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Legal Blogs

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Kerala Business Tycoon Boby Chemmanur Remanded: Allegations of Inappropriate Advances Stir Controversy

Boby Chemmanur, a prominent businessman from Kerala, has been placed in judicial custody after being accused of making inappropriate sexual remarks to a woman actor in August 2024. The court denied his bail due to concerns about witness tampering. This case has garnered significant public attention as the investigation progresses.

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RISE OF ALTERNATIVE DISPUTE RESOLUTION: EFFICIENCY VS. JUSTICE

The legal landscape in India is transforming with the rise of Alternative Dispute Resolution (ADR) mechanisms like arbitration and mediation. This article explores how ADR addresses the judicial backlog, enhances efficiency, and incorporates technology, institutional practices, and legal reforms. It highlights key legislative updates such as the Arbitration and Conciliation Amendment Bill 2024 and the Mediation Act 2023, shaping the future of dispute resolution.

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ANALYSING DOWRY DEATH IN THE NEW BSA PROVISION

This article explores Section 118 of the Bharatiya Sakshya Adhiniyam (BSA) concerning dowry deaths, examining its implications, judicial interpretations, and challenges. It highlights the societal failure to curb dowry violence, critiques the reverse burden of proof, and proposes reforms to enhance the legal system's effectiveness in addressing dowry-related crimes.

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How Memorandum of Understanding (MOU) differs from a contract?

This blog speaks about the legality and enforceability of Memorandum of Understanding, and how it is different from an contract.

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The right to suit and right to appeal - A comparative and critical analysis.

This blog expresses key aspects of right to suit and right to appeal, and how they are different from each other.

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Exemptions from arrest and personal appearance with reference to public officers.

This blog elaborates about the provisions under CPC which exempts the public officers from arrest and personal appearance, which is also the way out of the another purview of the code.

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DISPUTE OVER RELIGIOUS ORGANIZATION'S RECOGNITION AND RIGHTS

This case involved a protracted dispute between Shri Jain Shwetambar Shree Sangh and Shri Jain Shwetambar Khartargachh Sangh over ownership and management of the Dadabari complex and other religious properties. Initially dismissed by the Rajasthan High Court, the matter reached the Supreme Court, which appointed a mediator for resolution. The mediation resulted in a comprehensive settlement, awarding the Dadabari complex to the Khartargachh Sangh and the Ajmer temples to the Shree Sangh, with ₹8,11,00,000 as financial compensation. The parties committed to renouncing further litigation and ensuring mutual compliance with the agreement.

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BALANCING RIGHTS AND PUBLIC INTEREST: SC Ruling on bail conditions under NDPS

In this case, the Supreme Court reviewed stringent bail conditions imposed on Frank Vitus, a foreign national prosecuted under the NDPS Act, 1985. These conditions included obtaining assurances from embassies and real-time location tracking via Google Maps, which the Court found unreasonable and violative of his fundamental rights under Article 21. Striking down these conditions, the Court emphasized the importance of fair, reasonable, and least restrictive bail conditions, balancing societal interests with the rights of the accused. This judgment significantly impacts bail jurisprudence, reinforcing the need to uphold constitutional principles and ensure justice.

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Tragedy and Justice: Karnataka HC Probes Abetment Claims in Atul Subhash Suicide Case.

The Atul Subhash suicide case highlights the complexities of legal battles, matrimonial disputes, and mental health struggles. The Karnataka High Court's refusal to quash the investigation underscores the need for a thorough examination of allegations, emphasizing accountability and justice in sensitive cases.

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VALIDITY OF INCOME TAX REASSESSMENT ON SURRENDERED INCOME

The Court upheld the ITAT's decision, ruling that reassessment proceedings under Section 150 could not be initiated as the necessary conditions were not met. There was no specific finding or direction from higher authorities to assess the ₹7 crores as undisclosed income, and thus, the appeal was dismissed in favor of the assessee.

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TRAGEDY TO TRIUMPH : A VICTORY TO VICTIM OF FAMILY TRAGEDY

The Supreme Court upheld the enhanced compensation granted by the High Court to a 14-year-old claimant who lost her family in a motor accident. It emphasized just compensation over technicalities, balancing legal principles with the tragedy, and reinforced fair interpretation of the Motor Vehicles Act to protect the claimant's rights.

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Data Protection Laws in India: A critical analysis of the digital Personal Data Protection Act 2023

The Digital Personal Data Protection Act, 2023 marks a pivotal step in safeguarding data privacy in India. Enacted to address inadequacies in previous data protection laws, it introduces principles of consent, rights for data principals, obligations for data fiduciaries, and penalties for non-compliance. Key features include the establishment of a Data Protection Board, provisions for cross-border data transfer, and stringent penalties for breaches. While the act signifies progress, challenges such as executive overreach, limited scope to digital data, and implementation hurdles remain. Its success will rely on transparency, stakeholder trust, and evolving regulations to address gaps and challenges effectively.

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