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Introduction  Section 91 of the Criminal Procedure Code (CrPC) of India deals with the powers of a court to issue summons or warrant for the production of a document or electronic record. According to this section, if a court is satisfied that any document produced before it is relevant, it can require the production of any other document from any person which is in his possess..

WHAT DID THE COURT SAY? In Sr. Sephy v. CBI & Ors., the Delhi HC held that the virginity test of Sister Sephy, an accused in the 1992 Sr. Abhaya murder case is unconstitutional.  A Single Judge Bench of Justice Swarana Kanta Sharma called it to be a violation of fundamental rights under Article 21 of Constitution of India.  The Ld. Court a..

WHAT DID THE COURT SAY? In Rabi Saha @ Sarkar v. State of West Bengal, the Calcutta HC held that taking off a minor victim's pants when she herself refused to do so would amount to an attempt to commit the offence of rape.  A Single Judge Bench of Justice Ananya Bandyopadhyay noted that removing the undergarment of a minor and then forcing her to lie down..

When did the Indian Penal Code receive the assent of the Governor General? 6th October 1860 Landmark judgements relating to attempt and preparation  R v. Francis (to be r/w section 511) Abhay Anand Mishra v. State of Bihar Malkiat Singh v. State of Punjab Om Prakash v. State of Punjab W..

Introduction Order XIX of the Code of Civil Procedure (CPC) in India lays down the provisions regarding the production of documents and affidavits in a civil lawsuit. The order governs the process of filing and serving documents and affidavits in a court of law, and the procedure for their examination and use as evidence in the case. According to Order XIX, the parties to ..

WHAT DID THE Court SAY? In S v. V, the Madras High Court noted that grounds for dissolution of a marriage are of continuing nature which means that a subsequent divorce petition cannot be said to be hit by res judicata. A single judge bench of Justice GK Ilanthiraiyan held that the cause of action in the subsequent petition was different from the first one. ..

WHAT DID THE Court SAY? In Jagrati Trade Services Pvt Ltd v. Deepak Bhargava & Ors., the Calcutta HC observed that after the 2015 Amendment Act, the powers of an Arbitrator with regards to granting interim measures u/s 17 of the of the Arbitration and Conciliation Act, 1996 (A&C Act), are on equal footing with the Court’s power u/s 9 of the Act.  l..

Introduction  The AIBE (All India Bar Examination) is an entrance test for aspiring lawyers in India, conducted by the Bar Council of India. The test is designed to assess the knowledge and skills of candidates in various subjects relevant to the practice of law. The subjects covered in the AIBE include the Constitution of India, Contract and Torts, Criminal Law, International ..

WHAT DID THE SC SAY? In Maharashtra State Financial Corporation Ex-Employees Association & Ors. v. State of Maharashtra & Ors., the Supreme Court held that those employees who retired under the Voluntary Retirement Scheme (VRS) are not at pari passu with those who retired after achieving the age of superannuation in the context of pay revision. A Division Bench com..

WHAT DID THE SC SAY? In Anushka Rengunthwar & Ors. v. Union of India & Ors., the Supreme Court held that the 2021 notification issued by the Union Government related to taking away of rights of Overseas Citizens of India (OCI) category students from applying under the general category will apply only prospectively. As per this notification, the OCI student..

INTRODUCTION  The Supreme Court and different High Courts have issued several significant decisions in the last year. In January this year, decisions dealing with demonetization, guidelines discriminating between married and unmarried daughters in violation of Article 14, and cancellation of default bail based on the merits of the filed chargesheet were issued. This article exp..

Introduction: In Indian homes, the word "dowry" is quite pervasive and ubiquitous. It is a practise that has infected Indian society as a parasite and undermined the lovely institution of marriage. It is not a recent practise but has been practised for centuries, and because of the impact it has on Indian society, one can try to lessen it but not completely remove it. A nu..

Introduction  The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is an Indian law that provides for the maintenance and welfare of senior citizens and parents who are unable to maintain themselves. This act applies to all citizens of India regardless of religion, race, caste, or gender. Under this act, a senior citizen or parent who is unable to maintain thems..

Malayalam journalist Siddique Kappan finally set free after both the Supreme Court and the Allahabad High Court gave him relief in a terror and sedition case and a money laundering case respectively.  Kappan was arrested on October 5, 2020 while travelling from Delhi to Hathras on charges of conspiracy to create disturbance in Hathras where a Dalit teen was gang raped and subsequ..

WHAT DID THE SC SAY? In BV Seshaiah vs State of Telangana, the Apex Court set aside a Telengana HC order which validated the conviction of the appellant u/s 138 of the Negotiable Instruments Act. A Division Bench comprising Justices Krishna Murari and V. Ramasubramanian in this case, decided not to override an agreement entered between the parties to compound the ..