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Bar under Order XXI Rule 102 CPC for Third Party-SC
The Supreme Court recently clarified that the bar under Order XXI Rule 102 CPC, which prevents a pendente lite transferee from the judgment-debtor from resisting execution of a decree, does not apply where the objection is raised by a transferee from a third party, who was not a party to the suit. The Court observed…
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NDPS Interim Bail – Shimla HighCourt
The Himachal Pradesh High Court granted interim bail in a commercial quantity NDPS case, holding that the grounds of arrest were not supplied to the accused. Justice Rakesh Kainthla held that: “Prima facie, the plea taken by the accused that the grounds of arrest were not communicated to him appears to be correct and is…
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Maintenance Petition by Live-in-Partner 125 CrPC Maintainability -SC
The Supreme Court on Friday (Aug. 29) issued a notice in a plea filed by a man against the maintainability of the Section 125 Cr.P.C. maintenance application filed by his live-in-partner before the family court. The bench comprising Justices Pankaj Mithal and Prasanna B. Varale heard the plea filed by the male partner against the…
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POCSO Case Bail Himachal Pradesh HighCourt
The Himachal Pradesh High Court has granted bail to four accused in a case under the Protection of Children from Sexual Offences Act, 2012, holding that bail cannot be denied merely on the ground that the victims would be traumatised. Noting the submission of the State, Justice Rakesh Kainthla remarked that: “There is a force…
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MACT Compensation of Minor Permanent Disability -SC
The Supreme Court recently increased the compensation awarded to a minor, who sustained permanent disability in a road accident, from ₹8.65 lakh to ₹35.90 lakhs, holding that a minor cannot be classified as a non-earning individual for determining income. Instead, the Court ruled that the minor’s income should be treated as equivalent to the minimum…
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