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Rarest Of Rare Case Doctrine

KEY TAKEAWAYS The Rarest of the Rare Doctrine is a half tale, part truth, but it is also a rare occurrence in the court system. s..

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Criminal Fraud Vs Civil Fraud

KEY TAKEAWAYS Fraud is a purposeful act of deception with the intent of obtaining something by taking unfair advantage of someone else. It's a gain of profit from someone else's loss. ..

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Accused Can Examine A Complainant And His Witnesses To Disprove The Case Under Section 138 NI Act: Madras HC

In SMD Mohammad Abdul Khader vs Muniswari the Madras HC, while setting aside the order of the lower Court, has allowed the accused to examine the prosecution witnesses in proceedings under section 138 Negotiable Instruments Act.  The Court observed that the accused has a right to prove that the complainant in a particular case did not have the capacity. He can do so by p..

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Important Cases On Information Technology Act, 2000

Key Takeaways Primarily, Information Technology Act, 2000 provides the basic legal framework for electronic transactions in India. Along with this Act, various rules notified under this Act play a significant role in regulating the digital space. The rights of copyright owners c..

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Bail Granted By Lower Court Can Be Cancelled By Higher Court If Evidence, Societal Impact And Gravity Not Considered: SC

In Imran vs Mohammad Bhava the Apex Court has held that even though significant scrutiny is required to be done by the higher Court while cancelling bail granted by lower Court, the same can be done if relevant material, gravity of the offence or its societal impact has not been considered by the lower Court. This obse..

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A 'Different' Series #20: Partnership At Will Vs Particular Partnership

Difference between Partnership at Will and Particular Partnership BASIS PARTNERSHIP AT WILL PARTICULAR PART..

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MPID Is Constitutionally Valid: Based On Legislative Competence: SC

In the State of Maharashtra vs. 63 Moons Technologies Ltd (2022), Justices DY Chandrachud, Surya Kant, and Bela M Trivedi upheld the attachment of 63 Moons Technologies' properties while dismissing a contest to the constitutionality of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act 1999. li style="text-alig..

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Top News Headlines 23rd Apr 2022: Court Cannot Usurp Government’s Power To Grant Remissions U/S 432 CrPC

Court Cannot Usurp Government’s Power To Grant Remissions U/S 432 CrPC: SC In the case of Ram Chander vs State of Chhattisgarh and ors. the Apex Court has held that a Court cannot usurp the power of the government to grant remission of sentence to convicts. It can only review the decision of the government with ..

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Ban 2-Finger Test On Rape Victims Immediately: Madras HC Directs The State Government

In Rajivgandhi vs The State rep. by The Inspector of Police the Madras HC has directed the State Government to ban the practice of two finger test on rape victims by medical practitioners immediately.  This direction was issued after the Court noticed that the same was being conducted in cases of sexual offences i..

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A 'Different' Series #19: Pledge Vs Hypothecation

Difference between Pledge and Hypothecation BASIS PLEDGE ..

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A 'Different' Series #18: Coercion Vs Undue Influence

Difference between Coercion and Undue Influence BASIS COERCION UNDUE INFLUENCE ..

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Doctrine Of Cypress In WAKF

KEY TAKEAWAYS A Muslim can give away his property, create a wakf, or use his testamentary powers, such as establishing a Will,under Islamic law. li style="text-align: justi..

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The Deal With Wagering Agreements And Contingent Contracts

KEY TAKEAWAYS According to Section 2(h) of the Indian Contract Act, a contract is an agreement that is legally binding. In other words, a contract is a pie..

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Court Cannot Usurp Government’s Power To Grant Remissions U/S 432 CrPC: SC

In the case of Ram Chander vs State of Chhattisgarh and ors. the Apex Court has held that a Court cannot usurp the power of the government to grant remission of sentence to convicts. It can only review the decision of the government with regard to whether the remission granted under section 432 was arbitrary or not. In..

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When The Offence Under SC/ST Act Appears To Be Misuse Of Law, Anticipatory Bail Can Be Granted: Chhattisgarh HC

In the case of Jawed Khan vs State of Chhattisgarh the Hon’ble HC of Chhattisgarh has held that when an offence under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 appears to be a misuse of law , the Court has the power to grant anticipatory bail.  In the instant case, the appell..

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