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Judgments and Orders

Judicial Officer's Integrity Must Be Of A Higher Order And Even A Single Aberration Is Not Permitted: SC

 11 March 2020

In a latest, landmark and extremely laudable judgment titled Arun Kumar Gupta Vs State of Jharkhand & Anr in Writ Petition (Civil) No. 190 of 2018 with Writ Petition (Civil) No. 391 of 2018, a two Judge Bench of the Apex Court comprising of Justice L..

Posted in Others |   1445 hits

How Important is the Conduct of a Plaintiff in Case of Specific Performance

 03 March 2020

The conduct of a plaintiff is very crucial in a suit for specific performance..

Posted in Others |   1709 hits

HC Cannot Quash Criminal Proceedings On Basis Of Its Assessment Of Statements Recorded Under Section 161 CrPC: SC

 25 February 2020

In a latest development, we saw just recently how the Supreme Court in a recent judgment titled Rajeev Kourav Vs. Baisahab And Ors. in Criminal Appeal No. 232 of 2020 (Arising out of S.L.P. (Cri.) No. 1174 of 2017) delivered on February 11, 2020 has ..

Posted in Others |   2199 hits

SC Directs Parties To Make Public Info On Tainted Candidates

 22 February 2020

In a most welcome judgment with far-reaching implications, the Supreme Court just recently while exercising its inherent jurisdiction in a noteworthy judgment titled Rambabu Singh Thakur Vs Sunil Arora & Ors. in Contempt Pet. (C) No. 2192 of 2018 in ..

Posted in Others |   1995 hits

Credibility Of Witness Can Be Established Only After Cross Examination By The Accused: Allahabad HC

 22 February 2020

It has been very rightly reiterated once again like always in a latest judgment titled Rekha Vs. State of UP and Anr. in Application U/S 482 No. 43580 of 2019 With Manoj Vs. State of UP and Anr. in Application U/S 482 No. 43493 of 2019 reserved on No..

Posted in Others |   1676 hits

Accused Cannot Be Convicted Of Rape On Basis Of Sole Testimony Of Prosecutrix Unless Her Testimony Is Of "Sterling Quality": SC

 21 February 2020

In a latest, landmark and extremely laudable judgment titled Santosh Prasad @ Santosh Kumar Vs State of Bihar in Criminal Appeal No. 264 of 2020 (Arising out of SLP (Criminal) No. 3780/2018) delivered just recently on February 14, 2020, the Supreme C..

Posted in Others |   1951 hits

Bombay HC Fines Cop Rs 1 Lakh Each To Two Petitioners For Illegal Detention

 21 February 2020

It is most heartening, most pleasing and most refreshing to learn just recently that the Nagpur Bench of Bombay High Court on December 17, 2019 in a notable and recent judgment titled 1. Kishor S/o Laxmanrao Futane, Age 57 years, Occ. Business, R/o S..

Posted in Others |   1572 hits

SC critical of 'casual' State

 21 February 2020

Quite recently, in the judgment of the case – M/s Granules India Ltd. v. Union of India and Others, delivered on January 23, 2020, Justice Navin Sinha and Justice Krishna Murari, at the Supreme Court, have voiced the Court’s “considered opinion” that..

Posted in Others |   1454 hits

Mandatory Time Line For Filing Written Statement Is Not Applicable To Non-Commercial Suits: SC

 19 February 2020

In a significant development, the Supreme Court most recently on January 20, 2020 in a latest, landmark and laudable judgment titled Desh Raj Vs Balkishan (D) Through Proposed LR Ms. Rohini in Civil Appeal No. 433 of 2020 [Arising out of Special Leav..

Posted in Others |   1639 hits

People Have Right To Criticize Dispensation Running The Country, Being Legislature, Executive Or Judiciary: Calcutta HC

 18 February 2020

It is most pleasing, most refreshing and most heartening to note that the Calcutta High Court just recently on December 3, 2019 in a notable judgment titled Sanmay Banerjee Vs. State of West Bengal and others in W.P. No. 21526(W) of 2019 in exercise ..

Posted in Others |   1378 hits

A child in conflict with law cannot be kept in jail or police lockup under any circumstances: SC

 17 February 2020

The Supreme Court issued notices to the UP State Commission for Protection of Child Rights and the Delhi Commission for Protection of Child Rights, against the manner in which children in conflict with law are being dealt with by the concerned state ..

Posted in Others |   1826 hits

State Has Solemn Constitutional Duty To Assist Court In Dispensation Of Justice; Cannot Behave Like Private Litigant: SC

 11 February 2020

It must be said right at the outset before saying anything else that the Supreme Court most recently in a recent and notable judgment titled M/S Granules India Ltd. Vs Union Of India And Others in Civil Appeal No(s). 593-594 of 2020 (Arising out of S..

Posted in Others |   1301 hits

ICJ Directs Myanmar To Take Measures To Prevent Rohingya Suicide

 11 February 2020

It is most heartening to note that the International Court of Justice (ICJ) most recently on 23 January, 2020 in The Gambia v. Myanmar in General List No. 178 has clearly and categorically directed Myanmar to take measures to prevent Rohingya suicide..

Posted in Others |   1328 hits

Courts can say only "Yes" or "No"

 10 February 2020

In the judgment of the case - State represented by the Inspector of Police v. M. Murugesan & Another, delivered on January 15, 2020, Justice L. Nageswara Rao and Justice Hemant Gupta, at the Supreme Court , have made it clear that the jurisdiction of..

Posted in Others |   1653 hits

Basic Structure of the Constitution

 10 February 2020

By a majority of 4:1, the Court held the Section 4 of the Constitution (42nd Amendment) Act, 1976 as being unconstitutional on the ground of violation of the basic structure. Similarly, the Section 55 of the Constitution (42nd Amendment) Act, 1976 wa..

Posted in Others |   1407 hits

Treatment of Performance Bonus under Section 10(13A) of the Income Tax Act 1961

 10 February 2020

In this order the ITAT has discussed and decided that performance bonus cannot be treated as salary for the purpose of calculation of exemption of HRA under section 10(13A);..

Posted in Taxation |   2939 hits

Investigation In IPC Offences Cannot Be Quashed For Non Investigation Of SC-ST Offences By Competent Police Officer: SC

 08 February 2020

It is worth noting that the Supreme Court most recently on January 17, 2020 in State of Madhya Pradesh Vs Babbu Rathore & Anr. In Criminal Appeal No(S). 123 of 2020 (Arising out of SLP (Crl.) No(S). 11369 of 2019) has clearly and convincingly observe..

Posted in Others |   1209 hits

SC Issues Slew Of Directions To Curb Air Pollution In Delhi

 06 February 2020

Who is not aware of the exceedingly high level of air pollution in Delhi which has attracted a huge media attention even in international fora? Who is not aware that Delhi which is our national capital is sitting on the keg of a huge environmental ex..

Posted in Others 1 comments |   1389 hits

Bachan Singh vs State Of Punjab

 04 February 2020

Bachan Singh was tried and convicted and sentenced to death under Section 302, Indian Penal Code which reads as: "Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine."..

Posted in Others |   2337 hits

Landmark judgment on national judicial appointment commission

 27 January 2020

The three judges cases led to intense political debate overl the judicial control of the appointments process. The collegium system of appointment of judges to higher judiciary was criticized on various grounds like being opaque, secretive and gave j..

Posted in Others |   2081 hits