The Hon’ble SC has observed that keeping a daughter in law’s jewellery for safekeeping does not constitute cruelty within the meaning of section 498A of IPC. In the instant case, the complainant had filed a case of dowry harassment against her husband and her in-laws after they came to India. The Court pass..
KEY TAKEAWAYS The primary objective of Section 197 is to protect the public servants from frivolous criminal complaints. Thus, this Section protects the public servants from unnecessary harassment Protection can be availed under this Section "only when alleged act done by t..
KEY TAKEAWAYS In the recent case of Kaushal v. State of Haryana and others, the Punjab and Haryana High Court clarified that, following Supreme Court orders, no area of a police station should be left unprotected by CCTV surveillance, which would inevitably include interrogation rooms. li style="text-align: ju..
In a very significant and noteworthy development, we see that the Indore Bench of Madhya Pradesh High Court in a learned, laudable, landmark and latest judgment titled Saurabh & another vs State of M.P. & Ors in W.P. No. 26947/2021 that was heard on December 17, 2021 and then finally delivered on January 12, 2022 has held clearly that Registrar of Public Tru..
Introduction Since time immemorial, women always had to fight for all of their rights. One such rights is the Right to Property. In a Hindu household, it was always assumed..
KEY TAKEAWAYS The Delhi High Court has requested the Central Government's response to a review petition seeking to declare the Muslim husband's "assumed absolute discretion" to divorce his wife (talaq-ul-Sunnat) at any time without giving her any reason or advance notice as arbitrary, anti-Shariat, d..
In the case of Mohammad Rafi and ors. vs. State of Kerala and ors. the Hon’ble Kerala HC was called upon to interpret section 299 of the Code of Criminal Procedure, and it held that for recording the evidence of witnesses under 299 CrPC, it is imperative that the accused has absconded and there is no immediate prospect of arresting him. li styl..
In the case of Nirmal Ghosh vs. Partha Ghosh the Hon’ble Tripura HC has held that any plea for conducting a DNA test cannot be entertained by the court unless there is an explicit challenge to the birth documents and school records of a person. In the instant case, the petitioner had alleged that the respondent, ..
To Record Witness Evidence Under 299 CrPC, Must Prove That The Witness Is Absconding With No Possibility Of Arrest: Kerala HC In the case of Mohammad Rafi and ors. vs. State of Kerala and ors. the Hon’ble Kerala HC was called upon to interpret section 299 of the Code of Criminal Procedure, and it held that for r..
ABSTRACT The Indian Judiciary is the evaluation sign for this big country. The Indian Judicial structure is viewed as the strongest Judicial System in the world. The Judiciary is often praised for working towards ensuring the protection of its citizen's rights and privileges and also for looking after the weaker sections ..
KEY TAKEAWAYS In the case of Shobha and Anr. vs. State of Rajasthan and Ors., the Hon'ble High Court of Rajasthan denied police protection to the runaway couple, stating that there is no proof on record that they were under threat from their family. The court stated that if ..
The Hon’ble SC in a case titled State of Orissa vs. Prasanta Kumar Swain has held that the HC cannot dispose of a writ petition without appreciating the grounds on which the case has been challenged as it is the Court's primary duty to ascertain whether the decision of the Tribunal is sustainable on facts and law. li style="text-align: just..
In a case titled Reshma vs. Union of India through the Ministry of Women and Child Development, GOI and ors., the Dlehi HC has sought a response of the Central Government seeking to declare talaq-ul-sunnat as unconstitutional owing to the arbitrary power of the muslim husband to divorce his wife at any time without any reason or advance notice. This was cont..
The Madras HC has, in a case titled R.Ganesan vs. M/s ASREC (India) Ltd. dismissed the writ petition and has reiterated the settled legal position that if an alternate remedy is available, a writ petition cannot be filed. As per Section 17 of the SARFAESI Act, an appeal can be filed before the Debt Recovery Tribunal wi..
Notice Issued By Delhi HC In A Petition To Declare Talaq-ul-Sunnat As Unconstitutional In a case titled Reshma vs. Union of India through the Ministry of Women and Child Development, GOI and ors., the Dlehi HC has sought a response of the Central Government seeking to declare talaq-ul-sunnat as unconstitutional owing ..
CCI Articles
You can also submit your article by sending to article@lawyersclubindia.com
submit article