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(1) A Magistrate having jurisdiction while taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination ...
A question remains, whether or not refusal of sanction by the A.D.G.P. under the provisions of the MCOC Act by itself will invalidate the grant of extension of period up to 180 days and would ...
If we assume for the sake of argument that the effect of the order refusing sanction to prosecute the accused as amounting to not disclosing of any offence under the MCOC Act, the further consequence ...
"14. Therefore, from the decisions of the Supreme Court, for the purpose of Section 397 of the Cr.P.C., orders may be classified as interlocutory orders, intermediate orders and final orders.
Anticipatory breach of contract in India is primarily governed by Section 39 of the Indian Contract Act, 1872. This section states that when a party refuses to perform or disables themselves from ...
The requirement for separate charges stems from the bedrock principle that each distinct offence deserves individual scrutiny and adjudication. This ensures: ...
It is obvious that due to the ban imposed by the Government of India, the aforesaid application bearing the trade mark TikTok cannot be used in India. This would be irrelevant for determining the ...
The court established a fundamental distinction that will govern future interpretation of state amendments. Justice Mathur definitively held that state legislative enactments under Article 246 of the ...
Upon applicability of aforesaid judgments, it is thus evident as has been observed herein above that there is no specific intention indicated in the subsequent enactment of BNSS 2023 to continue with ...
The Maharashtra amendment to Section 438 CrPC is no longer applicable. Recent judicial decisions have clarified that with the repeal of the CrPC and enactment of BNSS 2023, Section 482 BNSS now ...
Courts must apply a systematic analytical framework to determine whether decree components are independent and separable or joint and inseverable. This determination has significant implications for ...
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