Bringing you the Best Analytical Legal News
The Bar Council of India (‘BCI’) sent a Show Cause Notice to the law firm DSK legal for professional misconduct and violation of Rule 36 of the Bar Council of India Rules for posting a video advertisement on social media and directed immediate removal of the video from all digital platforms.
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“Subjecting a married woman to cruelty for want of dowry was the reason for which our legislature has inserted Section 498-A in the Penal Code. In the case at hand, there is no allegation of demand of dowry.”
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As far as the conciliation efforts were concerned, the Court noted that all efforts of mediation/ conciliation to reunite the parties had failed.
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The NCLT acknowledged the impact of force majeure events, particularly the unprecedented rise in coal prices and operational disruptions caused by the COVID-19 pandemic on Corporate Debtor.
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The bank in question was a co-operative bank located at a remote Taluka in Maharashtra. The customers were small shop keepers and local villagers who had very meagre income. The accused took advantage of such situation and siphoned their money.
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“The candidates have been emboldened in taking recourse to forged documents for securing public appointment by a belief that under any eventuality, no harsh action shall be taken against them in case they feel sorry, or they withdraw their petition.”
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“Recording of reasons in orders is equally important as giving an opportunity of hearing. The reasons in order means link between material which the forum considered while reaching the conclusion and reveals a rational nexus between the two.”
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“Merely by asserting that the accused has made a wrong gain without demonstrating the corresponding wrongful loss or deception suffered by a specific victim does not suffice to attract the offence of cheating under the IPC.”
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The Bar Council of India (‘BCI’) on 17-03-2025 issued a press release taking strict view of the unethical legal advertising, misleading social media promotions, and professional misconduct by advocates and legal influencers.
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The Court expressed concern that the accused persons took the law into their own hands without realising that their acts might affect and tarnish the image and reputation of the victims before society at large, out of whom some were girls, and one was a minor.
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“Every action that might be disliked by a class of people may not necessarily lead to the outraging of religious sentiments because an act without the intention to outrage religious feelings would not be covered under Section 295A.”
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In 2023, the Supreme Court issued directions for all High Courts to facilitate the supply of information through online web portals and for all incidental purposes connected with the implementation of the Right to Information Act, 2005.
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The Court stated that the Trial Court would examine whether the deceased took a drastic step of ending his life due to the regular and constant instigation of the accused or due to the weakness of his mental health.
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“The act of breach of trust involves a civil wrong, in which an aggrieved person may seek redressal for damages in Civil Court, but a breach of trust with mens rea gives rise to criminal prosecution.”
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“The only aim or intention of the petitioner was to get a compassionate appointment for her son in one way or the other, i.e., without disclosing the true and correct facts regarding the financial condition of her family.”
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Dr Rana was previously the Additional Secretary in the Department of Legal Affairs.
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A quick legal roundup to cover important stories from all High Courts this week.
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The petitioners’ case was that since the allegations of recruitment scam turned out to be misfounded and petitioners were acquitted of the same, hence, they deserved to be appointed.
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“If pension was extended on the basis of length of service, the order of dismissal or removal from service would become meaningless.”
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Amit Malviya had filed a criminal defamation complaint before the Patiala House Court against Santanu Sinha, a Rashtriya Swayamsevak Sangh (‘RSS’) member, regarding Facebook posts made by him.
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