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04 Jan 2025

Posted by: Manas shrivastava

What happens when defendant refuses to accept service of summon| Substituted Service of Summon| Rule 20 of Order 5 of CPC

A summons is a legal document issued by a court under its seal and the signature of the presiding judge, directing a person to appear in connection with a legal proceeding. Sections 27-29 and Order V of the Civil Procedure Code, 1908, outline the procedure for serving summons on defendants and respondents in civil cases, while Order XVI governs the service of summons to witnesses in legal proceedings. Procedure when defendant refuses to accept service, or cannot be found- Rule....

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03 Jan 2025

Posted by: Manas shrivastava

Caveat under section 148A of the Code of Civil Procedure 1908

Introduction The term “caveat,” derived from Latin, means “let a person beware.” In legal terms, it refers to a formal notice filed to ensure that no action is taken without first informing the person who submitted the notice. In civil law, the rules regarding caveats are covered under Section 148A of the Civil Procedure Code 1908. Essentials of Section 148A of Civil Procedure Code 1908 Right to Lodge a Caveat Any person who expects or knows of an application being....

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02 Jan 2025

Posted by: Manas shrivastava

What is Sufficient Cause under Section 5 of Limitation Act, 1963

Introduction Section 5 of the Limitation Act, 1963, offers a provision for extending the prescribed period of limitation in specific circumstances, enabling the court to condone delays. This section is applicable exclusively to cases involving appeals and applications. It explicitly excludes- Applications filed under any provisions of Order XXI of the Code of Civil Procedure, 1908, and  Suits. The pivotal criterion for invoking this provision is that the appellant or applicant must demonstrate “sufficient cause” for not filing the appeal....

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30 Dec 2024

Posted by: Manas shrivastava

Supreme Court Considers Controversial Dismissal of Kerala Teacher Protesting School Mismanagement

The Supreme Court of India has agreed to entertain an appeal filed by K. Shahul Hameed, a teacher from Kerala who was dismissed from service for protesting against his school management. A bench comprising Justices Abhay S. Oka and Augustine George Masih criticized Hameed’s actions, emphasizing the importance of discipline, particularly for someone in his position as an educator. The Court remarked that a teacher responsible for enforcing discipline among students must demonstrate discipline themselves, highlighting his misconduct of protesting....

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18 Dec 2024

Posted by: Manas shrivastava

Is Chanting Jai Shri Ram Offense or Expression of freedom of speech? Supreme Court Probes

The Supreme Court's recent deliberation raises significant questions about the boundaries of free speech and religious expression in the context of Indian law. On Monday, a bench comprising Justices Pankaj Mithal and Sandeep Mehta engaged in an inquiry into whether the chanting of a religious phrase, specifically “Jai Shri Ram,” constitutes a criminal offense. This issue arose during the hearing of a petition challenging the Karnataka High Court's decision to quash criminal proceedings against two individuals accused of shouting the....

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13 Dec 2024

Posted by: Manas shrivastava

Is Justice Slipping Away? Exploring the Misuse of Cruelty Laws through Atul Subhash’s Tragic Story

Section 498A has traditionally been regarded as a crucial provision for the protection of women. However, in recent times, the section has undergone a shift, and instead of safeguarding women, it has been misused to harass men. This change has become increasingly apparent, especially in light of recent events, such as the tragic suicide of Bengaluru techie Atul Subhash, which has sparked nationwide discussions on the matter. Amid this ongoing debate, the Supreme Court has voiced its concern, emphasizing that....

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12 Dec 2024

Posted by: Manas shrivastava

81 Crore on Free Rations: Supreme Court Demands Shift to Job Creation for Migrant Workers

There is a well-known saying that if you keep giving things away for free, people will eventually stop working altogether. This highlights the idea that when the government focuses on providing free resources to individuals instead of creating employment opportunities, the long-term consequence may be a population that becomes reliant on government aid rather than pursuing work or self-sufficiency. When the solicitor general told the Supreme Court in a recent case that about 81 crore people were receiving free or subsidized....

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09 Dec 2024

Posted by: Manas shrivastava

Supreme Court Slams Delay: Orders Police to Verify Credentials of Government Job Candidates Within Six Months

The Supreme Court recently emphasized that police officers must verify the character, background, nationality, and authenticity of documents submitted by candidates selected for government jobs within six months of their appointment. The Court highlighted that this verification should occur at the initial stage to prevent future complications. This ruling came as the Court set aside the termination of an ophthalmic assistant just two months before their retirement. Background of the case The petitioner, who joined public service on March 6,....

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07 Dec 2024

Posted by: Manas shrivastava

MERELY CALLING THE WIFE FOR CONCILIATION DOES NOT AMOUNT TO MENTAL HARASSMENT

In a recent case of Sudha Bai & Others AND State of Karnataka & ANR (CRIMINAL PETITION NO. 7090 OF 2023), the Karnataka High Court interpreted section 498 A of the Indian Penal Code (IPC) and held that merely calling the wife for conciliation does not amount to mental harassment under section 498A of IPC. The case arose from a family dispute between the complainant and her husband. As per the facts of the case, the couple married in the....

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05 Dec 2024

Posted by: Manas shrivastava

Understanding Writ Petition in India: Who can file it

A writ petition is an application or petition filed by a petitioner in which he prays for a writ to be issued in order to address his problems. The term "writ" refers to a legal document that directs someone to do something, and a writ petition contains sworn claims or assertions in the form of an affidavit. Writ Jurisdiction of Supreme Court and High Court The Indian Constitution provides five types of writs: Habeas Corpus, Mandamus, Quo Warranto, Certiorari, and....

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