Legal Point | A mouth piece for common man A place of legal knowldge A platform for discussing legal
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Legal Point is a group of young and energetic advocates with an intent to remove the legal ignorance spread among people. As per the law of land , Ignorance of law is not an excuse. Every person is presumed to know the law of land. The prime objective of law is to serve the people by providing specific rules and regulation in order to stop any anarchism or confusion.
Legal Point | A mouth piece for common man A place of legal knowldge A platform for discussing legal
3y ago
The Supreme Court refused to entertain the plea of some doctors from Uttar Pradesh. By filing the petition, the doctors had sought a direction to the state government to give NOC for pursuing postgraduate diploma courses outside the state. The top court said that this is a policy matter and at present, we cannot interfere in it.
A bench of Justice Navin Sinha and Justice Dinesh Maheshwari observed that the petitioner doctors have not only sought NOC but also challenged the policy. In fact, on May 6, in view of the second wave of Corona, the Uttar Pradesh government had issued a notification sa ..read more
Legal Point | A mouth piece for common man A place of legal knowldge A platform for discussing legal
3y ago
In the case of Kulbhushan Jadhav, Pakistan has finally had to bow down. Pakistan has introduced the International Court of Justice (Review and Review) Ordinance 2020.
According to this bill, foreign prisoners convicted in Pakistani jails (who have been sentenced by military courts) will be able to appeal in higher courts. Law Minister Farogh Naseem introduced this bill in Parliament. Now this bill will go to the Senate. If approved from there, it will become a law after the President's signature.
After this, now Kulbhushan Jadhav has been allowed to appeal in any High Court against the s ..read more
Legal Point | A mouth piece for common man A place of legal knowldge A platform for discussing legal
3y ago
In Haryana State, private companies, firm societies, trusts etc. will have to reserve the 75% job of the persons who are earning less than 50 thousand rupees. For this, the Governor has approved the proposal passed in the budget session. After this the government has issued a notification.
That is, now it has become law. It will be called the Haryana State Employment of Local Candidates Act 2020. This law will apply to firms with more than 10 employees. Now private companies will have to give complete information about posts with less than 50 thousand salary on the special portal ..read more
Legal Point | A mouth piece for common man A place of legal knowldge A platform for discussing legal
3y ago
The Supreme Court of Nepal has issued a show cause notice to the President, Prime Minister and Cabinet. It has been asked on what basis the order for dissolution of Parliament was given on 22 May. The reply to the notice has been sought within 15 days. KP Sharma Oli is the caretaker prime minister in Nepal. There are two factions in Oli’s Nepal Communist Party. Elections are to be held in Nepal on November 12 and 19.
There is no consensus among political parties regarding the dissolution of parliament and new elections in Nepal. A total of 30 petitions were filed in the Supreme Court on issu ..read more
Legal Point | A mouth piece for common man A place of legal knowldge A platform for discussing legal
3y ago
Responding to the notice of the Supreme Court, the Rajasthan government has opposed the bail of Asaram Bapu, who is serving a life sentence for rape. The Rajasthan government said that Asaram was deliberately not taking medicines prescribed by AIIMS Jodhpur with the intention of being shifted to the Ayurveda centre. They can be treated in AIIMS Jodhpur, there is no need to transfer them.
During the hearing held earlier, the Supreme Court had refused interim bail to rape convict Asaram Bapu after hearing the bail application and sought a response from the state government.
Rajasthan governmen ..read more
Legal Point | A mouth piece for common man A place of legal knowldge A platform for discussing legal
3y ago
The Supreme Court has ordered the Faridabad Corporation to demolish 10,000 houses built in the forest area of Lakkarpur-Khori village. The court said that these houses should be vacated within six weeks.
The Supreme Court ordered the Faridabad Corporation to demolish all the houses located in the forest area of Lakkarpur-Khori village within six weeks. The Supreme Court made it clear that in any case the forest area should be vacant and no compromise can be made in this. About 10 thousand houses are built in the forest area.
A bench of Justices AM Khanwilkar and Dinesh Maheshwari ordered the ..read more
Legal Point | A mouth piece for common man A place of legal knowldge A platform for discussing legal
3y ago
Section 19 of the Limitation Act,1963 deals with part-payment on account of debt. As a general rule contained under Section 3 of the Act, any cause once barred by limitation shall be dismissed and no time will be extended. Section 19, however, is one of the exceptions to this general rule. According to it, where payment on account of a debt or of interest on a legacy is made before the expiration of the prescribed period, a fresh period of limitation shall be computed from time when the payment was made. However, it is to be noted that the payment must have been made by the person liable to pa ..read more
Legal Point | A mouth piece for common man A place of legal knowldge A platform for discussing legal
3y ago
If any special law or local law contains a special provisions prescribing its own limitation for any proceeding. Section 29(2) of the Limitation Act, 1963 says that, the limitation prescribed by such Special Act etc. shall prevail.
Example- Any decree except for mandatory instruction can be executed within 12 years. As the A.P. Rent Control Rules prescribe execution to be started in respect of Rent Control decrees and order before the expiry of six months from the date of the order or decree becoming executable, general 12 years period prescribed under the Limitations Act is inapplicable.
For ..read more
Legal Point | A mouth piece for common man A place of legal knowldge A platform for discussing legal
3y ago
Distinction between Limitation and Prescription
1. Limitation is an adjective law whereas prescription is a branch of substantive law.
2. Limitation bars the enforcement of a right whereas prescription creates a right.
3. Limitation is negative right while prescription is an affirmative or assertive right.
4. Limitation only extinguishes the right of the claimant to sue in a court of law whereas prescription creates or extinguishes a right.
5. According to the Limitation ..read more
Legal Point | A mouth piece for common man A place of legal knowldge A platform for discussing legal
3y ago
The Supreme Court of America has dealt a big blow to Johnson & Johnson. After which the company will have to pay a compensation of Rs 15500 crore ( One Dollar = 73 rupees) to those women who have accused Johnson & Johnson of giving them uterine cancer (Ovarian) by using the company’s baby powder and other talcum powder.
In the year 2018, the St. Louis jury gave its verdict after hearing the petition of 20 women together. Johnson & Johnson said that they had not given a chance to present their side properly in court, so they approached the US Supreme Court, but the Supreme Court a ..read more