Key Takeaways Bail can be understood as a procedure by which a judge or magistrate sets free someone who has been arrested or imprisoned, upon receipt of security to ensure the released prisoner’s later appearance in court for further proceedings. When a person is arrested..
Key Takeaways In 2002 the ex-wife filed a Civil Suit asking for maintenance from the petitioner. The petitioner resisted this on the grounds that talaq had been declared, and he has contracted another marriage, and is fathering a child too. Further he was acquitted in the dowry suit filed by the ex-wife. A Muslim must provide support t..
KEY TAKEAWAYS In the cruise ship drug case, a Special NDPS court in Mumbai denied bail to Aryan Khan, son of star Shahrukh Khan, Arbaaz Merchant, and Munmun Dhamecha on Wednesday. The order was issued by Special Judge VV Patil. DET..
KEY TAKEAWAYS Many people have been perplexed by the distinction between furlough and parole, both of which benefit the accused. The Supreme Court took up the issue on Wednesday, explaining the basic differences between furlough and parole, as well as the rules that govern their..
Key Takeaways On 08th October 2021, Justice R. Devdas of the High Court of Karnataka granted interim relief in favor of 38 MBBS graduates of St. John’s Medical College(SJMC). The relief was sought against the state government notification published on 4th October 2021, ord..
KEY TAKEAWAYS Karnataka High Court observed that after an investigation is done and a B-Report is filed by the police, there is no limitation under the Right To Information Act against disclosing information about it. The above observation was made by a single judge bench of Jus..
Key Takeaways The petitioner filed a petition against the Munsiff Court’s order allowing an amendment to the statement made by the respondent. The court considered two questions; when does a trial commence, and if a wilful admission made in the pleadings can be stricken do..
Default Bail Is An Indefensible Right; It Cannot Be Suspended Even During The Pandemic: Delhi HC Default bail is a fundamental right which flows from Article 21 of the Constitution and cannot be suspended even during COVID pandemic. The case was of Abhishek v. State. The decision was given by Justice Manoj Kumar Ohri. The Cou..
KEY TAKEAWAYS The Kerala High Court expressed concern on Tuesday over the rising number of cases filed under the Protection of Children from Sexual Offences Act (POCSO) in the state, as well as the lack of a system to protect children from the perpetrators' threats. Justice ..
Development of Law of Torts Tort laws were designed to compensate the injured party by obliging the wrongdoer to compensate for his act or omission. Generally, all torts are wrongs, but all wrongs do not come within the ambit of Torts. Salmond says that a tort is an “obligationes ex delicto”, that is, it arises wh..
NEGLIGENCE Negligence is defined as the absence of such care as was the duty of the defendant to use or exercise. It is conduct that fails to meet the standard required by law to safeguard others. It can be committed against a person or their property. Winfield defines negligence as &ldq..
KEY TAKEAWAYS The Supreme Court remarked last month in a judgement that rejected criminal proceedings against a property buyer that a civil dispute had been given the appearance of a criminal offence. The bench of Justices Indira Banerjee and J K Maheshwari made the above observ..
SC: Criminal Proceedings Cannot Become Weapons Of Harassment The case was of Randheer Singh v. State of UP. The decision was given by Justices Indira Banerjee and JK Maheshwari. The Court held that dispute of a civil nature has been given colour of criminal offence. The High Court should examine whether a complaint discloses ..
Key Takeaways Physical filing of cases by the government will not be allowed after 1 January 2022. The High Courts will be responsible for issuing any circulars or notifications regarding the same. The judiciary has been attempting to digi..
Key Takeaways Courts are routinely assigning community service as a bail condition. Interpretations of the bail provisions in the Criminal Procedure Code indicate that the courts cannot impose these conditions, and such conditions should be void li style="text-align: jus..
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