The settled law that obiter dicta are not binding can be found discussed in the Supreme Court's judgment in Property Owners Association vs. State of Maharashtra (2024), particularly in its anal...
Supreme Court Mandates Full Disclosure of Criminal History in Bail Pleas In a recent judgment, the Hon'ble Supreme Court of India, comprising a Bench of Justices Dipankar Datta and M...
In March 2025, the Supreme Court, in Ashish Kakkar v. UT of Chandigarh (Criminal Appeal No. 1518/2025 arising out of SLP (Crl.) No. 1662/2025), overturned the arrest and remand of Ash...
Key Points/ Purpose Research suggests a curative petition is a last resort after a review petition is dismissed, seeking to prevent miscarriage of justice. It seems likely that the peti...
History and Establishment Before India gained independence, the Federal Court of India (1937-1950) was the highest judicial body. After the adoption of the Constitution ...
The Supreme Court's decision inOm Prakash Ambadkar v. State of Maharashtra & Ors.(Criminal Appeal No. 352/2020, 16 January, 2025) offers critical insight into magistrates' discretionary pow...
In the case of [In Re: Termination of Civil Judge, Class-II (JR. Division) Madhya Pradesh State Judicial Service], the Supreme Court of India criticized the Madhya Pradesh High Court for firing...
In the midst of national outrage over the suicide of techie Atul Subhash, who was based in Bengaluru, who was allegedly mentally distressed due to marital issues with numerous court cases filed...
The concept of judicial independence is frequently lauded as a cornerstone of democratic societies, acting as a vital bulwark against tyranny and injustice. The phrase, "Judicial independe...
Basic Structure DoctrineThe basic structure doctrine is a common law legal doctrine that the constitution of a sovereign state has certain characteristics that cannot be erased by its legislature. ...
The Supreme Court in it's landmark judgment, The Bijnor Urban Cooperative Bank Limited, Bijnor & Others v. Meenal Agarwal & Others (AIR 2022 SC 7), delivered on December 15, 2021, the S...
In Indian constitutional law, judicial appointments have long been a subject of intense debate and scrutiny. The process through which judges are selected has significant implications for judic...
The word Lien is usually of commercial parlance, and it usually means the right which a Debtor has over goods of the person, to whom money has been lend. However, in Service Jurisprudence it re...
The transfer of cases is an important legal mechanism provided under Indian law to ensure justice, fairness, and convenience for all parties involved. When a party to a ca...
The judiciary is the most significant pillar of any civilised society and a crucial administrative component in the modern world. Just and fair trials, freedom of speech, and expression are amo...
Recently, the Supreme Court criticized the practice of "bulldozer justice," emphasizing the recent trend of demolishing properties based on criminal allegations against the accused or...
Olga Tellis v. Bombay Municipal Corporation Facts: The state of Maharashtra and Bombay Municipal Corporation decided to evict the people residing in slums and pavement dwellers in Bombay...
On Wednesday, 13th November 2024, the Supreme Court passed a judgement on the "Bulldozer Action", which represents a watershed moment. The essence of the judgement is that no property, legal or...
In an era where digital platforms increasingly shape the social fabric of nations, India has taken a groundbreaking step toward protecting its most vulnerable citizens. On September 23, the ...
The Supreme Court of India's judgment in Arnesh Kumar vs. State of Bihar (2014) stands as a judicial milestone, reshaping the interpretation and implementation of Section 498A of the Indian Pen...
This article delves into the intricate landscape of remission policy in India, a topic that gained prominence following the controversial remission of 11 individuals convicted of heinous crimes...
Harish v/s The Inspector Of Police The POCSO Act, 2012 was introduced by the Union legislature to provide a common framework for providing safety and ensuring to reduction of the level of crime ...
Case Analysis: Sushila Aggarwal v. State of NCT of Delhi, (2020) 5 SCC 1Background of the Case The case of Sushila Aggarwal v. State of NCT of Delhi revolved around the interpretation of Section...
State of Himachal Pradesh v. M/s Gujarat Ambuja Cement Ltd. (2022)The case of State of Himachal Pradesh v. M/s Gujarat Ambuja Cement Ltd. (2022) focuses on the interpretation and application of O...
Container Corporation of India Ltd v. Ajay Khera (2023) Detailed Case Analysis Background of the Case: The case revolves around the conflict between business interests and environmental c...
Alagammal v. Ganesan (2023) Provision Involved Specific Relief Act, 1963 – Specific Performance of a contract. The case of Alagammal v. Ganesan (2023) deals with the ...
Union of India vs. B.T. Patil & Sons Belgaum (2024) Provisions Involved: Exim Policy (1992-1997): This Export-Import policy governs duty drawbacks, specifically in relation to...
Case analysis: Sushil Kumar Pandey & Ors. vs. The High Court of Jharkhand Provision Involved: Rules 14, 18, 21, and 22 of the Jharkhand Superior Judicial (Recruitment, Appointment, and Cond...
Case analysis of: High Court Bar Association, Allahabad v. State of U.P. & Ors. Provisions Involved: Article 142 of the Constitution of India: This Article allows the S...
Case Analysis of: Cdr Seema Chaudhary vs. Union of India (2024) Provision Involved: Articles 32 and 142 of the Indian Constitution: These provisions deal with the power ...
The Apex Court in Dahiben vs. Arvindbhai Kalyanji Bhanusali (Gajra) (D) Thr Lrs (2020) 7 SCC 366 pronounced a landmark judgment on issues surrounding the cancellation of a sale deed, fraud, and...
The judiciary of India, often heralded as the sentinel on the qui vive for the rights and liberties of its citizens, is vested with immense powers, particularly by virtue of the Supreme Court's...
The doctrine of the curative petition represents a significant facet of the Indian judicial system, epitomizing the apex court's commitment to rectifying its own erroneous judgments. First crys...
Contextualising the Court's decision: introduction About 10 years after the plight of a visually impaired Scheduled Caste woman who was raped reached before the bench of Dr. D.Y. Chandrachud and...
Quota within quota: what happened and what's next?The Supreme Court's recent judgement about subcategorisation within the Scheduled Caste categories and as a result, overruling its own decision o...
Injustice Anywhere Is A Threat To Justice Everywhere. - Martin Luther King Jr. The Supreme Court of India and other high courts on numerous occasions, exercised its authority to initiate cases...
The Indian Criminal Justice System is considered to be one of the most critical and overwhelming systems in the world, India is the most populous country in the world. It is not a surprising ...
'If you ask me, my ideal would be the society based on liberty, equality and fraternity. An ideal society should be mobile and full of channels of conveying a change taking place in one part to...
The power to arrest under the Prevention of Money Laundering Act (PMLA) cannot be exercised on the whims and fancies of Directorate of Enforcement (ED) officers'' {Supreme Court in Arvind Kejr...
In the last 20 years, there has been a notable shift in the world, primarily due to the impact of digitalization. Modern technologies have revolutionized every industry, from banking to healthc...
On July 10th 2024, Justice AG. M July 10th 2024, Justice AG. Masih & Justice BV. Nagarathna of the Supreme Court penned a landmark judgement on the jurisprudence of the right to maintenance un...
Case title: Mohd Abdul Samad v. The State of Telangana & Anr. Special Leave to Appeal (Crl) 1614/2024 Bench: Justice BV Nagarathna and Justice Augustine George Masih Facts: The Sup...
The Indian judiciary is facing a daunting challenge with approximately 80,000 cases languishing in the Supreme Court, creating a significant backlog. This accumulation of pending cases has prof...
Facts: The government of Maharashtra and the city administration of Bombay planned the demolition of the shelters belonging to slum-resided people and flights of stairs pavement dwellers in Bo...
Case Analysis of M. Siddiq (D) Thr. Lrs. v. Mahant Suresh Das 2019 SCC OnLine SC 1440 Parties to the Case: Appellant: M. Siddiq (D) Thr. Lrs. (legal representatives) v/s Respondent: Mahant S...
"If the right to vote is a statutory right, then the right to reject a candidate is a fundamental right of speech and expression under the Constitution."(Hon'ble Supreme Court in PUCL v UOI, 20...
As the highest court in the nation, the Indian Supreme Court is essential to upholding the rule of law and defending the rights and liberties of its residents. Since its founding in 1950, the S...
It is common knowledge that complaints, suits, appeals, revisions & other modes of redressal filed before Courts/ Authorities are filed beyond the statutory timelines and due to inadvertenc...
The Supreme Court would ordinarily be slow to interfere in an order of acquittal. The powers of the appellate court in an appeal against acquittal are no less than in an appeal against convicti...
Amendment of Plaint Legally Permissible At Any Stage of The SuitIt is settled law that amendment of a plaint can be made at any stage of a suit. The Apex Court in a catena of judgments have categ...
Sublato Fundamento Cadit Opus is a Latin legal maxim which means The foundation being removed, the structure falls.According to Oxford Reference Sublato fundamento, cadit opus means that "...
Article 32 of the Constitution confers power on the Supreme Court to issue directions, orders, or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto, and cer...
It is common knowledge that the Authorities often travel beyond the scope of the Show Cause Notice in Administrative/ Quasi-Judicial proceedings. The Courts have categorically held that such or...
Electoral financing stands as a cornerstone of democratic governance, serving as the lifeblood that fuels political campaigns, party activities, and policy advocacy. In democracies worldwide, t...
A crucial step towards incorporating the WhatsApp messaging platform into Supreme Court proceedings was taken when Justice DY Chandrachud, Chief Justice of the Indian Supreme Court, announced i...
IN February 2023, Delhi's Deputy Chief Minister Manish Sisodia was arrested and accused of providing undue benefits to liquor vending licensees. On July 8, 2022, the Chief Secretary sent a rep...
In this article, we discuss the significance and need for separate menstrual leave in organizations, besides examining its extent its extent legal positions in INDIA and across other jurisdicti...
The 2017 introduction of the Electoral Bond Scheme in India sought to transform political financing by permitting anonymous contributions to political parties using interest-free bearer securit...
It is common knowledge that employees are dismissed from service or strict punitive action is taken against them on the basis of Enquiry Reports, which the hapless employees are never confronte...
Freedom of speech and expression is a fundamental right enshrined in the Constitution of many nations, including India. The Supreme Court of India plays a crucial role in interpreting and uphol...
The Supreme Court of a country typically serves as the highest judicial authority. Its main roles include interpreting laws, settling disputes, upholding the constitution, and ensuring justice ...
Fundamental rights refer to the first and most important human rights guaranteed to all citizens of India. These rights are applied without any kind of discrimination irrespective of race, reli...
The Apex Court recently in the case of Rakesh Ranjan Shrivastava vs The State of Jharkhand & Anr in Criminal Appeal No. 741 of 2024 decided on March 15, 2024 dealt with the issue whether gra...
Supriyo@Supriya Chkaarborty & Others V/S Union Of India In a significant legal development, the Supreme Court has reaffirmed the rights of LGBTQIA+ individuals, marking a decisive victory in...
It is common knowledge that the complainants, in undue hurry, file the criminal complaint in the Court u/s 138 of the Negotiable Instruments Act, 1881 before the expiry of the mandatory period ...
The Supreme Court of India struck down the Electoral Bond Scheme in a ground-breaking verdict in February 2024. It made a pivotal moment in the country's ongoing struggle to refine political fu...
Is a Complaint on the basis of a second or successive Statutory Notice u/s 138 NI Act, issued after Re-Presentation of a dishonoured cheque, maintainable? A primary/jurisdictional objection in...
Raisina Hills Is Polluted - Not Just EnvironmentallyBenjamin Franklin was asked whether they are a Republic or Monarch a republic if you can keep it, he replied. On 7th August 2023, the chamber o...
Dishonour of cheque, for reasons enumerated in Section 138 of the Negotiable Act, 1881, attracts criminal proceedings under the NI Act and the drawer/accused can be punished with imprisonment f...
Can a Person be prosecuted under both Section 420 of IPC & Section 138 of NI Act? If a cheque is dishonoured, the alternatives available with the drawee is to either file a civil suit or t...
Supriyo@Supriya Chkaarborty & Others v/s Union Of India In a significant legal development, the Supreme Court has reaffirmed the rights of LGBTQIA+ individuals, marking a decisive victory in...
There is common misconception as to whether a 'Post-dated cheque' is a cheque in the eyes of law particularly under the NI Act and if a postdated cheque is legally not a cheque then when does i...
It is a common defence of the accused, in complaints filed u/s 138 of the Negotiable Instruments Act, 1881, that signed blank cheques of the drawer have been misused by the complainant and to b...
It is common knowledge that sometimes cheques are dishonoured by the Bank with the remark "Account Closed". The drawer/accused plead in the Court that the dishonour of cheque for the ...
The Apex Court in Sadanandan Bhadran v. Madhavan Sunil Kumar (1998) 6 SCC 514 categorically held that the complaint filed on the basis of the second dishonour of a cheque after the payee of the...
In the era of globalization, the advent of Information and Technology has significantly reshaped our lives, with electronic transactions becoming routine. Consequently, as courts address variou...
IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION Writ Petition (C) No. 880 of 2017 Association for Democratic Reforms & Anr. �Petitioners Versus Union of India &...
In 2018, the government introduced electoral bonds as a means of political funding, allowing anonymous donations to political parties through the State Bank of India (SBI). However, this move f...
The sealed cover documents were always controversial due to their contradictory nature towards the principle of fair and natural justice, open court system, and transparency. Several judges cri...
The Doctrine of 'Basic Structure' is considered the most potent tool in the hands of the Indian judiciary to maintain the balance of power, the checks and balances that are required for a smoot...
The SC/ST (Prevention of Atrocities) Act, 1989, designed to protect the rights of Scheduled Castes and Scheduled Tribes in India, has faced significant judicial scrutiny. Recent judgments have ...
Prostitution is a business or practices in which male or female take part in sexual activity in return of money. People who are engaging in this kind of activity is called prostitute. Status of...
"Bridging the gap made by gender injustice is the challenge of decade that needs to be addressed" Introduction Indian soil had always been entangled with deep etched roots of gender...
The judicial landscape in India has been significantly shaped by landmark judgments that have not only interpreted the law but also sought to bring about essential reforms in the administration...
The judiciary represents a distinct realm, embodying the cradle, the arena, and a manifestation of law and justice as an entity independent from external interference. This independence ensures...
Introduction: Encouraging a strong judicial exchange between diverse systems is crucial in this age of legal globalization, especially for those systems that hold common beliefs and ideals. Al...
The Indian Supreme Court grants the privilege for a representative designated as an Advocate-on-Record (AOR) to act and argue in favour of their clients pursuant to the Order IV, Rule 5 of the ...
Introduction In India, if a party is not satisfied with the judgment or order of the Supreme Court, they have the option to file a review petition as a legal remedy. The review petition is pre...
In India, a curative petition serves as a legal remedy that individuals can use to seek a review of a final judgment or order issued by the Supreme Court. This option is available even after th...
The Constitution of India grants the Supreme Court with exclusive power to provide special leave for appeal against any judgment, order, or decree made by any Court/tribunal within Indian Terri...
Brief Facts: The appellant is a firm which deals in bullion and other goods at Amritsar. Ralia Ram was one of its partners. Ralia Ram arrived at Meerut. His object in going to Meerut was to...
Recently , the Hon'ble Supreme Court in Irfan @ Naka V. State of Uttar Pradesh held that Dying Declaration must be voluntary and must not be the result of any kind of tutoring or prompting or a...
"All Rights Secured To The Citizens Under The Constitution Are Worth Nothing And Mere Bubble, Except Guaranteed To Them By An Independent And Virtuous Judiciary" On 28 January 1950, a mere t...
The Vineeta Sharma v. Rakesh Sharma[1] case revolves around the concept of the coparcenary rights of the daughter and the Hindu Succession Act. Before the ancient Mitakshara Law of Hindu was foll...
Case comment: Laxmibai chandaragi v. the state of Karnataka [1]Case name: laxmibai chandaragi v. the state of Karnataka Date of judgement: February 8, 2021 Appellate: laxmibai chandaragi b. and...
This is a case relating to professional misconduct by the advocate. Professional conduct is that kind of manner which is outside the bounds of what is considered acceptable or worthy of its mem...
Writs are extraordinary legal remedies available under the Indian Constitution to safeguard fundamental rights and ensure justice and fairness in the legal system. These writs are essentially c...
The judiciary has time and again intervened and protected the environment by overstepping its power. Despite all criticism and backslash for overstepping its authority, one aspect where everyon...
Today I am highlighting one of the topic whose exaggeration view should be known to every citizen of India the topic I'm covering is collegium system of India In India we follow the collegi...
Smith V Hughes, [1960] 1 Wlr 830Facts Of The Case: The defendant was a common prostitute who maintained a residence at 39 Curzon Street in London, W., and engaged in prostitution there. The defe...
The Shiv Sena is a political party based in the Indian state of Maharashtra. Founded in 1966 by Bal Thackeray, the party has been a significant player in Maharashtra politics for several decade...
The Krishna Janmabhoomi At Mathura Case is a long-standing dispute between the Hindu and Muslim communities in India. The dispute revolves around a site in Mathura, Uttar Pradesh, which is beli...
In this article, we will take a closer look in this debate focusing on the related but distinct concept of privacy and right to privacy. An attempt has been made to throw the light on the recen...
India Justice Report 2023 (IJR )IndiaToday tells that on an average per judge in High Court hears around 20-150 cases, narrowing it to an average of 70 hearing per day. Imagine the pressure a ...
As we know that any democratic country, the independent judiciary has a vital role in administering justice and ensuring the rule of law and realization of human rights in society but to achiev...
Do Proceedings u/s 138 of NI Act abate when proceedings under Insolvency and Bankruptcy Code 2016 are set in motion? It is common notion that once a business entity applies for insolvency unde...
The Supreme Court of India is the country's highest judicial body, with a significant impact on the legal and social fabric. In recent years, the court has issued several landmark decisions on ...
The law relating to labor and employment is also known as Industrial law in India. The history of labor legislation in India is come from the British rule. Most of the acts are established by t...
On 14th July 2020, the Hon'ble Supreme Court of India delivered its judgment in the case of Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal and Others[1]. The Supreme Court while overrul...
M.R. Krishna Murthi v/s New India Assurance Co. Ltd: Facts of the Case: In this case the appellant was about 18 years when he met with an accident on 26-05-1988 due to negligence of the driver ...
Facts: The complainant's wife Mrs.Rahmita was missing from his house. The complainant Mr.Saklu Mian searched for her and was unable to find her whereabouts and complained police head quarters ...
Case Citation: Chandra Shekhar Soni vs Bar Council Of Rajasthan And Ors. on 20 July, 1983 Equivalent citations: AIR 1983 SC 1012, 1983 (2) SCALE 384, (1983) 4 SCC 255 Bench: A Sen, E Venkat...
The Supreme Court's pleasant personality is always the series of landmark judgments that maintain this legacy. The Supreme Court's first judgment of 2023 is enough in a cold, chilling winter to...
SC recent interpretation of Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 to send a wrong signal to society The Apex Court in a recent judgment in Sudes...
Juristic person or entity is someone who got rights & duties granted by the law. As a normal human being has laws, duties or rights granted to them automatically upon their birth, a juristi...
The recent Supreme Court observations in staying sedition law, tearing off sealed cover practice and in cases where the national security is in question are going through a proactive sense of a...
While responding to the respondent's argument for asking for the adjournment of the case due to the non-availability of the senior council, CJI Uday Umesh Lalit highlighted the case burden of t...
The time has come to consider and talk about a wide range of subjects. One is the need for reforms to the legal system. It adheres to the fundamental framework that serves as the foundation of...
Gurmail Singh & Anr. Vs. State of Uttar Pradesh & Anr Impact or effect if one of the convicted co-accused is died during the pendency of Criminal Appeal. Ten defendants were foun...
Ratio Decidendi:The Supreme Court ruled that eve teasing has become a pernicious, horrid and disgusting practice. In a civilized society, eve teasing is causing harassment to women in all publi...
Judiciary; a place dedicated to uplifting justice and equality, is also a place where there is no equal representation of male and female counterparts. In India, from the times of the first cou...
A theoretical evolution that popularised the conceptual aspects is different from the practical one. It's been said that "Justice is the crowning glory of the virtues" whether it is true or not...
Lots of people are raising their fingers in response to the Supreme Court's decision to destroy the Twin Towers. Speculation exists as to whether the Twin Towers' destruction would improve the ...
Shayara Bano case or Triple Talaq case led to a landmark judgement which banned illegal practice of Muslim males to announce divorce by affirming Talaq three times. This kind of Talaq system is...
It is common mistaken belief that Doctrine of Clean Hands is only applicable only to Writs under Article 226/227 of the Constitution in the High Court and Writs under Article 32 or SLP under Ar...
It is common knowledge that the landowners, whose lands are compulsorily acquired under the Land Acquisition Act 1894, are generally poor & illiterate and out of sheer ignorance & poor ...
This case comment talks about how an organization named PUDR, which works for protection and welfare of the democratic rights of the people filed a PIL against the State because they were negli...
Oliver Wendell Holmes, an American Judge, once said that "The life of the law has not been logic; it has been experience." Consistency is the cornerstone of the administration of ju...
Injustice somewhere jeopardises justice everywhere. The primary function of the judiciary is to provide justice by protecting the innocent and punishing the guilty. However, distinguishing betw...
'The founding fathers very wisely, therefore, incorporated in the constitution itself the provisions of judicial review so as to maintain the balance of federalism, to protect the fundamental r...
RBI's 2018 round dated April 6, 2018, wherein it coordinated that all elements managed by it would hereinafter not bargain in virtual monetary forms or offer any types of assistance working wit...
Sundaresh Bhatt, Liquidator of ABG Shipyard v/s. The Central Board of Indirect Taxes and Customs Facts: ABG Shipyard's "Corporate Debtor" worked in the shipbuilding industry. It u...
Facts of the Case: Social Activist Subhash Chandra Agrawal has filed an application before the CPIO, Supreme Court of India on 6th July 2009 to furnish a copy of the complete correspondence wi...
It is commonly believed that disobedience of order of the Court tantamount to Contempt of Court. In common parlance, this is probably the only connotation of 'Contempt of Court'. Contempt o...
"All human beings are born free and equal in dignity and rights."- Eleanor Roosevelt. Introduction. Part III of the Indian constitution guarantees fundamental rights, which are meant to pre...
Facts: F.Hoffmann La Roche Limited additionally called Roche Holding AG is a Swiss multinational healthcare organisation that generally operates beneath neath divisions: pharmaceutical and dia...
Population control is a massive problem in our country therefore in view of this problem the Uttar Pradesh government has proposed a Population Control Bill,2021. After so many years of indepen...
"Why should I then be false, since it is true that I must die here and live hence by truth"- Shakespeare Do you understand the significance of truth in on...
As it is, pending litigation has been a pandemic too. Nani Palkhivala once said, "Law may or may not be an ass; but in India it is a snail - it moves at a pace which would be regarded as un...
On the 11th of April 2022, the Supreme Court of India dismissed an SLP arising out of a Writ Petition of Mandamus filed by a hawker of Sarojni Nagar Market, named Madan Lal, in the Delhi High C...
The Indian legal system has evolved as a pivotal element of the world's largest democracy and confronting the battle to secure constitutional rights for every citizen. Understandably, the outbr...
Often labelled as a Colonial Artefact in the 21st Century, the whole concept of Contempt of Court in India, emanated during the colonial rule and is routed back to Regulating Act of 1773, which...
Life is a cycle and in order to continue the rotation death is preordained. We all know the fact that death is part and parcel of life as one who had took birth on the earth will die one day. T...
Summary The Supreme Court of India ruled in Farzana Batool vs. Union of India and Others that the government has an affirmative obligation to facilitate access to education at all levels. In t...
Kerala Union of Working journalist v. Union of India[1], Supreme Court of India, Writ Petition (Crl.) No(s). 307 OF 2020, Bench- Chief Justice N V Ramana, Justice Surya Kant and Justice A S Bop...
To a layman, Tribunals can be understood as quasi-judicial institutions, established under various statutes, empowered to adjudicate specific disputes- e.g., tax or service-related matters, det...
This paper deals with the strategies of appointment of judges within the Judiciary. The appointment of judges is an critical element of judicial independence which calls for that during administe...
We have an in-house team of highly qualified, proactive and diligent Supreme Court Advocate Delhi India for all types of specialized legal services in the Supreme Court of India including onlin...
In this article pendency of cases, their problems and possible solutions are talked about. The pendency of cases is a great problem for our Indian Judiciary. Since Judiciary is the third pillar...
The deplorable condition of Indian Prisons has often attracted the attention of the international community for the inhumane condition it provides to its inmates. The 2020 Prisoner Statis...
India, being one of the largest democracies of the world has the world's largest constitution that too in a written format making it stand apart from the world countries thus, giving it the rig...
When a litigant loses his appeal/revision in the High Court, there are two options available. He can either file a Special Leave Petition (SLP) before the Supreme Court to assail the judgement ...
What makes recent judges' elevation to the supreme court historic, is not the number of women who are elevated but the counterintuitive denial to Justice Akil Kureshi. As the apex court fina...
Where freedom slowly broadness down, from precedent to precedent. - Tennyson. Abstract This seminar paper is a Doctrinal and Analytical type of research in which we are going to see the me...
Honourable Justice Rohinton Fali Nariman Born -13 August 1956 Parents - Fali Sam Nariman, Bapsi F. Nariman Education -University of Delhi, Harvard Law School, Shri Ram College of Commerc...
The Apex Court is Supreme but not infallible. It is likely that some error may creep in their judgment due to non-consideration of a statutory provision or a 'precedent' or misinterpretation of...
With the enactment of the Insolvency and Bankruptcy Code, one of the questions that often arose before the National Company Law Tribunal, which is vested with Jurisdiction to adjudicate upo...
Laws are classified into three types: Jus naturalis, Jus gentium, and Jus civile. Jus naturalis is the natural law, Jus Gentium is the international law applied in disputes between the nations...
Ever since the second outbreak of COVID-19 , human rights violations have become rampant whether it be by gagging of free press and the freedom of expression on social media, the black marketin...
India has the largest population of Wild Asian Elephants in the world. As of 2017, India is home to over 27 thousand Asian Elephants which are spread over approximately 66 thousand square kilom...
The Supreme Court Bar Association appears to have gotten itself into a tangle recently. The entire issue began with a proposal to elevate Supreme Court lawyers to the position of Judge on the H...
Its inherent powers under Sec 482 and case study:Rupan Deol Bajaj V KPS Gill and other relevant case laws (State of Punjab V. Major Singh, Veeda Menezes v. Yusuf Khan) Introduction: Inherent p...
Habeas Corpus means ‘to have the body’ and it is one of the most effective remedies available to a person detained. The Writ of Habeas Corpus is issued by the Courts in those cases where a...
What is a Writ Petition? How can I file a writ petition in India?Thousands of writ petitions has been filed in the various High Courts and Supreme courts of India by invoking the following kind o...
Yes. It is possible to quash a First Inspection Report filed by Police in any High Courts but it is not easy to quash it after 13 April 2021 of the Hon'ble Supreme Court. The Hon’ble High C...
The Bench of the Hon’ble Supreme Court of India (Supreme Court) comprising of Mr. Justice R.F. Nariman, Mr. Justice Aniruddha Bose, and Mr. Justice V. Ramasubramanian, in a recent judgment of...
In 1992, Reservation for the socially and educationally backward classes (SEBC) was introduced to end the historical injustices such as inequality, exploitation, discrimination faced by a vulne...
In a contemporary Supreme Court judgment, the five-judge bench (existing of Justices Ashok Bhushan, L. Nageswara Rao, S. Abdul Nazeer, Hemant Gupta, and S. Ravindra Bhat) abrogated Maharashtra'...
The right to marriage is a fundamental right given to both males and females under Article 21 of the Constitution but its practical interpretation in an Indian family is hard to find. Marriage ...
In this modern world of technology the one’s who does not change with time is blotted out. As the only constant thing in this universe is change. During this strenuous time of Covid-19 people...
The Supreme Court had ruled that the practice which is being used by the sabrimala temple is in violation of the rights of the women and the Supreme Court allowed women to enter the temple ...
Amicus curiae is a legal Latin phrase, literally translates as friend of court. It is a legal tem and the definition is -"an impartial advisor, often voluntary, to a court of law in a part...
Corruption in our society is like cancer, which if not detected soon within the time it will surely spread its magnificence among the polity of democracy. To detect corruption has always been a...
Gender Sensitization is a basic requirement to understand the emotional needs of a particular gender. It helps us in examining our attitude and beliefs associated with a particular gender. ...
The answer to the question of whether the Supreme Court ought to, or ought not to entertain an SLP on the ground of maintainability is not a straightforward one. The Supreme Court in a series o...
See you in Court , the most commonly used statement in any case of dispute in India, from a brawl between neighbours in a lower middle class neighbourhood to huge industrial and corporate dispu...
Both the cases come under the ambit of Section 56 which includes the doctrine of frustration theory in implied terms and through just and reasonable solutions by the judges. Also no intentions of...
Whether the High Court decision is based on the decision of the Supreme Court which was not considered at the time of argument? The Law Declared by the supreme court shall be binding on all courts...
Meaning The literal meaning of precedent is something that has happened before.[1]A precedent is statement of law found in a judicial decision of a High Court or superior court, meant to be fo...
A Fundamental research about the complicity of use of crypto currency and kind of crypto currencies around the world, when there are 5 developed countries recognized the use of bit coins while ot...
A Fundamental research on the Supreme court of India on the aspects of the social science point of view to justify the need for an additional bench with respect to the increasing population by ...
The recent nomination of Ex-CJI Ranjan Gogoi to Rajya Sabha has not only questioned the separation of power doctrine but has also brought about the issue of post- judicial appointments. In Rajy...
Correctness of the Bombay High Court judgment ( Nagpur Bench) in Satheesh Vs State of Maharashtra in Criminal Appeal 161/ 2020 decided on 19.01.2021 is highly doubted. The court held that touch...
Scandalising the court means any hostile criticism of the Judge as Judge; any personal attack upon him, unconnected with the office he holds, is dealt with under the ordinary rules of slander and...
Justice delayed is justice denied. Introduction Bharatiya Kisan Union The foundation of the Bharatiya Kisan Union (BKU) began with the formation of the Punjab Khetibari Zamindari Union (late...
Nelson Mandela once said Democracy and Human Rights are inseparable. The quote signifies the importance of Human Rights and the parallel approach of complying with those rights in a democratic ...
The Supreme Court agreed to hear the plea of a 94-year-old woman seeking to declare the proclamation as ‘wholly unconstitutional’, made in 1975 by the Congress government led by Indira Gandhi...
Even if there might be some contradictions with respect to language known by the victim, in that case also, it cannot be said to be the major contradictions to disbelieve the entire medical ...
Brief Facts: In the present case, there was a company was owned by Dalmai group namely Dalmai airways ltd. which was registered in July 1946 and went into liquidation in June 1952. The pr...
Background of facts: National Law School of India University (NLSIU), a member of CLAT Consortium announced its own entrance test NLAT, via press release on 3rd of September, 2020 as CLAT post...
While hearing the plea involving UAPA, the apex court held that right to default bail under Section 167(2), CrPc is part of procedure established by law under Article 21 of the Constitution of ...
The Apex Court in a Landmark Judgment dated September 11, 2020 in National Co-operative Development Corporation versus Commissioner of Income Tax, Delhi-V has held the Government is the biggest...
Justice must not only be done, but must also be seen to be done. This maxim was laid down by Lord Hewart in Rex v. Sussex Justices [1], where he went on to held: Nothing is to be done which creat...
Right to Information (RTI) is a Fundamental Right guaranteed to the citizens of India.[1] It was introduced by the Right to Information Act, 2005 which seeks to mandate disclosure of informatio...
The Supreme Court of India has made an observation that any diseases caused or transmitted by insect bite/virus in the natural course of events would not be covered under the definition of acci...
The doctrine of Separation of powers is a part of the basic structure of the Indian Constitution. The three organs of the Government- Legislature, Executive and Judiciary impose checks and balanc...
Commerce on the Internet has become almost exclusively on all sectors serving as trustable source for electronic payment and much easier than live transaction. In 2008, an unknown computer progra...
Very recently social media was flooded with pictures of Chief Justice of India Sharad Arvind Bobde sitting on a Harley Davidson superbike, prompting several reactions among general public. B...
Shortly after retirement, Ranjan Gogoi who served as the 46th Chief Justice of India nominated to the Rajya Sabha and his acceptance of the same has raised serious concerns and questions few ti...
Facts of the case: In the present case, the Hon'ble Supreme Court of India was hearing an appeal filed by M.R. Krishna Murthy (Appellant) against the order of Hon'ble High Court of Delhi. This pl...
Ref: order dated 12.06.2020 by Supreme Court of India Various writ petitions were filed before the Supreme Court of India by different employers, employers’ associations questioning the orders ...
Today when nation is going through extraordinary discouragement due to this pandemic called covid-19, the Supreme Court has consented to hear PIL over asked to change the classification of our Na...
Vijay Mallya is one of the most talked-about and prominent business personalities of India. Vijay Mallya owned India's biggest liquor company, private jet, an Airbus, and many other riches such a...
British come here as merchant for doing jobs, slowly they establish their factories and increase the territorial area under them because their factories provide a lot of opportunity of employment...
The Supreme Court said it takes with utmost seriousness the sensitive task of balancing national security and human rights and referred to its earlier Judgement in which it held that: the degree ...
Privacy Via-a-Vis Surveillance in India Surveillance is a necessary tool for maintaining the sovereignty, integrity, and security of the State and it helps in the prevention and investigation of t...
Article 226 of Constitution of India confers a power of judicial review on all the High Courts of India. It enables them to issue to any person or authority, including in appropriate cases any Go...
The world is facing the biggest crisis in the form of coronavirus pandemic due to which the precious lives of many people are in danger. More than 180 countries[1] are affected by this coronaviru...
Precedent form the primary source of law these days, they tend to strengthen the laws and judicial system of the country and help us to improve the formation of laws of the country and make them ...
The world is facing catastrophic situation due to the outbreak of Covid-19. World Health Organization (WHO) has declared Covid- 19 or Coronavirus as a pandamic. All the sectors globally are te...
It was unwise for a Chief Justice of India, whose controversial tenure strengthened the perception that the Judiciary could not take on the Government on crucial issues, to have accepted the of...
The outbreak of Covid-19 has brought the world to its knees and the Indian judiciary is also facing its brunt. Courts are closing their doors and limiting their dockets. The Supreme Court respond...
Corona Virus (COVID 19) has engulfed the World into an unprecedented crisis forcing most of the countries to enforce lockdown which appears to be the only option to control and contain spread of ...
During the period of lockdown, Courts in India are still functioning, albeit limitedly. The Hon'ble Apex Court and High Courts in various states are hearing matters involving extreme urgency thro...
In India from the very old period itself Justice was followed and it was even considered to be the very embodiment of God itself where its sole mission was to uphold justice, truth and righteousn...
Coronavirus Disease (COVID19) finds its origin in the Wuhan, Hubei Province in China in December 2019. The COVID19 infection is spread mainly from one person to the other, often during sneezing a...
Appellant: Dr Subhash Kashinath Mahajan Respondent: The State of Maharashtra Background: The case is landmark due to the fact because it laid down as to how Schedule tribes (Prevention of Atroci...
While sentencing a man accused of killing two persons in a celebratory firing to ten years rigorous imprisonment, the Supreme Court expressed its concerns about the rising incidents of celebrat...
India is a unique country which is experiencing rapid advancements but also is known for its diversity. It has so strong influence that people, including the leaders, get themselves trapped in re...
Ahead of the violent protest against Citizenship Amendment Act (CAA) on Dec 20, The family of the IAS-aspirant named Suleiman, 20, who was allegedly killed in police firing during the concerned p...
The Ayodhya Verdict-Are Findings Recorded By The Constitutional Bench of The Supreme Court In Civil Case Binding on Pending Criminal Case? The final Judgement in the Ram Janmabhoomi-Babri Masjid d...
A trademark is created when a new meaning is added to the existing word or when a new word is invented in order to establish the source of a product, so as to avoid consumer confusion in the mark...
Office Of Chief Justice Of India Is a Public Authority Under the Right To Information Act, 2005; holds Constitution Bench The adage, sunlight is the best disinfectant is often used to delineat...
The five-judge bench of the Supreme Court on Thursday, with a 3:2 majority, referred Kerala's Sabarimala Temple Case to a larger bench of seven judges. The bench did not put any stay o...
As per the Top Court has cleared decks for temple in Ayodhya, the Ram Janambhoomi Nyas along with the help from VHP will like to start its construction at the earliest. Though, the VHP has toyed ...
The railway police on Nov 7 issued a seven-page advisory to all its zones giving them a slew of instructions on security preparedness ahead of the Top Court verdict on the Ram Janmabhoomi-Babri M...
This petition concerning the safety as well as the security of the Doctors in the Government hospitals was filed by Advocate Alakh Alok Srivastava in regard of the incident which took place on Ju...
After the extermination of our then Prime Minister Mrs. Indira Gandhi by her Sikh bodyguards, there broke out a pogrom which directed the attention of the nation towards the response of some pe...
The 42nd Amendment of the Constitution of India enacted in 1976 gave our nation the status of a secular state. The Preamble to the Constitution asserted that India is a secular n...
IRAC method as a tool for legal analysis of a case stands for Issue, Rule, Application / Analysis, Conclusion. It is one way to structure legal analysis. An effective tool where it is...
Independence, impartiality and fearlessness of Judges are not the private rights of the Judges but citizen's rights. Ultimately judicial legitimacy/ power rests on people’s confidence in...
I am bewildered by the intensity of reactions that media and political agendas can extract from a person. Lately it is because of the Sabarimala temple issue. Our Supreme Court has given a verd...
What is meant by a special leave petition?Special leave petition (SLP) means that an individual takes special permission to be heard in appeal against any high court/tribunal verdict. Thus it is...
Consensus as 'Indian Vedic' sense consider all towards a common unity, without any split, birth place of 'Lord Rama' to be honoured, and Ayodhya is a 'Site' to establish Truth and Ancient Indian ...
Aadhaar scheme of Indian Government was designed in the year 2006 and introduced in our country in the year 2009 with the functioning of an Central Authority namely UIDAI ( Unique Identification ...
The Judiciary plays a very important role as a protector of the constitutional values that the founding fathers have given us. They try to undo the harm that is being done by the legislature an...
On Friday January 12, 2018, something unprecedented happened in India. Four Supreme Court judges, Justices Kurian Joseph, Ranjan Gogoi, J. Chelameswar, and Madan Lokur, revolted against Dipak M...