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Key Takeaways Section 156 (3) of CrPC provides that any magistrate, who can take cognizance of an offence under Section 190 of CrPC, can order the investigation of such cognizable offence by a police officer. After a complaint has been filed before the magistrate, disclosing a c..

Difference between set-off and counter-claim BASIS SET-OFF COUNTER- CLAIM ..

In the case of ABC vs Union of India, the Hon’ble Bombay HC has ordered the removal of an acquittal order from the HC website upon an application moved by the applicant/accused who was facing difficulties in getting a job due to the order of acquittal passed in his favour.  In the instant case, the petitione..

In Dental Council of India vs. Biyani Shikshan Samiti (2022), Justices L Nageswara Rao and B R Gavai observed that to guarantee that suitable academic standards, atmosphere, and infrastructure are maintained, the liberty to establish an educational institution can be regulated. Additionally, Regulation 6(2)(h) of the Dental Council of India Regulations, 2006..

In the case of Kamatchi vs Lakshmi Narayanan the Hon’ble Supreme Court has held that the limitation period provided under section 468 of CrPC is inapplicable to the filing of an application under section 12 of the Protection of Women from Domestic Violence Act, 2005. Section 12 of the DV Act allows an aggrieved w..

Promise To Marry Made To A Married Woman Not Legally Enforceable: Cannot Attract The Rigors Of Section 376 IPC: Kerala HC In the case of X vs State of Kerala, the Hon’ble Kerala HC has observed that a promise of marriage given to a woman who is already married is not legally enforceable by law and thus, cannot b..

In the case of X vs State of Kerala, the Hon’ble Kerala HC has observed that a promise of marriage given to a woman who is already married is not legally enforceable by law and thus, cannot be a good ground for the prosecution to argue that the consent of the woman had been obtained due to a misconception of fact.  li style="text-align: ju..

Period Of Detention For The Purpose Of 167(2) CrPC To Be Done Afresh If Additional Offence Found: Rajasthan HC In Akheraj vs State of Rajasthan the Hon’ble Rajasthan HC has reiterated that the right to seek default bail under section 167(2) of CrPC is an indefeasible right of the accused, but this is so only in ..

In M/s. A. Seating & Others v. M/s. Nandini Modulars (2021), Justice HP Sandesh observed that the Appellate court has the authority to remand the case for a new hearing on the matter of condonation of delay under Section 142(b) of the Act if the accused party fails to raise the ground of delay in filing the complaint before the court of the first instanc..

Difference between Irregular Marriage And Void Marriage in Muslim law BASIS IRREGULAR MARRIAGE VOID MARRIAGE td style="text-ali..

In R. Geethabanu v. Government of Tamil Nadu and Yamuna Devi(Died) v. Abdul Raheem and Ors, the bench of Justice Rmt. Teeka Raman observed that Motor Vehicles Act and Workmen's Compensation Act are no longer a part of good law and that an individual cannot be held liable under both the Motor Vehicles Act and the Workmen's Compensation Act for the sam..

Difference between Investigation and Inquiry BASIS INVESTIGATION INQUIRY Statute td s..

Bail In POCSO Case: 16-Year-Old Victim Knew The Consequences Of Her Actions: Bombay HC In Rohit Sukate vs State of Maharashtra the Bombay HC has granted bail to a rape accused after noting that the 16-year-old victim knew about the consequences of her actions and that the accused had used a condom while engaging in in..

Key Takeaways Chapter VI of the Cr. P.C. contains the provisions relating to Processes to Compel Appearance of Persons in Court. Warrants of arrest can be directed to Police Officers as well as other persons, depending upon the circumstances.Before issuing Warrants for arrest, t..

In Akheraj vs State of Rajasthan the Hon’ble Rajasthan HC has reiterated that the right to seek default bail under section 167(2) of CrPC is an indefeasible right of the accused, but this is so only in cases where the remedy has been availed of by preferring an application within the prescribed period.  The ..