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Possession of Agent – Is Possession of Principal
In Smt. Chandrakantaben v. Vadilal Bapalal Modi, (1989) 2 SCC 630, the Hon’ble Supreme Court has held that the possession of the agent is the possession of the principal and in view of…
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Factories Act – Time Required for Obtaining Sanction/Consent shall be Excluded
A careful perusal of Section 106 of the Factories Act clearly suggests that no court can take cognizance of any offence punishable under the Act, unless complaint is made within three months from…
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Disciplinary Proceedings – Confessional Statement
The scope of interference in disciplinary proceedings by the Courts is to a limited extent especially when the domestic enquiry has been conducted and due opportunity has been given to the delinquent official.…
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Conditional Gift – Where Possession Remains with the Donor during his lifetime
Gift means to transfer certain existing movable or immovable property voluntarily and without consideration by one person called the donor to another called the donee and accepted by or on behalf of the…
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Negotiable Instruments Act – Ingredients of the Offence Under Section 138
The ingredients of the offence under Section 138 of the Negotiable Instruments are as under: (i) The drawing of a cheque by person on an account maintained by him with the banker for…
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Appointment of Arbitrator – Expiry of 30 days period
The mandate of the Arbitration and Conciliation Act, 1996 as contained under Section 11(4) is extremely clear as the time for appointment of Arbitrator is only restricted to 30 days. Admittedly where the…
- Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, proceedings under
Proceedings under the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 – Is of Summary Nature
The proceedings under the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 is of summary nature wherein the jural relationship of landlord and tenant is to be taken note…
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Secondary Evidence – No Requirement of Application
There is no requirement that an application is required to be filed in terms of Section 65(c) of the Evidence Act before the secondary evidence is led. A party to the lis may…
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Gift Deed – Required to be Compulsorily Attested
A gift deed is required to be compulsorily attested in terms of Section 123 of the Transfer of Property Act, 1882. Similar is the provision in respect of execution of a Will which…
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Triple Talaq – Grant of Anticipatory Bail
The statutory text indicates that Section 7(c) of the Muslim Women (Protection of Rights on Marriage) Act, 2019 does not impose an absolute bar on grant of bail. On the contrary, the Magistrate…