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Section 151 Of The CRPC Can Be Invoked Only When No Other Remedy Is Available Highlights The Supreme Court Quashing The High Court’s Order

The apex Court recently held that the inherent powers of the court under section 151 of the Code of Civil Procedure (CPC) can only be applicable if there is no alternate remedy available in accordance with the law. Section 151 of the Code of Civil Procedure deals with inherent powers. li style="text-align: just..

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Plea Bargaining Is With Respect To The Sentence, It Does Not Affect The Nature Of The Offence, Highlights The Supreme Court

The apex court noticed that at times the accused have hesitancy in accepting their conviction under a particular offence which may lead to other civil consequences. The reluctance of accused persons to avail "plea bargaining" option due to the fear of bearing the taint of guilt thus becomes a major issue to b..

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Order VII Rule 11 CPC: Only Plaint Averments Can Be Examined While Considering Application For Rejection Of Plaint: Supreme Court

When considering an application under Order 7 Rule 11 of the Code of Civil Procedure, the averments in the plaint alone are to be examined. In this case, the High Court of Karnataka granted the defendant's revision petition but dismissed the plaint under Order 7 Rule 11(a) and (b) of the Code.  li styl..

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9 Biggest Social Justice Issues of 2022

The social justice movement is gaining more and more traction. The past few years have been particularly turbulent with new sociocultural discourses emerging every month if not every week. But while some issues still stay undertheradar, others are more prominent and widely discussed. Moreover, there are some social justice topics that are universal in their nature and have ongoing hea..

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NCLT Decision Upheld By NCLAT: Claim In Respect To Goods And Services In A Licensed Agreement Comes Under The Ambit Of Operational Debt

The National Company Law Appellate Tribunal ("NCLAT"),adjudicated an appeal filed in Somesh Choudhary v Knight Riders Sports Private Limited &Ors.  And has held that claims arising out of grant of an exclusive right and license to use intellectual property rights falls within the ambit of the definit..

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India's Policy On The Rohingyas

Introduction  A controversy erupted yet again, where the Rohingyas take the center stage. India's refugee policy is thus back in the spotlight after the central government and its constituent minister’s statement were in contravention, publicly. India and its selective ill-treatment of certain communities is no..

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PMLA Judgment Allowing ED To Take Possession Of Property Before Trial In Exceptional Cases Leaves Scope For Arbitrariness : Supreme Court

It went into effect on March 6, 2017, with the goal of simplifying and expediting trademark administration. These Rules emphasised digitalization of the entire process, including digital filing and electronic communication. The Trade Mark Rules, 2017, work in tandem with the Trade Marks Act, 1999. Following these modif..

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Person Availing Bank's Service "Consumer": Consumer Complaint Maintainable Over Dispute On Encashment Of FD : Supreme Court

The Supreme Court ruled that a consumer complaint in a dispute involving the bank's premature encashment of a Joint Fixed Deposit in violation of the terms and conditions is maintainable.  A person who uses a bank's services falls under the definition of a "consumer" under the Consumer Protection..

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Prisoners’ Right To Remission In India

Key takeaways The government holds the power to suspend or remit sentences under Section 432 of CrPC. Such grant of remission is to be informed, fair, and reasonable.  Remission of a sentence essentially means the full termination of ..

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Unfolding The Excise Policy In Light Of Manish Sisodia’s Arrest

The Delhi Excise Policy 2021-22 has stirred chaos and toppled stability when it had removed the government from operating liquor stores and granting full access to private vendors. Manish Sisodia, Excise department head had been alleged of giving undue benefits and to have grossly deflected from the laws. CBI has conducted raids in his house and an FIR has also b..

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Supreme Court’s PMLA Verdict Explained

Key takeaways PMLA or the Prevention of Money Laundering Act, 2002 is the primary legislation against money laundering in India. It was enacted by the NDA government, and it came into effect on July 1, 2005. Recently, the Supreme Court uph..

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Satyender Jai Cannot Be Disqualified As An Unsound Person Highlights The Delhi High Court: The Plea To Remove Him From The Cabinet Has Been Squashed

Delhi High court dismissed the writ petition of the Delhi minister – Satyendar Jain and observed that he cannot be disqualified from Cabinet and Assembly as a "person with..

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The Shaken Symbiosis Between AIFF And FIFA

Introduction The abrupt and unforeseen ban on All India Football Federation (AIFF) enforced by FIFA  (Federation Internationale de Football Association or the International Federation of Association Football) has left the entire country in a state of sheer dismay, and the football fans indisputably enraged. Following the..

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The “Sexually Provocative” Comment and the Row it Rightly Provoked: In Light of Kerala Court’s Remarks

Introduction  Recently, an order by a lower court in Kerala has sparked controversy. This case is one of many where women are treated as second-class citizens in society. However, with a legal angle involved, the implications of said remark are far more severe than they would've been otherwise. Gender bias continues ..

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Powers of the Magistrate Under Section 156 (3)

Key takeaways Section 156 (3) empowers the Magistrate to issue an order to the concerned officer-in-charge of a police station to draw up an FIR based on information received.  The offence reportedly committed needs to be taken place within the territorial jurisdiction of t..

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