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Judgments and Orders

Nithari Killings

 20 May 2020

Two Nithari residents claimed in December 2006 that they knew where the remains of children who had gone missing in the previous two years were located: the municipal water tank behind the building. Both had missing daughters and they suspected Surin..

Posted in Criminal Law |   3212 hits

Sports Arbitration

 20 May 2020

The panel was satisfied to accept that a simple internet search would have revealed that Decadurabolin contains Nandrolone and that it is an anabolic steroid, but that the Player did not take any such precaution. Likewise, the Player does not contend..

Posted in Others |   955 hits

Special laws prevail over general laws

 20 May 2020

The Calcutta high court held that the right of the central government for appointing an Arbitrator stands forfeited as the plaintiff invoked his power under Section 11 of the Arbitration Act. ..

Posted in Others |   858 hits

Court's express concern over plight of migrant workers: Arduous journey back home

 19 May 2020

Even after the orders and directions given by various High Courts and the apex court, the fatalities among this vulnerable section have not stopped. On 16th May a road accident claimed the lives of 35 migrant workers where in one incident two trucks ..

Posted in Others |   616 hits

POCSO act will cover adults who faced sexual harassment as a minor: Andhra Pradesh HC

 19 May 2020

Andhra Pradesh High Court delivered a major verdict ruling that if a minor has been a victim sexual harassment till majority or files a case in the matter after attaining majority, the accused in such cases must be tried under the Protection of Child..

Posted in Others |   1071 hits

Attempt to commit suicide [Section 309 IPC]

 19 May 2020

A woman of age 20 years was tried for sec 302 and 309 of the Indian Penal Code. She wanted to go to her parental home, because her husband gave a beating to her. Therefore, she left matrimonial house in the night. While running, she turned around in ..

Posted in Others |   966 hits

Whether it is the right of a woman to reside in her matrimonial house

 19 May 2020

The court held that the woman had a right to reside in her matrimonial home or shared household. It stated that the object of the Domestic Violence Act was enacted to secure the right of a woman to reside in her matrimonial home. The court also state..

Posted in Family Law |   1329 hits

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 |   1380 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 |   1313 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 |   707 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 |   6462 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 |   2133 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 |   6023 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 |   1337 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 |   2124 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 |   1499 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 |   5878 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 |   3877 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 |   1598 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 |   1092 hits