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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Judgments and Orders

Calcutta HC Pulls Up State Police For Rampant Child Marriages

 29 July 2020

In a recent, remarkable and righteous decision, the Calcutta High Court just recently in 'Court In Its Own Motion In Re: Contagion of Covid-19 Virus In Children Protection Homes (Through video conference) in W.P. 5327 (W) of 2020 while taking strict ..

Posted in Others |   1368 hits

Husband is liable to pay maintenance even after the expiry of iddat period

 28 July 2020

The court held that the view expressed by the First Revisional Court that no Muslim woman can maintain a petition under Section 125 Cr.P.C. is unsustainable. Conclusions in the view of a statement alleging utterance of the word ‘Talaq’ thrice is not ..

Posted in Family Law |   2567 hits

Liability of a husband to maintain his wife is not confined to the iddat period

 28 July 2020

The court upheld the validity of the Act while reiterating the principles laid down under Shah Bano case that the husband’s liability to maintain his wife is not confined and doesn’t end with the iddat period. A distinction has to be made between ‘pr..

Posted in Family Law |   1484 hits

Person Suffering From Covid-19 Cannot Be Expected To Produce Proof For Free Treatment In Hospital Under EWS Category

 28 July 2020

 In a big respite for Covid-19 patients which has ostensibly given them a good and genuine reason to smile is the recent, remarkable and righteous decision delivered by the Bombay High Court just recently on June 26, 2020 in Abdul Shoeb Shaikh and Or..

Posted in Others |   1349 hits

US Supreme Court Rules Against Absolute Immunity For President From Criminal Investigation

 27 July 2020

In a most recently decided high profile case titled Donald J Trump v. Cyrus R Vance, District Attorney Of The County Of New York, Et Al. 591 US ­­­_ (2020) on Writ Of Certiorari To The United States Court Of Appeal For The Second Circuit that was dec..

Posted in Others |   1420 hits

Deductions to the salary of an officer in reference to other Laws of the Land

 25 July 2020

It was decided by the Court in this regard that as there is no law of the Governor-General-in-Council whereby the salary of an officer is to be deducted, vide Section 60 (2) (b), the officer's salary is not liable to attachment or deductions...

Posted in Others |   1466 hits

Bombay HC Dismisses PIL Alleging Negligence In Management Of Dead Bodies Of Covid-19 Victims By MCGM Staff

 24 July 2020

In a latest and fresh development, the Bombay High Court just recently on July 3, 2020 in Ketan Tirodkar Vs State of Maharashtra & Anr in Case Number: PIL-CJ-LD-VC-29 of 2020 dismissed a public interest litigation (PIL) alleging negligence in manage..

Posted in Others |   1030 hits

The need and severity of the punishment granted by the Court Martials in relation to certain offences

 24 July 2020

The Court looked into the previous judgments on the same matter and decided that the perusal as to the charges was not conducted in the appropriate manner and therefore complete understanding of the charges and the facts as to the said charges needs ..

Posted in Others |   1247 hits

Confidentiality of communications under Section 126 extends to the pleaders as well under Section 127

 23 July 2020

The Court held that the evidence of the pleaders was inadmissible because it involved the disclosure of privilege information and communication, the disclosure of which is incorrect. The evidence is therefore rightfully excluded on the part of the Ma..

Posted in Constitutional Law |   913 hits

Privilege in case of communication within a corporation between employees, including a legal adviser

 23 July 2020

The Court held that the first question that is to be answered is whether the document of communication contains any confidential information. It was concluded that this particular document and the information contained within upon speculation does no..

Posted in Others |   1757 hits

Section 132 only protects the accused in the case where he is compelled to answer a question and not where the accused voluntarily answers

 23 July 2020

As per the dissenting opinion of Justice Birchwood, section 132 of the Indian Evidence Act read with section 14 of the Indian Oaths’ Act, compels a witness to answer criminating questions and he is protected by the proviso to section 132 from crimina..

Posted in Constitutional Law |   1897 hits

A dying declaration not in the question-answer form is admissible under s.32 of the Indian Evidence Act

 23 July 2020

The Supreme Court examined the question on the admissibility of the three dying declarations of Smt. Uma Devi and observed that the principle on which the dying declarations are admitted in evidence is indicated in legal maxim – “Nemo moriturus praes..

Posted in Others |   961 hits

As far as the entries in the register of births or deaths or marriages are concerned, the evidence must be produced to connect the entries with the persons whose births or deaths or marriages have to be established

 23 July 2020

The court held that there was no justification for the Authorities under the Rules to reject the school certificate and the medical certificate. There was not even an iota of evidence on the record to show that the appellant was minor on the date of ..

Posted in Others |   794 hits

Evidentiary value of photograph

 23 July 2020

The court held that Ethyl Wong was a competent witness. Under Section 118 of the Indian Evidence Act all persons are competent to testify unless the court considers that they are prevented from understanding the questions put to them for reasons indi..

Posted in Others |   1771 hits

Privilege in case of documents filed by the opposite party in Court

 23 July 2020

The Court held that the provisions of Section 126 to 129 of the Evidence Act (Professional Communications, privilege, etc.) would apply to a situation like this where in therefore, Annexure 3 cannot be excluded as a point of consideration by the Cour..

Posted in Legal Documents |   1508 hits

The burden of proof lies on the appellant under section 106 of the Evidence Act

 22 July 2020

The court held that the burden of proof lies on the appellant Anil since all that was required of the him was to explain the unusual situation, namely, of the unnatural death of his wife in their room, but he made no attempt to do this. Under Section..

Posted in Others |   987 hits

The expert in the present case did not commit perjury

 22 July 2020

The court held that merely because an expert has tendered an opinion while also furnishing the basis of the opinion and that too without being conclusive and definite, it cannot be said that he has committed perjury so as to help somebody...

Posted in Others |   959 hits

Sections 93 and 94 deal with patent ambiguity and Sections 95, 96 and 97 deal with latent ambiguity

 22 July 2020

In the result, the appeal is allowed and the judgment and decree dated 29-7-1993 passed by the learned 1st Additional Judge, City Civil Court, Hyderabad, in O.S. No. 754 of 1983, are hereby set aside. In sequel thereto, the suit stands dismissed. The..

Posted in Others |   1093 hits

Forcing the husband to leave his parents, who are dependent on his income, amounts to cruelty

 22 July 2020

Dealing with the case, the Court said that in a Hindu society, it is a pious obligation of the son to maintain the parents...

Posted in Family Law |   875 hits

Whether a marriage certificate is a public document

 22 July 2020

The certified copy of the Hindu Marriage Register was adjudged as being a public document within the meaning of Sec.74 of the Evidence Act. The certified copies were also admissible as secondary evidence under Sec.65(e) and 65(f) of the evidence Act...

Posted in Legal Documents |   4310 hits