Author: The Law Blog
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Whether Section 80 CPC Notice Required when Court Suo Motu adds/impleads Government as Party to the Suit?
Introduction As is well known, Section 80 Civil Procedure Code[i], lays down that no suit shall be instituted against the Government or against a public officer in respect of any act purporting to be done by such public officer in his official capacity, without the expiration of two months next after notice in writing. The…
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Appointment of Commission for Scientific Investigation in Civil Cases- When, How and its Probative Value (Part-II)
This is the second part of the bi-partite article series. In the previous part, I discussed about the appointment of Advocate commissioner under Order 26 R 10A, the functions usually carried out by the commission, disputes as to handwriting and verification process of such documents. The last heading dealt with in previous part was appointment…
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Navigating the murky waters – SC redefining the scope of mens rea in insider trading cases
With regard to India’s Insider Trading regime, it is governed by the SEBI (Prohibition of Insider Trading) Regulations, 2015 [superseded SEBI (Prohibition of Insider Trading) Regulations, 1992]. Owing to the difficulties faced by the regulator (SEBI) in identifying the instance of insider trading and the same being totally based on circumstantial evidence, the investigation of…
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Appointment of Commission for Scientific Investigation in Civil Cases- When, How and its Probative Value (Part-I)
This is the first part of a bi-partite article series. Introduction Appointment of commission is a daily thing in the civil courts, the most usual being appointment for local inspection, to get a report of the disputed spot. Out of the purposes for which commissioner can be appointed the most technical and tricky in terms…
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Accused in Police Custody- What is the correct approach- Bail being non-maintainable or it deserves rejection
For an in-depth understanding of the concept of Police Remand, please refer to the earlier article by the author here. Introduction Article 22 (2) of the Constitution of India[i] and Section 57 of CrPC[ii] give a mandate that every person who is arrested and detained in police custody shall be produced before the nearest magistrate within…
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When Defendant can lead Evidence before Plaintiff in a Civil Suit
It is well known in civil cases that plaintiff is the master of the suit and he has to win the case on his own legs. It follows that since plaintiff comes up with a claim before the court, he owes the burden to prove the material particulars in his favour to get a decree…
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