India Columns

The Burden Of Proof Lies On Accused If Last Seen Together With Deceased

Date: Sep 29, 2022

The Delhi High Court in Gurdeep Singh V. State observed that in a case where the accused is last seen together with the deceased, the prosecution is exempted to prove the exact happening of the...

NCLAT Delhi Imposes Cost of Rs. 2 Lakhs on Bidder who Initiated Misconceived Litigation

Date: Sep 29, 2022

Case Title: M/s. SGA Fashion Pvt. Ltd. v CMA Sandeep Kumar Bhatt When deciding on an appeal filed in M/s. SGA Fashion Pvt. Ltd. v. CMA Sandeep Kumar Bhatt, the National Company Law Appellate Tribunal...

The State is Duty Bound To Protect Citizens From Wild Animal Attacks.

Date: Sep 29, 2022

The Bombay High Court in Anuja Arun Redij v. State of Maharashtra emphasised that it is the duty of the State government to protect wild animals and not allow them to wander outside the restricted...

Analysis of the Maharashtra Land Revenue Code, 1966

Date: Sep 29, 2022

An Analytical Overview of the Maharashtra Land Revenue Code, 1966: Provisions, Interpretations, and Judicial Scrutiny Introduction The Maharashtra Land Revenue Code, 1966 (MLRC) stands as a...

The Constitution of the Dental Council of India: An Analysis of Section 3 of the Dentists Act, 1948

Date: Sep 27, 2022

The Constitution of the Dental Council of India: An Analysis of Section 3 of the Dentists Act, 1948 Introduction The Dentists Act, 1948 (hereinafter "the Act") was enacted with the paramount...

State Government to bear all the expenses for 12-year-old rape victim who is carrying 16 weeks of unwanted pregnancy

Date: Sep 27, 2022

Allahabad High Court ordered a medical examination for a 12-year-old rape victim who is 16 weeks pregnant and has asked the state government to cover all costs. The girl was sexually assaulted in...

According to Section 27 of the IEA, the recovery of an article is preferable to the confirmation theory

Date: Sep 27, 2022

The Allahabad High Court has stated that the confirmation theory, which lies at the core of Section 27 of the Indian Evidence Act, is underscored by the recovery of an article or weapon from a...

Constitutional right was preserved as Allahabad HC grants bail to accused who was in jail for 11 years

Date: Sep 27, 2022

The Allahabad High Court recently granted release to a murder suspect who had been imprisoned for more than 11 years due to his inability to obtain legal representation to file his bail plea with the...

Employees who become disabled while working have a legal right to alternate employment with the same pay

Date: Sep 26, 2022

According to Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full participation, Act 1995), the Andhra Pradesh High Court permitted payment of wages to a...

An Analysis of Section 489B of the Indian Penal Code: Using Forged or Counterfeit Currency

Date: Sep 26, 2022

An Analysis of Section 489B of the Indian Penal Code: Using Forged or Counterfeit Currency Introduction The proliferation of counterfeit currency poses a significant threat to the economic stability...

When engaging in advantageous, dishonest, or avoidable transactions, material facts must be pleaded

Date: Sep 26, 2022

In the cases of Star India Private Limited v. Advance Multisystem Broadband Communications Limited (I.A. No. 841/KB/2020) and Advance Multisystem Broadband Communications Limited v. IndusInd Media...

Analysis of the Rajasthan Civil Services (Revised Pay Scales) Rules, 1987

Date: Sep 25, 2022

An Analytical Study of the Rajasthan Civil Services (Revised Pay Scales) Rules, 1987: Implementation, Judicial Scrutiny, and Evolution Introduction The Rajasthan Civil Services (Revised Pay Scales)...

Land Acquisition under Urgency: Constitutional Boundaries and Judicial Scrutiny in India

Date: Sep 23, 2022

Land Acquisition under Urgency: Constitutional Boundaries and Judicial Scrutiny in India Introduction The power of eminent domain, though essential for socio-economic development, is constitutionally...

Analysis of Section 43B of the Income Tax Act, 1961

Date: Sep 22, 2022

An Analysis of Section 43B of the Income Tax Act, 1961: Judicial Interpretations and Legislative Evolution Introduction Section 43B of the Income Tax Act, 1961 (hereinafter "the Act") is a...

Deconstructing Non-Functional Upgradation in Indian Service Jurisprudence

Date: Sep 22, 2022

Deconstructing Non-Functional Upgradation in Indian Service Jurisprudence: A Legal Analysis Introduction The architecture of public service compensation in India is a complex tapestry of pay scales,...

Analysis of Section 109, Transfer of Property Act, 1882

Date: Sep 22, 2022

The Doctrine of Privity of Estate under Indian Law: A Comprehensive Analysis of Section 109 of the Transfer of Property Act, 1882 Introduction Section 109 of the Transfer of Property Act, 1882 (TPA)...

Reexamination of the accused is not justified because another FIR has been filed regarding the same occurrence

Date: Sep 20, 2022

The Madras High Court stated that after an FIR has been filed against a person, the investigative agency should not be allowed to re-examine that individual merely by filing another FIR in relation...

Fingerprint Evidence in Indian Criminal Jurisprudence: Admissibility, Constitutional Limits, and Evidentiary Weight

Date: Sep 16, 2022

Fingerprint Evidence in Indian Criminal Jurisprudence: Admissibility, Constitutional Limits, and Evidentiary Weight Abstract The jurisprudence on fingerprint evidence in India has travelled from...

Rules of Limitation to ensure that the Parties do not sleep over their rights

Date: Sep 16, 2022

The Allahabad High Court in Laxman Prashad v. State of U.P. and Another stressed on the fact that rules of limitation are not to destroy the rights of the parties but rather they ensure that parties...

The High Court cannot issue a writ of mandamus ordering a financial institution or a bank to give a borrower the benefit of OTS

Date: Sep 15, 2022

The Apex court, through the bench of MR Shah and BV Nagarathna, JJ, ruled that no borrower has the right to ask for the benefit of the One-Time Settlement Scheme as a matter of right (OTS Scheme). In...

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