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Denial Of Speedy Trial Infringes Fundamental Right Under Article 21, May Be A Ground For Grant Of Bail: Delhi HC

While upholding the paramount importance pertaining to the dire need to hold speedy trial and most commendably linking it as an inseparable part of the fundamental rights under Article 21 of our Constitution which talks about the right to life and personal liberty, the Delhi High Court has in an extremely laudable, landmark, learned and latest judgment tit..

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Victims Under SC/ST Act Should Be Paid Compensation Only On Conviction Of Accused, & Not On Filing Of FIR: Allahabad HC

In a significant ruling, the Allahabad High Court ruled that compensation to victims under the SC/ST Act should be paid only after the accused is convicted, not after the FIR and charge sheet are filed.  This was stated by the Court while allowing a 482 CrPC Plea filed by the Victim under the SC/ST Act and the acc..

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Supreme Court Sets Aside Himachal Pradesh High Court Judgment For Being Utterly Incomprehensible

The Supreme Court has overturned an "utterly incomprehensible" Himachal Pradesh High Court decision because it did not understand the basis for the decision. "The High Court's decision is completely incomprehensible. The reasons on which the High Court proceeded to allow the petitions and set aside t..

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S. 313 CrPC: All Adverse Evidences Should Be Put As Questions; Avoid Bundling Circumstances Together With Only Single Opportunity To Explain: Supreme Court

The Supreme Court observed that when examining an accused under Section 313 CrPC, all adverse evidence must be presented in the form of questions so that the accused can articulate his defence and give his explanation.  "If all the circumstances are bundled together and the accused is given only one opportuni..

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Evolution Of Local Self-Government In India

“When the panchayati raj is established, public opinion will do what violence can never do" - Mahatma Gandhi Key Takeaways The Panchayati Raj form of government is mentioned in Article 40 under the Directive Principles of State Policy of our Constitution. li ..

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Delhi HC Held That Jhuggis Cannot Be Evicted Overnight: Prior Notice And Sufficient Time Must Be Allotted: Bulldozer Cannot Be Brought At The Doorstep Simply Like That

The Delhi High court ordered that bulldozer cannot be just brought up at the doorstep. Sufficient time has to be given to the jhuggi jhopri before demolishing the residency. Bringing up a bulldozer straightaway would render them shelter less. The DDA has to act in consultation wi..

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Compensation For Wrongful Prosecution And Incarceration

Key Takeaways A person who has been wrongly arrested is entitled to a pitiful compensation of INR 100 under Section 358 of the CrPC (1973). In its 277th Report (2018), the Law Commission stated that "the current remedies simply generate an ex-gratia obligation, and do not i..

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Refusal To Register An Fir In Cognizable Offences Is A Punishable Offence

KEY TAKEAWAYS The refusal to register, investigate or report cognizable offences is an offence punishable under section 166 of the Code of Criminal Procedure, 1973. According to Clause (3) of Section 154 of the Criminal Procedure Code, a person has the option of mailing the info..

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Inquest Report Under The Code Of Criminal Procedure, 1973

Key Takeaways An inquest report is made primarily to investigate the causes of unnatural death and suspected dowry deaths. It contains only the first impression of the dead body. A magistrate is also empowered to ask for the preparation of..

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NDPS Act : 180 Days Adequate To Conclude Investigation: Punjab And Haryana HC

The Punjab and Haryana High Court have held that default bail cannot be denied to the accused just because an extension was filed by the investigating officers.  The high court has directed the DGPs of Haryana, Chandigarh, and Punjab to ensure that the investigating officers should complete the task with 180 days ..

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UN And Its Principal Organs

Key Takeaways UN Charted was adopted on June 25, 1945, and came into effect on October 24, 1945. Five of its principal organs, the General Assembly, Security Council, Secretariat, Trusteeship Council, and Economic and Social Council, are headquartered in New York, while the sixt..

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Negotiable Instruments Act Does Not Classify Cheques As Bearer Or Account Payee: Jurisdiction Lies Where Cheque Is Delivered For Collection: Gauhati HC

The Gauhati High Court has stated unequivocally that in cases arising under Section 138 of the Negotiable Instruments Act, the Court's territorial jurisdiction will be where the cheque is delivered for collection.  Justice Robin Phukan went on to say that the NI Act makes no distinction between bearer and cros..

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Subsequent Eviction Petition Based On Changed Circumstances Not Barred By 'Res Judicata': Punjab & Haryana High Court

The Punjab and Haryana High Court recently upheld the trial court's decision in the landlord's eviction petition and held that the second eviction petition is not barred by the principle of res judicata because it was filed on changed circumstances that were not pleaded in the previous petition.  The bench..

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Protectors Turned Predators: Are The Central Agencies Being Misused For Political Gains

Introduction  In Indian Politics, misuse of power and corrupt officials isn't news. There's an onslaught of protective institutions in the country, but if these very institutions are misused for political gains, wrongfully incarcerating people or holding them under detention, then where should one go to seek refu..

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All About Fundamental Rights For Law Entrance Preparation

Key takeaways The Articles 12-35 enlisted in Part III of the Constitution of India deals with Fundamental Rights. They are justiciable, enforceable, but not absolute. Sardar Vallabhai Patel chaired the Advisory Committee on Fundamental Rights of the Constituent Assembly. ..

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