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The Hon’ble High Court (HC) of Keralain Alli Noushad v Rashedd & Anr, has observed that Section 122 of the Indian Evidence Act, 1947 (Evidence Act) on marital confidence must be re-visited in light of modern times where it is being used as a legal weapon by criminals to suppress their crime. Section 122 of th..

The Hon’ble SC has, in Babu Venkatesh vs. State of Karnataka held that a magistrate cannot entertain an application under section 156(3) of CrPC unless the same has been accompanied by the affidavit of the complainant. The benefit of such a requirement would be that people would be deterred from casually invoking..

Kerala HC Acquits Mother For Allegedly Killing Her 9 Year Old Son; Says When A Woman Kills Her Progeny, There Is More Than Meets The Eye In the case of Teena vs. State of Kerala the Hon’ble Kerala HC has acquitted a woman who was accused of killing her 9 year old son, who was her only child. This was apparently ..

The Hon’ble High Court (HC) of Punjab & Haryana in the case of Joginder Singh v State of Haryana, set aside an order of the Trial Court rejecting default bail to the Petitioner and ordered the Petitioner to be released on furnishing requisite bonds. The petitioner was arrested under the Narcotics Drugs & ..

In a notable judgment titled Nand Kumar Verma v. State of Chhattisgarh & Anr. in CRMP No. 424 of 2018 and 2022 LiveLaw (Chh) 13 that was delivered finally on February 15, 2022, the Chhattisgarh High Court has held that in terms of Section 195 CrPC, no FIR can be registered for forging of documents or conspiracy committed before the Court, on the basis of a priva..

While clearly observing that malicious falsehood can’t become freedom of speech, the Delhi High Court in FIITJEE Limited Vs Vidya Mandir Classes Ltd & Ors in CS(OS) 656/2021 : 2022 LiveLaw (Del) 119 delivered recently on February 16, 2022 has maintained that care is to be exercised in order to avoid disparagement of another’s products or denigration ..

In the case of Teena vs. State of Kerala the Hon’ble Kerala HC has acquitted a woman who was accused of killing her 9 year old son, who was her only child. This was apparently done by her to avenge her disturbed marital life. The case of the prosecution was that due to marital discord, to wreck vengeance against ..

The Hon’ble Supreme Court (SC or Court),in the case of Satye Singh & Anr v State of Uttarakhand observed that if the prosecution fails to prove the prima facie facts against the accused, then burden of proof cannot be placed on the accused under the cloak of Section 106 of the Indian Evidence Act, 1872 (Evidence Act). li style="text-align: ..

Aggrieved Parties Can Move To RERA Authority Against Recovery Proceedings Initiated By Banks; RERA To Prevail Over SARFAESI Provisions: SC The Hon’ble Supreme Court (SC or Court) has upheld the decision of the Rajasthan High Court(HC) in the case of Union Bank of India v Rajasthan Real Estate Regulatory Authorit..

The Hon’ble Supreme Court (SC or Court) has upheld the decision of the Rajasthan High Court(HC) in the case of Manoj @ Monu @ Vishal Chaudhary v State of Haryana has held that the plea juvenility must be raised in a bonafide and truthful manner. Appeal before the SC was filed challenging an order passed by the Pu..

In the case of Somashekara @Soma vs. State of Karnataka the Hon’ble Karnataka HC has held that in case the advocate representing the accused who is in custody fails to appear before the Court, then the trial Court is obligated to appoint a legal aid advocate to defend the accused. In the instant case, the accused..

The Indian Evidence Act does not define the term "burden of proof." However, in simple terms, the burden of proof refers to the legal requirement or responsibility of the parties to establish the facts that will assist the court in reaching a decision in their favour. Therefore, the duty to prove a fact in a lawsuit is known as the Burden of Proof. The req..

The Hon’ble Supreme Court (SC or Court) has upheld the decision of the Rajasthan High Court(HC) in the case of Union Bank of India v Rajasthan Real Estate Regulatory Authority. The HC held that the Real Estate Regulatory Authority (RERA) can entertain complaints by home buyers against banks which took possession of real estate projects in its capacity ..

Grant Reservation To Transgender Persons In Public Appointments And Educational Institutions Within 4 Months: Rajasthan HC The Rajasthan HC has, in the case of Ganga Kumari vs. State of Rajasthan directed the State government to treat members of the transgender community as socially and educationally backward classes ..

The Hon’ble Supreme Court (SC), in the case of ECGC Limited v Mokul Shriram EPC JV, has held that the onerous condition to deposit an amount equal to 50% of the award shall not be applicable if the complaint was filed before the commencement of the Consumer Protection Act, 2019 (‘New Act’ or ‘the 2019 Act’). li style="te..