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The Allahabad High Court has clarified that a charge under Section 326A IPC can be filed against the accused even if no grievous harm is done to an acid attack survivor, and that grievous harm to an acid attack survivor is not required in every case.  It should be noted that this provision addresses the offence an..

The right to further investigation is granted to the Allahabad High Court by Section 173(8) CrPC, and only the investigating agency may file an application before the magistrate for further investigation.  The Bench of Justices Anjani Kumar Mishra and Deepak Verma went on to say that after the trial begins, neithe..

Key Takeaways • In India, the Transfer of Property Act (TPA) of 1882 governs the mortgage of immovable property. • The most essential element of a mortgage is a transfer of formal interest in the property with a mechanism for redemption. li style="text-align: j..

Key Takeaways Emergency arbitration is a method that allows a disputing party to seek an urgent interim remedy prior to the formation of an arbitration tribunal. The legal position in India is ambiguous because the Indian Arbitration and Conciliation Act 1996 does not clearly pr..

Introduction The recent controversy at Lulu Mall, Lucknow has yet again highlighted the growing trend of Indian religious intolerance. In less than 10 days since it started operations,..

The Supreme Court noted that the phrase "reasonable grounds" used in Section 37(1)(b) of the NDPS Act meant credible, plausible grounds for the Court to believe that the accused person was not guilty of the alleged offence.  The court also stated that, under Section 37 of the NDPS Act, bail cannot be gra..

The Supreme Court has stated that a defendant cannot enjoy the property during the pendency of the suit without depositing the amount of rent/damages by simply denying the landlord-tenant/lessor-lessee relationship.  The Court was deciding whether Order XV Rule 5 of the Code of Civil Procedure applied in this case..

The Supreme Court stated that statements made under Section 161 of the Code of Criminal Procedure are relevant in determining the prima facie case against an accused in a bail application in the case of a serious offence.  "Except for the allegations of rape and murder, the allegations are grave, and it canno..

The Karnataka High Court has held that a trial court cannot reject an application made by legal representatives that are seeking to come on record following the death of the singular plaintiff to a suit, without considering whether the 'right to sue' survives on the legal representatives. Justice R. Devdas thus..

KEY TAKEAWAYS Article 131 of the Indian Constitution deals with the right to life and personal liberty It was first introduced in 1950 and was amended in 1976, 1985 and 1997. The article has been instrumental in providing legal protection ..

In the case of Pardeep Chaudhary and another V Birwati and Ors., the issue was whether a succeeding sale deed executed by an allottee of the house in favour of the agent's children after the agent's demise would be in consonance with the previous contract of agency, giving superiority to the children's rights, if the allottee, upon receiving the ..

It is in the fitness of things that the Gwalior Bench of Madhya Pradesh High Court in a brief, brilliant, bold and balanced judgment titled Manohar Silawat vs The State of Madhya Pradesh in Misc. Criminal Case No. 4589 of 2020 and cited in 2022 LiveLaw (MP) 158 that was reserved on February 21 and pronounced as recently as on June 9, 2022 quashed a rape case against a man registered at the inst..

The Supreme Court of India clarified the parameters of criminal appeals by special leave under Article 136 of the Indian Constitution in a decision dismissing a criminal appeal. According to the court, the power granted by Article 136 can only be used when it is determined that doing so is necessary to prevent a grave ..

On Friday, the Delhi High Court refused interim relief to a 25 year old unwed woman who was seeking permission to terminate her pregnancy of 23 weeks and 5 days.  As per the Medical Termination of Pregnancy Amendment Rules 2021, there are certain ‘Special Cases’ where a woman is allowed to terminate he..

In a critical judgment, the Andhra Pradesh High Court held that the opening of rowdy sheets to brand persons as "rowdies", collection and show of their photographs,, domiciliary visits and summoning to police station according to the existing Police Standing Orders amount to a "direct infringement of the right to privacy". li styl..