Știri

Law Web3 h
Framework for Determining Joint and Inseverable vs. Separable Decrees in the context of abatement proceeding: Sardar Amarjit Singh Kalra Analysis
The Constitution Bench of the Supreme Court in Sardar Amarjit Singh Kalra (Dead) by LRs v. Pramod Gupta (Smt.) (Dead) by LRs (2003) 3 SCC 272 established a comprehensive framework for determining ...
Law Web5 h
Beneficiary's Right to Seek Letters of Administration When Executor Refuses to Act: Analyzing Vatsala Srinivasan v. Shyamala Raghunathan
The Supreme Court's decision in Vatsala Srinivasan v. Shyamala Raghunathan represents a significant advancement in Indian succession law. By establishing that beneficiaries can seek letters of ...
Law Web11 h
Safeguarding Justice: Supreme Court Reinforces the Sanctity of Complete Trial Records in Appellate Proceedings
38. The language of Section 385 shows that the Court sitting in appeal governed thereby is required to call for the records of the case from the concerned Court below. The same is an obligation, power ...
Law Web11 h
Redefining Appellate Justice: How Jitendra Kumar Rode Transforms the Constitutional Right to Fair Appeal in the Digital Age
The Court's most innovative reasoning lay in integrating procedural requirements with constitutional guarantees. Justice Karol observed that "personal liberty cannot be cut down without fair legal ...
Law Web12 h
Redefining Appellate Justice Through Immutable Technology: How Blockchain Solutions Could Have Prevented the Jitendra Kumar Rode Crisis
The Jitendra Kumar Rode judgment represents more than a procedural victory—it exposes the inadequacy of traditional ...
Law Web16 h
Delhi HC: Sanction under S 17A of The Prevention of Corruption Act is not required in Trap cases
As may be seen, the first proviso to Section 17A refers to cases wherein a public servant is charged with acceptance of an undue advantage or attempt thereof. A prior approval or sanction to ...
Law Web1 z
Checklist Toolkit for Session Judges for deciding remand and Bail Applications of accused Under Prevention of Corruption Act
This comprehensive checklist ensures systematic evaluation of bail applications under the Prevention of Corruption Act while balancing the accused's liberty rights with the investigation's integrity ...
Law Web1 z
Under which circumstances person accused for offenes under the prevention of Corruption act is not entitled to anticipatory bail?
If liberty is to be denied to an accused to ensure corruption free society, then the courts should not hesitate in denying such liberty. Where overwhelming considerations in the nature aforesaid ...
Law Web1 z
Comprehensive Guide to Bail Applications in POCSO Act Cases: Legal Framework and Judicial Guidelines
Courts have established that "since section 31 says that a Special Court appointed under the POCSO Act is deemed to be a Court of Sessions under the Cr.P.C., the provisions of section 439 Cr.P.C., for ...
Law Web1 z
Uttarakhand HC Rules: Bail Applications Under Section 12 of Juvenile Justice Act to be Considered Even if Child Transferred for Adult Trial
1. Applicant is in judicial custody in Case Crime No.0317 of 2022, under Sections 376 (3), 506 IPC and Section 5 (j) (ii)/6 of the Protection of Children from Sexual Offences Act, 2012, Police Station ...
Law Web1 z
If a witness who has taken a religious vow of silence, how the court will record his evidence?
The treatment of witnesses under religious vows of silence represents a remarkable achievement in legal accommodation. By interpreting Section 119 of the Evidence Act to include those bound by ...
Law Web2 z
Bombay HC upholds Trial Court’s view that informing grounds of arrest four minutes after arrest was not unreasonable.
The grounds of arrest are conveyed to the Petitioner within 4 minutes of his arrest. The communication of the grounds of arrest are indicated based on the diary entry as well as the contemporaneous ...