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

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Judgments and Orders

Provision: Procedure when Investigation cannot be completed in 24 hours

 14 July 2020

According to S. 57, if a person is arrested and detained the investigation is to be completed in 24 hours. But, in a case where an investigation cannot be completed in this fixed time period and, there exists sufficient ground for believing that the ..

Posted in Others |  1 comments |   1698 hits

Provision: Postponement of issue of process by any Magistrate

 13 July 2020

An inquiry under Section 202 of the Code is not in the nature of a trial for there can be in law only after process is issued to the accused. The said proceedings are not strictly proceedings between the complainant and the accused. A person against ..

Posted in Others |   1099 hits

Re-investigation under article 226 and s.482 CrPC

 13 July 2020

Courts may monitor an investigation into an offence when it is satisfied that either the investigation is not being proceeded with or is being influenced by interested persons. Thereby the appeals in this matter was dismissed..

Posted in Constitutional Law |   3169 hits

Delhi HC Takes Suo Motu Cognizance Of Video About Failure Of COVID-19 Helplines And Issues Directions To Delhi Government And Centre

 11 July 2020

In a fresh and interesting development, the Delhi High Court just recently on May 26, 2020 in a notable judgment titled Court On Its Own Motion vs State Of NCT Of Delhi & Ors in W.P.(C)3250/2020 after taking suo motu cognizance of the grievances face..

Posted in Others |   796 hits

Registry Is Part And Parcel of The System: SC

 11 July 2020

In a fresh, welcome and interesting development, the Supreme Court has just recently on July 6, 2020 in a latest, landmark and extremely laudable judgment titled Reepak Kansal vs. Secretary-General, Supreme Court Of India & Ors. in Writ Petition (Civ..

Posted in Others |  1 comments |   849 hits

Accused Is Entitled To Be Heard In A Revision Petition Against Dismissal Of Protest Petition: SC

 11 July 2020

It is good to see that the Supreme Court just recently on June 18, 2020 in a latest, landmark and laudable judgment titled Subhash Sahebrao Deshmukh vs Satish Atmaram Talekar And Others in Criminal Appeal No. 2183 of 2011 has reiterated yet once agai..

Posted in Others |   1650 hits

Social evil of sex-selective abortion and the grave need to undertake measures to resolve the same

 11 July 2020

The Court finally held that, when a female foetus is destroyed through artificial means which is legally impermissible, the dignity of life of a woman to be born is extinguished. It corrodes the human values. The Legislature has brought a complete co..

Posted in Criminal Law |   1177 hits

Need for guidelines to prevent sexual harassment at workplace

 11 July 2020

Whether there was a need to consider settled law and guidelines with regard to prevention of sexual harassment at workplace?..

Posted in Others |   1115 hits

Whether the State and Medical Practitioners have a legal obligation to save lives under Article 21 of the Constitution

 11 July 2020

The petitioners contended that, Article 21 not only guarantees right to life to the citizens but also cast an obligation upon the State to protect the same. Further the Code of medical ethics also specifies the Practitioners to take all measures to ..

Posted in Constitutional Law |   1027 hits

When a marriage has literally become a ‘deadwood’, divorce is the only viable option before the court

 11 July 2020

The facts and circumstances of the case show that recovery is impossible. There is no doubt that the applicants and the accused have lived separately for the past 14 years. It is also true that a good part of the lives of both sides were involved in ..

Posted in Family Law |   1808 hits

Whether right to sexual orientation is a part of Article 21 of the Constitution

 10 July 2020

Upon hearing the parties, the Court held that, sexual orientation is inextricable facet of Article 21 and thus it cannot be violated. The Court also gave directions for the recognition of the transgender community. Some of the notable directions in..

Posted in Constitutional Law |   1302 hits

Difference between constitutional morality and public morality

 10 July 2020

Upon hearing the parties the Court held that, section 377 grossly violated right to dignified life, privacy, equality and hence unconstitutional. ..

Posted in Constitutional Law |   1310 hits

Irretrievable Breakdown of Marriage

 10 July 2020

The Court found the wedding bond between the parties to be destroyed beyond repair. Public interest and interest of all concerned lie in the acknowledgment of this reality and to proclaim defunct de jure what is already defunct de facto...

Posted in Family Law |   1483 hits

When a fact pleaded in a plaint is not specifically denied but mere ignorance about its existence is pleaded, it amounts to admission unless by necessary implication it amounts to denial

 10 July 2020

The Apex Court while citing O.VIII, R 5, C.P.C. which provides that every allegation of fact in the plaint, if not denied specifically or by necessary implication or stated to be not admitted in the pleading of the defendant,shall be taken to be admi..

Posted in Others |   1099 hits

Case law: The Hindu Marriage Act, 1955

 09 July 2020

After findings by the Court and a failure of the appellant to prove the claims of adultery by the respondent, and the fact that she was in a relationship before marriage is meaningless. The Court held that no such act of the respondent leads to a bel..

Posted in Others |   1867 hits

Whether a particular community or sect of that community can claim right to add to noise pollution on the ground of religion

 09 July 2020

Upon hearing the parties, the Court upheld the HC’s decision and stated that, reciting prayers would be an essential part of the religion but using loudspeakers to recite is not necessary..

Posted in Others |   919 hits

Gender equality in succession

 09 July 2020

The Court decided that the exclusive right of male succession included in sections 7 and 8 of the Act must be suspended so long as the right of livelihood of the female descendants of the last male holder continues...

Posted in Constitutional Law |   1334 hits

What constitutes a reasonable restriction under Article 19(6) of the Constitution

 09 July 2020

The petitioners contended that, the Act unreasonably restrains them from manufacturing Bidis during the agricultural season. The provisions do not have a rational nexus with the object sought to be achieved by the legislation in question. The objec..

Posted in Constitutional Law |   2003 hits

What constitutes a substantial question of law under Article 133 of the Constitution

 09 July 2020

The Court upon hearing the parties held that, that the case involved a substantial question of lawand the appellants were entitled to the certificate as of right. A substantial question of law is one which is of general public importance or which dir..

Posted in Constitutional Law |   3404 hits

Whether the workers' right to health and medical aid a fundamental right guaranteed under Article 21 of the Constitution

 09 July 2020

The Court examined the Convention 162 of the International Labor Conference that provides arrangements for the betterment of workers. The Court requested that the "All Safety in the Use of Asbestos" guidelines and rules distributed by the Internation..

Posted in Constitutional Law |   965 hits