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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..

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..

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. ..

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..

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..

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..

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..

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..

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..

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..

The Hon’ble High Court of Delhi (HC or Court), in Sushila Devi v Union of India issued a notice challenging several provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) and the Juvenile Justice (Care and Protection of Children) Model Rules, 2016 (Model Rules).   The notice ..

The Hon’ble Supreme Court (SC or Court),in Punjab National Bank v Union of India & Ors has set aside the impugned order of the Allahabad High Court (HC) in favor of the Petitioner.  The Court held that the Respondent’s contention that a confiscation order could not be quashed owing to a security interest created in respect of the same pr..

The Hon’ble High Court of Delhi (HC or Court),in Sushila Devi v Union of Indiaissued a notice challenging several provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) and the Juvenile Justice (Care and Protection of Children) Model Rules, 2016 (Model Rules).   The notice wa..

The Hon’ble Supreme Court, in Horticulture Experiment Station Gonikkopal, Coorg vs. Regional Provident Fund Organisation has observed that the element of mens rea, which is otherwise necessary for fastening criminal liability, is not essential for imposing penalty in cases of breach of civil obligations. In the i..

The Hon’ble Supreme Court (SC or Court),in Ruchi Soya Industries Ltd v Union of India &Orshas observed that claims which were not lodged pursuant to pursuant to public announcements under Sections 13 and 15 of the Insolvency & Bankruptcy Code, 2016 (IBC) and not forming part of the resolution plan submitted before the NCLT would not survive. &n..