The Hon’ble SC, in the case of State of Punjab vs. Anshika Goyal has observed that providing a reservation to a class of persons, and the percentage decided from the same is a policy decision, and the HC cannot, under Article 226, issue a writ of mandamus for the same. In the instant case, the Punjab and Haryana ..
The Hon’ble SC, in the case of Joseph Stephen vs Santhanasamy has held that the right of appeal that has been provided to the accused under section 372 of CrPC is an absolute right and no special leave is necessary in this case, as is needed in section 378(4) of CrPC. Additionally, the Court has also held that the HC, in the exercise of revisional juri..
KEY TAKE AWAYS FIR its meaning, objectives, contents, its evidentiary value and its corroborative value. Understanding related concepts like Cognizable and Non-Cognizable offences, Information and Complaint. Some important case laws that b..
KEY TAKEAWAYS The detention of a minor child by a parent or others if proved had taken place illegally and without legal authorization, the writ of habeas corpus can be invoked in cases of child custody. The Hindu Minority and Guardianship Act 1956 or the Guardians and Wards Act..
KEY TAKEAWAYS Article 51A(a) of the Constitution of India states that it shall be the fundamental duty of every Indian citizen to "abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem". Supreme Court: the guidelin..
The Consumer Protection Act, 1986 was enacted to promote consumer welfare and protect the rights of the consumers, and in order to accomplish the same, the Consumer Commissions in the National, State and District level for Consumer dispute redressal was established. In contrast, the objective of these Commissions was to deliver justice and provide cost-effective and..
While drawing the red line on what a Kazi can do in his role to settle dispute, the Indore Bench of Madhya Pradesh High Court on January 12, 2022 has in a learned, laudable, landmark and latest judgment titled Aadil vs Union of India and others in 2022 LiveLaw (MP) 13 in Writ Petition No. 24741/2018 (PIL) clearly laid down that a Kazi can entertain a dispute and act..
KEY TAKEAWAYS The Indian Constitution came into effect on January 26, 1950, and number of amendments have been made since then. India is considered to be a sovereign, socialist, secular, democratic, and republic with a parliamentarian government. li style="text-align: ju..
KEY TAKE AWAYS Though there are no laws specific to blasphemy India there are some provisions relating to it mentioned under the IPC. The events of the Charlie Hebdo Case and what was held. The events of the Anika Attique Case and what was..
INTRODUCTION Dowry death was first used around 1977-78 when investigations pointed out that death of many women which were earlier labelled as suicide and accidental deaths were a..
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..
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