SYED AATIF

SYED AATIF

Member since: September 16, 2018
Total live articles: 30

Advocate S.M. Aatif Founder Farhat Law Chamber, New Delhi (Contact on [email protected])

Recent Articles by SYED AATIF

Secularism Of Indian Constitution

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The beautiful and unique diversity of India became the centre of the constitutional assembly debates wherein a country that got independence from a two century old British raj and a country tha...

Departmental Enquiry

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It's a laid down law that departmental enquiry is the rule and it cannot be dispensed away with while dismissing an employee. Article 311(2) of the Constitution reads as follows: 311. Dism...

Rape by HIV+ positive patient doesn't amount to attempt to murder

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Recently the Delhi High court in Sabhajeet Maurya v. State (NCT of Delhi)[1] ruled that an HIV positive patient cannot be convicted for an offence punishable under Section 307 IPC. The singl...

Zero FIR

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The information given to a police officer and reduced to in writing as per the provisions of Section 154 of the Code of Criminal Procedure, 1973[1] (hereinafter, the CrPC) is known as the first...

No Conviction Under Section 304B IPC If Unnatural Death Not Established

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A Bench of the Honorable Supreme Court of India in Sandeep Kumar and Others versus State of Uttarakhand and Another[1] held that the offence of dowry death under Section 304B of the Indian Pena...

False allegations of impotency against husband is cruelty

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A false allegation of impotency against the husband amounts to cruelty, the Delhi High court held.[1] A Bench comprising of Honorable Justice Manmohan and Justice Sanjeev Narula while dealing wi...

Right To Choose A Partner Is A Fundamental Right

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The Honourable Allahabad High Court recently in Salamat Ansari and others versus State of UP and others[1] cancelled a case against a Muslim man filed by the parents of his wife who had convert...

LGBTQ Community And Succession Laws In India

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In Navtej Singh Johar v. Union of India[1], a Bench of the Honorable Supreme Court of India, headed by the former Chief Justice, Honorable Justice Dipak Misra, read down the colonial law of Sec...

Prostitution And The Recent Observations Made By The Bombay High Court

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The Bombay High Court recently in the case of Kajal and others v. State of Maharashtra [1] held that prostitution per se is not a crime as per the provisions of The Immoral Traffic (Prevention)...

Observation By Supreme Court On Rape In Maheshwar Tigga Case And Why Its Impo...

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A bench of the Honorable Supreme Court of India recently in Maheshwar Tigga v. State of Jharkhand[1] while acquitting a man accused of raping a woman on pretext of marriage held that misconcept...

Right Of Maintenance In Same Sex Relationships

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The Honorable Supreme Court of India in the case of Navtej Singh Johar v. Union of India[1] passed a landmark judgment. A Bench headed by the former Chief Justice, Honorable Justice Dipak Misra...

Adoption And LGBTQ Community

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Adoption is a process that impacts the life of a child and changes it completely. It has great implications. Hence, while dealing with the process of adoption, the sole criteria should be the w...

Navtej Singh Johar And The Curious Case Of Same Sex Marriages

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The Indian Penal Code (hereinafter, the IPC) is the principle legislation dealing with substantive criminal law in India. Various provisions punishing various offences have been laid down under...

Government Duty Bound To Provide Timely Medical Assistance

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In Parmanand Katara v. Union of India[1], the Honourable Supreme Court of India (hereinafter, the Apex Court) considered a serious problem existing at present i.e. In a medico-legal case, such ...

The Principle Of Rarest Of Rare: A Critical Analysis

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The first form of punishment under Section 53 of The Indian Penal Code[1] (hereinafter, 'the IPC') is death penalty. Death penalty as an offence has been prescribed for various offences under the...

Need For A Witness Protection Law In India

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The Honorable Supreme Court of India in the case of Mahendra Chawla v. Union of India[1] decided on 5th December 2018, approved the Draft Witness Protection Scheme which was prepared by the input...

Separation Of Power And Indian Constitution

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The doctrine of Separation of Powers emphasizes mutual exclusiveness of the three organs of the government viz., legislature, executive and judiciary. The rationale behind the doctrine is that ...

Doctrine Of Prospective Overruling

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The Honorable Supreme Court of India in the landmark case of I.C. Golaknath and Ors. v. State of Punjab and Anr.[1] made an attempt to soften the impact of declaring a law as unconstitutional aft...

Rule of Caveat Emptor

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Caveat emptor is a Latin word and it means buyer beware. This word is mainly used in commercial transactions and the buyer assumes the risk that the product may be defective partially or totall...

A Review on Public Interest Litigation

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Public Interest Litigation (PIL) is a significant innovation in justice administration of delivering legal service to certain class of citizens who stand deprived of their right and who are disab...

Advisory Jurisdiction Of Supreme Court

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Article 143[1] of the Indian Constitution presents some special features of exchange between the executive and Supreme Court of India (hereinafter, the Apex Court). The President of India, in ...

Judicial Review In India

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Judicial review originated in the United States but is now accepted as one of the basic and essential feature of our Constitution and no law passed by the parliament in exercise of its constitu...

Laws Against Human Trafficking In India: A Critical Analysis

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The government of India officially ratified the United Nations Convention against Transnational Organised Crime (UNTOC)[1] and its Protocols, including the UN Trafficking Protocol, on May 5, 2011...

Rule Of Law And Indian Constitution

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The doctrine of Rule of Law is ascribed to Albert Venn Dicey, a British jurist and constitutional theorist. His writings in 1885 on the British Constitution included the following three distinct...

T.M.A. Pai Foundation v/s State of Karnataka: Right Of Minorities To Establis...

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A Bench of 11 judges adjudged the question of the scope of the right of minorities to establish and administer educational institutions of their choice under Article 30(1)[1] read with Article ...

Binding Nature Of Supreme Court Decisions

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The declaration that: it is emphatically the province and duty of the Judicial department to say what the law is[1] comprehends the following principle; that the Supreme Court is the final interp...

The New Equality Doctrine

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The Indian Constitution guarantees the right to equality vide Articles 14 to 18. Equality is one of the magnificent corner-stones of Indian democracy.[1] The doctrine of equality before law is a ...

Rupa Ashok Hurra v/s Ashok Hurra And Anr- The Birth Of Curative Petition

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Indian jurisprudence has ever since seen some landmark developments either through the legislature or the judiciary. One can go on and on about the growth and immense development that our legal...

The Importance Of Administrative Tribunals In Legal System And The Issues Bei...

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In administrative law, tribunal is a body that practices power to adjudicate. ‘Tribunals’ are not termed as ordinary courts. Article 136 of the Constitution[1] recognises the statu...

Caring For Children In Conflict With Law Under The Juvenile Justice-Care And ...

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In India, laws dealing with child delinquency have a long history. It begins with the Apprentices Act, 1850 which preferred training over imprisonment for a child below the age of 15 committing s...

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Popular Articles by SYED AATIF

Zero FIR

Titile

The information given to a police officer and reduced to in writing as per the provisions of Se...

Rule of Caveat Emptor

Titile

Caveat emptor is a Latin word and it means buyer beware. This word is mainly used in commercial...

T.M.A. Pai Foundation v/s State of Karna...

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A Bench of 11 judges adjudged the question of the scope of the right of minorities to establish...

Rupa Ashok Hurra v/s Ashok Hurra And Anr...

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Indian jurisprudence has ever since seen some landmark developments either through the legislat...

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