Legal Articles Right To Claim Maintenance Under Domestic Violence Act & U/S 125 CrPC Not Mutually Exclusive: Delhi High Court June 16, 2022 / June 16, 2022 | Leave a Comment In a significant development, we saw how just recently on May 27, 2022, the Delhi High Court in an extremely laudable, learned, landmark and latest judgment titled Sh Jagmohan Kashyap v. Govt of NCT of Delhi & Anr in CRL.M.C. 2269/2020, CRL.M.A. 16125/2020 (for ad-interim exparte stay) has observed quite explicitly that the right to claim […] Read more » Delhi High Court Right To Claim Maintenance Under Domestic Violence Act & U/S 125 CrPC Not Mutually Exclusive
Legal Articles Re-Examination Can’t Be Used To Give Chance To Witness To Undo Statement Made In Cross Examination & Fill Lacunae In Evidence: Delhi High Court June 15, 2022 / June 15, 2022 | Leave a Comment “The statement of Ms. Neha Dutta, DW-1 was completed on 02.05.2022. On that date she was fully cross examined. However, during the completion of the cross examination, Sh. Kuldeep Kumar, Advocate for the defendant had made a request that he be permitted to re-examine the witness. Since, it was already 4.25 PM, therefore, the question […] Read more » Re-Examination Can’t Be Used To Give Chance To Witness To Undo Statement
Legal Articles Taking Cognizance Is A Judicial Function, Orders Cannot Be Passed In A Mechanical Or Cryptic Manner: Delhi High Court June 15, 2022 / June 15, 2022 | Leave a Comment “ Counsel for the complainant undertakes to file vakalatnama during the course of the day. Heard. Record perused. Cognizance of offence taken. Accused be summoned through IO for 22.01.2019.”” Cognizance of offences by Magistrates.-1) Subject to the provisions of this Chapter, any Magistrate of the first class, and any Magistrate of the second class specially […] Read more » Orders Cannot Be Passed In A Mechanical Or Cryptic Manner Taking Cognizance Is A Judicial Function
Legal Articles Non-Supply Of Documents Relied Upon In Detention Order Affects Detenus’ Right Under Art.22(5): Kerala HC June 15, 2022 / June 15, 2022 | Leave a Comment Para 10. “To put, it in other words, the detaining authority has made its decision and passed its order. The detained person is then given an opportunity to urge his objections which in cases of preventive detention comes always at a later stage. The grounds may have been considered sufficient by the Government to pass […] Read more » Kerala HC Non-Supply Of Documents Relied Upon In Detention Order
Legal Articles NCLAT Upholds Imposition Of Rs 200 Crores Penalty On Amazon By CCI As “Fair And Sensible” June 15, 2022 / June 15, 2022 | Leave a Comment In a most significant development, we saw as recently as on June 13, 2022 that the National Company Law Appellate Tribunal (“NCLAT”), New Delhi Bench, comprising of Justice M Venugopal (Judicial Member) and Shri Ashok Kumar Mishra (Technical Member), while adjudicating […] Read more » Imposition Of Rs 200 Crores Penalty On Amazon By CCI
Legal Articles Long Cohabitation Between Man And Woman Raises Strong Presumption In Favour Of Their Marriage: SC June 15, 2022 / June 15, 2022 | Leave a Comment In a very significant development, we saw how none other than the Apex Court itself has in an extremely learned, laudable, landmark and latest judgment titled Kattukandi Edathil Krishnan vs Kattukandi Edathil Valsan in Civil Appeal No.(s) 6406-6407 of 2010 and cited in 2022 LiveLaw (SC) 549 and pronounced as recently as […] Read more » Long Cohabitation Between Man And Woman Raises Strong Presumption In Favour Of Their Marriage
Legal Articles Conviction Cannot Be Based Solely On The Testimony Of A Wholly Unreliable Witness: SC June 10, 2022 / June 10, 2022 | Leave a Comment Witnesses are of three types, viz., (a) wholly reliable; (b) wholly unreliable; and (c) neither wholly reliable nor wholly unreliable. When the witness is “wholly reliable”, the Court should not have any difficulty in as much as conviction or acquittal could be based on the testimony of such single witness. Equally, if the Court finds […] Read more » Conviction Cannot Be Based Solely On The Testimony Of A Wholly Unreliable Witness SC
Legal Articles Pressure On WB Police To Shield Certain Persons: Calcutta HC Orders CBI To Probe TMC Leader Tapan Dutta’s Murder June 10, 2022 / June 10, 2022 | Leave a Comment In a very significant development with far reaching consequences, the Calcutta High Court has in an extremely laudable, landmark, learned and latest judgment titled Protima Dutta v. The State of West Bengal & Ors in W.P.A. No. 12526 of 2012 with CAN 9 of 2021 and with CAN 10 of 2022 and […] Read more » CBI To Probe TMC Leader Tapan Dutta’s Murder TMC Leader Tapan Dutta’s Murder
Legal Articles Matrimonial Case Should Be Quashed If Husband-Wife Have Resolved Dispute Through Compromise Deed Duly Verified By Court: Allahabad HC June 10, 2022 / June 10, 2022 | Leave a Comment “Heard learned counsel for the applicants, Sri Jeetendra Kumar Sharma, learned counsel for the O.P. No. 2 as well as learned A.G.A. for the State and perused the record. Learned counsel for the applicants submits that the parties have entered into a compromise as a subject matter of the dispute was matrimonial. The terms and […] Read more » Allahabad HC Compromise Deed Duly Verified By Court Matrimonial Case Should Be Quashed If Husband-Wife Have Resolved Dispute Through Compromise
Legal Articles Quashing Of FIR In Matrimonial Disputes Is Welcome: Delhi HC Quashes Rape FIR Against Father In Law June 6, 2022 / June 6, 2022 | Leave a Comment “61. The position that emerges from the above discussion can be summarised thus : the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of […] Read more » Delhi HC Quashes Rape FIR Against Father In Law Quashing Of FIR In Matrrimonial Disputes Is Welcome
