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Others Judiciary

A measure of social justice specially enacted to protect and inhibit neglect of women, children, the old and infirm, and falls within the Constitutional sweep of Article 15(3) reinforced by Article 39

 14 July 2020

Section 125 CrPC, is a measure of social justice and has been specifically adopted to protect women and children falls within the constitutional sweep of Article 15(3) reinforced by Article 39...

Posted in Others |   792 hits

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 |   1287 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 |   771 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 |   564 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 |   642 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 |   1175 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 |   772 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 |   763 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 |   1085 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 |   594 hits

Animal welfare and rights

 09 July 2020

The court as upheld the right to life of an animal, on moral, ethical, biological and religious grounds. The court was of the view that animals cannot be torutured on the grounds of human pleasure...

Posted in Others |   666 hits

Chiranjit Lal Chowdhuri vs The Union Of India And Others

 09 July 2020

Any act formulated must follow the proprtionality test and the Wednesbury principles in order to fall within the constitutional ambit of Article 14. The Act here is appropriate and necessary as per the proprtionality test and also reasonable, devoid ..

Posted in Others |   6541 hits

Whether the sentence of death penalty can be awarded in murder cases or life imprisonment with respect to both CrPC and Army Act

 09 July 2020

The court dismissed the petition accepting the above merits of the defendant, and looking into the brutality with which the crime was committed. The doctrine of proportionality was applied and within the purview of the Court martial, the sentence was..

Posted in Others |   424 hits

Whether civilian defense personnel are members of the Armed Forces of the Union

 09 July 2020

The Court referred to the Supreme Court and elaborated that the expression “Armed Forces” has been used to include, non-combatants who though not subject to military law but are a part of the Armed Forces though Section 2 of the Act does not provide ..

Posted in Others |   440 hits

Freedom of Press in the light of reasonable restrictions

 08 July 2020

Finally, it was decided by the court that the fundamental right of press cannot be snatched, merely on the grounds of apprehension of danger. The court takes a narrow interpretation of the restrictions, in comparison to the freedoms enlisted in claus..

Posted in Others |   2700 hits

Concept of gender equality at the workplace

 08 July 2020

Upon hearing the parties the Court held that, it is an accepted judicial principle that, fundamental rights are enforceable only against the State but in the present case the respondent Association is registered under the Trade Unions Act, 1926 and t..

Posted in Others |   488 hits

Whether the correspondence between the Law Minister, Chief Justice of Delhi and Chief Justice of India, and the relevant notes made by them in regard to the non-appointment of a judge for a further term and the transfer of a High Court Judge privileged from disclosure

 07 July 2020

The concept of autonomy of the judiciary may be a respectable concept which inspires the constitutional scheme and constitutes the foundation on which rests the edifice of our democratic nation. In case there's one guideline which runs through the wh..

Posted in Others |   387 hits

Whether the Paryaya system, the practices carried by the temple is an essential practice and whether this practice falls under the ambit of freedom of religion

 07 July 2020

An essential practice should be essentially religious in practice. It should be essentially religious in nature. If it is essentially religious in nature the state does not have any authority to comment on it or to regulate it, except, where there ar..

Posted in Others |   487 hits

Whether remission under CrPC can be applied to special laws such as the Army Act to waive time from imprisonment

 07 July 2020

The court allowed the appeal and held that since the convict did not complete 14 years of actual imprisonment, he is liable to complete the same...

Posted in Others |   581 hits

Triple Talaq Verdict

 07 July 2020

This case was a notable decision because it keeps up the trust and faith of the individuals in the judiciary, as in this case, "Equity and justice has overcome religion". This claim was breakthrough point in legal history because it was bold, strong,..

Posted in Others |   580 hits