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Rawlaw
Articles by Rawlaw
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Bombay High Court Upholds Daughters’ Right to Insurance Policy Maturity Amount, Rules Beneficial Nominee Has Statutory Ownership Under Section 39(7) of Insurance Act, Overriding Succession Law Where Policies Are Self-Acquired, Denies Widow’s Interim Claim Due To Absence of Title and Disputed Will
Rawlaw5 min read
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Supreme Court Expunges Strictures Against Rajasthan Judicial Officer, Holds High Courts Cannot Condemn Judicial Officers Unheard, Reiterates “Criticism Should Target Orders, Not Judges”, Allows Appeal Where Bail Order was Criticized Without Notice and Relied on Overruled Precedent
Rawlaw5 min read
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Supreme Court Denies Appointment of Arbitrator, Holds Clause with “May be Sought Through Arbitration” Not a Binding Arbitration Agreement, Emphasises Prima Facie Scrutiny of Arbitration Clauses to Weed Out Non-Existent Agreements, Clarifies Parties Cannot Unilaterally Invoke Arbitration Without Clear Contractual Consensus
Rawlaw5 min read
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Supreme Court Quashes Criminal Proceedings for Cheating Allegations Between Seller and Builder’s Agent, Holding Civil Land Disputes Cannot Be Criminalised, Orders ₹10 Lakh Cost on Complainant for Misusing Criminal Law, Protects Aged Widow and Daughter from Harassment in Property Deal Gone Sour
Rawlaw4 min read
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Kerala High Court Partially Allows Appeal by Reducing Sentence While Upholding Conviction of Public Servant Under Corruption Law After Accepting Bribe, Citing Sufficient Proof of Demand and Acceptance Despite Absence of Direct Evidence, Distinguishes Criminal Misconduct From Civil Dispute, Declines Acquittal Request
Rawlaw4 min read
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Bombay High Court Dismisses Appeal by Subsequent Purchaser Against Declaration of Sale Deed as Non-Binding, Upholds Protection of Coparcenary Rights in Joint Hindu Family Property Sold by Karta Without Legal Necessity, Citing Validity of Ancestral Ownership Rights Over Alleged Bona Fide Purchases
Rawlaw4 min read
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Supreme Court Upholds High Court’s Order Dismissing Appeal as Fully Abated Due to Non-Substitution of Co-Appellant’s Legal Representatives, Holds Right to Appeal Extinguished in Joint Decrees Where Non-Substitution Leads to Contradictory Outcomes, Denies Plea Under Order XLI Rule 4 Due to Indivisible Nature of Decree
Rawlaw4 min read
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Bombay High Court Sets Aside Sessions Court Order Adding Firm Partners as Accused in Income Tax Prosecution, Holds Failure to Obtain Statutory Sanction Under Income Tax Act Bars Invocation of Section 319 CrPC, Protects Rights of Non-Accused Partners from Arbitrary Criminal Prosecution
Rawlaw4 min read
News
Kerala High Court Dismisses State’s Appeal Seeking Stamp Duty on Bank Auction Sale Certificates, Upholds No Stamp Duty or Mandatory Registration on Sale Certificates Issued Pursuant to Auction, Clarifies Only Optional Registration Permissible Without Imposition of Fiscal Burdens on Auction Purchasers
Rawlaw4 min read