SEBI issues Master Circular for Mutual Funds rescinding 16 circulars
This Master Circular for Mutual Funds includes all previous guidelines/directions that were included in the Master Circular dated 19-05-2023.
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Kerala HC directs Police Chief to ensure arrests or detention based on wrong identity do not violate right to life and liberty
“Urgent necessity of ensuring that the identity of the person is established clearly before any arrest/detention is made by the Police officials, either in the execution of a warrant issued by the court or otherwise”
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Calcutta High Court refuses to consider order of the U.S. Bankruptcy Court for binding Trial Judge to stay anti-arbitration suit
The Calcutta High Court said that the principle of comity of nations and comity of courts had been recognized by the Indian Courts by giving adequate weightage to orders or decrees of a foreign court while deciding any proceeding in a domestic court.
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‘Non-filing of certificate at relevant stage is a curable defect’; Delhi HC sets aside order dismissing to take on record certificate u/s 65-B of IEA
The Court stated that certificate under Section 65-B of the IEA was a matter of procedure and by not allowing the same to be taken on record amounts to taking a hyper technical view which was against the settled preposition of law.
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Does Facebook’s face signature capturing violate Biometric Information Privacy Act? US Court of Appeals answers
The Court stated that BIPA applies to those biometric identifiers and information that can identify a person thereby affirming that face signature is not a biometric identifier, hence there was no violation of BIPA.
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Can the Court pass orders for trademark infringement in an execution petition? Delhi HC answers
“It is immaterial if the term or directions in a decree is contrary to law. The Executing Court cannot go behind the same, and has to give effect to the decree.”
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Mechanical addition of charges u/s 302 IPC in dowry cases dilutes the severity of murder as an offense: Allahabad HC takes note of practice by Trial Courts
“Addition of Section 302 IPC in addition to pre-existing sections about dowry death and dowry related inhuman treatment is being carried out by Trial Judges as a matter of routine and in a most mechanical fashion, making the entire episode more grim and serious, without having any supporting documents or allegations”
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‘Records summoned will reveal basis of dispute between parties’: Delhi HC dismisses Hershey India’s plea for recalling summons of witnesses
The Court noted that the respondent merely seeks to summon the record, which was not in his possession but was in the possession of the petitioner, which right cannot be denied to him.
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DCDRC holds United Breweries liable for Glass Piece found in a Beer Bottle; orders compensation for being negligent
The complainant had bought a beer bottle for his personal consumption, unfortunately there was glass piece in the beer bottle which hindered him from drinking the beer.
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West Bengal Bar Council Black Day Resolution not a mandate for Advocates to abstain from work: Calcutta High Court
The Calcutta High Court said that no coercive measures or disciplinary action would be taken against advocates who appear before courts for the interest of their clients.
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‘Board of Councilors have discretion to reduce interest amount’; Calcutta High Court upholds waiver of 50% interest on property tax
The Calcutta High Court did not permit raising the issue of non-service of bills belatedly at the appellate stage to avoid liability of taxpayer.
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Under what circumstances can a witness be recalled for reexamination under Section 311 of CrPC? Kerala HC answers
“The very use of words such as “any court”, “at any stage”, or “or any enquiry, trial or other proceedings”, “any person” and “any such person” clearly spells out that the provisions of this section have been expressed in the widest possible terms, and do not limit the discretion of the court in any way. There is thus no escape if the fresh evidence to be obtained is essential to the just decision of the case.”
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[Clean Slate Basis] Delhi HC sets aside assessment order pertaining to previous liability against corporate debtor issued after NCLT Chennai concluded the CIRP
The Court stated that once the resolution plan was approved by the COC, it should be binding on all the stakeholders. Thus, the successful resolution applicant starts running the business of the corporate debtor on a fresh slate.
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Paramour of an accused cannot be dragged into proceedings under Section 498A of IPC; Karnataka HC reiterates
The Court pointed out that a paramour of an accused cannot be dragged into proceedings under Section 498A of IPC as the said accused would not become a relative or a member of the family as is necessary under Section 498A of IPC.
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Read why Allahabad HC refused to set aside order acqutting a man accused of rape on false promise of marriage
“There is clear distinction between rape and a consensual sex. The Court in such cases carefully examined whether accused actually wanted to marry victim or had a malafide motive and had made a false promise to this effect to satisfy his lust, as latter false ambit of cheating or deception. There is a distinction between breach of promise or not fulfilling the promise.”
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Ministry of MSME organises ‘Udyami Bharat’ event on International MSME Day
Ministry of Micro, Small and Medium Enterprises, in partnership with Ministry of Law and Justice and the National Law School, Delhi has organised ‘Udyami Bharat’ event on the ‘International MSME Day’.
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‘S 149(1) neither effaces nor removes the first proviso to S153C (1)’; Delhi High Court quashes notice u/S 148 of IT Act
In cases where a search is conducted after 31-03-2021, the first proviso to Section 153C (1) would have to be construed and tested as regards the date when the Assessing Officer decides to initiate action against the non-searched entity.
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‘Sexual orientation an innate part of identity of LGBTQ+ persons’: Kerala HC upholds Right of choice and Right to live life of a queer woman
“Many LGBTIQA+ youth face familial rejection, often from an early age. This rejection can take a devastating toll on individuals and isolate them from physical, emotional and economic resources that are essential to their well-being. In such cases, it is important to recognise the family as a site of violence and control for many queer women, who they need protection from rather than any “guardianship”.
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Delhi HC directs Union to justify Non-Allotment of Housing Unit to AAP from General Pool Residential Accommodation
The Delhi High Court said that a huge pressure cannot be the only reason to deny Aam Aadmi Party its right to be allotted an accommodation for setting up its party office.
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Patna HC rejects plea for anticipatory bail to police officials in the case of custodial death and alleged abuse of woman arrested without warrant
The Court opined that given the serious nature of allegations, petitioner(s) did not deserve the privilege of pre-arrest bail.
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