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Lawyer's Society Articles

Lawyers’ Society Newsletter/ Legal Bites – Subscribe for Free now !

Don’t miss your chance to receive exciting and thought-provoking legal briefs, which you will find useful in any sphere of legal practice/ profession!

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Lawyers’ Society Newsletter/ Legal Bites – Subscribe for Free now ! Read Post »

Lawyer's Society Articles

Madras HC – Bench constituted to clarify Amendment to Employees Compensation Act, 1923 – A brief discussion

A brief answer to the question of whether the 2009 Amendment to the Employees Compensation Act, 1923, introduced a provision u/s 4(1B) to provide the Central Govt. with the power to fix cap on maximum amount awardable as compensation irrespective of whether the salary was higher at the time of the incident.

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Madras HC – Bench constituted to clarify Amendment to Employees Compensation Act, 1923 – A brief discussion Read Post »

Lawyer's Society Articles

First misinterpretation of BNSS? BNSS vs CRPC – FIR and Trial related issue you must know!

BNSS VS CRPC – FIR and Trial related issue you must know – Here is an expected misinterpretation of the BNSS, which will soon be explained by the other High Courts and the Hon’ble Supreme Court. This one is from the Rajasthan High Court in the case of Krishna Joshi v. State of Rajasthan (S.B. Criminal Misc(Pet.) No. 4285/2024, DT. 09.07.2024).

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First misinterpretation of BNSS? BNSS vs CRPC – FIR and Trial related issue you must know! Read Post »

Lawyer's Society Articles

BNSS VS CRPC – BNS VS IPC – IMPORTANT DETAILS TO KNOW AT THE TIME OF REGISTRATION OF FIR

If you are approaching to police to register an FIR today (on or after 01.07.2024), you must be knowing the following details at the time of registration of FIR.

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BNSS VS CRPC – BNS VS IPC – IMPORTANT DETAILS TO KNOW AT THE TIME OF REGISTRATION OF FIR Read Post »

Lawyer's Society Articles

POCSO QUASH BASED ON COMPROMISE – KEY POINTS TO UNDERSTAND

Can a POCSO case be compromised and quashed? YES. But what are some of the key points one must know while dealing with such quash matters?

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POCSO QUASH BASED ON COMPROMISE – KEY POINTS TO UNDERSTAND Read Post »

Lawyer's Society Articles

When does a chargesheet become a “Complaint” as per the Cr.P.C./ BNSS?

Here is a short article on when a chargesheet/ police report submitted by the police is deemed to be a “complaint” as per the Cr.P.C./BNSS.

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When does a chargesheet become a “Complaint” as per the Cr.P.C./ BNSS? Read Post »

Lawyer's Society Articles

FIR registered by clever drafting – Whether Quash is possible?

Once the Supreme Court settled that a High Court exercising it’s inherent jurisdiction cannot quash a First Information Report if the ingredients of an offence are made out from the contents of the First Information Report, many informants, usually guided by their counsels, try to register FIRs by cleverly drafting in settled-ingredients of the offences they want the accused to be charged with. Once this is done, the High Court may not be able to quash the FIR unless it goes beyond the drafting, and tries to consider the question of such cleverness exercised by the informant with regard to the surrounding circumstances in which the FIR came to be registered.

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FIR registered by clever drafting – Whether Quash is possible? Read Post »

Lawyer's Society Articles

Meaning of P.K. Shaji vs State of Kerala (AIR 2005 SC 100) explained – Bail, Cancellation of bail

Have you noticed that in every bail judgment from the Madras High Court or from any Sessions Court in Tamil Nadu, there is a specific paragraph added incase bail is granted. Such a paragraph specifies that incase the accused violates any conditions mentioned in the bail order, the Magistrate shall have the power to cancel bail. For this, the Courts refer to the landmark case from the Hon’ble Supreme Court – P.K. Shaji v. State of Kerala (AIR 2005 SC 100). Learn the meaning and history such judgment here!

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Meaning of P.K. Shaji vs State of Kerala (AIR 2005 SC 100) explained – Bail, Cancellation of bail Read Post »

Lawyer's Society Articles

Child custody cases – Hindu Law – Important provisions from Guardians and Wards Act, 1890, Hindu Marriage Act, 1955, Hindu Minority and Guardianship Act, 1956

Did you know that there are 3 different laws each of which have provisions governing custody of children when it comes to Hindus? Read this article to know more!

Child custody cases – Hindu Law – Important provisions from Guardians and Wards Act, 1890, Hindu Marriage Act, 1955, Hindu Minority and Guardianship Act, 1956 Read Post »

Lawyer's Society Articles

When can 156(3) Cr.P.C. be skipped by informant? Directly approaching High Court for registration of FIR

Can you skip the mandate of having to file 156(3) Cr.P.C. petitions for a direction to register FIR, by directly approaching the High Court? If yes, in what circumstances?

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When can 156(3) Cr.P.C. be skipped by informant? Directly approaching High Court for registration of FIR Read Post »

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