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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:..

While upholding the need to maintain the sanctity of the undertaking that one gives to obtain compassionate appointment, the Calcutta High Court which is also the oldest High Court in India in a learned, laudable, latest and landmark judgment titled Smt Durgabala Mandal Vs The State of West Bengal & Ors. in FMA 334 of 2020 With CAN 1 of 2019 (Old CAN 6604 of 201..

KEY TAKEAWAY An injunction is a legal process in which someone who has infringed or threatened to infringe on another's rights is barred from continuing or initiating the wrongful act. An injunction is an order against a person, in which restraint or direction is given for d..

KEYTAKE AWAYS It is under the sections 14 to 16 in The Hindu Succession Act, 1956 where matters related to the succession of property of Hindu females is delt with. Inherited property of a Hindu female dying issueless and intestate goes back to the source. (‘Back to source..

KEY TAKEAWAYS Adultery is now seen as a civil wrong that has been decriminalized, although it was formerly regarded as a criminal offence. Adultery was earlier penalized under Section 497 of the Indian Penal Code, making it a criminal offence. li style="text-align: justi..

The Hon’ble SC has observed, in Renaissance Hotel Holdings Inc. vs. B. Vijaya Sai, that in an action for the infringement of trade mark, when it is shown that the trade mark of the defendant is identical to that of the plaintiff and the goods or services rendered by them are also identical, the Court shall presume that the public would be confused ther..