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The Gujarat HC has, in Kameshbhai Niranjanbhai Sopariwala vs State of Gujarat refused to entertain a writ petition under Article 226 of the Constitution and issued directions for the registration of FIR on a complaint lodged by the petitioner, and observed that if such petitions are entertained then the HCs will be flooded and would not be able to do anythin..

Trial Courts Cannot Impose Life Sentence With Or Without Remission Except In Rape Cases: Calcutta HC In Monirul Molla vs State of West Bengal the Hon’ble Calcutta HC has held that a sentence of imprisonment for life without the possibility of remission can only be granted by the trial Courts in rape cases and no..

It would be in the fitness of things to mention right at the outset before stating anything else that in a very significant development, the Rajasthan High Court at Jodhpur in a learned, laudable, landmark and latest judgment titled Nand Lal Through His Wife Rekha v. State of Rajasthan in D.B. Criminal Writ Petition No. 10/2022 and cited in 2022 LiveLaw (Raj) 122 th..

•    Additional Sessions Judge Rajesh Gupta, while rejecting the anticipatory bail application filed by a man facing a case for cheating and forgery for allegedly concealing his employment status and sexuality from his wife, Judge Rajesh Gupta stated that, in addition to financial losses, the future of a young girl had been negatively aff..

KEY TAKEAWAYS DNA testing is a means of analyzing the structure of a person's genome by taking samples of their DNA from their hair, fingernail, skin, or blood. DNA testing is one of the most accurate techniques to determine a person's paternity or identify a body, with ..

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 intercourse with her.  The accused in the instant case was arrested on 9 September, 2..

KEY TAKEAWAYS Every man holds a ‘right to reputation’.It is a jus in rem – a right good against the public in large. The law of defamation provides for balancing of interest – an interest which a person has in his reputation v/s interest that a person has..

Key Takeaways Prevention of Corruption Act, 1988 (hereinafter referred to as “PCA”) provides the law for Prosecution of Judges for Corrupt Practices. Anticipatory Bail in such offenses is generally rejected if a prima facie offence has been made out from the evidence..

KEY TAKEAWAYS The three stages of litigation are the filing of a lawsuit, adjudication of the lawsuit, and execution of the lawsuit. Execution is the last and final step of litigation, which is when the case is put into action. A judgment-..

Key Takeaways Criminal Procedure (Identification) Bill, 2022 is supposed to replace the older Identification of Prisoner’s Act, 1920. Under the provisions of this Bill, a person who has been detained under any Preventive Detention Law can also be made to give measurements...

In Monirul Molla vs State of West Bengal the Hon’ble Calcutta HC has held that a sentence of imprisonment for life without the possibility of remission can only be granted by the trial Courts in rape cases and no others. The Court was hearing an appeal against a conviction for murder and offences under the Arms A..

In Rajesh, Dnyanoba and Godavaribai vs Parwatibai and ors. the Bombay HC has held that if a woman adopts a child after the death of her husband, then the adopted child cannot claim any share in the property owned by the dead father as he cannot be considered as the child of the dead father.  The Court further held..

Divorce By Mutual Consent Valid Under Muslim Law, Can Be Declared By Court: Bombay HC In the case of Shaikh Taslim Sahikh Hakim vs State of Maharashtra and anr. the Hon’ble Bombay HC has held that a Family Court can dissolve a Muslim marriage by way of mutual consent following an amicable settlement between the ..

The Hon’ble SC, in Chaiman-cum-MD Fertilizer Corporation of India Ltd and anr vs Rajesh Chandra Shrivastava and ors. has observed that the ad hoc payments made in compliance with the interim orders of the Court do not form the part of wage within the meaning of section 2(s) of the Payment of Gratuity Act, 1972 for the purpose of calculating gratuity.&n..

In the case of Shaikh Taslim Sahikh Hakim vs State of Maharashtra and anr. the Hon’ble Bombay HC has held that a Family Court can dissolve a Muslim marriage by way of mutual consent following an amicable settlement between the parties.  In the instant case, the husband sought quashing of the FIR registered w..