It is most heartening and most refreshing to learn that in a latest, landmark and extremely laudable judgment, the top court that is the Supreme Court has very rightly held in Union of India Vs Yasmeen Mohammad Zahid @ Yasmeen in Criminal Appeal No. 1199 of 2019 (Arising out of Special Leave Petition (Cri.) No. 461 of 2019) with Criminal Appeal No. 1200 of 2019 (Ari..
A general rule of construction in relation to formulae drafted Conveyancing Deeds is that where the dispositive clause contains obscure phraseology, other parts of that Clause may be examined to clarify the matter. This rule will be applied to the Clause of Grant in Deeds creating servitudes. Where a servitude is created in a Deed which is also a Conveyance of a ser..
THE CASE: A five-judge Constitution Bench of the Supreme Court will pronounce on September 6 the judgment on the constitutionality of Section 377 of the Indian Penal Code (IPC), a colonial era provision which criminalises private consensual sexual acts between same sex adults. THE JUDGES: The Bench..
On expected lines and as anticipated, the Supreme Court has most recently on August 6, 2019 in a latest judgment titled Jagdish and another vs The State Of Haryana in Criminal Appeal No(s). 1864 of 2009 has once again very rightly reiterated like many times in the past that the evidence of a solitary witness in a criminal trial requires heightened scrutiny. It is not ..
What is section 377 of Indian penal code and how it affects the fundamental rights of the LGBT community? Section 377: Unnatural offences- Whoever voluntarily has carnal intercourse against the order of nature with any man ,woman or animal, shall be punished with imprisonment for life, or with imprisonment of eithe..
It is a national tragedy that it has taken 72 long years to fully and firmly integrate Jammu and Kashmir with India. It is a national tragedy that when this NDA government led by PM Narendra Modi and Home Minister Amit Shah decided to take the bull by the horns and carry out the most daring step since independence to protect our supreme national interests which we all..
It would be imperative to mention right at the outset that the Supreme Court has just recently on August 14, 2019 in State of Rajasthan & Ors. Vs Shiv Dayal & Anr. in Civil Appeal No. 7363 of 2000 With Civil Appeal No. 7364 of 2000 And Civil Appeal No. 7365 of 2000 has laid down in no uncertain terms that a High Court cannot dismiss a second appeal merely on t..
A mutilated body is a body which is deprived of a limb, or a part, or one which is disfigured. In this condition, the soft tissues, muscles and skin may be still attached to the bones. Fragmentary remains include only fragments of the body, such as head, trunk or limb. When a mutilated body or fragmentary remain is sent for autopsy, the medical officer should form h..
EXHUMATION By exhumation is meant the lawful disinterment or digging out of a buried body from the grave. It is sometimes necessary (1) for purposes of identification, and (2) to determine the cause of death, when foul play is suspected. As the Hindus who form a majority of population cremate their dead within ..
When pneumothorax is suspected, it is convenient to test for it before the chest is opened. A pocket is dissected on the affected side between the chest wall and skin, and filled with water. The tip of a knife is then pierced through a submersed inter-coastal space. Air bubbles will be seen in water if pneumothorax is present. Alternatively, a 16 gauge needle attach..
Justice Abhay Manohar Sapre and Justice R. Subhash Reddy, at the Supreme Court have, in the judgment of the case – State of Rajasthan & Others v. Shiv Dayal & Another, delivered on August 14, 2019, ruled that “ It is not principle of law that where the HC finds that there is a concurrent finding of two courts (whether of dismissal or decreeing of t..
It must be mentioned explicitly right at the outset that in a latest, landmark and laudable judgment delivered by the Supreme Court in The Commissioner of Police & Ors Vs Devender Anand & Ors in Criminal Appeal No. 834 of 2017, a three Judge Bench of the Supreme Court comprising of Justice MR Shah, Justice Arun Mishra and Justice S Abdul Nazeer have held cat..
Contempt of court is the offense in law of being disobedient to or disrespectful towards a court order and court officers in behavior that opposes or defies the authority, justice and dignity of the court. It is the plain and unqualified obligation of every person against, or in respect of,..
Out of the three most exacerbated territorial conflicts in the world viz. South Korea-North Korea, Israel-Palestine and Jammu-Kashmir, it the last one that has, for the past few years, been most keenly watched by the geopolitical actors around the world. Jammu & Kashmir (hereinafter as J&K) as an integral part of Indian Territory has had a special status confe..
The esteemed legislative houses of the largest democracy in the world have recently passed the National Medical Commission Bill on 31st July 2019. This Bill, in effect will repeal the Indian Medical Council Act, 1956 which previously governed the functioning of the now defunct Medical Council of India. The Medical Council of India had failed to fulfil its mandated r..
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