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The case which turned the course of custodial deaths in India

 24 June 2020

Before the judgment, there was no structured formulation to grant compensation in case of custodial deaths. There were numerous cases where no or very little compensation was granted in such cases. The decision in Nilabati Behara v. the State of Oris

Posted in Others |    0 comments |   100 hits


Honour Killing and the need to issue guidelines governing it

 24 June 2020

Honour killing is a social evil that undermines the development of a society. Judicial pronouncements as in the present case and penal laws acts as a tool to evict such evils from the society.

Posted in Criminal Law |    0 comments |   65 hits


Difference b/w assignment and licence

 24 June 2020

It can be concluded from the present judgment that the terms “assignment” and “licence” are distinct and not interchangeable. Section 19 of the Copyright Act mentions the conditions to be fulfilled for the assignment of copyright whereas Section 30 o

Posted in Others |    0 comments |   94 hits


Difference between the breach of confidentiality and copyright law

 24 June 2020

The present case puts forward the principle of breach of confidentiality very explicitly in the case of copying a concept or creative idea.

Posted in Others |    0 comments |   61 hits


Making of copies under Section 14(D)

 24 June 2020

It is concluded from the present judgment that the exclusive right available to the copyright owner under Section 14(d) of the Act is to copy the recording of a film. It is, therefore, clear that the expression ‘to make a copy of the film’ means maki

Posted in Others |    0 comments |   57 hits


Is Article 16 (4) an exception of article 16 (1) or not

 24 June 2020

The 9 judges Constitution Bench of the Supreme Court held that the backward classes in Article 16(4) can be identified only by the caste system & not only on economic basis. The Article 16(4) is not an exception of Article 16(1) and it is a classific

Posted in Constitutional Law |    0 comments |   57 hits


Can a citizen waive off its fundamental rights

 24 June 2020

Justice Sudhi Ranjan Das observed that the language of Article 14 is a command issued by the Constitution, rather than a right, to the State to implement its objective by safeguarding the equality that every welfare State, such as India, is supposed

Posted in Constitutional Law |    0 comments |   57 hits


Elusive Compensation

 23 June 2020

According to the SC, the HC also erred in granting a sum of Rs 50,000/- only towards future medical expenses. The SC has pointed out that the appellant would require 3 more replacement of the artificial left leg during his life time. The SC considere

Posted in Others |    0 comments |   88 hits


Whether Petition can be filed by a wife under Section 125 of CrPC when permanent alimony has already been granted under Section 25 of the Hindu Marriage Act

 23 June 2020

The Supreme Court observed that a petition filed by a wife under Section 125 of CrPC who was earlier granted permanent alimony under Section 25 of Hindu Marriage Act, cannot be entertained.

Posted in Family Law |    0 comments |   147 hits


Whether evidence can be recorded by video conferencing in a criminal trial

 23 June 2020

The Court held that evidence can be recorded by way of video conferencing relying on Section 273 with a different view, stating that where a witness is willing to give evidence an official of the Court can be deported to record evidence on commission

Posted in Criminal Law |    0 comments |   67 hits


Whether order of maintenance could sustain in the absence of any act of Domestic Violence

 23 June 2020

The High Court took note of the submissions made by the husband that he shall continue to pay Rs 5,000 per month for a limited period for the wife and minor son. Resultantly, the Court allowed the petition and quashed the impugned order.

Posted in Family Law |    0 comments |   47 hits


Whether wife living separately could file a case against parents-in law

 23 June 2020

The High Court has held that if wife and husband laves the share households to establish their own household, the domestic relationship comes to an end in respect of parents and therefore complaint under DV Act cannot be maintained against them.

Posted in Family Law |    0 comments |   52 hits


Power of the parliament to amend the constitution is limited by the constitution

 23 June 2020

Petitioner No 1 which is a limited company owned a textile undertaking called Minerva Mills situated in the State of Karnataka. This sick textile mill was nationalised and taken over by the Central Government under the provisions of the Sick Textile

Posted in Constitutional Law |    0 comments |   60 hits


Creation of a Basic Structure: Fundamental Rights may be amended by the Parliament. But not all of them

 23 June 2020

To what extent could the Constitution be amended after the passage of the 24th Amendment? Whether the ‘power’ (no longer merely the procedure) to amend the Constitution was subject to any restrictions, implied or express, after the 24th amendment.

Posted in Constitutional Law |    0 comments |   47 hits


All laws added after the Keshavnanda Bharati decision could be examined on grounds of violation of Articles 14, 19 and 31

 23 June 2020

Chandrachud, J held that in a sense, the relationship between fundamental rights and directive principles can be understood as the inherent tension between a dynamic objective (the just society contemplated by the Fundamental Rights) and a static and

Posted in Constitutional Law |    0 comments |   57 hits


Case Analysis of: Fatma Bibi Ahmed Patel vs. State of Gujarat and Ors.

 23 June 2020

Section 188 CrPC deals with offences committed outside India. In the present case it was held by the Supreme Court that if the accused is not an Indian citizen and the crime committed overseas, then none of the conditions given under Section 4 of the

Posted in Others |    0 comments |   87 hits


39th Amendment was held unconstitutional as it did away with judicial review

 22 June 2020

The clause (4) of Article 329A was struck down on the ground that it violates the principle of free and fair elections which is an essential postulate of democracy and which in its turn is a part of the basic structure of the Constitution

Posted in Constitutional Law |    0 comments |   91 hits


Court cannot be deprived of their power of judicial review

 22 June 2020

The Supreme Court unanimously held that amendments adding new laws in 9th Schedule after Keshavnanda judgment in 1973 were subject to basic structure requirement but fundamental rights especially Articles 14, 15, 19 and 21 are parts of basic structur

Posted in Others |    0 comments |   105 hits


Whether husband entitled to pay maintenance even if wife is well educated

 22 June 2020

The Supreme Court held that the husband is entitled to pay maintenance even if the wife is well educated and enhanced the maintenance amount to Rs.25,000.

Posted in Family Law |    0 comments |   64 hits


Whether estranged wife or live-in-partner can claim maintenance under the Domestic Violence Act

 22 June 2020

The court held that maintenance can be claimed under the provisions of the Protection of Women from Domestic Violence Act, 2005 (Domestic Violence Act) even if the claimant is not a legally wedded wife and therefore not entitled to claim of maintenan

Posted in Family Law |    0 comments |   51 hits










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