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Issue 5 • March 2018 |
Lexis®India |
1. The Supreme Court of India, in Nagaiah and Another vs. Smt. Chowdamma (Dead) By Lrs. and Another, has held that instituting a suit on behalf of minor by a next friend or to represent a minor Defendant in the suit by a guardian ad litem is a time-tested procedure which is in place to protect the interests of the minor in civil litigation. The only practical difference between a “next friend” and a “guardian ad litem” is that the next friend is a person who represents a minor who commences a lawsuit; guardian ad litem is a person appointed by the Court to represent a minor who has been a Defendant in the suit. [(2018) 2 MLJ 242 : LNIND 2018 SC 6] Read more 2. The Supreme Court of India, in Madan Mohan vs. State of Rajasthan and Others, has held that the High Court had no jurisdiction to direct the Sessions Judge to “allow” the application for grant of bail. [(2018) 1 MLJ (Crl) 436 : LNIND 2017 SC 3005] Read more 3. The Madras High Court, in Shanthi Thiagarajan, Proprietrix, Staar Movies vs. KE. Gnanavelraja and Another, has held that it is true that copyright is a right in rem. However, in case of infringement of copyright by an individual, the action may not be an action in rem, but an action in personam, as against the infringer of the copyright. [(2018) 2 MLJ 129 : LNIND 2018 MAD 124] Read more Click here to register for Lexis®India Trial/Demo For training, write to online.in@lexisnexis.com |
Legal News |
(a) After the recent order passed by the Madras High Court issuing directions to ensure free and fair conduct of elections to the elections to the Bar Council of Tamil Nadu and Puducherry, the Bar Council of India has issued guidelines for Returning Officers. (b) The Chief Justice of India has constituted a Five Judge Bench to put an end to the controversy about the conflicting Judgments of three judge Benches of Supreme Court regarding the interpretation of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. (c) The Supreme Court of India has directed the Delhi High Court to drop all proceedings against Additional District Judge Kamini Lau after she tendered unconditional apology to High Court as directed by the Supreme Court. (d) The Supreme Court has clarified that a sales tax assessee is entitled to get the refund of excess tax paid on provisional sale price if the price gets reduced subsequently on price variation. |
Legislation Updates |
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State Acts Update:-
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