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Karnataka HC: Covid 19 Not A Valid Ground For Seeking Further Extension Of Parole Leave

Key Takeaways The Karnataka High Court refused to extend the parole leave of a life convict suffering from COVID-19 disease. Principle of criminal jurisprudence that release of a convict on parole or furlough cannot be sought as a matter of right h2 style="text-a..

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Principle Of Preferential Candidates Applies When There Is A Tie With A General Candidate: Supreme Court

Key Takeaways Justices Sanjay Kishan Kaul and MM Sundresh who formed the Bench together gave a judgement stating that the principle of preferential candidates should apply when there is a tie between the preferential candidate and the general candidate. It stated that a person w..

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Top News Headlines 3rd Nov 2021: Principle Of Preferential Candidate Applies When There Is A Tie With A General Candidate

Principle Of Preferential Candidate Applies When There Is A Tie With A General Candidate The Supreme Court observed that the principle of preferential candidates would apply when there is a tie between the preferential candidate and a general candidate. The case was of Chairman, TANGEDCO v. Priyadaarshini. The decision was gi..

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LLB Notes: First Year: Law Of Torts:Unit 2: Specific Torts – I: (f) Parental And Quasi Parental Authority

Introduction The second part of the “General Defences” under the law of tort deals with the defences of certain authorities which includes parental, quasi parental, authorities of necessity, statutory authority, etc. The law of torts makes an exception for persons who are acting under such authority and excuses th..

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LLB Notes: First Year: Law Of Torts: Unit 2: Specific Torts – I: (e) Judicial And Quasi-Judicial Acts

Introduction Under the law of tort, there is a topic called “General Defences” which provides a set of defences that a person can undertake to escape liability. So when the plaintiff brings an action for tort, the defendant can plead for these defences. If the court feels that the defence is justified, the wrongdo..

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The Legality Of Cryptocurrency

Key Takeaways Cryptocurrency or crypto can be defined as a collection of binary data which is designed to work as a medium of exchange. The rise in the popularity of cryptocurrencies and their adoption by financial institutions has led some governments to assess whether regulati..

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Judge Bashing Has Become A Favorite Pastime For Some: AP High Court Directs Take Down Of Abusive Social Media Content

Key Takeaways Judges becoming soft targets of organized campaigns in a politically polarized environment Judge bashing is a favorite pastime for some people Background The High Court ..

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Rights Of Persons With Disability Act Not An Embargo On Exercise Of Parens Patriae Jurisdiction By HC Under Article 226

Key Takeaways The "wills and preferences" of a mentally ill person have to be considered by the Court in deciding how care is to be given. Credence has to be given to the views of the person with mental illness to the extent that the person understands the nature of th..

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The Embargo For Grant Of Bail Under Section 43 D (5) Of The Unlawful Activities Prevention Act Will Not Be Attracted If The Charge Sheet Does Not Reveal A Prima Facie Case

Key Takeaways “After perusing the charge sheet, if the Court is unable to draw such a prima facie conclusion, the embargo created by the proviso will not apply" “The Court has to examine the material forming a part of the charge sheet for deciding the issue whet..

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Justice D Y Chandrachud: Awareness Of Women’s Rights Can Be Truly Meaningful If It Is Created Among Our Society’s Younger Generation Of Men

Key Takeaways It is critical to raise legal awareness among women about how to enter the workforce in the first place. There must be an intersectional approach to discrimination and violence which women face Observation ul..

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Mere Dispatch Of Public Analyst's Report To Accused Not A Sufficient Compliance Of Mandatory Requirement To Serve It On Him

Key Takeaways Mere dispatch of the report of a public analyst to the accused is not sufficient compliance with the requirement of subsection (2) of Section 13 of the Prevention of Food Adulteration Act, 1954, to serve the report on him/her. Observation li..

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Kapil Sibal Makes Valid Point On PMLA Interpretation

We saw how just recently on October 27, 2021, the Supreme Court commenced hearing on the batch of petitions that were concerned with the interpretation of the Prevention of Money Laundering Act (PMLA). Kapil Sibal who is an eminent and senior lawyer of Supreme Court and also the former Union Law Minister as also former President of Supreme Court Bar Association and ..

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Failure To Communicate Rejection Of Detenu's Representation In Time Bound Manner Will Vitiate Detention Order

Key Takeaways Failure of Government to communicate rejection of a detenu's representation in a time-bound manner is sufficient to vitiate the order of detention passed under National Security Act. Background The accused..

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Proceedings Under Section 138 NI Act For Dishonoured Cheques Issued As Security

Key Takeaways This is the case of Sripati Singh (deceased) through son Gaurav Singh v. State of Jharkhand & Anr. The respondent approached the appellant and sought financial assistance for Rs. 1 Crore. The respondent submitted cheques as security, which were returned due to ..

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Notice To Victim Under Section 15A In Court Proceedings Against Accused Is Mandatory

Key Takeaways The Supreme Court observed that the victim must be notified about the proceedings made against the accused under Section 15A of the SC-ST (Prevention of Atrocities) Act and it is a mandatory requirement. The Bench consisting of Justices DY Chandrachud and BV Nagara..

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