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Laws Punishing Terrorist Activities In India

Key Takeaways The enactment of anti-terrorism laws began post-independence due to the rising number of insurgencies in India. Foreign terrorists apprehended within India can be prosecuted under Section 121 of the Indian Penal Code, 1860. T..

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Rights Of LGBTQI+ Community In India

Key Takeaways LGBTQI+ relationships have been documented in India’s rich history at different time periods. Consenting Same-Sex Relationships were decriminalised by the Supreme Court in 2018. There is still a lack of safeguards in ar..

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Gauhati High Court Quashes Complaint Filed Against Assam CM HB Sarma In Relation To Violation Of Model Code Of Conduct

In Himanta Biswa Sarma v. The Election Commission of India & 5 Ors, the Gauhati High Court noted that the Courts must revisit section 126 of the Representation of People Act which prohibits campaigning during a period of 48 hours, ending with an hour fixed for conclusion of poll. A Single Judge Bench of Justice Rum..

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Advocates Should Refrain From Advising Clients To Reagitate Matters When There Is No Error: Allahabad High Court

In Malhan & 17 Ors. v. State Of U.P. & Anr, the Allahabad High Court held that advocates should refrain from advising their clients to reagitate the case when there is not any prima facie error after an order has been passed. A Division Bench comprising of Justices Dr. Kaushal Jayendra Thaker and Vivek Varma observed this while rejecting a civil review application whe..

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Procuring Arms Licence In India: Legal Procedure And Important Cases

Key takeaways A brief introduction and history of the currently in force Arms Act, 1959. The important provisions dealing with the license for holding, selling, transferring etc. of the arms in India. Relevant case laws concerned with the ..

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Roe V. Wade Overturned: Right To Abort A Child In The USA

Key Takeaways The Supreme Court of the US has overruled the Roe v. Wade judgement. The Majority opinion held that there is no constitutional right to abortion in the USA. States are given the power to decide on abortion. li style="..

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Importance of Recovery in NDPS Act Cases

Key Takeaways The Narcotic Drugs and Psychotropic Substances (NDPS) Act of 1985 classifies substances into 3 categories Strict liability offences which are cognisable and non-bailable are also defined under the Act. The Recovery Procedure ..

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E-Commerce Fraud & Its Remedies

KEY TAKEAWAYS The emergence of E-Commerce. What contributes to E-Commerce Fraud. Common E-Commerce Frauds. Measure for preventing Fraud and means to overcome the same. li style="text-align: j..

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Inaction On State Administration's Part Is Not Basis To Presume Conspiracy : Supreme Court

In Zakia Ahsan Jafri & Anr. v. State of Gujarat & Anr, the Apex Court gave clean chit to 64 politicians including PM Modi in the Gujarat Riots Case. The Court observed that conspiracy cannot be presumed on the ground of failure on part of the State Government. The case ca..

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Person Outside India Can File Anticipatory Bail Application; But Before Final Hearing, Accused Must Be In India : Kerala High Court

According to the Kerala High Court, Section 438 of the Code of Criminal Procedure does not restrict the ability of a person to file an application for anticipatory bail from outside of India.  The applicant must be present in the country prior to the final hearing in order for the court to impose and enforce the r..

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No Probability Of Reformation, Danger To Society : Supreme Court Upholds Death Penalty To Man For Rape & Murder Of 8 Year Old Disabled Girl

The death penalty imposed on a 37-year-old man for the rape and murder of a seven and a half-year-old girl who was physically and mentally challenged was upheld by the Supreme Court on Friday. Manoj Pratap Singh, the accused, was about 28 years old when the crime was committed in Rajasthan in 2013. li style="te..

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Proper Procedure Is The Antidote To Draconian Provisions Of NDPS Act: Calcutta High Court

In Kalu Sk. @ Kuran v. State, the Calcutta High Court on Wednesday directed that in cases pertaining to the recovery of narcotic substances, seizing officers must ensure to record a video of the entire procedure. If in case video of the procedure cannot be recorded, the same has to be stated in the investigation record..

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Draconian Provisions Of NDPS Act Misused: Calcutta High Court Orders Mandatory Videography Of Recovery Procedure

In a landmark decision, the Calcutta High Court ordered on Wednesday that seizing officers in all cases involving the recovery of narcotic substances must film the entire process and that any excuses for not doing so must be made explicit in the investigation records.  All police personnel typically have smartphon..

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Denial Of Economic Support To Wife & Minor Son Amounts To 'Domestic Violence' Even If Parties Aren't Residing In Shared Household: Calcutta High Court

According to Section 3 of the Protection of Women from Domestic Violence Act, 2005 (DV Act, 2005), depriving the wife and the minor son of financial support is considered "domestic violence," according to the Calcutta High Court, and it makes no difference whether or not the parties are still sharing a home.  li style="text-align: just..

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Private Pleader Appointed By Complainant Has The Authority To Seek Framing Of Additional Charge: Madras High Court

In N Syamasundara Naidu v. V Dakshinamoorthy and Ors, the Madras High Court set aside the order of lower Court where it was held that a Private Pleader appointed by the complainant to help the Public Prosecutor, could not conduct an independent prosecution u/s 301(2) CrPC and cannot plead on behalf of the prosecution. ..

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