is demonstrably wrong. Therefore, it must be such as ...

Cancellation of bail on re-appreciation of facts would amount to review of ea...

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Cancellation of bail for breach of condition imposed, at the time of granting bail, does not amount to review or modification of earlier order granting the bail. The single judge bench consisti...

Tribunals should not function as another department under the control of the ...

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Dispensation of justice by the Tribunals can be effective only when they function independently of any executive control: this renders them credible and generates public confidence. Also, these...

Supreme Court orders RBI and Ministry of Finance to implement loan moratorium...

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With COVID 19 being declared as a pandemic by the World Health Organisation, Ministry of Finance and the RBI collectively took decisions to ease the issues faced by borrowers which were not imp...

Opportunity of hearing is a valuable right

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A plea of lack of opportunity to defend its case is a legal plea. The Supreme Court bench consisting of J. Sanjay Kishan Kaul and J. Hrishikesh Roy decided upon the matters of jurisdiction, nat...

Supreme Court rules out maintainability of an appeal against a foreign arbitr...

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The criterion for invoking section 34, 47 and 48 of the Arbitration and Conciliation Act, 1996 were discussed as a dispute arose between an Indian and Italian Company that was referred to the I...

Seniority is determined on the basis of date of appointment: Supreme Court

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Those selected and appointed through a prior selection would rank higher to those selected and appointed through a later selection process. The Supreme Court bench consisting of J. Indira Baner...

Quashing Of A Complaint Should Be An Exception Than An Ordinary Rule

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The law is well settled that Courts would not thwart any investigation. It is only in cases where no cognizable offence or offence of any kind is disclosed in the first information rep...

The transfer of trial from one state to another reflects on the State judicia...

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Except for compelling factors and clear situation of deprivation of fair justice, the transfer power should not be invoked.This remarkable judgement was passed by the bench of the Supreme Court...

Section 113-A of the Evidence Act would not automatically apply: Bombay High ...

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Mere fact that if a married woman commits suicide within a period of seven years of her marriage, the presumption under Section 113-A of the Evidence Act would not automatically apply. The legisl...

The High Court does not have appellate authority under Article 226 in case of...

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The High Court is not a court of appeal wherein a departmental enquiry is being carried against a public servant. The Supreme Court bench consisting of J. Dr. Dhananjaya Y. Chandrachud, J. Indu...

Delay in a procedure cannot call for dismissal of trial

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Mere delay in a criminal procedure cannot call for a dismissal of the prosecution, but should be given enough consideration too while delivering the final verdict. The High Court bench consisti...

State is no ordinary party trying to win a case against one of its own citize...

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The number of litigations in our country is increasing and the Central and the State Governments and their instrumentalities like banks, come to courts may be due to ego clash or to save the of...

Right to live with a person of his/her choice irrespective of religion profes...

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An individual on attaining majority has statutorily conferred a right to choose a partner, which if denied would not only affect his/her human right but also his/her right to life and personal ...

Election Petition can only be filed by an elector or a candidate: Supreme Court

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Only an elector or a candidate has the locus standi to file an Election Petition as their interest is at stake. The Supreme Court bench consisting of CJI. S.A. Bobe, J. A.S. Bopanna and J. V. R...

Two Indian Parties Can Agree To Submit To Foreign Jurisdiction For Arbitration

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The Court dealing with the proposition i.e. whether two Indians can agree to arbitrate out of Indian law, the Court relied on GMR Energy Limited vs. Doosan Power System India Ltd. & Ors., a...

Right To Property Is Not A Fundamental Right

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It has been observed over time and given the decisions of this court that the right to property has been severely undermined due to its character being that of a legal right and not a fundamental...

Refusing to severe the matrimonial ties would cause further mental cruelty to...

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he mental pain, agony, and suffering caused by the false accusations, other spouse cannot be asked to put up with the conduct of the spouse and to continue to live, was held in case of &nb...

Reasonable opportunity to defend is the first principle of civilized jurispru...

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Reasonable opportunity should be given to an individual to defend herself/himself in order to uphold the principles of natural justice. The Supreme Court bench consisting of J. Abdul Nazeer and...

The Duty and Power to regulate allocation of symbols would vest with the Elec...

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Election symbols are considered essential in a country like India where the literacy level of voters is not satisfactory. It is also a statutory requirement under the Conduct of Elections Rules...

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Popular Articles by Prime Legal

India: An Emerging Superpower

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The present article tries to draw a real picture of India's dream of becoming a superpower, Ind...

Arrest And Detention Under Civil Procedu...

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Arrest and detention of JDr (Judgement Debtors) in prison for a duration not exceeding the per...

Seniority is determined on the basis of ...

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Those selected and appointed through a prior selection would rank higher to those selected and ...

Theories of Private International Law

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This comprehensive exploration delves into the intricate world of Private International Law, na...

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