Author: MISHRA

LexCliq

Whether acknowledgement of liability in the balance sheet by a Company extends the period of limitation U/S 18 of limitation Act?

In Zest Systems Pvt. Ltd. v. Center for Vocational and Entrepreneurship Studies, 2018 SCC OnLine Del 12116, the Delhi High Court held: “5. In Shahi Exports Pvt. Ltd. v. CMD Buildtech Pvt. Ltd. (supra) this court held as follows:— “7. It is hardly necessary to cite authorities in support of the well-established position that an […]

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Whether court should consider the merits of the case at the time framing of charge or while hearing discharge application?

Having considered the reasoning given by the High Court and the grounds which are weighed with the High Court while discharging the accused, we are of the opinion that the High Court has exceeded in its jurisdiction in exercise of the revisional jurisdiction and has acted beyond the scope of Section 227/239 Cr.P.C. While discharging […]

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Whether Child Born In Live-in Relationship is To Be treated As Child Born To Married Couple for the adoption of a child under Juvenile Justice Act?

Now, we turn to the facts of the case. The child was born in a Government Hospital, Aluva. Father’s name is disclosed to the hospital authority and also to the local authority. Name of the child was also given in the birth certificate. Birth certificate shows the name of the father, mother and child. Surname […]

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Kerala high court directs all Family courts to mask adoptive parents’ names while issuing the certified copies.

In order to protect the privacy of parties involved, the parties name shall be masked while uploading the judgment. Publishing the names of parties is prohibited without their consent. We noticed in certified copy issued by the Family Court name of adoptive parents is disclosed. Confidentiality of adoptive parents have to be maintained in public […]

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Supreme Court directs High Courts To Adopt Draft Rules Of Criminal Practice Within 6 Months

The court is of the opinion that the Draft Rules of Criminal Practice, 2021, (which are annexed to the present order, and shall be read as part of it) should be hereby finalized in terms of the above discussion. The following directions are hereby issued: (a) All High Courts shall take expeditious steps to incorporate […]

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