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KEY TAKEWAYS The Supreme Court's Constitutional bench held in KS Puttuswamy v. Union of India that the right to privacy is a part of the right to live with dignity under Article 21 of the Constitution. Thus, right to privacy has now been elevated to the status of fundamental right li style="text-align: jus..

Father Cannot File Habeas Corpus To Get The Child’s Custody From Mother: Karnataka HC In the case of Gaurav Raj Jain vs. State of Karnataka, the Karnataka HC has, by its order dated 4th January, 2022, held that a father cannot file a writ petition to secure the custody of his minor child. The Court has imposed a..

The Hon’ble SC has once again reiterated in Employees State Insurance Corporation vs. Union of India that both the client and the Court are not bound by a lawyer’s admission as to matters of law or legal conclusions. In the instant case, the respondents in the current matter had joined as Assistant Professo..

In the case of Gaurav Raj Jain vs. State of Karnataka, the Karnataka HC has, by its order dated 4th January, 2022, held that a father cannot file a writ petition to secure the custody of his minor child. The Court has imposed a fine of Rs.50,000 on the petitioner. In the instant case, the couple got married in 2009.a c..

KEY TAKEAWAYS The "Doctrine of Relation Back" states that an act performed at a later time is deemed to have occurred at a previous time by the law. The Civil Procedure Code, the Companies Act, the Registration Act, the Contract Act, and various other statutes all cont..

KEY TAKEAWAYS A person/suspect, usually least guilty, who is picked up with reference to a crime, or who is taken by the police for the purpose of giving evidence against his own colleagues is called as an accomplice or an approver. An accomplice’s evidence is also not fre..

KEY TAKEAWAYS Under section 118-134 of The Indian Evidence Act,1872 defines who can testify as a witness, how they can testify, what remarks would be deemed testimony and so on. A credible witness is capable of giving testimony and worthy of belief. li style="text-align:..

In the case of Jose Samuel vs. M/s Royal International Trade and Allied Products Pvt. Ltd. has rejected an application for the initiation of a CIRP (Corporate Insolvency Resolution Process) against the defendant- Royal International Trade and Allied Products Pvt. Ltd. on the ground that the application was barred by the principle of res judicata enshrined in..

The Hon’ble Allahabad HC, in the case of Satyaprakash vs. State of UP and ors. has held that while exercising the powers vested in the Court under Section 156(3) of CrPC, the Court can also monitor the ongoing investigation. In a plea before the HC, the appellants had contended that the police were acting in coll..

In a case titled Special Police Establishment vs. Umesh Tiwari and anr. the Madhya Pradesh HC has held that while the victim and the Courts can invoke section 91 of CrPC at any stage of the legal proceedings, be it investigation, inquiry or trial, the accused can only invoke the same when the investigation has been completed and the chargesheet has been file..

Stage At Which Section 91 Can Be Invoked: Read What Madhya Pradesh HC Has To Say In a case titled Special Police Establishment vs. Umesh Tiwari and anr. the Madhya Pradesh HC has held that while the victim and the Courts can invoke section 91 of CrPC at any stage of the legal proceedings, be it investigation, inquiry ..

Plea Taken By Defendant In WS Irrelevant While Considering An Application Under Order 7, Rule 11: Madhya Pradesh HC In the case of Foti Rakabchand Jain through LRs vs Foti Ratanlala Jain through LRs the Madhya Pradesh HC has held that the rejection of an application under Order VII Rule 11 of CPC would be illegal if t..

In the recent landmark case of Neil Aurelio Nunes and ors. vs. Union of India and ors. the Hon’ble SC, while upholding the validity of the 27% reservation of OBC in NEET-AIQ, stated that Article 15(4) and 15(5) are not an exception but an extension of the principle of substantive equality embodied in Article 15(1) of the Constitution of India. ..

The Punjab and Haryana HC, in a case titled Sukhchain Singh @ Chaini vs. State of Punjab has held that the rejection of a regular bail plea under 439 CrPC by considering it as an anticipatory bail plea under section 439 CrPC was a cause for grave concern, and the case file was sent to the Administrative Judge of District Faridkot for necessary action. ..

In the case of Foti Rakabchand Jain through LRs vs Foti Ratanlala Jain through LRs the Madhya Pradesh HC has held that the rejection of an application under Order VII Rule 11 of CPC would be illegal if the Court sought to rely on the written statements of the defendant rather than solely relying upon the averments in the plaint. li style="text-align:..