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Admissibility of Electronic Evidence in Courts

Introduction Electronic and information technologies have been making unprecedented inroads into the way we live in and the way we carry out our transactions in every sphere. This phenomenon in turn makes revolutionary changes in the way evidence is brought before and considered by the court. p style="text-..

Posted in articles |   7 comments |   1163 Views


CAFEPOSA and its Peculiarity

The Conservation Of Foreign Exchange And Prevention Of Smuggling Activities Act, 1974 (COFEPOSA), which came into force on December 19, 1974, came at a time when India appeared a heavenly abode for wrongdoers with names like Sukhar Narain Bakhia and Haji Mastan, all based in big cities of the western coast of India, and operating innumerable sorties across the Arabian..

Posted in articles |   259 Views


Reverse Burden Of Proof Does Not Absolve Prima Facie Case Against Accused: SC under NDPS Act

It must be mentioned right at the outset that in a significant development, the Supreme Court in a latest, landmark and extremely laudable judgment titled Hanif Khan @ Annu Khan Vs Central Bureau Of Narcotics Through Inspector L.P. Ojha in Criminal Appeal No(s). 1206 of 2013 delivered on August 20, 2019 has observed clearly and convincingly in no uncertain terms that,..

Posted in articles |   490 Views


Government Implements Strict Provisions Of Motor Vehicle (Amendment) Act 2019

It is most heartening to learn that as per an official release, the Government has notified 63 provisions of the Motor Vehicles Amendment Act 2019 including the ones dealing with enhanced penalties for various traffic offences. The new clauses would come into effect from September 1, 2019. The Ministry of Road Transport and Highways said in a statement that these are ..

Posted in articles |   527 Views


Assam's NGO suggests 'Standard Operating Procedure' for Foreigner's Tribunal to Supreme Court

An intervention application has been filed in the Supreme Court by the Brahmaputra Valley Civil Society, an Assam based NGO, in the petition filed by the All Assam Minority Students Union challenging the constitutional validity of the Foreigner’s (Tribunals) Amendment Order, 2019 which was issued by the Central Government on may 30th, 2019, with regard to the ..

Posted in news |   20 Views


Petition challenging Kashmir's lockdown is to be heard on 16th Sep.

Petition filed by Anuradha Bhasin, Executive Editor of Kashmir Times and Teseen Poonawalla against the media curb, detention of political leaders and curfew measures, following the abrogation of the special status are to be heard by the Supreme Court on September 16th. Anuradha Bhasin has raised the issue of media restrictions ..

Posted in news |   21 Views


CBI to summon Kalyan Singh in Babri Masjid Demolition Case

An application to summon Kalyan Singh, the former UP chief minister was initiated by the Central Bureau of Investigation in the CBI Court on 8th September, soon after the end of his term as the Governor of Rajasthan. Kalyan Singh was the chief minister of Uttar Pradesh when the mosque was demolished in Ayodhya and was not dragged i..

Posted in news |   21 Views


Session Court Grants Interim Bail To Kashmiri Activist Against Sedition Charges

Earlier in August, Shehla Rashid, a social activist and leader of Jammu and Kashmir People’s Movement, raised question on the mobilization of troops in the valley of Kashmir in regard with the abrogation of Article 370 and also claimed human rights violation by the troops in valley. A case was registered against her for passi..

Posted in news |   20 Views


Supreme Court order: High Court can't relax/modify instructions by Public Service Commission

In a noteworthy and commendable judgment titled The State of Tamil Nadu & Ors Vs G Hemalathaa & Anr in Civil Appeal No. 6669 of 2019 (Arising out of SLP (C) No. 14093 of 2019) delivered by the Supreme Court on August 28, 2019, a strict, stern and strong message has been sent to all the High Courts by reiterating that in judicial service, the High Court can'..

Posted in articles |   328 Views


A Legal Luminary And A Political Stalwart Passes Away

I have just no words to express my boundless dismay and dejection on first learning that a great legal luminary and a political stalwart whom we all know by the name of Arun Jaitley has finally left us and left for his heavenly abode on August 24! Earlier we saw how another legal luminary and political stalwart - Sushma Swaraj too similarly left us in this month of ..

Posted in articles |   2 comments |   271 Views


Seniority of Fast Track Court Judges

A 3-judge bench of the Supreme Court consisting of Justice Sharad Bobde, Justice R. Subhash Reddy and Justice Bhushan Gavai, has through its judgment in the case – Kum C. Yamini v. The State of Andhra Pradesh & Another, delivered on August 14, 2019, rejected the claim of Fast Track Court (FTC) ad hoc District Judges for grant of seniority from the date of th..

Posted in articles |   204 Views


Allahabad HC Bans DJs And Passes Directions For Regulating Use Of Loudspeakers

 It is most heartening and most refreshing to learn that in a major significant development, the Allahabad High Court has in a latest, landmark and extremely laudable judgment titled Sushil Chandra Srivastava and Another Vs State of UP and Others in Writ – C No. – 1216 of 2019 delivered on August 20, 2019 has very rightly imposed absolute prohibitio..

Posted in articles |   3 comments |   187 Views


Competition Law: Legal Milestones in 2018 and Future Prospects

Introduction: 2018 witnessed several notable developments in the competition law regime of India, with welcome changes, brought about by the Competition Commission of India ('CCI') and the Ministry of Corporate Affairs ('MCA', to promote a business-friendly ecosystem in India. p style="text-align:just..

Posted in articles |   140 Views


Substantive Evidence Preferable

A Supreme Court division bench consisting of Justice N.V.Ramana and Justice Mohan M. Shantanagoudar have declared in the judgment of the case - Chennadi Jalapathi Reddy v. Baddam Pratapa Reddy (Dead) through LRs& Another, delivered on August 27, 2019, that in the words of the trial court, if the evidence of the attesting witnesses is cogent and reliable, then th..

Posted in articles |   215 Views


SC rejects plea: Uber to be investigated for Anti-Competitive Pricing

An appeal filed by Uber against the inquiry initiated by the Competition Commission of India, for looking into anti-competitive practices was rejected by the Supreme Court of India. The complaint by Meru and COMPACT laid down details of many abusive practises followed by Uber to establish a monopoly, mostly by the way of discou..

Posted in news |   37 Views


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