Introduction The Judiciary is arguably the most important organ of any country. The mechanisms for judicial appointment play an important role in selecting the persons who would constitute and ensure the efficiency of this organ. This article deals with the methods of appointment of judges in India, in context with Kiren Riji..
Introduction With the recent elections resulting in the victory of Droupadi Murmu, the question gears have started turning, yet again. While India has had a diverse range of people serving as presidents, adding to the cause of representation, does this post do anything else for them or the country? p style="text-align..
When it came to joint proceedings, Vinod S. Bhardwaj, J., ruled that if there is a 'Juvenile in conflict with law' with an adult, the proceedings cannot be done jointly. The petition was filed under Section 482 of the Code of Criminal Procedure, 1973 ('CrPC'), seeking a reversal of the Magistrate&..
The Supreme Court stated that a trial court could not absolve an accused of murder based solely on a post mortem report indicating the cause of death as "cardio respiratory failure." "The post-mortem report does not constitute substantive evidence in and of itself. The doctor's testimony in cou..
Introduction The law dictates that a person unless proven otherwise is innocent. However, sometimes the cost of determining this guilt becomes too high and morphs into extra-judicial killings. While there is no separate legal definition of an extra-judicial or a state-sponsored killing, it can be simply understood as a malefa..
Introduction Over the last few years, there has been a steady, steely rise in the Indian government’s grip on its social image. Increasingly, individuals, particularly from media and film making community are being withheld or detained for putting out images, videos or essentially any content on social platforms t..
The Jammu and Kashmir and Ladakh High Court recently ruled that the JJ Board is not required to consider the social investigation report prior to considering a bail petition under section 12 of the Juvenile Justice Care and Protection Act because the legislature never intended for that to happen. The bench was he..
The Chhattisgarh High Court has ruled that recovering any incriminating article from a public or visible location taints the evidence under Section 27 of the Evidence Act. It should be noted that the following conditions must be met for Section 27 of the Evidence Act to be applicable: li style="t..
In the case of State of Uttar Pradesh vs Anand Engineering College, the Supreme Court observed that the Forest Department cannot inflict damages under section 33 of the Wild Life Protection Act of 1972. The bench comprising Justices MR Shah and BV Nagarathna observed that for such an imposition, the authority has to in..
The Delhi High Court has recently held in the case of Jindal Kumar v. The State (govt of Delhi) that subjecting a citizen to police scrutiny such as verification of personal documents without any good reason would entail a serious invasion of his right to privacy. The bench made the observation while dealing with a ple..
The Delhi High Court has ruled that the Commercial Courts (Amendment) Act, 2018, cannot be retroactively applied. A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad held that there is no lack of clarity or ambiguity in Section 19 of the 2018 Amending Act, which states categoric..
The Supreme Court stated that when considering a transfer petition under Section 24 of the Code of Civil Procedure, the wife's convenience must be considered. In this case, the husband petitioned the Family Court in Vellore for annulment of marriage. The wife filed two petitions in the Family Court in Chennai..
Abstract An Independent Judiciary is the crown jewel and bedrock of any democracy. Independence of the judiciary signifies its autonomy of operations, exclusive of other organs of..
KEY TAKEAWAYS The universal adult franchise guarantees that every adult citizen, regardless of gender, wealth, caste, or any other factor, has the right to vote and elect their representative. The right to equality is the essence of this. ..
Key Takeaways Section 62 of the Indian Evidence Act, 1872 considers primary evidence to be the most crucial type of evidence. A carbon copy of a signature, defined as a copy generated by a mechanical method that confirms its accuracy, is a piece of secondary evidence under Secti..
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