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In K.B. Rasheed v. State of Kerala, the Kerala High Court held that the prosecution should not violate the provisions laid down u/s 279 and 281 CrPC which talks about interpretation of evidence against the accused in the language which they understand. The Court also observed that non-compliance with sections 279 or 28..

In KC Rajvani v. State of MP Law and Legislative Affairs & Anr, the Madhya Pradesh High Court set aside the order of the Disciplinary Authority against a former Judge accused of misconduct.  Furthermore, the order of his compulsory early retirement was also set aside.  li style="text-align: justif..

In Charu Kishor Mehta v. Prakash Patel & Ors, the Apex Court recently observed that the Indian judicial system is highly afflicted with frivolous and false litigation and how a new category of litigants is emerging who are more interested in filing a case without a care for the truth. The Hon'ble Court upheld t..

A Parbhani man accused of swearing allegiance to the outlawed terrorist group Islamic State and charged under the Unlawful Activities (Prevention) Act has been granted bail by the Bombay High Court.  Mohammad Raisuddin was granted bail by a division bench of Justices Revati Mohite Dere and VG Bisht, who noted that..

In Suprit Ishwar Divate v. State of Karnataka, the Karnataka High Court held that an accused arrested for a crime cannot be handcuffed under normal circumstances.  The Court further held that under only extreme circumstances which involve the possibility of an accused escaping custody or causing harm to himself or..

Key Takeaways Bailment is the legal transfer of property or commodities from a bailor to a bailee, who forfeits possession but not ownership. A bailee must desire to physically possess the bailable property in order to create a bailment. C..

Key Takeaways Transfer of Property Act regulates property transfer in India. Section 122 of TPA provides provisions relating to Gifts. Gifts can be revoked under certain specific conditions. ..

Key Takeaways Section 84 of the Indian Penal Code deals with persons of unsound mind. Unsoundness of mind is included in the general exceptions. Sections 328 to 339 of the Code of Criminal Procedure covers provisions regarding accused pers..

According to the Karnataka High Court, unless there is an element of fraud and national economic interest is at stake, a bank cannot seek the issuing of a Look Out Circular (LOC) or prevent a person (a loan defaulter) from leaving the country.  Leena Rakesh's case, which questioned the FRRO's endorsement c..

The Bombay High Court has ruled that a man cannot assume a woman is willing to enter into a physical relationship with him simply because they are friendly with one another. On June 24, a single-judge panel presided over by Justice Bharati H. Dangre denied an anticipatory bail request to a man accused of raping a woman..

The sum of a Public Provident Fund account shall not be subject to any attachment in respect of any debt or duty incurred by the account holder, as the Gujarat High Court has reaffirmed.  The case of a petitioner who invested funds from Hindu Undivided Families under the Public Provident Fund Scheme of the Centre ..

In contrast to the ruling made last week by the High Court's coordinate bench, which held that Section 438 of the Code of Criminal Procedure has no restrictive mandate prohibiting a person from filing an application for anticipatory bail outside of India, the Justice P.V. Kunhikrishnan bench of the Kerala High Court deviated from the law today. /li..

Key Takeaways Chapter V of the Code for Criminal Procedure grants police officers the power to arrest. Chapter XI of the CrPC, particularly Section 151 grants police officers the authority to make preventive arrests to avert a cognizable offense. li style="text-align: ju..

In Ashish Ashok Chakor v. State of Maharashtra, the Bombay High Court held that a girl being friendly with a boy should not be construed as consent for a physical relationship. The Court observed this while rejecting the anticipatory bail application filed by a man accused of impregnating the accused by making a false ..

The Supreme Court noted that "the powers to be exercised under this law are exceptional powers that have been given to the government for its exercise in an exceptional situation," emphasising that the preventive detention law "strikes hard on the freedom and liberty of an individual, and cannot be exercised in a routine manner." ..