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In Indian succession law, a registered Will holds a distinctive evidentiary status. But a pertinent legal question often arises—can a registered Will be presumed to be genuine without requiring additional proof of execution and attestation? The recent Supreme Court judgment in Metpalli Lasum Bai (Since Dead) & Ors. v. Metapalli Muthaiah (D) by LRs, Civil...
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The doctrine of merger, a long-standing principle of Indian jurisprudence, operates on the premise that once a superior court adjudicates a matter, the judgment of the lower court merges into that of the higher forum. This doctrine, though fundamental for judicial hierarchy and finality, cannot be treated as an inflexible rule. The recent judgment of...
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Abuse can happen to anyone and be perpetrated by anyone, but some of the most common and underreported cases involve nursing homes and assisted living facilities. Because older people can have mobility or cognitive issues as they age, they can often fall victim to a wide range of abusive tactics. They may be financially, emotionally,...
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Indian tradition offers a distinct philosophical framework for understanding the world and the self, diverging significantly from Western metaphysics and legal thought. One such framework is Advaita Vedanta, a school of Indian philosophy that teaches the essential non-duality (a-dvaita) of existence. Advaita does not merely concern itself with metaphysical abstractions but also carries profound implications...
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In civil litigation, procedural clarity is essential for ensuring justice is not only done but seen to be done. The question of whether a plaint can be returned instead of being rejected has often led to interpretational confusion, especially under the framework of the Code of Civil Procedure, 1908 (CPC). In the recent case of...
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December 3rd, 2024, marks a significant milestone in the history of India’s banking sector with the introduction of the Banking Laws (Amendment) Bill, 2024. The bill proposed vital changes and amendments in existing critical laws such as the Reserve Bank of India Act, 1934; the Banking Regulation Act, 1949; the State Bank of India Act,...
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24th July, Jabalpur – Dharmashastra National Law University Signs MoU with Dr. Ram Manohar Lohiya National Law University, Lucknow. Paving the Way for Academic Exchange and Legal Research Collaboration A Milestone in Inter-Institutional Cooperation In a significant move to strengthen academic ties and foster collaborative growth in legal education, Dharmashastra National Law University (DNLU), Jabalpur has...
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Amartya Sen’s The Idea of Justice (2009) presents a profound critique of traditional theories of justice, especially those rooted in Western jurisprudence. Unlike John Rawls’ A Theory of Justice, which prioritises institutional structures and ideal conceptions (what Sen calls niti), Sen shifts the emphasis to nyaya—the actual realisation of justice in the lived experiences of...
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The jurisprudence surrounding a daughter’s right in a Hindu Undivided Family (HUF) property has undergone substantial evolution over the past few decades. With the enactment of the Hindu Succession (Amendment) Act, 2005, a daughter was granted equal coparcenary rights as a son in Mitakshara HUF property. However, legal conflicts emerged in states like Kerala, which...
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This blog explains why ownership of young lawyers in India is still a strong career, its stability, diverse work, intellectual challenge and the opportunity to earn good earnings in developing legal fields. Introduction The legal scenario in India expands rapidly, offering a range of expertise such as business law, intellectual property rights, and mediation. Between...
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