A PIL was filed by Devkinandan Thakur to identify minorities at the district level for granting benefits under Article 29 and 30 of the constitution. According to the petition filed, in 1993 The Govt. of India declared Muslims, Sikhs, Buddhists, Parsis and Jains as a minority at the national level which was irrational and contrary …
Challenging other Religions Minorities at National Level Read More »
The Single Bench of Justice Vibhu Bakhru, observed that the rendering of an arbitral award if delayed without a just cause, then in such a case the decision of arbitration could be challenged. It was held that unexplained delay is in conflict with the public policy of India and can be challenged under Section 34 …
Arbitration Award can be set aside for unexplained delay in rendering Award Read More »
Laws are like double-edged weapons where provisions are made to protect the rights of an individual the same provisions are misused to throttle the liberty of other individuals. There is no dearth of cases where fake or false allegations like threatens have not been levelled against the men for ulterior motives. While the number of …
In the case of ES Praveen Kumar v The State of Karnataka, The Karnataka High Court held that a police sub-inspector can investigate and file a charge sheet after due investigation. The Single Judge Bench of Justice K Natarajan held, “The Police Sub-Inspector or Inspector both are in charge of the PS, there is no …
Can a Police Sub-Inspector Investigates and File a charge Sheet in Criminal Case? Read More »
The Division Bench of Justice Ajay Rastogi and Justice Bela in the case of Munni Devi alias Nathi Devi (dead) & Ors. v Rajendra alias Lallu Lal (dead) & Ors., held that a Hindu widow when has exclusive legal possession of the HUF property, it shall be presumed that such property is her pre-existing right …
Can HUF Property be used for Widow’s Maintenance Read More »
In the case of Nimish S Agarwal v Smt Ruhi Agarwal, the father filed an appeal seeking custody of his child against the decision of the lower court, where he was denied visitation rights. The couple got married in the year 2007 and a child was born in 2012. Later, under Section 25 of the …
Parent’s Education & Income not the sole criteria to decide Child’s Custody Read More »
In the case of [Prabha Tyagi v Kamlesh Devi, CrA 511/2022], the Supreme Court decided that it is not mandatory for the Magistrate to consider a Domestic Incident Report filed by Protectiotion Officer before passing an order under the D V Act. It was observed by the Bench of Justices M R Shah and B …
Magistrate not bound to consider Domestic Report Read More »
Pornography or porn is portrayal of sexual subject matter for the purpose of sexual arousal. Watching porn in India privately is not a crime per se, The Supreme Court had also remarked that an adult can be denied his fundamental right to personal liberty, i.e. To watch porn in the private zone of his or …
The Supreme Court recently in the Case of [Dilip Hariramani v Bank of Baroda] held, that criminal liability for a cheque bounce case under Section 138 of the Negotiable Instrument Act can’t be decided over a person just because he is a partner in a firm that took a loan or because he was guarantor …
Partner cannot be liable for the Firm taking the Loan Read More »
A Bar Association is an association or a collective body of practicing lawyers. In India, some Bar associations are responsible for regulating the conduct of lawyers, while some other associations are organizations which are responsible to serve their members, in some cases both. In Section 17(4) of The Advocates Act, 1961 it is clearly mentioned …
Can an Advocate be a member of multiple Bar Assosiations? Read More »
