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The property taken over by government without any valid legal contract with caretaker trustee cannot be compensated. Jammu Kashmir and Ladakh High Court

The judgment in LPA No. 228/2025 (Ms. Sabiya Tariq v. UT of J&K & Others) arises from a long-standing dispute over the management and control of the Kashmir Nursing Home, which was earlier managed by the Sher-i-Kashmir National Medical Institute Trust. This litigation marks the second round, following an earlier judgment in 2005 that upheld the government's action of taking over possession of the Nursing Home and dismissed the writ petition from the Trust and related parties. ### Background and Core Issues - The central issue revolves around the legality of the government's 2003 order taking over the Kashmir Nursing Home. The Trust (respondent no. 2) originally operated the Nursing Home but was found unable to run it effectively, lacking the necessary expertise, staff, and resources. - The previous litigation involved conflicting opinions within a Division Bench, and the matter was resolved by the Chief Justice, who dismissed the petition and validated the government...
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Law of Crimes and Our society

  **Navigating Criminal Jurisprudence and Legal Illusions: A Deep Dive into the Bhartiya Nyaya Sanhita Act 2023** The relationship between society and criminal jurisprudence is intricate and multifaceted. The legal framework governing a society not only reflects its moral compass but also dictates the pathways for justice and order. In India, the introduction of the Bhartiya Nyaya Sanhita Act 2023 marks a significant evolution in this dynamic. This act, poised to reshape the Indian criminal justice system, brings with it both the promise of modernization and the potential pitfalls of legal illusions. ## The Bhartiya Nyaya Sanhita Act 2023: An Overview The Bhartiya Nyaya Sanhita Act 2023 represents a comprehensive overhaul of India's criminal law, replacing the century-old Indian Penal Code (IPC) of 1860. This new legislation aims to align India's criminal justice system with contemporary values and societal needs, addressing issues that have long been contentious under the old ...
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Criminal Jurisprudence and the Bhartiya Nyaya Sanhita Act 2023 in Kashmir Context Introduction to Criminal Jurisprudence

  Criminal jurisprudence is the body of law that relates to crime and the administration of justice. It encompasses various principles and rules that govern the determination of criminal responsibility and the rights of individuals within the criminal justice system. At its core, criminal jurisprudence aims to balance the need for public safety with the rights of individuals to fair treatment and due process. Key principles include the presumption of innocence, the right to a fair trial, the right to legal representation, and the prohibition of arbitrary detention. #### Bhartiya Nyaya Sanhita Act 2023: An Overview The Bhartiya Nyaya Sanhita Act 2023 represents a significant overhaul of India's criminal laws, intending to modernize and streamline the criminal justice system. This Act replaces the colonial-era Indian Penal Code (IPC), Indian Evidence Act, and the Code of Criminal Procedure (CrPC). Its objectives include simplifying legal provisions, making them more comprehensible to...
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The B N S structure

 The BNS comprises 20 chapters and 358 sections. Its structure is similar to that of the IPC. The outline of the Sanhita is as follows:[ Chapters Clauses Classification of Offences Chapter 1 Clauses 1 to 3 Preliminary Chapter 2 Clauses 4 to 13 Of Punishments Chapter 3 Clauses 14 to 44 General Exceptions   of the Right to Private Defence (sections 34 to 44) Chapter 4 Clauses 45 to 62 Of Abetment, Criminal Conspiracy and Attempt Chapter 5 Clauses 63 to 99 Of Offences against Women and Children Of Sexual Offences (63 to 73) Of criminal force and assault against women (74 to 79) Of Offences relating to marriage (80 to 87) Of causing miscarriage, etc. (88 to 99) Chapter 6 Clauses 100 to 144 Of Offences Affecting the Human Body Of Offences Affecting Life (100 to 113) Of Hurt (114 to 125) Of wrongful restraint and wrongful confinement (126 to 136) Of Kidnapping, Abduction, Slavery and Forced Labour (137 to 146) Chapter 7 Clauses 147 to 158 Of Offences Against the State Chapter 8...
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GST FAQs: e-way bill rules, credit of KCC, RWA Charges, Unregistered Purchase

GST FAQs: e-way bill rules, credit of KCC, RWA Charges, Unregistered Purchase Q 1: Has e-way bill rules been notified? Ans: No, it will be implemented in phases from 01.01.2018, and nation-wide w.e.f. 01.04.2018 Q 2: Whether the credit of  Krishi Kalyan Cess (KCC)  and education cess allowed as transition credit in GST? Ans: No. Q 3: Please clarify GST applicability on Resident Welfare Association (RWA) charges for providing services and goods for the common use of its members by way of reimbursement of charges or share of contribution ? Ans: Supply of service by RWA is exempted if 1. Contribution is less than Rs. 5000 per month per member or 2. If the aggregate turnover of such RWA is below Rs. 20 lakhs in a financial year, even if charges per member are more than Rs. 5000 RWA shall be required to pay GST if subscription is more than Rs. 5000 per member and the annual turnover of RWA by way of supplying of services and goods is also Rs. 20 lakhs or m...
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