Civil Procedure Code (CPC)

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Constitutional Law Judiciary

Section 489-A of IPC

 08 December 2020

The Supreme Court in this case interpreted the provisions in their strict sense as there was no ambiguity or absurdity in the sections under question. If the intention of the law maker or the legislature was to restrict the meaning of the provision t

Posted in Constitutional Law |   711 hits

Section 304B of the Indian Penal Code

 07 December 2020

The following judgment primarily deals with Section 304B of the Indian Penal Code (IPC), which criminalizes the causing of dowry death. The present case is a Special Leave Petition filed by the accused who was convicted by the High Court under the sa

Posted in Constitutional Law |   401 hits

Oamanakkuttam & Ors. v. State of Kerala (2020) - Ss. 302, 324, 326 & 308 r/w S. 34 IPC

 03 December 2020

The following judgement deals with Sections 320, 324, 326 and 308 of Indian Penal Code, 1860 read with Section 34 of Indian Penal Code, 1860, which focusses on Voluntarily causing hurt by dangerous weapons or means,Attempt to commit culpable homicide

Posted in Constitutional Law |   310 hits

Hitesh Verma v. State of Uttarakhand (2020) - Insult within 4 walls - not an offence under SC/ST Act

 03 December 2020

It is quite significant to note that the Supreme Court in a latest, landmark and laudable judgment titled Hitesh Verma vs State of Uttarakhand in Criminal Appeal No. 707 of 2020 (Arising out of SLP (Criminal) No. 3585 of 2020 delivered as recently as

Posted in Constitutional Law |   337 hits

Kailash Gupta v. CBSE (2020) - Right to have & change a name is protected under Articles 19& 21

 09 November 2020

The Delhi High Court held that in the case of Kailash Gupta v. CBSE, 2020 SCC OnLine Ker 1590, "to have a name and to express the same in the manner he wishes, is a part of the right to freedom of speech and expression under Article 19 (1) (a) as wel

Posted in Constitutional Law |   1005 hits

Arun Kumar v. State (2020) - Bail u/s 439 CrPC involving POCSO Cases

 06 November 2020

The Madurai Bench of Madras High Court in this case granted bail to the accused man who was responsible for the victim minor girl's pregnancy on the condition that he should marry her when she becomes a major. The court took into account the victim g

Posted in Constitutional Law |   718 hits

Sunil Batra v. Delhi Administration (1980) - Fundamental Rights of Prisoners

 19 October 2020

Court, in conclusion, held that Prem Chand has been tortured illegally and the Superintendent cannot absolve himself from responsibility even though he may not directly be a party. The supreme court directed the Superintendent to ensure that no corpo

Posted in Constitutional Law |   539 hits

Belize v. France - Jurisdiction of International Tribunal for the Laws of the Sea

 12 October 2020

The International Tribunal for the Laws of the Sea ruled that the documentation presented on behalf of the Grand Prince failed to establish that Belize was the flag state of the vessel when it submitted its Application Form. This Tribunal stated that

Posted in Constitutional Law |   430 hits

Zee Telefilms ltd & Anr v. UOI & Ors (2004) - Is BCCI a State?

 10 October 2020

The Supreme Court held that "the writ petition under Article 32 is maintainable only against a state defined under Article 12 of the Constitution and hence maintainable though BCCI is not a State within the meaning of Article 12."

Posted in Constitutional Law |   608 hits

DK Basu v. State of Bengal (1997) - Custodial Violence & Death by Police

 06 October 2020

The court issued a list of 11 guidelines in addition to the Constitutional and Statutory safeguards which were to be followed in all cases of arrest and detention.

Posted in Constitutional Law |   370 hits

Reg v. Govinda (1877) - Sections 299 & 300 IPC Analyzed

 06 October 2020

The Lordship had brought forward the differences between Section 299 and 300 of the IPC.The court had stated that there was absence of intention. In both, Section 299 and 300, the key element is that there should be an intention of causing the death.

Posted in Constitutional Law |   282 hits

Navtej Singh Johar & Ors v. UOI (2018) - S. 377 IPC Declared Unconstitutional

 06 October 2020

On 6 September 2018, the court delivered its unanimous verdict, declaring portions of the law relating to consensual sexual acts between adults unconstitutional.

Posted in Constitutional Law |   313 hits

State of Andhra Pradesh v. Gangula Satya Murthy (1996) - Case of Rape & Murder by Throttling of Neck

 04 October 2020

The Supreme Court mentioned that, it could not resist to express the distress that the High Court had chosen to advance fragile reasons to upset a well-reasoned conclusion by the trail court that the deceased was throttled to death

Posted in Constitutional Law |   181 hits

Mukesh & Anr v. State for NCT of Dellhi & Ors - SLP in Delhi Gangrape Case

 04 October 2020

In view of the preceding analysis, the appeal was dismissed. The Court held that the brutal, barbaric and diabolic nature of the crime was evincible from the acts committed by the accused persons.

Posted in Constitutional Law |   257 hits

Reg v. Govinda (1877) - Sections 299 & 300 IPC Analyzed

 04 October 2020

The Lordship had brought forward the differences between Section 299 and 300 of the IPC. The court had stated that there was absence of intention. In both, Section 299 and 300, the key element is that there should be an intention of causing death.

Posted in Constitutional Law |   1639 hits

Joseph Shine v. UOI (2017) - Adultery no Longer a Criminal Offense

 04 October 2020

The judgement given by CJI Deepak Mishra started with the statements proving that wives are not the property of the husbands and husbands are not their masters.

Posted in Constitutional Law |   186 hits

Kumar Sursen v. State of Bihar (2020) - Adoption of Muslim Child by Hindu Parents

 03 October 2020

When considering all the matters in-depth, the court noted that Section 6 of the Hindu Adoption and Maintenance Act, 1956, permits the adoption of a Hindu child alone by a Hindu. The law does not accept the adoption of any person other than a Hindu b

Posted in Constitutional Law |   391 hits

Shrinivas Krishnarao Kango v. Narayan Devji Kango & Ors (1954) - Child Becomes Natural Heir After Adoption

 03 October 2020

It was held by the court that in cases where a child was adopted, the effect of adoption is such that it creates a legal fiction and the child becomes the natural heir. Where an adoption is such that it relates back and makes him eligible for all the

Posted in Constitutional Law |   402 hits

Shabnam Hasmi v. UOI & Ors (2005) - Section 41 J J Act

 03 October 2020

The judgment of Shabnam Hashmi provided the adoption as the Fundamental Right. It was permitted that any person irrespective of religion can adopt a child under the Juvenile Justice (Care and Protection of Children) Act, 2000. s

Posted in Constitutional Law |   523 hits

Sawan Ram & Ors v. Kala Wanti & Ors (1967) - Effect of Adoption of Son by Widow

 03 October 2020

The adoption of Deep Chand was challenged as fictitious and ineffective. It was further urged that even if the adoption was valid, Deep Chand became the adopted son of Smt. Bhagwani and could not succeed to the properties of Ramji Dass. The appellant

Posted in Constitutional Law |   634 hits






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