KEY TAKE-AWAYS Section 68 to 72 of the Indian Contracts ACT, 1872 Deals with ‘Quasi-contracts’. ‘Quasi Contracts’ are solely based on the conduct/relation of the concerned parties and are reliant on the possibility that one would unjustly benefit over the..
In Mandeep Kumar And Ors. v. UT Chandigarh And Ors., 2022, Justices Indira Banerjee and JK Maheshwari refused to meddle with the ruling of the Punjab and Haryana HC regarding the interchangeability/de-reservation. In this instance, after some applicants threatened to commit suicide in protest, a PIL was filed against t..
74th Constitutional Amendment Does Not Restrict State’s Power To Legislate In Matters Of Local Bodies: SC The Hon’ble SC has observed, in the case of State of Rajasthan vs. Ashok Khatoliya that the Constitution (Seventy-Fourth Amendment) Act, 1992 does not take away the State’s power to legislate in ..
In YYY v. Union of India (2022), Justice P.V. Kunhikrishnan of Kerala HC granted the victim's mother's request stating that it was a shame that the victim's father was the alleged perpetrator. She added that the accused shall not be allowed to get away from the clutches of the Indian legal system and shall be penalized in accordance with the law...
The Hon’ble SC has observed, in the case of State of Rajasthan vs. Ashok Khatoliya that the Constitution (Seventy-Fourth Amendment) Act, 1992 does not take away the State’s power to legislate in matters pertaining to local government. In the instant case, the Rajasthan HC set aside a notification issued by ..
KEY TAKEAWAYS When it comes to abortion, a hierarchy of rights is present before us which clearly depicts that mother’s rights are given more importance as compared to father’s. In India, there are provisions regarding the father’s rights in abortion however, t..
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 seek..
In Mohisin Salimbhai Quereshi V. State Of Gujrat, 2022, under the Central Goods and Services Act of 2017, Justice Gita Gopi granted bail to an accused after observing that in deciding bail applications, the Court should undoubtedly take the delay in concluding the trial into account. In this instance, the applicant was..
In Kalla @ Vidyaram Vs. State of MP (2022), Justice Anand Pathak overruled the Madhya Pradesh High Court's imposed condition for obtaining bail, which required a Bail Applicant to plant five seedlings of any 'fruit yielding tree' or 'Neem/Pipal tree,' by stating that the bail request was granted solely on the merits of the case and not in..
KEY TAKEAWAYS The purpose of criminal law is to defend and protect the interests of society among other things. However, there may be some instances where irregularities have been committed which may be curable irregularity or incurable a href="https://www.lawyersclubindia.com/news/irregularity-in-order-taking-cogniz..
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..
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..
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..
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..
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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