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Judgments and Orders

Consent for additional surgery is Essential

 19 May 2020

The court acquitted Dr. Prabha Manchanda of all the charges framed against her for negligence. The respondent having found endometriosis, processed removal of uterus and ovaries in order to provide a permanent relief to the appellant. The surgery cou..

Posted in Others |   1351 hits

BCCI is amenable to writ jurisdiction Under Article 226 of the Constitution

 19 May 2020

BCCI may not be State Under Article 12 of the Constitution but is certainly amenable to writ jurisdiction Under Article 226 of the Constitution of India. In January 2017, the Supreme Court of India removed the BCCI’s President N. Srinivasan from his ..

Posted in Constitutional Law |   1297 hits

Rejection of the new sports code

 19 May 2020

The Indian Olympic Association (IOA) has rejected the latest draft of the National Sports Code, as well as raising concerns regarding many of the articles in the newly drafted draft. The 2011 National Sports Code is still in place but in 2017 a new N..

Posted in Others |   694 hits

BCCI is not State within the meaning of Article 12

 18 May 2020

Zee Telefilms had bid for telecast rights for certain tournaments which had been cancelled by BCCI. Against this, Zee Telefilms filed a Writ Petition under Article 32 of the Constitution of India on the ground that the Board being recognized by the U..

Posted in Others |   6415 hits

Compensation of 1 crore for medical negligence

 18 May 2020

The court held Nizam Institute of Medical Sciences and its doctors liable for the charges framed against them for negligence. The court found that the surgery had neurological implications and it should have been conducted under the presence of a neu..

Posted in Others |   2114 hits

Mahmood Farooqui vs. State (Govt Of Nct Of Delhi)

 18 May 2020

The Delhi High Court, for crimes related to sexual harassment, including the current consent clause, did not follow the values and the enforcement of the law as adopted in 2013. Rather, the court was more confident applying section 90 of the Indian P..

Posted in Others |   5965 hits

Whether an estranged husband who was prima facie shown to be violent could be allowed into matrimonial home where wife resided with her

 18 May 2020

The Court held under Section 19(1)b of the DV Act, the respondent be denied the right to live in the matrimonial home despite he being the owner of such shared household. The object behind this lies on the idea that even though he is an owner of the ..

Posted in Property Law |   1288 hits

IPC section 97 - Right of private defence of body and property

 15 May 2020

The High Court held the according to the facts Amjad Khan had sufficient reason to afford a right of private defence as he had no time to have recourse to the authorities and had reasonable grounds for apprehending that either death or grievous hurt ..

Posted in Constitutional Law |   2070 hits

About Section 304A was incorporated in IPC by an amendment act 1870 which deals with death caused by rash or negligent act

 15 May 2020

Hon'ble Supreme Court of India observed as- The appellant was charged with an offence under S. 304A of the Indian Penal Code for causing the death of one Mst. Madilen by contact with an electrically charged naked copper wire which he had fixed up at ..

Posted in Constitutional Law |   1462 hits

Sheena Bora murder case

 15 May 2020

In the case of Indrani, though she filed for bail petitions and there was numerous allegations she made, there was nothing concrete in them as per the Court and was therefore, convicted with Sanjeev Khanna, who confessed to his crime and the driver w..

Posted in Criminal Law |   5842 hits

1999 Delhi hit-and-run case

 14 May 2020

The Supreme Court held that on default, the accused will have to undergo simple imprisonment for one year.Accused has to pay an amount of Rs.50 lakh to the Union of India within six months. In the case the accused was acquitted by the Supreme Court a..

Posted in Criminal Law |   3857 hits

The guilt of an accused should be proved beyond reasonable doubt by the prosecution

 13 May 2020

On 12 October 2017, the court acquitted them after 4 long years, calling the evidence against them unsatisfactory also stating that guilt of an accused should be proved beyond reasonable doubt by the prosecution. The court also severely criticised th..

Posted in Criminal Law |   1588 hits

Conviction of the appellant under section 363 of the Indian Penal Code [Take out of keeping of the lawful guardian]

 13 May 2020

The court stated that after pointing out that there was an essential distinction between the words "taking" and "enticing" it was no doubt observed that the mental attitude of the minor was not of relevance in the case of taking and that the word "ta..

Posted in Others |   1064 hits

IPC [S.302] - Mitigating factors and Death sentence - Santosh Kumar Singh vs. State through CBI (2010) 9 SCC 747

 13 May 2020

The Court identified that when a decision with regard to sentencing is to be chosen between death sentence and life imprisonment, the philosophy underlying “rarest of the rare” principle only demands the imposition of a lesser punishment. The Bench g..

Posted in Others |   1956 hits

Jessica Lal Murder Case

 12 May 2020

In the light of the above discussion, on 19 April 2010 the court held that the prosecution has established its case beyond doubt against the appellants and were in agreement with the conclusion arrived at by the High Court...

Posted in Others |   2141 hits

Conviction of the appellant under section 363 of the Indian Penal Code

 12 May 2020

The court was satisfied, upon the material on record, that no offence under S. 363 had been established against the appellant and that he is, therefore, entitled to acquittal. Accordingly they allowed the appeal and set aside the conviction and sente..

Posted in Others |   1155 hits

Death sentence for Jisha's murder convict

 12 May 2020

The court held Ameerul guilty of rape and murder under Section 302,376 and 376A of the Indian Penal Code. The neighbor’s testimony, mobile location of Ameerul at the time of murderd, DNA reports and blood samples played an essential role in the inves..

Posted in Criminal Law |   2541 hits

Analysis of judgement delivered on virtual currency

 11 May 2020

The bench consisted of Hon. Justice Rohinton Fali Nariman, Aniruddha Bose and V. Ramasubramanian has observed that the consistent stand of RBI is that they have not banned VCs and when the Government of India is unable to take a call despite several ..

Posted in Corporate Law |   1936 hits

Consensual Physical Relationship is not Rape

 11 May 2020

Short issue before the Hon’ble Supreme Court was whether the consent as alleged by the complainant in the above-mentioned facts was an result of misconception of fact i.e the consent was obtained by false promise of marriage or whether the consent wa..

Posted in Criminal Law |   1496 hits

Section 304, IPC: Causing death by negligence

 11 May 2020

It was opined that after examining all the medical papers accompanying the complaint, it was found that no case of recklessness or gross negligence had been made out against the doctor to compel him to face the trial for offence under section 304A of..

Posted in Others |   1360 hits