India Columns

Sanction for prosecution under section 197 CrPC can be postponed unless acts complained of intricately connected to Official Function: Delhi HC

Date: Oct 19, 2022

Case Title: Shri B.K Parchure V. State According to the Delhi High Court, there is no necessity that the need for sanction be constantly delayed until a later stage of the proceedings. If the actions...

Appropriate Jurisdiction under the Trade Marks Act, 1999.

Date: Oct 19, 2022

The Delhi High Court in M/S Maan Pharmaceuticals Ltd V. M/S Mindwave Healthcare Pvt. Ltd observed that mere non-filing of a 'legal proceedings certificate' is not a concealment of such a material...

Validity Of Centre's 2013 Notification for Compounding Offences Before Institution of Prosecution Under FCRA Upheld by Delhi High Court

Date: Oct 19, 2022

The validity of Ministry of Home Affairs' notification dated April 26, 2013, specifying the officers competent for compounding the offences before institution of any prosecution, issued under sec....

Bonafide Disciplinary Proceedings By Bar Council Have Statutory Indemnity Against Legal Action

Date: Oct 19, 2022

Bonafide Disciplinary Proceedings by Bar Council Have Statutory Indemnity Against Legal Action held Madras High Court in case of Bar Council of Tamil Nadu and Puducherry v. VK Sethukumar and ors ....

Application of "Sustained Provocation Principle" in a Murder Trial

Date: Oct 19, 2022

The Supreme Court in Dauvaram Nirmalkar vs State of Chhattisgarh that by applying the "Sustained Provocation Principle" in the course of a murder trial can help in determining the gravity of...

To determine whether to discharge the accused, the High Court only needed to review the evidence on file and ascertain whether there was a prima facie case against him: Madras High Court

Date: Oct 19, 2022

In the case of  Subramanian P v. State , the petitioner was accused of submitting a letter purportedly from ISRO exempting the company from paying an earnest money deposit while operating on behalf...

100% Reservation for Local Residents in Scheduled Areas Unconstitutional

Date: Oct 19, 2022

The Supreme Court in Satyajit Kumar and others versus State of Jharkhand and others quashed a notification of the Jharkhand Government granting 100% Reservation to the local residents in scheduled...

Evidence Act doesn't exempt prosecution from Discharging Duty to Prove Case Beyond Reasonable Doubt: Allahabad High Court

Date: Oct 19, 2022

The Allahabad High Court, in case of Raj Kishore @ Pappu v. State of U.P observed that the provisions of Section 106 of the Evidence Act cannot be invoked to place the onus of explaining how the...

It Is The State's Job To Protect The Life, Limb And Property Of Its Subjects

Date: Oct 19, 2022

The Delhi High Court in Anil Samaniya v/s  Union Of India & Ors. has observed that since the State has the expertise and confidential information to evaluate threat perceptions of individuals, it is...

BCI directed to constitute Special Teams for conducting surprise visits to Law Colleges, shut those lacking minimum infra: Delhi HC

Date: Oct 19, 2022

The Delhi High Court in New Millennium Education Society & Anr V. Guru Gobind Singh Indraprastha University & Anr directed the Bar Council of India (BCI) to constitute special expert teams to conduct...

The Legal Contours of Charitable Objects in Indian Trusts

Date: Oct 19, 2022

The Legal Contours of Charitable Objects in Indian Trusts Introduction Charitable trusts play a pivotal role in the socio-economic fabric of India, channeling resources towards a myriad of welfare...

Allahabad HC reforms punishment from life term sentence to 10 years in a conviction case

Date: Oct 19, 2022

In case of Babu v. State of U.P. The Allahabad High Court was deliberating over an appeal filed by Babu, who had been found guilty by the Court of Additional Session Judge in Badaun in May 2013 under...

There is no specific time gap or difference between the first and second child in order to grant maternity benefits: Allahabad High Court

Date: Oct 19, 2022

In case of Satakshi Mishra v. State Of U.P. Thru. Prin. Secy. Secondary Edu. Dept. Lucknow And 4 Others, the Allahabad High Court stated that there is no specific time gap or difference between the...

The mere usage of words like "Arbitration" Or "Arbitrator" in a clause doesn't qualify it to be an Arbitration Agreement

Date: Oct 19, 2022

The Supreme Court in Mahanadi Coalfields Ltd. vs IVRCL AMR Joint Venture laid down that merely using words like “Arbitration” or “Arbitrator” does not make that document an Arbitration Agreement...

Habeas Corpus Pleas Cannot & Should Not Be Used to Exert Pressure Upon Police to Speed Up Their Investigation

Date: Oct 18, 2022

The Allahabad High Court in Poonam Kushwaha v. State Of U.P. And 3 Others observed that “The Habeas Corpus Petitions should not be used as a whip over the police to officials, just to serve out the...

A Rape Case was quashed on the pretext that the promise of marriage was made in good faith but couldn't be fulfilled later.

Date: Oct 18, 2022

The Supreme Court in Mandar Deepak Pawar vs State of Maharashtra quashed a rape case and differentiated between a false promise to marriage and a breach of promise which is made in good faith but...

Not necessary to make a specific plea to prove that the managing director is in charge of the company's affairs

Date: Oct 18, 2022

The Supreme Court in Sunita Palita vs Panchami Stone Quarry categorically stated that it is not necessary to make an averment that a Managing Director or Joint Managing Directors were in charge of...

Party can seek relief under Section 127 CrPC rather than filing a new petition while change in circumstances: Delhi High Court

Date: Oct 18, 2022

According to the Delhi High Court, whenever a party asserts a change in circumstances following the issuance of a maintenance order under Section 125 CrPC, the appropriate course of action would be...

The Law and Procedure of Private Complaints in India: A Scholarly Analysis

Date: Oct 18, 2022

The Law and Procedure of Private Complaints in India: A Scholarly Analysis Introduction The Indian criminal justice system provides multiple avenues for setting the law in motion. While the...

Interim Reliefs or Stay of Investigation Can Be Granted Only in the Rarest of Rare Cases

Date: Oct 18, 2022

The Supreme Court in Siddharth Mukesh Bhandari vs State of Gujarat categorically stated that the Court while exercising power u/s 482 CrPC can grant stay of investigation or any other interim relief...