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Rajiv Gandhi Assasination Convict Perarivalan Released After 32 Years: Strong Opposition From Centre

In a very significant development, in the case of AG Perarivalan vs State of Tamil Nadu the Hon’ble SC has granted bail to the Rajiv Gandhi assasination case convict Perarivalan, who has moved the Apex Court seeking a remission of his sentence. The Bench of Justices Nageswara Rao and BR Gavai noted that Perarival..

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Child In Conflict With Law Can't Be Treated As Under Trial Prisoner U/S 436-A CrPC: MP HC

It is good to learn that the Gwalior Bench of Madhya Pradesh High Court in a learned, laudable, landmark and latest judgment titled Vidhi ka Ulaghan Karne Wala Balak Vs State of M.P. & Anr. in Criminal Revision No. 2108/2021 delivered as recently as on March 3, 2022 has held explicitly that a child in conflict with law (CCL) cannot be treated as an undertrial pr..

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The Existence Of Statutory Appeal Does Not Bar U/A 226 Judicial Review: Allahabad HC

Justices Vikram D. Chauhan and Anjani Kumar Mishra, in the case of Ram Harsh v. Union of India and 4 Others (2021), ruled that the Armed Forces Tribunal Act cannot limit the powers granted by the constitution. The authority granted by Article 226 of the Indian Constitution is exceptional and discretionary in spirit, and its fundamental powers cannot be limit..

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Top News Headlines 10th Mar 2022: Order 21 Rule 34 CPC Cannot Be Done Away With

Order 21 Rule 34 CPC Cannot Be Done Away With: Executing Court Has To Invite Objections From Judgement Debtor: SC The Hon’ble SC, in Rajbir vs. Suraj Bhan has observed that the Court, under Order 21 Rule 34 is duty-bound to invite objections from the judgement-debtor to the draft deed which has been submitted by..

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Settlement B/w Parties Led To Quashing Of FIR U/S 354, 498A IPC: Extreme Injustice If FIR Wasn't Quashed: Himachal Pradesh HC

In Ajay Kumar v. the State of Punjab And Others, Justice Sandeep Sharma ruled that the petitioner's offenses were relatively trivial, including neither moral depravity nor a heinous crime. Thus, the Court deemed it reasonable to quash the FIR and the subsequent proceedings, especially given that the two parties have found equitable grounds to settle the ..

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Order 21 Rule 34 CPC Cannot Be Done Away With: Executing Court Has To Invite Objections From Judgement Debtor: SC

The Hon’ble SC, in Rajbir vs. Suraj Bhan has observed that the Court, under Order 21 Rule 34 is duty-bound to invite objections from the judgement-debtor to the draft deed which has been submitted by the decree holder. It is pertinent to note here that Order 21 Rule 34 of CPC provides that where the decree is for..

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Condonation U/S 5, Limitation Act, Not Applicable To Suits: Must Be Strictly Construed: SC

Justices Indira Banerjee and JK Maheshwari, in F. Liansanga vs. Union of India (2018), have observed that the power of the courts to condone delay as provided in Section 5 of the Limitation Act, 1963 does not extend to suits. While upholding the judgement of the Guwahati HC, the Apex Court acknowledged the fact that the limitation might adversely affect the ..

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Top News Headlines 8th Mar 2022: Prosecutrix’s Right U/S 33(5) POCSO Vs Right Of The Accused To Recall Witnesses U/S 311 CrPC: Know What The Odisha HC Has To Say

Prosecutrix’s Right U/S 33(5) POCSO Vs Right Of The Accused To Recall Witnesses U/S 311 CrPC: Know What The Odisha HC Has To Say The Hon’ble Odisha HC has, in Pidika Sambaru vs State of Orissa and anr has held that the right of the accused to recall witnesses under section 311 of CrPC cannot always be deni..

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Magistrate Can't Back Out After Passing Order U/S 156 (3) CrPC: Obligation To Ensure Impartial Trial: Allahabad HC

In Madhav Singh v. the State of UP (2021), the Hon'ble Allahabad HC observed that after granting an order under Section 156 (3) CrPC, the Magistrate cannot back out of the matter, and the Magistrate is responsible for ensuring that the inquiry is conducted impartially and fairly. In this instance, the Hon'ble H..

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Important Covenants Of The Nato Pact: All That You Need To Know

KEY TAKEAWAYS The North Atlantic Treaty Organization was established in response to the threat posed by the Soviet Union during the post-World War II period. NATO is an international military alliance, the member states of which have agreed to mutually defend all the member stat..

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Kejriwal’s Rent Aid Proposal: A Breach Of Promise

KEY TAKEAWAYS Delhi CM, Arvind Kejriwal during a press conference promised the poor tenants of Delhi to pay their rent due to their inability to pay the rent during COVID Lockdown, 2020. The Delhi government thereafter issued an order and appealed to landlords to postpone collec..

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VVIP Chopper Scam Vis-À-Vis Section 45 Of PMLA

KEY TAKEAWAYS VVIP Chopper Scam is a fraud bribery case relating to the procurement of 12 were Agusta Westland AW101 helicopters for the purpose of providing Air transportation to VVIPs in India. Christian Michael James is a Britisher who had acted as a middleman in the scam and..

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Prosecutrix’s Right U/S 33(5) POCSO vs. Right Of The Accused To Recall Witnesses U/S 311 CrPC: Know What The Odisha HC Has To Say

The Hon’ble Odisha HC has, in Pidika Sambaru vs State of Orissa and anr has held that the right of the accused to recall witnesses under section 311 of CrPC cannot always be denied merely on the ground of the right of the prosecutrix under section 33(5) of the POCSO Act which provides that the Special Court has to ensure that the child (prosecutrix) is..

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Top News Headlines 7th Mar 2022: Go, Prepare For Exams! Plea For Cancellation Of Exam Dismissed By SC

Go, Prepare For Exams! Plea For Cancellation Of Exam Dismissed By SC The Hon’ble SC, in Suraj and ors. vs. Karnataka State University and ors. has refused to interfere with the order of the Karnataka HC wherein it had allowed the Karnataka State Law University to conduct the exams for a three-year LL.B. course...

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Penetration With Sexual Intent In Any Part Of The Victim's Body Is Sufficient Enough For Slamming S. 377 Of IPC: Punjab & Haryana HC Pass Verdict

The Hon'ble Punjab and Haryana HC has, in Ankit And Others v. the State of Haryana, recently made a significant comment, broadening the scope of Section 377 of the IPC, which stated that it would amount to an offense even if the penetration occurs on any other area of the victim's body (other than the vagina) with sexual intent. It was held by Justic..

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