Prakash Kadam & Etc. Etc vs Ramprasad Vishwanath Gupta & Anr THE SUPREME COURT OF INDIA [DECIDED ON 13 May, 2011] CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS.1174-1178_OF 2011 [Arising out of SLP((Criminal) Nos. 3865-69 of 2011] Bench: Markandey Katju, Gyan Sudha Misra CASE DESCRIPTION: In this case the supreme court held fake encounter as the …
Prakash Kadam & Etc. Etc vs Ramprasad Vishwanath Gupta & Anr Read More »
INTRODUCTION The case is a Writ Petition (Criminal) 1387 of 1982. The case of Rudal Shah vs State of Bihar emphasised on the interpretation of Article 32 of the Indian Constitution. It focused on the concept whether compensation can be provided to the victim party during the violation of Fundamental Rights. BRIEF FACTS OF THE …
RUDAL SHAH VS STATE OF BIHAR 1983 AIR 1086: (1983) 4 SCC 141 Read More »
In Ghat Talab Kaulan Wala v. Baba Gopal Dass Chela Surti Dass (Dead) by LR Ram Niwas, the Court held that Section 92 of the CPC applies suits against a trust either for the evacuation of a trustee, arrangement of another trustee, or vesting any property and not for suits where the trust is the …
Ghat Talab Kaulan Wala v. Baba Gopal Dass Chela Surti Dass Read More »
Introduction: Child custody is a very important issue. If a marriage ends up in the way of divorce, the most vital question is, who shall be getting the custody of the child? The parties in this case are mother and father. While rendering this decision, the law keeps in mind the welfare of the child …
(Civil appeal no.4168 of 2003) 2006 (1) UJ 156 (SC) [FB] Facts: The state of Maharashtra through its irrigation department handed over the civil work of stage IV of Koyna Hydroelectric Project to Respondent no.1. For the purpose of the same, respondent no.1 entered into a sub-contract with petitioner. While entering into the contract an …
Justice Nuthalapati Venkata Ramana was on Saturday sworn in as the 48th chief justice of India (CJI) by president Ram Nath Kovind. He will hold up the post for 16 months, until August 26, 2022.Outgoing CJI Sharad Arvind Bobde, who got retired on April 23, recommended Justice Ramana’s name as his preferred successor, which the …
INTERESTING ELEMENTS:- COURT : Supreme Court of India JURISDICTION : Civil Original Jurisdiction CASE NO : Civil Appeal No. 91 OF 2015 BENCH : M.Y. Eqbal, C. Nagappan APPELLANT : Reserve Bank Of India RESPONDENTS : Jayantilal N. Mistry DECIDED ON : 16 December 2015 INTRODUCTION:- This decision’s backbone resides in the provisions of the Right …
An article on how media trails having a great impact in the society and on the decision of judiciary in India. INTRODUCTION:- To comprehend the idea of media trails we must first consider what a media is. When we look into the actual meaning of media, it is observed that media is the plural form …
INTERESTING ELEMENTS:- COURT : High Court of New Delhi JURISDICTION : Civil Original Jurisdiction CASE NO : W.P.(C) No.3163/2010 BENCH : RAJIV SAHAI ENDLAW, J. PETITIONER : Vibhor Anand & Ors. RESPONDENTS : Vice-Chancellor, Guru Gobind Indraprastha University & Ors DECIDED ON : 07th December 2010. INTRODUCTION:- The Bar Council of India is the legislative …
VIBHOR ANAND & Ors. V. VICE-CHANCELLOR,GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY Read More »
BACKGROUND The Act is a Central Act, which came into force on April 1, 2001, throughout the country. It is based on (i) provisions of the Indian Constitution; (ii) United Nations Convention on Rights of the Child, 1989; (iii) United Nations Standard Minimum Rules for the Administration of Juvenile Justice, 1985(Beijing rules); (iv) United Nations …
INTRODUCTION:- Although all evidence is present against the State or one of its members in an especially disadvantageous situation, the Sovereign Immunity will save them all. Few nations give their government sovereign immunity, although others treat it differently. Per nation has a different sovereign immunity scheme. Let’s first understand the word sovereign immunity to understand …
W. N. Allal Sundaram vs The Commissioner H.R. & C.E. Admn. Department & Ors Appellant – W. N. Allal Sundaram Respondent – The Commissioner H.R. & C.E. Admn. Department & Ors Bench – Dr Dhananjaya Y Chandrachud, J Facts • The applicant’s case is that trust in the Sri Swamiya Dhamodara Perumal Temple is not …
INTRODUCTION We hear about ‘Honour Killings’ in our day-to-day life. In fact, it is one of the most pressing issues of our times. At a time when people are locked up inside their homes and are fighting an unpredictable war against the Pandemic, Honour killing cases do not seem to seize. Even after various efforts …
Introduction India is a land of diversity with myriad religion, race, caste, etcetera. ‘Marriage’ in India has been a sacred institution for time immemorial. Religion and caste of the prospective groom or the bride has always been paramount. Arranged marriages have always been preferred and kinship coercion is common. Date and time of marriage, religion, …
1.INTRODUCTION: James D. Wolfensen the former president of World Bank said-“A free press is not a luxury. A free press is at the absolute core of equitable development, because if you cannot enfranchise poor people, if they do not have a right to expression, if there is no searchlight on corruption and inequitable practices, you …
ABSTRACT This paper analyses the condition of adoption rights of the LGBTQ+ community in India. It looks upon the various other rights that homosexuals are still denied and identifies what are the root causes of the problem. The main objective of this paper was to identify the standing of India in terms of adoption and …
Introduction Most of us who are permanent citizens of a sovereign and well-organized nation engage this stroke of luck with no appreciation. Most of us can inscribe ourselves in enhanced circumstances like better studies, jobs, safe environment with hygienic food and atmosphere. We acquired these rights from our birth and shall possess the same till …
INTRODUCTION:- One of the most fabulous creations of the human imagination was the advancement in modern technologies. In diverse fields such as the media, entertainment, communication and advertising, and education, technology has opened its doors to a wide variety. However, the simple accessibility of materials on the Internet has raised serious questions about the violation …
BACKGROUND Section 377 which was actually based on the Buggery Act of 1533 considered sexual intercourse between homosexuals illegal and something which is ‘against the nature’. A petition was filed against this section by Naz Foundation in 2006 and this section was struck down in the matter of gay sex in 2009 by the Delhi …
Introduction Drug use is, and always has been, a reality in our societies. Every year, hundreds of millions of people around the world use illicit substances, for many it is about enjoyment, for some it is to relieve pain, while for others it is for traditional, cultural or religious reasons The wrangle on legalizing narcotics …
INTRODUCTION Our Indian constitution is a sacred book shaped by the efforts of some of the most prominent people involved in our freedom struggle. We owe it to our founding fathers for upholding the spirit of democracy by bringing in that sacred book with utmost consideration and deliberation. It took 2 years, 11 months and …
The telecommunications industry is made up of companies that make connectivity possible on a wide perspective, whether through the telephone or the Internet, through airwaves or cables, cellular or wireless. These companies have developed an infrastructure that allows data in words, speech, audio or video to be sent anywhere in the world. Telephone (wired and …
AIRTEL v. JIO : THE BATTLE IN TELECOM INDUSTRY OF INDIA Read More »
Abstract : The decisions to outlaw or legalize in India do not seem to be based on the recognized philosophies in the monarchy of illegal jurisprudence. It therefore indications to a diversity of misperception and most conversation in this respect remain centred around individual sentiments and estimations. In order to test the proposal, this paper …
Since India acquired independence in 1947, it has had in power “security laws” avowedly concerned not with typical wrongdoing, but rather with acts that apparently present further, additional suffering dangers to customary life. Illegal intimidation, coordinated wrongdoing, rebellion, and public issue are among the damages these laws look to forestall and rebuff. Notwithstanding public security …
Controversies plays a huge role in shaping our society. Due to these controversies, there were various judgement passed which brought a huge change and impart to our society.Here are 5 controversial landmark judgements which brought a major change in our Indian society. The Shah Bano Begum Case (Mohd. Ahmed Khan v. Shah Bano Begum)Shah Bano, …
The word criminology is made up of ancient Greek words krino meaning “accusation” and logos meaning “reason”, or “study”. So, it is the “study of accusation”. Criminology deals with the scientific study of the nature, extent, prevention and every other aspect of criminal behavior. It is an interdisciplinary field and draws subject matters from sociology, …
An idea borrowed from the Irish Constitution; the underlying foundations of the Directive Principles of State Policy lie in the historical India itself. Raised in such a climate, the elected members from the Constituent Assembly accepted that the duty of social improvement of the nation lay with the government. The Directive Principles of State Policy, …
Criminology has traditionally been one of the most male-centered fields of study in the social sciences. The majority of the research and theory have been based on the study of male criminality and criminal justice system responses to male offenders. Women, when considered at all, have been represented in negative and stereotypical ways, with a …
What is Article 370? Article 370 recognizes the special status of the state of Jammu and Kashmir which confers power for a separate constitution, state flag and autonomy over the internal administration of the state. However, the 1954 Presidential order which gave the Fundamental Rights in the Indian Constitution were made applicable to Kashmir with …
ABSTRACT In this case of K. Guruprasad Rao v. State of Karnataka & Ors., protection of ancient monuments was given precedence over development. With the hope of their immortalization, several Emperors, Kings and other rich people got built temples, churches, mosques and other buildings in different parts of the world including India. Many of these …
K. GURUPRASAD RAO V/S STATE OF KARNATAKA & ORS. 2013 (8) SCALE 629 Read More »
ABSTRACT Peace and security play a crucial role in today’s world. The paper firstly provides an introduction to security. Secondly, the paper deals with the concept of preventive detention. Preventive Detention is a situation under which an individual is detained by an authority in order to prevent him from committing certain offences. Thirdly, the paper …
INTRODUCTION :- As we know that India is a diverse country with many religions, caste, and different languages are spoken by the people all across the country. The Constitution of our country guarantees the freedom to profess, propagate, and practice any religion, and allows all religious sections to govern their own affairs in matters of …
Abstract India is a Federalism Country in which there is a division of power between Central and State Government, which is determined by the Constitution of India (Supreme Law of the Land). In order to settle down the dispute arise between Central and State Government. The Supreme Court is such an adjudicator, independent and impartial …
ARTICLE 124: ESTABLISHMENT OF SUPREME COURT AND CONSTITUTION OF INDIA Read More »
WhatsApp is a stand-on my own, go-platform, opportunity-to-provider-billed messaging provider for cellular phones and with the implementation of the stop-to-give up 256-bit encryption for comfortable verbal exchange, messages sent are mechanically locked once the consumer sends the message to the receiver and cannot be decrypted all through transit employing both a hacker or the authorities.This …
Admissibility of Whatsapp Chat Attorney- Client Priviledge Read More »
WhatsApp updated its terms of service and privacy policy in the first week of January and gave the users time till 8 February to accept the same in to continue using the messaging platform and gave the option of deleting the account in case the user does not want to accept new terms. The new …
Introduction India recently witnessed a strong protest by the farmers and concerned people after the parliament, on 20th September 2020 passed three agribusiness bills. These bills replaced the ordinances issued in June 2020. There are new ideas and changes in some key aspects of the agricultural economy that the bills brought.Farmers’ Produce Trade and Commerce …
Abstract In this paper we will discuss about the concept of law of evidence and also the views of the people regarding the adjective law. Law of Evidence is Lex Fori which means it consists of legal rules of evidence. Since the inception of Law of Evidence it has gone into transformation in various periods. …
Introduction Survival is the only most important thing which really matter to any human being we all are fighting, doing hard work, making battle with the society or sometimes with our own people all this things, that we are doing is just for the sake of survival. We all are well aware about the concept …
Constitutionalization of Socio – Economic Rights Read More »
In our country most marriages are governed by the precise marriage act, governing each religion. However in an extraordinary situation when there’s marriage happening between two different castes or between different religions, the Special Marriage Act becomes compulsory. The Special Marriage Act requires certain pre-conditions essential for any marriage to be formalized under this law. …
Introduction Suicide or self- annihilation is a peculiar crime where the accused and the victim are both the same person. There are provisions laid down in the Indian Penal Code, 1860 related to this crime which provided for punishment as well to control further commission of offences. The Section 309 and Section 306 of the …
The world has suffered very drastically in the covid pandemic period, globally economic sector has collapsed down, and most people are jobless & also fighting for food& shelter. During that period, India planned to convert the pandemic period into an opportunity period having aims to make a country and all its citizens independent and self-reliant …
Abstract In todays 21st century, the world is mostly dependent on technology/ internet sector, the person has a wide purpose to use the internet like for education, booking, entertainment, shopping, etc, technology has a great impact on society. Now even the contracts are made online for business purposes or any other purposes, for online contracts some …
INRODUCTION In today’s life, people make Alcohol and Smoking as their addiction, they commonly use it for removing stress, for happy moment and also for performing better in work. India is a country which adopts many rules, laws and regulations from various countries which having both federalism as well as unitary features, can be called …
Definition The following are some of the most commonly agreed upon definitions of freedom of expression that are considered as valid international standards: Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and …
Abstract: Education is the foundation of our future. It is empowered to make choices and motivate the youth in chasing their dreams. But now-a-days the increasing rate in campus crime has led to darken the future of the students and has made their life turn upside down. Illegal behaviour occurring on college campuses includes both …
Introduction All Humans must be treated properly and with dignity. Everyone has inherited the right to be treated in the right manner and with respect. The prime motive of human rights is to protect the dignity of the human kind and prevent them from any kind of exploitation, discrimination and injustice. The question arises why …
Introduction The main objective of this law is to protect the interests of the persons or animals who cannot speak for themselves and cannot protect their rights by themselves. The law has several provisions for them. The article includes the rights and the duties of the unborn child, dead person and the rights of the …
Abstract: The term Democracy refers to a government elected by the people, whether it is direct or representative. Accountability and transparency are the two sides of democracy. People are the masters and they have the right to watch the performance of the government. They have the right to know how they are being governed. The …
Democracy And People’s Right To Information: Sneak Into RTI Amendment Bill, 2019 Read More »
Introduction Suicide is a non-fatal self-coordinated potentially damaging behavior with an expectation to die. This can be set off because of various of factors, such as, Psychiatric ailment, Depression, Other mental issues, Sexual/physical abuse (comprising of childhood adversities), Abuse of alcohol/drugs, Stressful life occasions, such as, loss of loved person, inescapable criminal prosecution, experiencing or …
Attempt to Suicide: Comparative Study between Indian and Other Jurisdictions Read More »
This article is dealing with the issues and challenges in determining the actual age of juvenile and the various causes which triggers the juvenile to get involved in such delinquent acts including biological, environmental and societal causes. The problem of delinquency among juveniles is at a rise. The past few years have seen not only …
Marriage, historically, has been considered as a sacrament in India, it is considered by the Indian society that the consent of having sexual intercourse with a spouse is given when the marriage is concluded. Though, historically, having a sexual intercourse was considered as a right of the spouse but in modern times if it is …
AN EXCEPTION TO MARITAL RAPE: A CURSE TO THE WOMEN Read More »
INTRODUCTION The word property has not been characterized in the Demonstration, yet it has an exceptionally wide significance and incorporates properties, all things considered. It incorporates mobile properties, for example, case, books, and so on, and incorporates resolute properties likewise, for example, grounds, or houses. It additionally incorporates theoretical properties, for example, possession, occupancy, copyrights, …
Immovable property under transfer of property act. (JUDICIAL ANALYSIS) HARSHIKA AGRAWAL Read More »
History The idea of Lok Adalats was pushed once again into obscurity in most recent couple of hundreds of years before freedom and especially during the British system. Presently, this idea has, by and by, been revived. It has gotten mainstream and recognizable among prosecutors. This is the framework, which has profound roots in Indian …
Facts Kartar Singh, who is a petitioner is involved in the business of transport operation and, he is involved in this business since very long time. According to the petitioner he used to operate the bus services between Saharanpur and Ambala cities (in the state of Uttar Pradesh) and the other route is between Jamuna …
Case Analysis of Kartar Singh v. State of Punjab Read More »
Introduction The faster world-wide connectivity has developed numerous online crimes and these increased offences led to the need of laws for protection. In order to keep up with the changing generation, the Indian Parliament passed the Information Technology Act 2000 which is formulated on the concept of United Nations Commissions on International Trade Law (UNCITRAL) …
Winding up of a company is a process when a company comes to an end. The expression “winding up” simply means to end up or fetch up in a specified date, situation, or place. The winding-up of a company is the last process to bring a company to an end. It is the last stage …
LAW GOVERNING THE PROCEDURE OF WINDING UP IN INDIA Read More »
As Covid-19 had been spread all over the world. The Governments of almost all the infected countries had given the orders of isolation and quarantines and with this also imposed a travel ban. Billions of people all around the world were subjected to such isolation and quarantine. Our nation India also imposed a lock down …
Abstract: “I will hold you in contempt of court.” We have often come across this statement somewhere. But do we know about it? The Times of India published a hearing of a two-judge bench of the Supreme Court noted that the power to punish for contempt was necessary to ‘secure public respect and confidence in …
Freedom of Speech and Expression and Contempt of Court Read More »
INTRODUCTION The word kidnapping is derived from the ‘kid’ which literal meaning is child and ‘napping’ which means to steal. So, the literal meaning of Kidnapping is child stealing. Kidnapping and abduction are two serious crimes mentioned under Indian Penal Code, 1860. These offences are a obstacle to some of the basic rights mentioned in …
ABSTRACT Cybersecurity has become a very complex and fast-moving security challenge in Information Communication Technology. It has opened doors for many criminals in achieving their aims. Cyber blackmailing, identity, theft and fraud are some of the examples of cyber-crime. The government of India is closely working on this issue like CERT-in (Computer Emergency response team), …
ABSTRACT Over many years, Human trafficking has become a trade which causes damage to human society. Offender traffic human beings and also exploit them in various forms like financial earnings, sexual slavery, commercial sexual exploitation, extractions of organs tissues, forced marriage, forced labor. After drugs and arm trade human trafficking is the next biggest crime …
INTRODUCTION There have been protests against the three ordinances that were promulgated by the government in June 2020. In this Monsoon Session, the government put forth these ordinances before the parliamentary debate, and now these ordinances have been replaced as bills. These three bills are collectively known as Agricultural Reform Bills, 2020. The Agricultural Reform …
Censorship has been a highly debated topic for a long time ever since the inception of visual acts. Thus, it has been commonly defined as an act or a mechanism that establishes a system of restriction over public expression of ideas, opinions, and conceptions. The main objective of censorship is to restore and control what …
A judge is one who presides over court proceedings, either alone or as a part of a panel of judges. He conducts the trail in an open court and hear all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling on the matter at hand based on their interpretation of …
Addressing Judge as ‘Lord’ or ‘Lordship or ‘Your Honor’ Read More »