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Others Judiciary

Case Analysis of: Kalawati vs. Maharashtra

 17 July 2020

In view of the credible and cogent evidence of PW1 and the dying declaration, we find no merit in the present appeal which deserves dismissal, which we direct...

Posted in Others |   861 hits

Section 17: Sahoo v. State of UP

 17 July 2020

The Court was satisfied with the series of circumstantial evidences and held that the extra judicial confession made by the appellant was proved beyond doubt by the prosecution. The oral statement made by the accused was admissible under Section 17 ..

Posted in Others |   13999 hits

The burden of proof lies on the accused to show that he/she was not present at the scene of crime

 17 July 2020

It was also observed that, even though it has been argued by the Appellant that he was not present at the time of the incident, no plea has been raised and no evidence has been furnished by him support his alibi. The burden of proof to prove his plea..

Posted in Others |   601 hits

[Motor Vehicles Act] Person In Whose Name Vehicle Stands Registered On The Date Of Accident To Be Treated As Owner: SC

 16 July 2020

In a fresh development, the Supreme Court just recently on June 18, 2020 in a latest, landmark and extremely laudable judgment titled Surendra Kumar Bhilawe vs The New India Assurance Company Limited in Civil Appeal No. 2632 of 2020 (Arising out of S..

Posted in Others |   519 hits

Unilateral withdrawal of mutual consent after time limit has elapsed

 15 July 2020

After hearing the views of the parties, the honourable city civil judge (the trial court) dismissed the petition for divorce by mutual agreement. In an appeal filed by the husband, a learned single judge of the Gujarat High Court, examined all releva..

Posted in Others |   1549 hits

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 |   814 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 |   1307 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 |   802 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 |   581 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 |   656 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 |   1199 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 |   793 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 |   779 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 |   1118 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 |   610 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 |   685 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 |   6609 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 |   436 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 |   450 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 |   2755 hits







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