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EWS Quota Case: 103rd Amendment Changes Constitution's Identity - Lawyers Argue In Supreme Court [Day 3]

The Supreme Court Constitution Bench, comprising Chief Justice of India UU Lalit, Justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi and JB Pardiwala, on Wednesday, continued hearings on the cases challenging the constitutional validity of reservation for Economically Weaker Sections.  Sr. Adv. P Wilson su..

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S.451 CrPC: Karnataka High Court Says Gold Ornaments Seized Can Be Kept In Custody For Maximum 1 Month

The Karnataka High Court has said that if gold bullion or gold ornaments are seized during the investigation of an offence, the maximum period that it could be held is 15 days or one month and later, it should be released and interim custody should be handed over to the victim/complainant/applicant. M/S NAMBOOR JEWELLERS v. ST..

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Bombay HC Overturns Dacoity Conviction Citing Lapses In Arrangement Of Test Identification Parade By The Police

While acquitting the appellants in a criminal appeal against their conviction, the Bombay High Court in a most significant judgment titled Sunil Vishnu Mukane & Ors v. State of Maharashtra in Criminal Appeal No. 1100 of 2018 pronounced as recently as on August 24, 2022 overturned conviction of four accused in a dacoity case observing that the prosecution's e..

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SC - Right To Contest Election Not A Fundamental Right: It Is Only A Right Conferred By Statute

In a most significant development, we got to witness how as recently as on September 9, 2022, none other than the Supreme Court of India in a most learned, laudable, landmark and latest judgment titled Vishwanath Pratap Singh vs Election Commission of India in Petition(s) for Special Leave to Appeal (C) No(s).13013/2022 and cited in 2022 LiveLaw (SC) 758 minced just..

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The Concept Of Local Self-Government In The Constitution Of India

Introduction India is a country with a population of billions. While it has its problems of its own, the most complex problem to solve is managing this big a population. In a democratic country with a billion people under the hand of one government body is humongous to govern. Different states, different territories, differen..

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NDPS Act | Weight Of Neutral Substance Not To Be Ignored While Determining Quantity Of Seized Contraband: Delhi High Court

The Delhi High Court ruled on Friday that the  weight of a neutral substance will not be disregarded while deciding whether a confiscated illegal drug is in small or commercial quantity.  The high court issued its ruling in response to inquiries about a minute amount of a narcotic drug that were referred to i..

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Kerala Stray Dog Menace: High Court Directs Government Hospitals To Provide Free Medical Assistance To Victims Of Dog Bites

The Kerala High Court ruled  on Friday that all victims of dog bites must receive prompt, effective, and free medical care from government hospitals and hospitals connected to government medical colleges while the State establishes and sets up the machinery in the State to contain the menace of stray dogs.  W..

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The Rajasthan High Court Has Held That The Reassessment Notice Cannot Be Challenged If The Assessee Failed To Submit Crypto Currency Account Transactions To The Income Tax Department

In the case of Parmesh Chand Yadav vs Income Tax Officer, the division bench of Justice Manindra Mohan Shrivastava and Justice Shubha Mehta held that bank transactions alone are not sufficient to verify the trade in crypto currency. The relevant ledger statement by the assessee has to be submitted before the department..

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Can FIR U/S 377 IPC Be Quashed In Matrimonial Cases After Settlement Between Parties

What is Section 377 of Indian Penal Code  The Indian Penal Code (IPC) Section 377 was enacted in 1861, at the apex of British rule over India. It’s titled as 'unnatural offences' and says whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life.  ..

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Participation In Arbitral Proceedings Without Protest, In Absence Of Agreement On Seat: Venue Is Also The Seat Of Arbitration: Allahabad High Court

The Allahabad High Court has held that where the parties do not mention the seat of arbitration and have participated within the arbitral proceedings without any protest in a particular place, the events will be considered as by their conduct and the stated venue would be the place of proceedings and also arbitration. ..

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Public Interest Litigation: The Judicial Activism For A Boon To The Society

Introduction PIL was started to protect the fundamental rights of people who are poor, ignorant or in socially/economically disadvantaged position. Public interest litigation (PIL) in India can serve as a vehicle for creating and enforcing rights and is critical to the sustenance of democracy. PIL in India can address the nee..

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Undue Influence Under Law Of Contracts

TABLE OF CONTENTS Introduction Definition of Undue Influence Types of Undue Influence Relationships Dominating Position li style="text-a..

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Ex-Parte Orders Passed Without Issuance of Notice Cannot Be Brought Within Purview of S36 CPC For Execution: Kerala High Court

The Kerela High court dominated that if an order is passed without issuing a notice to the opposition, Section 36 CPC will not be brought into purview. It will be executed in the court only when it is merged with the opposite party’s subsequent order. If a notice is not iss..

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Kinds Of Injunction And Grounds To Grand Injunction: Latest And Landmark Judgments

Table Of Contents Introduction When is an injunction invoked? Types of Injunctions in the Law Requirements for Applicability Grounds of Rejection li st..

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LIS Penden: The Pending Litigation

TABLE OF CONTENTS Key Takeaways Introduction Origin Conditions for the applicability of Lis Penden Judicial Precedents ..

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