The Delhi HC has delivered a split judgement regarding the criminalisation of marital rape. Justice Rajiv Shakdher ruled in favour of striking down Exception 2 to Section 376 IPC whereas Justice Hari Shankar observed that the striking down of the same would create a new offence. In RIT Foundation vs Union of India and ..
KEYTAKEAWAYS A blood donation occurs when a person gives their consent to have their blood collected and utilized for transfusions. Such Donations are usually done in blood banks. But the recent trend shows a hike in the black markets of blood. li style="text-align: just..
KEY TAKEAWAYS The Golden Triangle of the Indian Constitution is made up of Articles 14, 19, and 21. Democracy cannot exist in India without the aforementioned Golden Triangle. In the case of Maneka Gandhi v. Union of India, Justice Bhagwat..
A Single Bench of the Hon'ble Karnataka HC held that a person has not committed an offense u/s 80 if a child has been taken by adoption is not an orphan, abandoned, or surrendered child. In the instant case, Banu Begum w/o Khajasab @ Mehboobsab and ors v State of Karnataka, accused no. 1 gave birth to twin babies. ..
In Ravinder Singh @ Kaku vs State of Punjab the Hon’ble Apex Court has held that the certificate under section 65B(4) of the Evidence Act is mandatory for the production of electronic evidence, and oral evidence in place of such certificate cannot suffice. In the instant case, the trial Court convicted thre..
In the instant case, Azaz Khan v. N.I.A., the Division Bench held that Schedule II of the UAPA Act does not include the Customs Act, and the smuggling of gold, that too of a quantity bailable, does not pose threat to economic security and hence can not be deemed as a terrorist act. The Custom Officer procured about 18kg gold ba..
No Vicarious Liability Under Section 141 NI Act Merely By Virtue Of Being Partner At A Firm Which Took Loan: SC In Dilip Hariramani vs Bank of Baroda the Hon’ble Apex Court has held that criminal liability under section 138 NI Act for cheque bounce cases cannot be fastened on a person merely because he was a par..
SC Upholds Disciplinary Action Against Judicial Officer For Showing Undue Favour To A Party In Muzaffar Hussain vs State of UP the Hon’ble SC has upheld the disciplinary action taken against a Judicial Officer in Uttar Pradesh for passing orders to unduly favour certain parties. li style="text-alig..
KEY TAKEAWAYS A tape-recorded conversation is a form of an electronic record. The Information Technology Act of 2000 describes the term “electronic records”. Electronic records, including Tape-recorded conversations, are admissible under the Indian Evidence Act...
Key Takeaways Under Hindu law, a second wife is not a legal heir when the husband remarries while the first wife is alive (S.5 of Hindu Marriage Act, 1956 and Indian Succession Act, 1926). Under Muslim law, a second wife is a valid legal heir and can obtain a legal heir certificate. li style="text-align: justi..
In Dilip Hariramani vs Bank of Baroda the Hon’ble Apex Court has held that criminal liability under section 138 NI Act for cheque bounce cases cannot be fastened on a person merely because he was a partner at the firm that had taken the loan, or that he stood as a guarantor for such a loan. Thus, the vicarious li..
In the ongoing proceedings challenging the validity of Section 124A of IPC in the case titled SG Vombatkere vs Union of India the Centre has filed an affidavit in the Apex Court on Monday, informing that it has chosen to re-examine and reconsider section 124A of IPC which criminalises sedition. This affidavit has come ..
Use Of Loudspeakers In Mosques Not A Fundamental Right: Allahabad HC In Irfan vs State of UP and ors. the Allahabad HC has observed that the use of loudspeakers in mosques is not a fundamental right. The petitioner, Irfan, had moved the HC aggrieved by an order passed by SDM Teh..
In the recent case, Kader Khan v State of West Bengal, the Hon’ble Calcutta HC has proposed that it is immensely important to bring amendments to Section 299 (1) CrPC in order to provide a fair trial in absentia of an absconder which might in the future result in the loss of valuable shreds of evidence due to the death of the witness. li style=..
KEY TAKEAWAYS The NDPS Act of 1985 is the primary piece of law through which the state controls the use of Narcotic Drugs and Psychotropic Substances. These regulations were enacted to restrict and monitor the use of specified medications in limited circumstances. li sty..
CCI Articles
You can also submit your article by sending to article@lawyersclubindia.com
submit article