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The Entrenchment Of Casteism In India: In Light Of Rajasthan Dalit Boy’s Death

Introduction Caste is a word that is one of the obligatory in Indian history that decides the social, economical, and political empowerment of the people even in the 21st century in the country. This pre-historic system of being, established by the Vedas has been plaguing the country since. Recently, a nine-year-old was beate..

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Supreme Court States That The Karnataka High Court’s Decision To Set Aside The Trial Court Order Was “Not Right” An Individual Acquitted Of The Scheduled Offence Cannot Be Prosecuted Under PMLA Act

 A bench of Justices Dinesh Maheshwari and Krishna Murari made the observations that an individual who was acquitted of the scheduled offence cannot be prosecuted under the Prevention of Money Laundering Act/a..

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The High Court Within Whose Jurisdiction The Assessing Officer Has Passed The Order, Shall Continue To Exercise The Jurisdiction Of The Appeal Claims The Supreme Court While Hearing The Case Of ITAT Appeal

Recently settling the case of Pr. Commissioner of Income Tax-I, Chandigarh v. M/s. ABC Papers Limited, the supreme court held that against orders of Income Tax Appellate Tribunal (ITAT) will lie only before the High Court within whose jurisdiction the assessing officer is situated. The Apex Court clarified that even if..

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The Competition Amendment Bill 2022

Key takeaways The Competition Act, 2002 was enacted by the Parliament of India and governs Indian competition law. It replaced the archaic The Monopolies and Restrictive Trade Practices Act, of 1969. The Competition Commission of India was..

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Constitutional Rights For Reservations Of Disabled People Cannot Be Taken Away By Limiting Their Clauses: Persons With Disabilities Act 1995, Guarantees Their Rights To Secure Employment : Observes The Kerela High Court

Reservations of the pwd [persons with disabilities] remain only on paper. Instead of being proactive to protect the interests of the disabled, a conscious effort is being taken to thwart their efforts to secure employment bytaking an obstructive or lethargic stand. This statement was passed by the Kerela High court whi..

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Standard Proof For Rebutting Presumption Under Section 139 Of The Negotiable Instrument Act Is Preponderance Of Probabilities States The Jharkhand High Court

An observation from Justice Deepak Roshan of the Jharkhand high court was that "While section 138 of the Act specifies a strong criminal remedy in relation to the dishonour of cheques, the rebuttable presumption under section 139is a device to prevent undue delay in the course of litigation. In the absence of compelling justifications, reverse onus clau..

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Order Vll Rule 11 Of The Code Of Civil Procedure Gives The Court The Authority To Reject A Plaint Suo Moto: Section 12A Must Be Visited With Rejection Of The Plaint Under Order VII Rule 11, Highlights The Supreme Court

Supreme Court observed that under Order VII Rule 11 of the Code of Civil Procedure, 1908, a Court has the authority to reject a plaint suo moto. Before exerc..

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Horrors Of The Bilkis Bano Case

The gang rape case of a pregnant woman took the nation by storm in 2002. The ecstasy of the conviction of the 11 accused to life imprisonment as delivered by the Bombay High Court in 2017 was short-lived. The accused were released on 15 August 2022 by the Gujarat government under its remission policy. Key Takeaways li style="text-..

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Problems With Supreme Court Registry In Light Of Deletion Of Items

Key takeaways Provisions regarding the Supreme Court Registryand all appointments under it are covered in Article 146 of the Constitution. The Secretary General holds the responsibility of custody of all records of the Court. Personnel und..

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Unravelling The Bengal SSC SCAM

The alleged scam of illegal recruitment and money laundering dates back to 2016, during its progression over the years, Calcutta High Court has witnessed an increase in the numbers of such illegal appointments. It is now under investigation of CBI and ED. It once again received spotlight with the arrest of TMC’s minister Partha Chatterjee by ED after seizin..

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Copyright Laws In India With Relevant Judgements

Key takeaways The Copyright Act, 1957 is the primary law regarding copyright in India. It has been amended six times in total, the most recent one being in 2012. Copyright protection commences the moment a work is created, and its registra..

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Remembering Indian Judges From The Pre-Independence Era

Key takeaways Justice Shah Muhammad Sulaiman was the first Indian Chief Justice of the Allahabad High Court. Justice Romesh Chandra Mitter was the first Indian acting judge for the Calcutta High Court. Justice Nanabhai Haridas was the firs..

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Breaking Down CJI’s Proposal For National Judicial Infrastructure Authority of India

Introduction The Judiciary is the foundational organ and arguably the most important one in the functioning of any country. The operational efficiency of the judiciary, however, is o..

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Burden Of Proof Never Shifts Whereas 'Onus Of Proof' Shifts Continuously In Evaluation Of Evidence, Remark by Tripura High Court

Key takeaways A bench of the Tripura High Court recently explained the key differences between ‘burden of proof’ and ‘onus of proof’. Provisions regarding ‘burden of proof’ and ‘onus of proof’ come under Section 101 to section 114 ..

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Order 7 Rule 11 CPC Civil Court's Jurisdiction Not Ousted Where Procedure Prescribed In Particular Statute Not Followed: Bombay High Court

According to the Bombay High Court, the court's power to reject a plaint under Order 7 Rule 11 of the Civil Procedure Code (CPC) is a drastic power that must be exercised with caution.  In a property dispute, Justice Anuja Prabhudessai was hearing an appeal against a trial court order rejecting the appellant&#..

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