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Judgments and Orders

A child in conflict with law cannot be kept in jail or police lockup under any circumstances: SC

 17 February 2020

The Supreme Court issued notices to the UP State Commission for Protection of Child Rights and the Delhi Commission for Protection of Child Rights, against the manner in which children in conflict with law are being dealt with by the concerned state ..

Posted in Others |   1911 hits

State Has Solemn Constitutional Duty To Assist Court In Dispensation Of Justice; Cannot Behave Like Private Litigant: SC

 11 February 2020

It must be said right at the outset before saying anything else that the Supreme Court most recently in a recent and notable judgment titled M/S Granules India Ltd. Vs Union Of India And Others in Civil Appeal No(s). 593-594 of 2020 (Arising out of S..

Posted in Others |   1347 hits

ICJ Directs Myanmar To Take Measures To Prevent Rohingya Suicide

 11 February 2020

It is most heartening to note that the International Court of Justice (ICJ) most recently on 23 January, 2020 in The Gambia v. Myanmar in General List No. 178 has clearly and categorically directed Myanmar to take measures to prevent Rohingya suicide..

Posted in Others |   1389 hits

Courts can say only "Yes" or "No"

 10 February 2020

In the judgment of the case - State represented by the Inspector of Police v. M. Murugesan & Another, delivered on January 15, 2020, Justice L. Nageswara Rao and Justice Hemant Gupta, at the Supreme Court , have made it clear that the jurisdiction of..

Posted in Others |   1692 hits

Basic Structure of the Constitution

 10 February 2020

By a majority of 4:1, the Court held the Section 4 of the Constitution (42nd Amendment) Act, 1976 as being unconstitutional on the ground of violation of the basic structure. Similarly, the Section 55 of the Constitution (42nd Amendment) Act, 1976 wa..

Posted in Others |   1441 hits

Treatment of Performance Bonus under Section 10(13A) of the Income Tax Act 1961

 10 February 2020

In this order the ITAT has discussed and decided that performance bonus cannot be treated as salary for the purpose of calculation of exemption of HRA under section 10(13A);..

Posted in Taxation |   3048 hits

Investigation In IPC Offences Cannot Be Quashed For Non Investigation Of SC-ST Offences By Competent Police Officer: SC

 08 February 2020

It is worth noting that the Supreme Court most recently on January 17, 2020 in State of Madhya Pradesh Vs Babbu Rathore & Anr. In Criminal Appeal No(S). 123 of 2020 (Arising out of SLP (Crl.) No(S). 11369 of 2019) has clearly and convincingly observe..

Posted in Others |   1271 hits

SC Issues Slew Of Directions To Curb Air Pollution In Delhi

 06 February 2020

Who is not aware of the exceedingly high level of air pollution in Delhi which has attracted a huge media attention even in international fora? Who is not aware that Delhi which is our national capital is sitting on the keg of a huge environmental ex..

Posted in Others |  1 comments |   1409 hits

Bachan Singh vs State Of Punjab

 04 February 2020

Bachan Singh was tried and convicted and sentenced to death under Section 302, Indian Penal Code which reads as: "Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine."..

Posted in Others |   2407 hits

Landmark judgment on national judicial appointment commission

 27 January 2020

The three judges cases led to intense political debate overl the judicial control of the appointments process. The collegium system of appointment of judges to higher judiciary was criticized on various grounds like being opaque, secretive and gave j..

Posted in Others |   2114 hits

Bail - If Case Diary And Other Materials Disclose Prima Facie Case Then Bar Under Proviso To Section 43D(5) Of UAPA Will Be Attracted: Chhattisgarh HC

 24 January 2020

It is imperative to mention right at the outset that in a latest ruling, the Chhattisgarh High Court has as recently as on December 20, 2019 in Abhay Nayak v. State of Chhattisgarh in CRA No. 1213 of 2019 held quite explicitly that on reading the cas..

Posted in Others |   1629 hits

Parents Not Entitled To Claim Filial Consortium Under Motor Vehicle Act On Death Of A Married Son: Bombay HC

 22 January 2020

In First Appeal No. 1239 of 2016 with Civil Application No. 3457 of 2016 in First Appeal No. 1239 of 2016, has very rightly held that parents of a married son are not entitled to claim filial compensation under the Motor Vehicles Act. While partly mo..

Posted in Others |   1788 hits

Unfortunate That Provisions For Probation Are Not Much Utilized By Courts: Allahabad HC Grants Probation In 28 Years Old Case For Attempt To Homicide

 22 January 2020

In a latest, landmark and extremely laudable judgment titled Ramdas Harijan & Ors. Vs. State of UP in Criminal Appeal 2012 of 2003 reserved on December 11, 2019 and delivered on January 6, 2020, the Allahabad High Court has very rightly gone the extr..

Posted in Others |   1377 hits

Karnataka Legislative Assembly Case: Shrimanth Balasaheb Patil vs Honble Speaker Karnataka

 18 January 2020

The questions arising in this batch of Writ Petitions concern the importance of party politics in a democracy and the requirement to have stability within the government to facilitate good governance, as mandated under the Constitution..

Posted in Others |   5480 hits

Courts At Place Where Wife Resides After Leaving Matrimonial Home Can Entertain Complaints U/s 498A IPC: SC

 14 January 2020

It would be in the fitness of things to mention right at the outset that in a major significant development, the Supreme Court just recently on January 6, 2020 in a latest, landmark and laudable judgment titled Ruhi Vs. Anees Ahmad & Ors in Criminal ..

Posted in Others |   2027 hits

Wife Not Entitled To Maintenance If Allegation Of Adultery Is Proved Against Her: Bombay HC

 08 January 2020

As anticipated, in yet another major ruling titled Sanjivani Ramchandra Kondalkar vs 1. Ramchandra Bhimrao Kondalkar 2. State of Maharashtra in Criminal Writ Petition No. 2547 of 2016 with Criminal Writ Petition No. 2546 of 2016, the Bombay High Cour..

Posted in Others |   2198 hits

Judicial Process Should Not Be An Instrument Of Oppression Or Needless Harassment: Allahabad HC

 06 January 2020

While striking the right chord, the Allahabad High Court in a significant development has very rightly in Ranvijay Singh & Ors v State of UP & Anr in Case No. 284/2013 and Application u/s 482 cautioned the courts to be circumspect and judicious in ex..

Posted in Others |   1852 hits

Seeking Financial Assistance Can Also Constitute Demand For Dowry: SC

 04 January 2020

It must be stated forthright that the demand of money for any purpose from the wife can be termed as demand for dowry. The husband would be liable in such cases for demanding dowry even though it may not seem like dowry! This is what the Supreme Cour..

Posted in Family Law |   2015 hits

Ayodhya case: Temple at disputed site, alternative land for mosque, says SC

 09 November 2019

The Supreme Court in a unanimous verdict on Saturday cleared the way for the construction of a Ram Temple at the disputed site at Ayodhya, and directed the Centre to allot a 5-acre plot to the Sunni Waqf Board for building a mosque...

Posted in Constitutional Law |   3285 hits

KM Nanavati Vs. State Of Maharashtra On 24 November, 1961

 16 July 2019

FACTS: Nanavati was a Parsi imam who married English born Sylvia in 1931 they had two sons and a daughter and were settled in Mumbai. Being a naval officer Nanavati spent most of his time away from home and in his absence Sylvia fell in love with ..

Posted in Others |   8819 hits