Whether High Court can render an order under Section 482 Cr.P.C. that will override the bar instituted under Section 362
Whether High Court can render an order under Section 482 Cr.P.C. that will override the bar instituted under Section 362 CrPC?
Dr Sanjeev Kumar Rasania v. CBI and Ors.
Citation: 2022 Live Law (Del) 87 (03rd JANUARY, 2022)
The main issue th...
ORDERS FRAMING CHARGES OR REFUSING DISCHARGE NEITHER INTERLOCUTORY NOR FINAL
SANJAY KUMAR RAI V. STATE OF UTTAR PRADESH & ANR. LL
2021 SC 246
Orders Framing Charges Or Refusing Discharge Neither Interlocutory Nor Final - Not Affected By the Bar U/Sec 397 (2) CrPC: Supreme Court.
1. Hon&a...
ELEVATION OF JUSTICE KURESHI
GUJARAT HIGH COURT ADVOCATES ASSOCIATION V. UNION OF INDIA WP (C) 841/2019
Justice Kureshi served as a judge of the Gujarat High Court till November 2018 after his appointment in 2004. Later, he was transferred to the Bombay High Court. In 2019, the...
MAHARASHTRA DANCE BARS LAW
INDIAN HOTEL AND RESTAURANT ASSOCIATION V.
STATE OF MAHARASHTRA​​ 2019 SCC ONLINE SC 41
CASE OVERVIEW
The Bombay Police Act, 1951 was amended in 2005 with the object of securing public order, morality, the dignity of women, an...
ARTICLE 30 & MINORITY INSTITUTIONS
CHRISTIAN MEDICAL COLLEGE VELLORE ASSOCIATION V. UNION OF INDIA & ORS.TRANSFERRED CASE (CIVIL) NO. 98 OF 2012
Facts
· Two notifications were issued by the Medical Council of India (MCI) and other two no...
RTI & JUDICIAL INDEPENDENCE
CENTRAL PUBLIC INFORMATION OFFICER, SUPREME COURT OF INDIA V. SUBHASH CHANDRA AGARWAL 2019 (16) SCALE 40
The Right to Information (RTI) was recognized as a constitutionally protected right in a plethora of decisions delivered by the...
'EX POST FACTO' ENVIRONMENTAL CLEARANCE UNSUSTAINABLE IN LAW
ALEMBIC PHARMACEUTICALS V. ROHIT PRAJAPATI
2020 SCC ONLINE SC 347 FACTS
The Ministry of Environment and Forests (MoEF) issued the Environment Impact Assessment (EIA) Notification of 1994 which mandated that a list of industries (mentioned i...
CERTIFICATE UNDER SECTION 65B(4) EVIDENCE ACT
ARJUN P. KHOTKAR V. KAILASH K. GORANTYAL & ORS.
CIVIL APPEAL NO. 20825-20826 OF 2017
Sections 65A and 65B of the Evidence Act constitute a complete code on the admissibility of evidence of electronic records.
Certificate under Secti...
WHATSAPP’S NEW PRIVACY POLICY & INDIA’S DATA PROTECTION LAW
WhatsApp’s updated privacy policy, known on January 4, essentially takes away the choice users had until now to not share their data with other Facebook-owned and third-party apps. If users do not agree with the updated privacy policy of the messa...
RIGHT OF A THIRD PARTY TO OBTAIN INFORMATION FROM THE HIGH COURT
CHIEF INFORMATION COMMISSIONER V. HIGH COURT OF GUJARAT & ANOTHER CIVIL APPEAL NO(S).1966-1967 OF 20
BACKGROUND
An RTI application dated 05.04.2010 was filed by respondent No. 2 seeking information pertaining to the case...
RAFALE FIGHTER JET DEAL
MANOHAR LAL SHARMA V. NARENDRA DAMODARDAS MODI;
WP (CRL.) 225/2018; RP (CRL.) 46/2019
In 2007, the Ministry of Defence issued tenders for the purchase of 126 fighter aircraft, in line with the procedure set out in the Defence Procurement...
GENDER EQUALITY IN THE ARMED FORCES
THE SECRETARY, MINISTRY OF DEFENCE V. BABITA PUNIYA & ORS.
CIVIL APPEAL NOS 9367-9369 OF 2011
BACKGROUND
Section 12 of the Army Act, 1950 prohibited the recruitment of “females” into the army except- ...
NOBODY IS ENTITLED TO INTERFERE IN THE PEACEFUL LIFE OF TWO ADULTS
“NO ONE CAN INTERFERE WITH THE LIVES OF TWO ADULT INDIVIDUALS WHO HAVE DECIDED TO LIVE TOGETHER”
Recently held by the Allahabad High Court in Shaista Parveen @ Sangeeta & Anr. v. State of UP & Ors. This judgment came o...
JJ ACT: OFFENCES PRESCRIBING MAX SENTENCE OF MORE THAN 7 YEARS BUT NOT PROVIDING MINIMUM SENTENCE ARE NOT 'HEINOUS
SHILPA MITTAL V STATE OF NCT OF DELHI AND ANOTHER
CRIMINAL APPEAL NO. 34 OF 2020
FACTS
· A Juvenile 'X' aged above 16 and below 18 years of age is alleged to have committed an of...
THE CONSTITUTIONAL VALIDITY OF SECTION 87 OF THE ARBITRATION AND CONCILIATION ACT, 1996
HINDUSTAN CONSTRUCTION COMPANY LTD V. UNION OF INDIA
2019 (6) ARBLR 171 (SC)
The present petition has been filed in order to challenge Section 87 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the 19...
4G CASE - J&K
FOUNDATION FOR MEDIA PROFESSIONALS V. UNION TERRITORY OF JAMMU AND KASHMIR & ANR.WP (C) DIARY NO. 10817 OF 2020
This case is with respect to the blanket ban on the usage of 4G/3G internet services across the erstwhile state of Jammu & Kashmir a...
SC - VALUE OF HOMEMAKER’S WORK SAME AS HUBBY’S AT OFFICE
KIRTI VS. ORIENTAL INSURANCE COMPANY LTD [CIVIL APPEAL NOS.1920 OF 2021]
The court was disposing an appeal arising out of Motor Accident Compensation Claim led by heirs of a deceased couple who died in an accident. One of the deceased in this case w...
SUPREME COURT JUDGEMENTS ON COVID-19
1. IN RE: THE PROPER TREATMENT OF COVID-19 PATIENTS AND DIGNIFIED HANDLING OF DEAD BODIES IN THE HOSPITALS ETC., 2020 SCC ONLINE SC 1036 - On 27.11.2020, the Court took suo motu cognizance of the incident which happened in Rajkot, Gujarat on 26....
ARTICLE 21 OF THE CONSTITUTION - PART 2
PERSONAL LIBERTY
The Liberty of the person is one of the oldest concepts to be protected by national courts. As long as 1215, the English Magna Carta provided that, No freeman shall be taken or imprisoned… but… by the law of the land.&...
ARTICLE 21 OF THE CONSTITUTION - PART 1
Meaning & Concept of 'Right to Life'
‘Life’ in Article 21 of the Constitution is not merely the physical act of breathing. It does not connote mere animal existence or continued drudgery through life. It has a ...
ARTICLE 21 OF THE CONSTITUTION OF INDIA & RIGHT TO HEALTH
INTRODUCTION
“Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in t...
EVOLUTION OF ARTICLE 21 OF THE CONSTITUTION OF INDIA
ARTICLE 21
“No person shall de deprived of his life or personal liberty except according to procedure established by law.”
Held
Case
Right to live with human dignity
1. Maneka G...
LEGALITY OF SC/ST AMENDMENT ACT
PRATHVI RAJ CHAUHAN V. UNION OF INDIA, WP (C) 1015/2018
The Supreme Court in the abovementioned case upheld the amendments made to nullify its own judgment (Kashinath Mahajan)diluting provisions of the SC/ST Act.
In 2018, the parliament intr...
PUBLIC AUTHORITY UNDER RTI ACT
D.A.V. COLLEGE TRUST AND MANAGING SOCIETY & ORS. VS. DIRECTOR OF PUBLIC INSTRUCTIONS
CIVIL APPEAL NO. 9828 OF 2013 WITH CIVIL APPEAL NOS. 9844-9857 OF 2013 AND CIVIL APPEAL NO. 9860 OF 2013
BACKGROUND
The first appellant, DAV College ...
RESTRICTIONS ON THE RIGHT TO PROTEST
AMIT SAHNI V. COMMISSIONER OF POLICE
CIVIL APPEAL NO. 3282 OF 2020
The Indian Parliament passed the Citizenship (Amendment) Act, 2019 in December 2019 causing widespread protests in India. One such protest led to the closure of the di...
RESERVATION IN INDIA
RESERVATION
Positive Discrimination
Affirmative Action
Reservation in India is a government policy, backed by the Indian Constitution
Government Educational Institutions &ndash...
CREAMY LAYER CONCEPT FOR SC & ST
Creamy layer is a term used in Indian politics to refer to some members of a backward class who are highly advanced socially as well as economically and educationally. They constitute the forward section of that particular backward class &n...
DAUGHTER'S RIGHT ON HINDU PROPERTY
BACKGROUND
The Hindu Succession Act, 1956 (Act of 1956) was enacted to amend and codify laws concerning intestate succession among Hindus and caused changes with reference to succession and also conferred on women certain rights which until then wasn&apo...
ABROGATION OF ARTICLE 370
HISTORY
· Before independence British India consisted of colonies & princely states, which were under the Agreement of Suzerainty with England. The criteria for British India to become India laid on the formation of a...
RIGHT TO INTERNET
RIGHT TO INTERNET – J&K
ANURADHA BHASIN V. UNION OF INDIA (WRIT PETITION (CIVIL) NO. 1031 OF 2019)
The issue starts with the security advisory issued by the Civil Secretariat, Home Department, Governmen...