In the case of Azaz s/o Ahmed Ibrahim Ishabhai vs Commissioner of Police the Hon’ble Gujarat HC has held that mere registration of FIR against an accused person cannot be a ground for presuming that he is a threat to society or disturbs all social apparatus. The Court also laid down the distinction between ‘public order’ and ‘law and ..
1) Asking Husband To Produce Salary Slip In Maintenance Proceedings Cannot Be Called A Violation Of Privacy: Madhya Pradesh HC The Madhya Pradesh HC has observed, in Rashi Gupta and ors vs Gaurav Gupta that where the financial of the parties is one of the relevant considerations for adjudicating the l..
In the recent judgment given by Hon’ble HC of Delhi, it was held that a detention order passed by the Detaining Authority based on “illegible” copies of documents suffered from excess power exercised by the concerned authority and was liable to be quashed. It further affirmed that failure and non-supply of legible copies of all documents to..
In a very significant development which shall immensely help women to know how much her husband is earning as salary, the Gwalior Bench of Madhya Pradesh High Court in an extremely laudable, learned, landmark and latest judgment titled Smt Rashi Gupta & Ors. vs. Gaurav Gupta in CRR No. 3519/2018 delivered as recently as on April 29, 2022 has observed explicitly ..
The Madhya Pradesh HC has observed, in Rashi Gupta and ors vs Gaurav Gupta that where the financial of the parties is one of the relevant considerations for adjudicating the lis, asking the husband to produce his salary slip cannot be termed as a violation of his privacy. In the instant case, the husba..
1) Bank Account Of Any Relative Of The Accused Can Be Seized U/S 102 CrPC: Kashmir And Ladakh HC In Kaiser Ahmad Sheikh and anr vs SHO P/S Crime Branch Kashmir the Hon’ble HC of Kashmir and Ladakh has observed that the bank account of any of the relations of the accused falls within the def..
In the case of Kulwinder Singh vs State of Punjab the Punjab and Haryana HC has held that the chargesheet/final report would be complete upon the statement of the prosecutrix and the FSL report can only be used to corroborate their version. The instant revision petition had been filed under section 401..
In Kaiser Ahmad Sheikh and anr vs SHO P/S Crime Branch Kashmir the Hon’ble HC of Kashmir and Ladakh has observed that the bank account of any of the relations of the accused falls within the definition of property within the meaning of section 102 of CrPC. The Court went on to observe that the po..
Key Takeaways Juvenility of a person in conflict with the law has to be reckoned from the date of the offence and not from the date on which cognizance was taken by the Magistrate. JJ Act is a beneficial legislation and a technical plea (like delay in making the claim of juvenil..
Key Takeaways Cyber Crime could be directed against an Individual, a Property, an Organisation, or a Society. Provisions relating to Cyber Offences have been primarily provided in the Information Technology Act, 2000. NDPS Act prohibits th..
Difference between Cognizable offences and Non cognizable offences BASIS COGNIZABLE OFFENSE NON-COGNIZABLE ..
In the case titled Anop Singh v State of Rajasthan, the Hon’ble Rajasthan HC has observed that organising a marriage is a sine qua non to constitute an offence u/s 11, Prohibition of Child Marriage Act, 2006. Mere engagement child does not amount to an offence u/s 11 of the pertinent act. The petitioner had filed..
In G.P. Hemakoti Reddy, Ananthapur Dist. Vs. P.P., Hyderabad (2022), Justice K. Sreenivasa Reddy observed that an allegation must be made that the words were said with the expressed intent to publicly shame the complainant about belonging to a particular community for an offense to be registered under Section 3(1)(x) of the Scheduled Castes and the Scheduled..
Cross Objections To Adverse Findings Not Necessary When Decree Is Completely In Favour, Can Be Challenged In Appeal By Adverse Party: Madras HC In Suresh Kumar Kankariya vs K. Jigibai @ Pushpammal the Hon’ble Madras HC has observed that when the Court makes adverse findings against a party, it need not file a cr..
It is really good to learn that the Supreme Court has as recently as on April 29, 2022 in a learned, laudable, landmark and latest judgment titled Atbir vs State of NCT of Delhi in Criminal Appeal No. 714 of 2022 (Arising out of SLP(Crl.) No. 7887 of 2021) and cited in 2022 LiveLaw (SC) 427 observed that eligibility for getting remission is not a pre-requisite for o..
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