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Judgments and Orders

Evidence sans pleading not helpful

 09 December 2020

In the SC's view, the reasons recorded in the orders passed by the Trial Court, as confirmed in revision and by the HC are valid and are in accordance with the settled principles of law. It is clear from the conduct of the appellants, that in spite o..

Posted in Others |   1754 hits

Section 489-A of IPC

 08 December 2020

The Supreme Court in this case interpreted the provisions in their strict sense as there was no ambiguity or absurdity in the sections under question. If the intention of the law maker or the legislature was to restrict the meaning of the provision t..

Posted in Constitutional Law |   5555 hits

Madras HC Takes Serious Note Of Doctors Not Even Going Near Dead Bodies As Such Shabby Unscientific Reports Will Collapse Criminal Justice System In Country

 08 December 2020

While noting that in most of the medico-legal cases, the sentence in most of the medico-legal cases, the outcome of the criminal case depends upon the findings in the autopsy certificate and also the doctor's evidence, the Madras High Court in a late..

Posted in Others |   1017 hits

Section 304B of the Indian Penal Code

 07 December 2020

The following judgment primarily deals with Section 304B of the Indian Penal Code (IPC), which criminalizes the causing of dowry death. The present case is a Special Leave Petition filed by the accused who was convicted by the High Court under the sa..

Posted in Constitutional Law |   2565 hits

Case Analysis of: Romila Thapar v. Union of India

 07 December 2020

The present case is a cornerstone in cases at the intersection of criminal law and constitutional rights since it is among the first cases filed to deal with the silencing of the dissent under the current NDA regime. It deals with the arrest of five ..

Posted in Others |   3140 hits

Established Status Quo Brought About By Judgments Interpreting Local/State Laws Should Not Be Lightly Departed From

 07 December 2020

In an interesting, fresh and significant development, the Supreme Court in a latest, landmark and laudable judgment titled Navin Chandra Dhoundiyal vs. State of Uttarakhand in Civil Appeal No. 3493/2020 (Arising out of SLP (C) No. 10943/2020) along ..

Posted in Others |   884 hits

[Domestic Violence Act] Wife Entitled To Claim Right Of Residence Which Belongs To Relatives Of Husband Also

 07 December 2020

In a well-written, well-balanced, well-analysed, well-articulated and well-reasoned judgment under the Domestic Violence Act, a three Judge Bench of the Apex Court comprising of Justices Ashok Bhushan, R Subhash Reddy and MR Shah have ruled in no unc..

Posted in Family Law |   1590 hits

Saravanan v. State (2020) - Imposition of Condition of Deposit Amount in Default Bail

 07 December 2020

In a recent, remarkable and righteous decision titled Saravanan vs. State represented by the Inspector of Police in Criminal Appeal Nos. 681-682 of 2020 (Arising from S.L.P. (Criminal) Nos. 4386-4387 of 2020) delivered on October 15, 2020, the thre..

Posted in Others |   1226 hits

Amar Singh v. The State (NCT of Delhi) (2020) - Conviction on the basis of single eye witness

 07 December 2020

In a well-balanced, well-analysed, well-articulated, well-reasoned and well-framed judgment titled Amar Singh vs The State (NCT Of Delhi) in Criminal Appeal No. 335 of 2015, delivered as recently as on October 12, 2020, the Supreme Court has laid dow..

Posted in Others |   2346 hits

CR Raju v. State of Kerala & Anr. (2020) - Slapping complainant by Police isn't discharge of duty

 05 December 2020

In a latest, landmark and extremely laudable judgment titled CR Raju vs 1. The State of Kerala, 2. Satheeshkumar in Crl. Rev. Pet. No. 3368 of 2007 delivered on October 14, 2020, the Kerala High Court minced no words to observe explicitly, effectivel..

Posted in Others |   952 hits

Roshni Biswas v. State of West Bengal (2020) - 41A CrPC cannot be used to threaten & harass

 05 December 2020

It is most heartening to see that the Supreme Court most recently in a latest, landmark and laudable judgment titled Roshni Biswas vs State of West Bengal in SLP (Cri) 4937/2020 delivered as recently as on October 28, 2020 has laid down in clear, cat..

Posted in Others |   1541 hits

Tofan Singh v. State of T.N. (2020) - Police Officers can investigate under NDPS Act

 05 December 2020

It is remarkable, refreshing, rejuvenating and most relaxing to see that just recently on October 29, 2020, a three Judge Bench of the Apex Court comprising of Justice RF Nariman, Justice Indira Banerjee and Justice Navin Sinha in a latest, landmark ..

Posted in Others |   2802 hits

Jasvir Singh v. State of Punjab (2020) - Caution in Invoking Laws of Sedition & Religious disaffection

 05 December 2020

In a well-worded, well-analysed, well-reasoned and well articulated judgment titled Jasbir Singh @ Jasvir Singh v. State of Punjab [Crl. Misc. No. M-19376 of 2020] delivered just recently on October 30, 2020, the Punjab and Haryana High Court has mi..

Posted in Others |   984 hits

Rajnesh v. Neha (2020) - Maintenance in Matrimonial Cases

 05 December 2020

In a significant and praiseworthy judgment titled Rajnesh vs Neha in Criminal Appeal No. 730 of 2020 (Arising out of SLP (Crl.) No. 9503 of 2018 delivered as recently as on November 4, 2020, a two Judge Bench of Supreme Court comprising of Justice In..

Posted in Others |   2688 hits

Ashok Negi v. State of H.P. & Ors. (2020) - Inaction of State to make Colleges Functional

 04 December 2020

In a bold, brilliant and blunt judgment titled Ashok Negi v. State of Himachal Pradesh & others and connected petitioner [CWP Nos. 2232, 2320 & 2379 of 2018] delivered just recently on November 12, 2020, the Himachal Pradesh High Court minced no word..

Posted in Others |   799 hits

Shaurya Gautam & Anr. v. State of U.P. (2020) - Man accused of killing wife can't get custody of children

 04 December 2020

In a latest, landmark and laudable judgment titled Shaurya Gautam (Minor) and another vs. State of UP and 4 others in Habeas Corpus Petition No. 140 of 2020 delivered on November 10, 2020, the Allahabad High Court refused to grant the custody of two ..

Posted in Others |   831 hits

Rahmuddin v. State of U.P. (2020) - Abuse of Cow Slaughter Act

 04 December 2020

In a hard-hitting judgment, the Allahabad High Court has just recently on October 19, 2020 in a latest, landmark and extremely laudable judgment titled Rahmu @ Rahmuddin vs State of UP in Criminal Misc. Bail Application No. 34008 of 2020 expressed it..

Posted in Others |   915 hits

Andhra Pradesh HC Suo Moto v. State of AP (2020) - Defamatory Remarks against Judiciary

 04 December 2020

In a significant but rare move which shall certainly have far reaching consequences, the High Court of Andhra Pradesh has suo motu in Writ Petition No. 9166 of 2020 on October 12, 2020 preferred to invoke the writ jurisdiction under Article 226 of Co..

Posted in Others |   905 hits

Karulala & Ors v. State of Madhya Pradesh (2020) - Testimony of Related Witness- Basis for Conviction

 04 December 2020

In a latest, landmark and laudable judgment titled Karulal and others vs The State of Madhya Pradesh in Criminal Appeal No. 316 of 2011 delivered on 9 October 2020, a three Judge Bench of Apex Court comprising of Justice NV Ramana, Justice Surya Kant..

Posted in Others |   834 hits

Miss A v. State of U.P. & Anr. (2020) - Accused when Entitled to Copy of Statements made u/s 164 CrPC

 04 December 2020

In a latest, landmark and extremely laudable judgment titled Miss A Vs State of Uttar Pradesh And Anr. In Criminal Appeal No. 659 of 2020 (Arising out of Special Leave Petition (Crl.) No. 10401 of 2019 delivered as recently as on October 8, 2020, a..

Posted in Others |   1868 hits