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Rights Of Persons With Disability Act Not An Embargo On Exercise Of Parens Patriae Jurisdiction By HC Under Article 226

   02 November 2021 at 15:46

Key Takeaways The "wills and preferences" of a mentally ill person have to be considered by the Court in deciding how care is to be given. Credence has to be given to the views of the person with mental illness to the extent that the person ..

Posted in Others |   133 Views


The Embargo For Grant Of Bail Under Section 43 D (5) Of The Unlawful Activities Prevention Act Will Not Be Attracted If The Charge Sheet Does Not Reveal A Prima Facie Case

   02 November 2021 at 15:46

Key Takeaways “After perusing the charge sheet, if the Court is unable to draw such a prima facie conclusion, the embargo created by the proviso will not apply" “The Court has to examine the material forming a part of the charge shee ..

Posted in Others |   216 Views


Justice D Y Chandrachud: Awareness Of Women’s Rights Can Be Truly Meaningful If It Is Created Among Our Society’s Younger Generation Of Men

   02 November 2021 at 15:46

Key Takeaways It is critical to raise legal awareness among women about how to enter the workforce in the first place. There must be an intersectional approach to discrimination and violence which women faceObservation It is critical that we recogniz ..

Posted in Others |   205 Views


Mere Dispatch Of Public Analyst's Report To Accused Not A Sufficient Compliance Of Mandatory Requirement To Serve It On Him

   02 November 2021 at 15:46

Key Takeaways Mere dispatch of the report of a public analyst to the accused is not sufficient compliance with the requirement of subsection (2) of Section 13 of the Prevention of Food Adulteration Act, 1954, to serve the report on him/her.Observatio ..

Posted in Others |   116 Views


Failure To Communicate Rejection Of Detenu's Representation In Time Bound Manner Will Vitiate Detention Order

   01 November 2021 at 17:24

Key Takeaways Failure of Government to communicate rejection of a detenu's representation in a time-bound manner is sufficient to vitiate the order of detention passed under National Security Act.Background The accused, in this case, was arrested ..

Posted in Others |   122 Views


Proceedings Under Section 138 NI Act For Dishonoured Cheques Issued As Security

   01 November 2021 at 10:27

Key Takeaways This is the case of Sripati Singh (deceased) through son Gaurav Singh v. State of Jharkhand & Anr. The respondent approached the appellant and sought financial assistance for Rs. 1 Crore. The respondent submitted cheques as security ..

Posted in Others |   867 Views


Notice To Victim Under Section 15A In Court Proceedings Against Accused Is Mandatory

   01 November 2021 at 10:27

Key Takeaways The Supreme Court observed that the victim must be notified about the proceedings made against the accused under Section 15A of the SC-ST (Prevention of Atrocities) Act and it is a mandatory requirement. The Bench consisting of Justices ..

Posted in Others |   233 Views


Mere Support To Terrorist Organization Without Intention To Further Its Activities Does Not Attract Section 38/39 UAPA

   30 October 2021 at 15:30

Key Takeaway The Supreme Court while delivering a judgement in the case of Thwaha Fasal V. Union of India stated that mere support or association with a terrorist organization is not sufficient to attract offences under Section 38 and 39 of the Unlaw ..

Posted in Others |   210 Views


Bombay High Court Grants Bail To Aryan Khan & 2 Others In Cruise Ship Drug Case

   30 October 2021 at 15:30

Key Takeaways The Bombay High Court has granted bail to Aryan Khan, Arbaaz Merchantt, and Munmun Dhamecha.Background The three were arrested by the Narcotics Control Bureau (NCB) following a raid on board a luxury cruise off the coast of Mumbai and w ..

Posted in Others |   68 Views


Firecrackers Regulation Not Against Any Particular Festival Or Community: Supreme Court

   30 October 2021 at 15:30

Key Takeaways Responsibility must be entrusted to authorities who have been given the right to implement the order on the ground. The right to life of other citizens cannot be infringed under the guise of employment while considering a ban on firecra ..

Posted in Others |   108 Views