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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Competency of child witness

In the judgment of the case - P. Ramesh v. State Represented by Police, delivered on July 9, 2019, Justice Dr Dhananjaya Y. Chandrachud and Justice Indira Banerjee, at the Supreme Court have observed that in order to determine the competency of a child witness, the judge has to form his or her opinion. The judge is at liberty to test the capacity of a child witne..

Posted in articles |   315 Views


Cruelty Not Related To Dowry Cannot Be Basis For Conviction Under Section 304B IPC: SC

It is quite remarkable to note that in a latest and significant decision titled Girish Singh Vs The State Of Uttarakhand in Criminal Appeal No. 1475 of 2009 with Criminal Appeal No. 1476 of 2009 delivered on July 23, 2019, the Supreme Court has observed that the conviction under Section 304B of the Indian Penal Code can be made only if the woman was subjected to cruel..

Posted in articles |   158 Views


Delhi High Court rules that perpetual lease of public land can be cancelled when objective for lease ceases to exist

The Delhi High Court has held that if the fundamental premise on which public land is allotted to an entity ceases to exist, a perpetual lease with respect to this public land can be canceled by the Land & Development Officer, Government of India. The Judgment was passed by a Single Judge Bench of Justice Vibhu Bakh..

Posted in news |   34 Views


What does the ICJ Judgement in the Kulbhushan Jadhav case mean for Pakistan?

It is a no brainer that in a major landmark, latest and laudable judgment that has endorsed India's plea that former Indian naval officer Kulbhushan Jadhav's trial under espionage and terror charges in Pakistan violated clearly and blatantly the international law, the International Court of Justice on July 17, 2019 clearly, categorically and convincingly ruled..

Posted in articles |   334 Views


Acquittal does not affect D.E.

Through the judgment of the case - Union of India and Others v. Sitaram Mishra and Another, delivered on July 11, 2019, Justice Dr D Y Chandrachud and Justice Indira Banerjee have made it abundantly clear that the fact that the first respondent – Sitaram Mishra was acquitted in the course of the criminal trial cannot operate ipso facto as a ground for vit..

Posted in articles |   376 Views


Compounding of offences under the company law - An easy way of settling disputes

In India, litigations are increasing day by day and Courts are becoming overburdened. Compounding of offences is a mechanism which helps in reducing the burden on Courts, since parties to the litigation, by mutual agreement, settle the disputes amicably with or without the intervention of Courts. Thus, compounding saves parties from the sluggish judicial process whi..

Posted in articles |   200 Views


Punjab & Haryana HC Bans Use Of Loudspeakers Without Permission

While disposing off five writ petitions to curb excessive noise pollution in the States of Punjab, Haryana and the Union Territory of Chandigarh, the High Court of Punjab and Haryana has explicitly in a latest landmark ruling prohibited the use of loudspeakers in the territory without prior permission from the authorities. It minced no words in holding that glorificat..

Posted in articles |   163 Views


Proposed shifting of Bombay HC

In India we make it extremely difficult and complicated if a simple solution is readily available.  Recently, a newspaper item appeared that the Bombay High Court proposes to shift, not mentioned whether partially or entirely, to Bandra or to Goregaon, and a new building will be constructed with all modern gadgets and facilities.  Surely, the shifting of t..

Posted in articles |   184 Views


Supreme Court to hear Ram Mandir-Babri Masjid case from August 6

In a major development, the Supreme Court has ordered that it will hear the Ram Mandir-Babri Masjid case from August 6. The hearing will be held on a day-to-day basis. The Court noted that mediation proceedings have failed to yield results. The order ..

Posted in news |   30 Views


Magistrate has power to direct accused to give voice samples for purpose of investigation: Supreme Court

The Supreme Court in a landmark judgement today held that a Magistrate would have the power to direct accused to furnish voice samples for investigation. This judgment was rendered by a Bench headed by Chief Justice of India Ranjan Gogoi.  While conferring the power o..

Posted in news |   38 Views


Autospy - Radioactive Cadavers

Radioactivity may be defined as the decomposition of an atom accompanied by the emission of Radiant energy such as alpha, beta and gamma rays. The gamma rays and the X-rays have akin properties. Under carefully controlled usage, they are of therapeutic value. However, they are destructive to living cells and especially to those wh..

Posted in articles |   1 comments |   143 Views


Insolvency & Bankruptcy Code (Amendment) Bill, 2019 - Salient Features

The Union Cabinet approved the proposal to introduce Insolvency and Bankruptcy Code (Amendment) Bill, 2019 in the Parliament to carry out 08 Amendments to the Insolvency and Bankruptcy Code, 2016. Insolvency and Bankruptcy Code (Amendment) Bill, 2019 was introduced in Rajya Sabha by the Minister of Finance and Minister of Corporate Affairs, Ms. Nirmala Sitharaman, o..

Posted in articles |   524 Views


Medico-Legal autospy in abortion deaths

In a routine autopsy the usual practice is to open a body with a chin to downwards. However, in a criminal abortion, it is necessary to follow a different order if evidence of air embolism- the commonest cause of sudden death in such cases- is not to be destroyed. Air embolism occurs when a syringe is used to squirt soapy fluid..

Posted in articles |   147 Views


Medical negligence - Liabilities of doctors arising under Indian laws

NEGLIGENCE Negligence is the failure to exercise reasonable care; The three ingredients of negligence are as follows: The Defendant owes a duty of care to the Plaintiff. The Defendant has breached..

Posted in articles |   3 comments |   401 Views


Audit quality should not be compromised by rendering non-audit services

When a Company fails, the standard of the audit is often called into question. The Auditors are then called into question that they allowed inappropriate accounting treatments and their independence has been compromised, because either they have become too close to the Company they are auditing (the "familiarity" threat) or, more directly, because their ob..

Posted in articles |   104 Views


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