In a controversial move, the Hon’ble Apex Court has invoked its powers under Article 142 of the Constitution in Jatin Agarwal vs. State of Telangana to quash a rape case as the Court has noted that the complainant has married the appellant/accused. It is important to note that article 142 of the Constitutio..
POCSO Victim Can Be Cross-examined By Prosecution (State) If She Turns Hostile: Karnataka HC In the case of State of Karnataka vs Somanna and ors. Justice Nagaprasanna of the Karnataka HC has held that a survivor of a case which falls under the ambit of POCSO Act may be cross-examined by the State if she turns hostile..
With regard to the Satyam-Liberty Cinema Blast Case (2005), which involved two blasts at two different Cinema Houses in Delhi, the Additional Sessions Judge, Dharmender Rana, cleared Trilochan Singh of all charges under Sections 18 and 20 of the Unlawful Activities (Prevention) of Atrocities Act and Section 25 of the Arms Act. The reasoning behind this judgm..
In the case of State of Karnataka vs Somanna and ors. Justice Nagaprasanna of the Karnataka HC has held that a survivor of a case which falls under the ambit of POCSO Act may be cross-examined by the State if she turns hostile. However, the Court also held that the cross-examination can be done only if it complie..
The Hon'ble Rajasthan High Court observed in T.C. Gupta v. Union of India (2019) that the petitioner, Shri T.C. Gupta, an Advocate registered under the Rajasthan's Bar Council, had filed Original Applications in the Tribunal and writ petitions in the HC and had personally signed the pleadings, etc. without having been authorized explicitly in this re..
KEY TAKEAWAYS Criminal cases are of two types: summons case & warrants case. Warrant cases are offences punishable with death penalty or life imprisonment or imprisonment upto two years. Difference between summons case & warrants c..
KEY TAKEAWAYS Indrani Mukherjee is a prime accused in the Sheena Bora murder case. Indrani Mukherjee was Sheena Bora’s mother. She is accused of murdering her daughter for financial, and personal reasons including a land dispute issue. li style="text-align: justify..
Justice Manmohan and Justice Sudhir Kumar Jain observed in Union of India V. Central Information Commission & Anr. that the Enforcement Directorate is exempted from providing information as stipulated in the II Schedule of the Right to Information Act (RTI) unless the information corresponds to allegations of corruption and human rights violations. ..
All India Muslim Personal Law Board Moves The Supreme Court Against The Karnataka HC’s Verdict As many of us would have probably expected, the All India Muslim Personal Law Board has moved the Apex Court against the judgement of the Karnataka HC by which it had upheld the ban of hijab in educational institutions..
As many of us would have probably expected, the All India Muslim Personal Law Board has moved the Apex Court against the judgement of the Karnataka HC by which it had upheld the ban of hijab in educational institutions (Resham vs State of Karnataka). The Court had held that the wearing of hijab is not an essentia..
KEY TAKEAWAYS Umar Khalid was arrested on 14th September 2020, and is currently imprisoned at Tihar Jail, New Delhi under the UAPA (Unlawful Activities Prevention Act, 1967). Umar was accused of creating a “larger conspiracy” and creating political imbalance. ..
KEY TAKEAWAYS The Indian Judicial System follows the adversarial system. Criminal trial can be divided into two parts: Sessions Trial & Magistrate Trial. Sessions Court is court of first instance dealing in serious criminal offences./..
The Honourable Supreme Court in the case of State of Uttarakhand & Ors. V. Sanjay Singh Chauhan &Ors.[Petition for Special Leave to Appeal No .33645/2018] has dismissed the petition challenging the order passed by High Court of Uttarakhand in a writ petition, wherein the State (here petitioner) was directed to release and pay the salaries to the peti..
Mother Entitled To Maternity Leave Of 26 Weeks For Third Child: Having Surviving Children Means Having Custody Of Children: Madras HC In a significant judgement titled K. Umadevi vs Government of Tamil Nadu and ors. the Hon’ble Madras HC has held that a woman is entitled to a maternity leave of 26 weeks if she d..
In the recent case of Anirudh Kamal Shukla vs Union of India through Assistant Director, ED the Allahabad HC has held that for money launderers, jail is a rule and bail is an exception. The Court stressed on the fact that money laundering is an economic threat to the national interest and is committed by white collar criminals who cannot be so easily traced...
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