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..
Key Takeaways Maharashtra recently passed a resolution to rename two cities namely Aurangabad and Osamanabad to Sambhajinagar and Dharashiv respectively The article explores the history of both cities. Constitutional Guidelines for renamin..
Key Takeaways The Hindi Succession Act of 1956 provides a standardized system of property inheritance and regulates intestate succession. Sections 25-28 of the act provide the grounds for disqualification of inheritance. If a person is dis..
The bench observed thus while considering an appeal filed by a homicide convict, whose conviction under Section 302 IPC was maintained by the Bombay High Court. The Supreme Court observed that merely because the revelation of the weapon was at the instance of the accused, it does not mean he had concealed or used it. O..
Before the Gauhati High Court, the writ petition filed by Rifleman in Assam Rifles challenged the order passed by Lt. Col Offg Comdt discharged him from service on the basis of the four Red¬ Ink entries received by him during his period of service. The single bench set aside the order of discharge and rescinded the..
The Court ruled that it would be against Article 14 of the Constitution to prevent a minor in trouble with the law from exercising their right to request anticipatory bail. The Bombay High Court ruled on Friday that a juvenile who is in trouble with the law may file an anticipatory bail application under Section ..
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