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Articles by Ruchitha Bafna

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Injunctions And Their Kinds

  Ruchitha Bafna    22 January 2022 at 13:27

KEY TAKEAWAY An injunction is a legal process in which someone who has infringed or threatened to infringe on another's rights is barred from continuing or initiating the wrongful act. An injunction is an order against a person, in which restrain ..

Posted in Others |   251 Views

Res Ipsa Loquitur And Negligence In Torts

  Ruchitha Bafna    21 January 2022 at 10:50

KEY TAKEAWAYS Negligence is the failure to take the care that a person is legally obligated to do given the circumstances. There are three aspects that make up negligence: a duty to care, a breach of duty, and damages. The maxim Res Ipsa Loquitur shi ..

Posted in Others |   116 Views

Whether Taking A Voice Sample Of The Accused Without Their Consent Violates Article 20(3) Of The Indian Constitution

  Ruchitha Bafna    20 January 2022 at 13:55

KEY TAKEAWAY • The Supreme Court held in Ritesh Sinha v. State of Uttar Pradesh (2019) that ordering an accused to provide a voice sample does not violate Article 20(3) of the Indian Constitution. • Because a court's order for an accuse ..

Posted in Others  1 comments |   127 Views

Damnum Sine Injuria Vs Injuria Sine Damnum

  Ruchitha Bafna    19 January 2022 at 10:24

KEY TAKEAWAY Damnum sine Injuria is a legal principle that refers to damages without injury or damages in which the plaintiff's legal rights have not been infringed upon. In the instance of damnum sine injuria, no action is available because no l ..

Posted in Others |   160 Views

Does Taking Daughter-In-Law’s Jewellery For Safekeeping Amount To Cruelty

  Ruchitha Bafna    18 January 2022 at 15:25

KEY TAKEAWAYS Section 498 A of the Indian Penal Code refers to a woman's husband or a relative of her husband subjecting her to cruelty. In a recent case before the Hon'ble Supreme Court, it was held that advising a wife to adjust to avoid re ..

Posted in Others  2 comments |   693 Views

Arbitrariness Of Police In Custodial Violence

  Ruchitha Bafna    17 January 2022 at 09:52

KEY TAKEAWAYS In the recent case of Kaushal v. State of Haryana and others, the Punjab and Haryana High Court clarified that, following Supreme Court orders, no area of a police station should be left unprotected by CCTV surveillance, which would ine ..

Posted in Others |   134 Views

Muslim Women (Protection Of Rights On Marriage) Act, 2019: A Critical Analysis

  Ruchitha Bafna    15 January 2022 at 13:20

KEY TAKEAWAYS The Delhi High Court has requested the Central Government's response to a review petition seeking to declare the Muslim husband's "assumed absolute discretion" to divorce his wife (talaq-ul-Sunnat) at any time without ..

Posted in Others |   162 Views

Is The State Required Under Article 21 Of The Constitution To Protect Runaway Couples

  Ruchitha Bafna    14 January 2022 at 17:29

KEY TAKEAWAYS In the case of Shobha and Anr. vs. State of Rajasthan and Ors., the Hon'ble High Court of Rajasthan denied police protection to the runaway couple, stating that there is no proof on record that they were under threat from their fami ..

Posted in Others  1 comments |   173 Views

Can A Husband Use His Wife's Secretly Recorded Phone Conversations As Evidence In A Divorce Case

  Ruchitha Bafna    13 January 2022 at 12:42

KEY TAKEAWAYS The Punjab and Haryana High Court, in an order dated December 12, 2021, held that the learned Family Court's acceptance of a CD allegedly containing conversations between the husband and wife was secretly recorded without the wife&# ..

Posted in Others  3 comments |   1157 Views

India's Abortion Laws Are Still Not A Right, But A Privilege

  Ruchitha Bafna    12 January 2022 at 11:51

KEY TAKEAWAYS On March 25, 2021, The Medical Termination of Pregnancy (Amendment) Act obtained Presidential Assent which modifies the 1971 enactment by increasing the number of weeks a woman can terminate her pregnancy and establishing certain circum ..

Posted in Others  1 comments |   251 Views

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