The Madras HC in the case of E-merge Tech Global Services P Ltd vs. Mr. M.R. Vindhyasagar and anr. (2021) has deliberated the conditions in which the Court may grant Compensatory Damages and in which it may grant Restitutionary Damages. A single judge bench comprising Justice N. Anand Venkatesh has observed- /ul..
KEY TAKEAWAYS While giving the judgement on a case, the Supreme Court specified certain criteria which need to be fulfilled in order for the offence to come under section 409, 420, 477-A of IPC and section 13(2) and 13(1)(d) of the PC Act. The provisions of all such sections are..
Key Takeaways Sex workers are protected by Right to Dignity Under Article 21 of the Constitution. Sex workers are eligible for dry rations under government schemes even when they can’t produce identification or proof of residence. Th..
On 7 October,2021 the Hon’ble SC issued guidelines on the grant of bail to those accused who are not arrested during investigation on the chargesheet being filed. The court clarified that the twin conditions imposed on the grant of bail by section 45 of the Prevention of Money Laundering Act have been struck down by the court in the case of Nikesh Tara..
The Hon’ble SC on 15 December, 2021 in The Bordeuri Samaj Of Sri Sri Maa Kamakhya vs. Riju Prasad and Ors. said that “contempt jurisdiction is always discretionary which should be exercised sparingly and with circumspection”. The Supreme Court on 7 July,2015, concurring with the decision of the Gauhat..
KEY TAKEAWAYS The term Custodial deaths is usually associated with intense pain inflicted on law offenders in forms of physical torture by the police or other official authorities such as army officers etc. The torture caused is in such a huge amount that it eventually leads to ..
KEY TAKEAWAYS In this article, we talk about the various aspects of conversion of a land from Residential to Commercial purposes. All these procedures have to be passed by the local authorities, keeping in mind any previous contracts or lease. li style="text-align: justi..
A bench of the Hon’ble SC comprising Justices LN Rao and BV Nagarathna on Tuesday in the case of Budhadev Karmasker vs. State of West Bengal held that “Right to dignity is a Fundamental Right that is guaranteed to every citizen of this country irrespective of his/her vacation” The Hon’ble Court ..
The Gauhati HC on Friday held that a mere promise to marry will not be a misconception of fact under Section 90 IPC. The petitioner was accused by the girl’s family of kidnapping and raping her on the pretext of marriage. The accused was booked under section 419 (punishment for cheating by personation), section 3..
On 12 December, 2021 the Hon’ble Punjab and Haryana HC in the case of Neha vs. Vibhor Garg hasrefused to allow the husband to prove the cruelty of his wife by producing a CD of recorded conversations between him and his wife. These conversations were recorded without the knowledge of the wife. With this observati..
The Hon’ble Bombay High Court on 14 December, while hearing an anticipatory bail application (Alnesh Akil Somji vs. State of Maharashtra) has ruled that an accused can be granted anticipatory bail even if he is already in custody for another offence. According to the counsel for the applicant, the learned Session..
While cancelling the bail order of the Sessions Judge, Hon’ble Justice W. Diengdoh of the Meghalaya HC on 10 December, 2021 in State of Meghalaya vs. Heibormi Dkhar said that “it is obvious that the impugned order is passed without due application of mind and the discretionary power was not exercised judiciously which leaves this Court with no op..
In an appeal filed by the husband in a dowry case (Vishnu R. Vs State of Kerala), Justice M.R.Anitha of the Hon’ble Kerala HC has held that the gifts given to the bride for her welfare are outside the scope of Dowry Prohibition Act. The petitioner in this case had married the respondent in 2020. Relations became ..
While denying bail claimed on the ground of parity in the case of Suraj vs. State, the Hon’ble Delhi HC said that “the purpose of the POCSO Act is to treat minors as a class by itself and to treat them separately so that an attempt to sexual assault or harass or molest or abuse the minor entails graver and stricter consequences. The ultimate purp..
Right To Dignity A Fundamental Right: SC A bench of the Hon’ble SC comprising Justices LN Rao and BV Nagarathna on Tuesday in the case of Budhadev Karmasker vs. State of West Bengal held that “Right to dignity is a Fundamental Right that is guaranteed to every citizen of this country irrespective of his/he..
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