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Judgments and Orders

The peculiar case of ADM Jabalpur Vs. Shivkant Shukla

 30 April 2020

It has been 44 years since the landmark judgement of ADM Jabalapur v. Shivkant Shukla[1] was delivered. The inception of this case can be traced back to the judgement of Allahabad High court in another landmark case of State of Uttar Pradesh v. Raj N..

Posted in Others |   1008 hits

Case of Lily Thomas V Union of India

 30 April 2020

A Hindu man cannot convert to Islam to simply contract to a second marriage, without any real change of belief or to simply avoid his first marriage. If he does so, his second marriage would be held void and he would be prosecuted under section 494 I..

Posted in Others |   1217 hits

Wife cannot invoke a writ against Builder or Development Authority to enforce Right to Matrimonial Home

 30 April 2020

In the case of Aishwarya Pusalkar v. State of Maharashtra, the Supreme Court on 27th April held that wife cannot invoke a writ against Builder or Development Authority to enforce Right to Matrimonial Home, if the husband is not allowing her to reside..

Posted in Property Law |   1229 hits

North Sea Continental Shelf cases (Germany vs. Denmark and Germany vs. Netherlands)

 28 April 2020

Dispute related to the delimitation of the continental shelf between the Federal Republic of Germany and Denmark on the one hand, and between the Federal Republic of Germany and the Netherlands on the other. The Parties asked the Court to state the p..

Posted in Others |   1683 hits

Elected Representatives Cannot Have A Right To Claim That A Particular Employee Be Posted At A Particular Station: HP HC

 13 April 2020

It is most heartening, most reassuring and most refreshing to learn that the Himachal Pradesh High Court most recently on March 18, 2020 in a latest, landmark and extremely laudable judgment titled Sunita Devi Vs. State of H.P. & Ors. in CWP No. 1978..

Posted in Others |   1689 hits

Question of law can be brought before SC at any stage

 13 April 2020

In a recent judgment in K Lubna v Beevi, the Supreme Court (SC) upheld that a pure question of law can be examined at any stage even before the SC if the foundation of the fact has already been laid. The examination of the legal consequences of such ..

Posted in Civil Law |   2945 hits

Singapore HC judgement on S.377A

 07 April 2020

The following judgement deals with section 377A of the Penal Code of Singapore which criminalizes the act of gross indecency between male persons. The question before the High Court of Singapore for consideration was whether section 377A is constitut..

Posted in Others |   2198 hits

SC Directs Navy To Grant Permanent Commission For Serving Women SSC Officers

 03 April 2020

In continuation of the convincing, courageous and commendable judgment delivered by the same Division Bench of Apex Court comprising of Justice Dr DF Chandrachud and Justice Ajay Rastogi on February 17, 2020 that favoured the extension of permanent c..

Posted in Others |   1703 hits

IPR (Trademark)

 01 April 2020

The judgment was counted amongst one of the torch-bearing judgments in the cases involving passing off. Due application of mind and reason has been exhibited in the case...

Posted in Others |   1730 hits

Increasing toll of custodial deaths and tortures in the police lock-ups

 01 April 2020

The basic observation of the court was that the main objective behind some legal and constitutional provisions is to safeguard people from any type of torture, assault, and brutality. The rudimentary human rights or right to liberty and dignity must ..

Posted in Others |   1739 hits

Power of Magistrate u/s 178(3) CrPC viz. a viz. Extra Ordinary Jurisdiction of High Court under Article 227 of Constitution of India to order further investigation

 01 April 2020

Issue raised before Hon’ble Supreme Court in Vinubhai Haribhai Malaviya Vs The State of Gujarat 2019. SCC OnLine SC 1346, was whether post-cognizance a Magistrate would have no power to order further investigation into an offence? In short, question ..

Posted in Criminal Law |   7486 hits

Delhi HC Issues Directions For Streamlining The Recording Of Victims/Witnesses Testimonies Of Foreign Nationals In Cases Of Sexual Assault

 27 March 2020

It is good to learn that while unambiguously highlighting the inevitable and invaluable importance of efficient recording of witness testimonies in a criminal trial, the Delhi High Court most recently in a latest, landmark and extremely laudable judg..

Posted in Others |   2063 hits

Death By Rash Driving: Delhi HC Holds Debarment From Obtaining Driving Licence For Life As Excessive Sentence

 27 March 2020

In a balanced, brilliant and bold decision, the Delhi High Court has just recently on March 12, 2020 in a latest, landmark and extremely laudable 15-page judgment titled Sunil Kumar Mishra vs. State in Crl. Rev. P. 494/2017 which is pertaining to dea..

Posted in Others 1 comments |   1998 hits

Refugee Can Pursue Claim For Damages Against Government For Illegal Detention: UK SC

 25 March 2020

In a fresh development with far reaching consequences, the United Kingdom (UK) Supreme Court has most recently, most remarkably and most rightly held in a latest, landmark and extremely laudable judgment titled R (on the application of DN (Rwanda)) (..

Posted in Others |   1495 hits

Sexual Harassment At Workplace Is An Affront To Women's Fundamental Rights: SC

 25 March 2020

While displaying zero tolerance for sexual harassment of women at workplace, the Supreme Court Bench comprising of Justice Dr DY Chandrachud and Justice Ajay Rastogi have just recently on February 25, 2020 in a notable judgment titled Punjab and Sind..

Posted in Others |   1636 hits

JK HC Decides if the Forces can Use Pellet Guns Against the Protestors!

 25 March 2020

In a very significant development, the Jammu and Kashmir High Court in a latest, landmark and extremely laudable judgment titled J&K High Court Bar Association v. Union of India & ors. in WP(C) (PIL) no. 14/2016 reserved on February 10, 2020 and pron..

Posted in Others |   1169 hits

SC Shatter Armour Plated Ceiling By Holding Women Eligible For Command Posts

 17 March 2020

The long gruelling, nerve wracking and nail biting legal battle fought by women officers for gender equality finally very rightly ended in their favour as Supreme Court just recently on February 17, 2020 in a latest, landmark and extremely laudable j..

Posted in Others |   1404 hits

MP HC Issues Directives/Suggestions To Curb 'Plastic Pollution'

 17 March 2020

It is most heartening, most consoling and most refreshing to learn that the Madhya Pradesh High Court just recently on February 26, 2020 in a latest, landmark and extremely laudable judgment titled 'Gaurav Pandey Vs Union of India and Others' in Writ..

Posted in Others |   1262 hits

Offence Under SC/ST Act Is Made Out When Offence Is Perpetrated In Public: Allahabad HC

 13 March 2020

In a significant development, the Allahabad High Court just recently on February 18, 2020 has pronounced explicitly in a noteworthy judgment titled “K.P.Thakur And Another Vs. State of U.P. And Another” in Application U/S 482 No. - 40418 of 2012 that..

Posted in Others |   1485 hits

Bail Applications Need To Be Disposed Of Expeditiously And Finally: SC

 11 March 2020

At the outset, it has to be said with a considerable degree of satisfaction that in a significant development with far reaching consequences, the Supreme Court has very strongly once again while expressing its strongest 'disenchantment, displeasure a..

Posted in Others |   1862 hits