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Lieutenant General (Rtd) Cannot Be Tried In A General Court Martial Consisting Of Members Below His Rank: SC

It has to be said right at the outset that a three-Judge Bench of the Supreme Court comprising of Justice AK Sikri, Justice S Abdul Nazeer and Justice MR Shah in Ex Lt Gen. Avadhesh Prakash v. Union of India & Anr. in Criminal Appeal No. 140 of 2019 (Diary No. 12371/2018) with Civil Appeal No. 9739/2018 decided on January 24, 2019 has set aside the punishment of d..

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Death Sentence Only When The Alternative Option Is Unquestionably Foreclosed: SC

It has to be conceded right at the outset that the Supreme Court has by a catena of decisions in recent years sought to send out a loud and unequivocal message to the entire nation that death sentence shall not be imposed at the drop of a hat and it will be awarded only when the alternative option is unquestionably foreclosed. In this landmark, latest and laudable jud..

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Status of BCCI's Constitution on Hardik Pandya and KL Rahul controversy

This article mainly revolves around the status of sports law in Hardik Pandya controversy. It is interesting to see that how a cup of coffee can land you in trouble. Hardik Pandya and KL Rahul after making comments on a TV show, “Koffee with Karan” which were deemed to be “sexist” and “misogynistic” first faced backlash on online ..

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Long Pendency Amounts To A Special Reason For Imposing Lesser Penalty In Corruption Case Involving Meager Bribe Amount: SC

To begin with, it has to be said right at the outset that in a rare departure from the past, the Supreme Court has just recently in a notable case titled Ambi Ram v State of Uttarakhand in Criminal Appeal No. 1723 of 2009 dated February 5, 2019 has taken a lenient view in a corruption case involving meager bribe amount on the ground that long pendency amounts to a spe..

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Autonomy Of the Bar Cannot Be Taken Over By The Court: SC Quashes Madras HC Disciplinary Rules For Lawyers

It has to be said with consummate ease that in one of the most commendable, significant and noteworthy judgments delivered by the top court in the last couple of years, the Supreme Court has just recently on January 28, 2019 very rightly quashed Rules 14-A to 14-D of the Rules of High Court of Madras, 1970 holding most emphatically that they are ultra vires to Section..

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Casual Act Of Possession Over Property Does Not Confer 'Possessory Title': SC

While clearly and convincingly holding that possessory title over property cannot be claimed merely on the basis of ‘casual possession’, the Supreme Court in a latest, landmark and laudable judgment titled Poona Ram v. Moti Ram (D) Th. LRs & Ors. In Civil Appeal No. 4527 of 2009 authored by Justice Mohan M. Shantanagoudar for himself and Justice NV Ram..

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Witness Protection Scheme, 2018

Introduction The Hon'ble Supreme Court on 05-12-2018 gave its seal of approval to a draft witness protection plan prepared by the Central Government. The plan, called the Witness Protection Scheme, will have to be implemented by all states, except Jammu and Kashmir, until Parliament turns the draft into law.The..

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SC Imposes Rs 5 Crore Penalty On A Medical College For Playing Fraud On It; Orders Prosecution Of Its Dean

It must be said with consummate ease that in a landmark, latest and laudable judgment titled Sarvepalli Radhakrishnan University & Another v. Union of India & Others in Writ Petition (Civil) No. 1001 of 2017 with Writ Petition (Civil) No. 731 of 2018 which was delivered on January 17, 2019 by a three-Judge Bench of Supreme Court and authored by Justice L Nages..

Posted in articles |   1 comments |   425 Views


An Eagle Eye view on Contempt of Courts Act, 1971

Contempt of court 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. In England Judges in common law systems usually have mo..

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Custodial Violence

INTRODUCTION In the legal parlance the term 'Custody' is defined as any point in time when an individual's freedom of movement has been denied by law enforcement agencies, or during arrest, prosecution, sentencing, and correctional confinement [1]. However at times, the criminals taken in custody are subjected..

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A Judicial Officer Is Not An Ordinary Government Servant And Must Be Above Suspicion: Allahabad HC

It must be noted right at the outset that in a noteworthy judgment titled Sadhna Chaudhary v State of U.P. and others in Writ Petition No. 170 (S/B) of 2006 by a two-Judge Bench of Allahabad High Court comprising of Chief Justice Govind Mathur and Justice Shabihul Hasnain and delivered on 12 December 2018 has upheld the dismissal of a judicial officer on grounds of mi..

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Rape And Murder Of 8 Year Old Girl: SC Commutes Death Sentence To 25 Years Imprisonment Without Remission

It has to be said right at the beginning that in a landmark, latest and laudable judgment with far reaching consequences, the Supreme Court on January 18, 2019 in Nand Kishore v State of Madhya Pradesh in Criminal Appeal No. 94 of 2019 (Arising out of S.L.P. (Crl.) No. 7645 of 2013) has commuted to life imprisonment the death sentence which was earlier confirmed by t..

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Why Should They Speak Lies: Deceased's Parents Are Most Natural Witnesses In Dowry Death Cases: SC

To begin with, in a latest, landmark and laudable judgment authored by Justice Abhay Manohar Sapre for himself and Justice Indu Malhotra, the Supreme Court in Mahadevappa v State of Karnataka Rep. By Public Prosecutor in Criminal Appeal No. 1261 of 2008 on January 7, 2019 upheld the conviction of a man accused of dowry death, relying largely on the evidence of his dec..

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Mere Allegations Of Harassment Without Proximate Positive Action Not Sufficient For Conviction U/S 306 IPC: SC

It has to be said right at the outset that in a landmark, latest and laudable judgment titled Rajesh v State of Haryana in Criminal Appeal No. 93 of 2019 (Arising out of SLP (Cri.) No. 8867 of 2016) by a two Judge Bench of Supreme Court comprising of Justice L Nageshwara Rao who authored the judgment for himself and Justice MR Shah and delivered on January 18, 2019..

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Legal Provisions with Reference to Right to Education for the Differently Abled

1. Constitutional Provisions • The right to education is available to all citizens including the disabled. Article 29(2) of the Constitution provides that no citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on the ground of religion,..

Posted in articles |   1 comments |   530 Views


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