A two judge Bench consisting of Justice L. Nageshwar Rao and Justice Abhay S. Oka dismissed a writ petition filed under Article 32 of the Constitution, in the case of Puja Gupta and Anr v The Bar Council of India and Anr. The Writ was filed challenging the election notification dated 14 Jan 2022 issued by the Responden..
KEY TAKEAWAYS Metaverse refers to a virtual space in which one may communicate with other people and go to places using whatever avatar you like. It is the establishment of a virtual universe that connects communities, products, businesses, workspace, entertainment, artists, and..
INTRODUCTION In the simplest terms, a Plea of Alibi could be understood as a defence in criminal proceedings where an accused tries to establish that he could not have committed the offence as he was elsewhere, and not present at the scene of the crime. The burden of proof lies on the accused to establish the plea that he was..
The Delhi HC has, in Kavita Tushir vs. Pushpraj Dalal CM(M) has held that there cannot be a piecemeal rejection of a plaint under Order VIII Rule 11 of CPC. The plaint can be rejected either in its entirety or not at all. The Delhi HC also held that the Court, while rejecting an application under Order VIII Rule 11 has..
KEY TAKEAWAYS The Insolvency and Bankruptcy Code, 2016 (IBC) is a mechanism for resolving or liquidating a Corporate Debtor whereby the future of the company is decided by the Committee of Creditors once the Adjudicating Authority approves an application under Section 7, 9, or 10 of the code. li style="text-al..
Supreme Court Bench, in the case of Indian Oil Corporation Ltd v Shree Ganesh Petroleum Rajgurunagar,has observed that an award will be patently illegal where the Arbitral Tribunal fails to acts on terms of the contract or ignores the specific terms of a contract. Brief facts of the case are that the Appellant took a plot of land (premise) on lease for a ter..
The Calcutta HC has, in the case tilted Manik Das vs Narcotics Control Bureau has interpreted section 37 of the Narcotic Drugs And Psychotropic Substances Act and has observed that the words ‘reasonable grounds’ means something more than mere ‘prima facie’ grounds. In the instant case, one Sanji..
In the case of Supratik Ghosh vs. State of West Bengal and anr. the Hon’ble Calcutta HC has held that the Magistrate, discharging an accused under section 245(2) of CrPC has to be satisfied of the fact that no case has been made out and has to record reasons for the same. Thus, he cannot discharge the accused merely on the ground that the accused has f..
S. 37 NDPS Act: Reasonable Grounds Mean Something More Than Prima Facie Grounds: Calcutta HC The Calcutta HC has, in the case tilted Manik Das vs Narcotics Control Bureau has interpreted section 37 of the Narcotic Drugs And Psychotropic Substances Act and has observed that the words ‘reasonable grounds’ me..
KEY TAKEAWAYS Dying declaration is an exception to the general rule and is based on the legal maxim “Nemo moriturus praesumitur mentire” which means that a man will not meet his maker with a lie in his mouth. The law regards the words of the dying person with great s..
KEY TAKE AWAYS Charge refers to the safety for securing the debt, by way of pledge, hypothecation and mortgage. Actionable Claim may be a claim or a debt that one can take an action. In other words, there exists a claim (debt during this case) and one can approach the court for ..
KEY TAKE AWAYS A sexual relationship between a married spouse and another who he/she is not legally married to is known as an extramarital affair also called as adulteration. Section 497 IPC and Section198 CrPC had delt with the criminalisation of extramarital affairs. l..
Setting aside the order of a single bench judge of the Delhi High Court (HC), Supreme Court (SC), in the case of Future Retail Ltd v Amazon.com Investment Holdings & Future Coupons Pvt Ltd v Amazon.com Investment Holdings observed that a civil contempt can be made only when there is a “wilful disobedience” and not where there is a mere disobe..
The Hon’ble Punjab and Haryana HC, in the case of Mamta Giri vs. State of UT Chandigarh has held that nothing contained in section 82 CrPC will bar a proclaimed offender to file an application seeking anticipatory bail, if he could satisfy the Court that he had cogent reasons for not being able to be present in Court. li style="text-align: just..
In the case of State Of Sikkim vs Jasbir Singh the Hon’ble SC has held that a criminal Court will have the jurisdiction to try a case against an army personnel when the Commanding Officer has not exercised his discretion under section 125 of the Army Act to initiate the proceedings of Court Martial. In the instan..
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