Articles

Money Laundering : A Magistrate taking cognizance of an offence must provide an opportunity of hearing before taking cognizance

Supreme Court sets aside cognizance in Money Laundering case due to procedural non-compliance. Apex Court emphasized man...

Voluntary Euthanasia and Non Voluntary Euthanasia

The Supreme Court of India’s landmark judgment in Aruna Ramchandra Shanbaug v. Union of India (2011) offers a comprehens...

Money Laundering : When ED can not arrest and accused even need not apply for bail

Supreme Court of India in Tarsem Lal v. Directorate Of Enforcement ruled on procedure post-cognizance in money launderin...

Legislature Cannot Ignore Supreme Court Verdicts - A Constitutional Imperative

The Madras Bar Association judgment is a clarion call for the Legislature to respect Supreme Court verdicts and uphold c...

Even for a cognizable offense, an arrest is not mandatory : Understanding Satender Antil's case

Supreme Court simplified and redefined law of arrest and bail for Judicial Officers, Advocates and Police Officers in Sa...

Interplay of Amended or Repealed Provisions of Motor Vehicles Act In Context Of Stare Decisis/Repeal/Prohibition

To conclude, it would be fitting to re-call what Justice Frankfurter said in US v. International Boxing Club, "The Doctr...

FIR - A Saving Grace For Limitation Under The Motor Vehicles Amendment Act, 2019?

Therefore, an FIR filed in respect of an accident cannot be a saving grace, for limitation prescribed under Section 166(...

High Court And District Family Courts Giving Burial To Sacraments/Sanskara Of Marriage Institution In Hindus

It is, therefore, hoped that the High Courts and the District Family Courts should not resort to passing of decrees of...

The Narcotic Drugs And Psychotropic Substances Act (Current Situation And Suggestion)

• The last 27 years have seen rapid growth in the combat against drug dependence especially the areas of policy formulat...

Criminal Procedure (Identification) Act, 2022: Piercing Into The Fundamental Right Against Self-incrimination Enshrined Under Article 20(3)

National Crime Records Bureau is permitted under this statute to distribute and share personal data with any law enforce...

Reservation System In India : Derivatives And Rationality

The lowly place of women in India also goes back to the Manu smriti. This treatise legitimatised the denial of freedom, ...

Critical Overview of the New Industrial Relations Code

Another change introduced by the Code was in respect of strike. In the I.D. Act, there was no provision for giving notic...

Prohibiting Forced Religious Conversions - Precautions Required To Be Taken While Drafting Such Enactment

There cannot be any hidden agenda, political, economical or social, behind conversions. In the name of social service a ...

An Ode To Lawyering

After passing out, in early 1980s, from awesome campus of Mahindra College Patiala, on completion of my graduation in En...

Group Of Companies Doctrine : Nod Given By Supreme Court In Cox And King

One of the biggest advantages that the courts and tribunals all across the country shall derive from this landmark judgm...

Understanding Malicious Prosecution: A Legal Perspective

Malicious prosecution is a serious violation of the principles of justice and fairness. It undermines the integrity of t...

Extra Judicial Confession Must Be Of `Sterling Quality' - Supreme Court Of India

Thus, it is imperative that the extra-judicial confession should be of sterling quality to be considered as evidence to ...

In Defense of the Legislature

However, the question is what makes the higher judiciary, at times, make such sweeping or even intemperate remarks, when...

Life Imprisonment Must Be Abolished

It definitely deserves mentioning that the Law Commission in its 262nd report also rightly favoured abolition of death p...

Mesne Profit : Compensation On Account Of Unauthorized Holding

The landlord is entitled to reasonable compensation from the date of the eviction order i.e. the date when the tenant's ...

Penetrative Sexual Assault Against Child Below 12 Years Punishable As 'Aggravated Sexual Assault' : Supreme Court

In conclusion, I am just falling totally short of words to describe how most correctly, commendably and courageously the...

Every Human Being Has Right To Choose His Or Her Gender Identity : Rajasthan High Court

All told, this notable judgment by the Rajasthan High Court Bench at Jaipur makes it indubitably clear that every person...

Magistrate Cannot Impose Condition To Deposit Cash Security While Granting Default Bail : Kerala High Court

All said and done, what can definitely be derived from the fruitful elaboration as stated above is that the Kerala High ...

Court Not A Post Office Or Mouthpiece Of State/District Magistrate : Allahabad High Court

In a nutshell, we thus see that the Lucknow Bench of the Allahabad High Court has made it abundantly clear that the Cour...

Advocates Office Run From Residence Not Subject To Property Tax As Business Building : Delhi High Court

In conclusion, the Delhi High Court in this leading judgment has made it indubitably clear that advocates office run fro...

Non-Tribal Person's Right To Settle Down and Vote In Scheduled Areas Not Taken Away By 5th Schedule Of Constitution

In sum, we thus see that while taking a holistic view, the Apex Court has definitely made it indubitably clear that non-...

Maternity Leave Is A Fundamental Human Right; Its Denial Violate Articles 29 and 39 Of Constitution

All told, we thus see that the Himachal Pradesh High Court has made it indubitably clear that maternity leave is a funda...

The `Supreme' And The `Supremer'

Let us now examine the practical application of the new interpretation given to the language of Article 324(2). It is ea...

Suggestions Of SCBA President Must Be Now Considered Promptly And Most Seriously

Speaking strictly for myself, I very strongly feel that the post of Chief Justice of India must certainly have a minimum...

Critical Analysis Of Inheritance Rights And Impact Of Conversion

In addition to causing a gap in Indian society, religious violence has increased as a result of the conversions. This is...

Balancing Faith And Freedom: Navigating India's Anti-Conversion Of Religion Laws

The conversation around anti-conversion laws in India is complex and is deeply intersecting with the nation's commitment...

Using Criminal Prosecution To Extract Dues For Which A Civil Remedy Is Available Is Unacceptable

Finally and far most significantly, the Bench concludes by holding in para 16 that, "The present case is yet another ins...

Revisional Powers U/S 102 Juvenile Justice Act Vested With High Court, Cannot Be Exercised By Sessions Court/Children's Court

All told, we thus see that the Jammu and Kashmir and Ladakh High Court at Jammu has made it entirely clear that the revi...

100% Reservation For Women Is Unconstitutional