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Prosecution Is Required To Prove Its Case Beyond Reasonable Doubt: Not Beyond All Iota Of Doubt :SC

Affirming the order of the High Court of Allahabad, the Hon’ble Supreme Court (SC or Court),in Karan Singh v State of Uttar Pradesh has observed that the prosecution is required to prove its case beyond reasonable doubt, and not beyond all iota of doubt.  The appeal was filed against the order of the High Court affirming the sentence of the Trial ..

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Clinical Trail Data On Adverse Effects Of Covid Vaccine Must Be Made Available To Enable Citizens To Make An Informed Choice: Mandating Vaccines Against Fundamental Rights: Sr Adv Prashanth Bhushan To SC

The Hon’ble Supreme Court (SC or Court),in its final hearing in the plea challenging the constitutionality of Covid-19 vaccine mandate, in the case of Jacob Puliyel v Union of India, has asked the Government to respond whether a person has absolute rights to deny the vaccine. The plea seeks a declaration from the Court that mandating Covid-19 vaccine by way of making it..

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Top News Headlines 2nd March 2022: Kejriwal’s Rent Aid Promise Bad In Law: Principle Of Promissory Estoppel Will Not Apply

Kejriwal’s Rent Aid Promise Bad In Law: Principle Of Promissory Estoppel Will Not Apply: SC The Hon’ble SC in Najma and anr. vs. Govt. of NCT of Delhi has dismissed the challenge to the order of the Delhi HC in September 2021 wherein the HC had stayed the order of the single Judge for enforcing the promise..

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Digital Rupee - Its Understanding

Central Bank Digital Currency (CBDC), as per the Reserve Bank of India (RBI), is a digital representation of legal tender money issued by a central bank. It is a digital version of the Indian Rupee, fiat currency. Consequently, it may be traded for fiat money on a one-for-one basis. Fiat money is a type of currency that the government of a nation issues. Historically, it was distributed by bank..

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The Courts Have No Power To Extend The Period Of Limitation On Equitable Grounds: SC

The Hon’ble Supreme Court (SC),in an appeal filed by way of a Special Leave Petition (SLP) in the case of Lingeshwaran Etc. v Thirulimgam,has affirmed the view taken by the Madurai Bench of High Court of Madras (HC) with regard to the condonation of delay.   The High Court, in its judgment, set aside the imp..

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General Exceptions Under IPC

KEY TAKEAWAYS The burden of proof is governed by Section 101 of the Indian Evidence Act, 1872 which does not shift and lies on the prosecution to prove its case. However, if the accused claims any general exception defence, the burden of evidence shifts to the accused to demonstrate that..

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Top News Headlines 1st March 2022: Penetration Of The Slightest Degree Essential To Establish The Offence Of Rape: Calcutta HC Modifies Conviction

Penetration Of The Slightest Degree Essential To Establish The Offence Of Rape: Calcutta HC Modifies Conviction The Hon’ble Calcutta HC has, in Dipak Sihna vs. State of West Bengal recently observed that penetration of the slightest degree is necessary to establish the offence of rape and that in the case at han..

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Kejriwal’s Rent Aid Promise Bad In Law: Principle Of Promissory Estoppel Will Not Apply: SC

The Hon’ble SC in Najma and anr. vs. Govt. of NCT of Delhi has dismissed the challenge to the order of the Delhi HC in September 2021 wherein the HC had stayed the order of the single Judge for enforcing the promise made by CM Kejriwal to pay the rent of the poor tenants who were unable to pay the rent in the nation-wide lockdown imposed in 2020. ..

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Licensing Of A Fair Price Shop Doesn't Fall Under Article 19(1)(g); Court Can Utilize Its Powers Under Article 226 Of The Constitution, To Not Re-Appreciate The Evidence: Allahabad HC

In Radhey Shyam v. State of UP Thru. Prin. Secy. Food and Civil Supplies Lucknow, the Hon'ble HC observed that the primary objective of the public distribution system is to serve the public, primarily the poor sections of society, by maintaining the supply of essential commodities at affordable prices, rather than setting up any business for the advantag..

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Right To Protest Not Lost Only Because Issue Is Pending Before Court: SC

The Hon’ble High Court (HC or Court) of Andhra Pradesh, while disposing a writ petition (Mandamus) in the case of K V Krishnaiah v State of Andhra Pradesh has observed that a petitioner’s right to protest shall not be lost on merely on the grounds that he has approached a constitutional Bench on the same subject matter.   li style="t..

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If The Criminal Offence Is Distinctly Remote And Unconnected With The Common Intention, Section 34 Would Not Be Applicable: SC

The Hon’ble Supreme Court (SC or Court),in Krishnamurthy @ Gunodu v State of Karnataka, has observed that Section 34 of the Indian Penal Code, 1860 is not attracted if the final outcome is remote and unconnected with common intention amongst the perpetrators.   The matter arose as a result of conviction of o..

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Legal Consequences Of Having A Misbehaved Pet: Negligence Paves The Path For Compensation And Imprisonment

KEY TAKEAWAYS The Indian Penal Code is a comprehensive code that aims to encompass all aspects of criminal law and lays down the penalties and remedies available for committing any wrongful act. The law stipulates several penalties for particular breaches, and justice in India is adminis..

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Penetration Of The Slightest Degree Essential To Establish The Offence Of Rape: Calcutta HC Modifies Conviction

The Hon’ble Calcutta HC has, in Dipak Sihna vs. State of West Bengal recently observed that penetration of the slightest degree is necessary to establish the offence of rape and that in the case at hand, only the offence of attempt of rape could be made out.  In the instant case, the accused had been convict..

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Circumstantial Evidence Should Not Only Be Consistent With Guilt Of Accused But Also Be Inconsistent With His Innocence: Allahabad HC

While drawing curtains on all the doubts on the evidentiary value of circumstantial evidence, the Allahabad High Court in a learned, laudable, landmark and latest judgment titled Shriniwas vs State of UP and 3 Others in Criminal Misc. Application U/S 372 Cr.P.C (Leave to Appeal) No. 150 of 2014 delivered recently on February 11, 2022 has held that circumstantial evi..

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Mere Delay in Filing Writ Not A Valid Ground To Veto An Action Under Article 32 When Fundamental Rights Are At Stake: SC

The Hon’ble SC has, in a writ petition titled Sunil Kumar Rai vs State of Bihar has held that a mere delay in filing a writ petition would not be a sufficient ground for not entertaining that application, when it is clear that the fundamental rights of the citizens are at stake. In the instant case, the petitione..

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