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Facts to be Included in a Section 80 Notice Under CPC

Posted by By K Rajasekharan 30 October 2025Posted inCivil Cases & Proceedures
A notice under Section 80 of the Code of Civil Procedure (CPC) must contain specific and clear information to inform the government or a public officer about an intended lawsuit.
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Prolonged Cohabitation Can Be Presumed as Marriage : Supreme Court

Posted by By K Rajasekharan 30 October 2025Posted inFamily, Marriage & Divorce
The Supreme Court, in Chowdamma (D) by LR and Another Versus Venkatappa (D) by LRs and Another (2025 INSC 1038), states that when a man and woman live together as husband and wife for a prolonged period, the law presumes a valid marriage in such a case.
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Grounds for Review of a Judgment: Supreme Court Explains

Posted by By K Rajasekharan 30 October 2025Posted inCivil Cases & Proceedures
In Malleeswari v. K Suguna & Another [2025 INSC 1080], the Supreme Court summed up the limited grounds for Review of a judgment permissible under Section 114 of the Code of Civil Procedure (CPC)
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Judgment Cannot be Based on Grounds beyond the Pleadings

Posted by By K Rajasekharan 30 October 2025Posted inCivil Cases & Proceedures
The Supreme Court in Deep Nursing Home v. Manmeet Singh Mattewal (2025 INSC 1094) reiterated that the judgment in a case cannot go beyond the pleadings.
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Interim Release of Vehicle Seized under NDPS Case Possible under 451/457 CrPC

Posted by By K Rajasekharan 28 October 2025Posted inCriminal Laws & Procedures
The Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act”) does not prohibit interim release of vehicles, which are seized for allegedly transporting contraband, under Sections 451 and 457 of the Code of Criminal Procedure, 1973 (CrPC), observed the Supreme Court in Bishwajit Dey v. State of Assam [2025 INSC 32].
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Persons Seeking Sex from a Brothel Can be Punished

Posted by By K Rajasekharan 26 October 2025Posted inCriminal Laws & Procedures
Any person availing the services of a sex worker in a brothel is liable to be prosecuted for the offence under Section 5 (1) (d) of the Immoral Traffic (Prevention)…
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Items of Motor Vehicle Compensation Permissible in Simple Injury Cases

Posted by By K Rajasekharan 20 October 2025Posted inMotor Vehicles Act
In simple personal injury cases, the compensation will be awarded only for expenses relating to treatment etc, loss of earnings, and damages for pain and suffering.
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Court Can Declare Civil Death of a Person Missing for Seven Years

Posted by By K Rajasekharan 20 October 2025Posted inUncategorized
A civil court can declare a person legally dead if they have not been heard from for seven years, based on Section 108 of the Indian Evidence Act, 1872. This is typically done when a legal heir files a civil suit for a declaration of presumed death to settle matters like inheritance, remarriage, or insurance.
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Joint or Separate Trial for Same Transaction? SC Clarifies

Posted by By K Rajasekharan 17 October 2025Posted inCriminal Laws & Procedures
In Mamman Khan v. State of Haryana [2025 INSC 1113], the Supreme Court clarified the principles governing whether multiple accused involved in offences arising from the same transaction should face…
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School’s Right to Enforce Uniform Prevails Over Individual Religious Dress Choices

Posted by By K Rajasekharan 16 October 2025Posted inConstitutional law
In Fathima Thasneem v. State of Kerala [2018: KER:65441], the Kerala High Court held that the collective right of an educational institution to enforce a uniform dress code for discipline and equality overrides a student's individual right to wear religious attire, such as a hijab (headscarf) and full-sleeved shirts.
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