Legal Articles Biological Father’s Consent Not Required In Absence Of Challenge To Adoption Deed: Gujarat High Court June 20, 2022 / June 20, 2022 | Leave a Comment In a very significant development, we saw how as recently as on June 15, 2022, the Gujarat High Court in an extremely learned, laudable, landmark and latest judgment titled Chhayaben @ Hetalben Atulbhai Asodariya Vs The Registrar Of Birth And Death/Chief Officer in R/Special Civil Application No.15757 of 2021 has allowed a writ […] Read more » Altering Father’s Name In Birth Certificate Biological Father’s Consent Not Required In Absence Of Challenge To Adoption Deed
Legal Articles Consider Laying Down Protocol For Receiving Mortal Remains Of Soldiers Martyred In Line Of Duty: Allahabad HC To UP Government June 17, 2022 / June 17, 2022 | Leave a Comment (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not influence any witness. (iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted […] Read more » Consider Laying Down Protocol For Receiving Mortal Remains Of Soldiers Martyred In Line Of Duty
Legal Articles Summons U/S 160 CrPC Cannot Be Issued By Police Officer Without Registration Of FIR: Delhi HC June 17, 2022 / June 17, 2022 | Leave a Comment “Please note that, you, the below mentioned person/persons are hereby given second opportunity, in connection with the investigation of aforesaid application, to appear personally in the office of Dy. Captain, Police Cyber Crime, Phase-8, District S.A.S. Nagar, along with all your documents and witness(es) on 28-01-2022 at 10.30 AM, to enquire you regarding your involvement […] Read more » Delhi HC Summons U/S 160 CrPC Cannot Be Issued By Police Officer Without Registration Of FIR
Legal Articles Victim May Seek Enhancement Of Accused Sentence By Filing Revision Application: Bombay HC June 16, 2022 / June 16, 2022 | Leave a Comment In a very significant and inescapable development, we saw how the Bombay High Court has fully, firmly and finally held in an extremely learned, laudable, landmark and latest judgment titled Anand Singh vs The State of Maharashtra with connected matters in Criminal Appeal No. 467 of 2012 With Criminal Appeal No. 669 of 2015 […] Read more » Victim May Seek Enhancement Of Accused Sentence By Filing Revision Application
Legal Articles No Arrest During Two Months Cooling-Off Period After FIR Registration: Allahabad HC Issues Safeguards Against S. 498A Misuse June 16, 2022 / June 16, 2022 | Leave a Comment Quite glaringly, the Bench then minces no words to enunciate in para 8 that, “The story narrated in the FIR is not only abhorring, full of dirt, filth and venomous accusations where the informant fiercely abused her own husband and in-laws by using all the ways and means in the tone, tenor and texture in […] Read more » Allahabad HC Issues Safeguards Against S. 498A Misuse No Arrest During Two Months Cooling-Off Period After FIR Registration
Legal Articles Income, Age, Bigger Family Cannot Be Sole Criteria In Child Custody Matter : SC June 16, 2022 / June 16, 2022 | Leave a Comment Income and/or the age and/or the bigger family cannot be the sole criteria to tilt the balance in custody matters One should not doubt the capacity and/or ability of the paternal grandparents to take care of their grandson. Grand parents are more attached emotionally with the grandchildren. (Para 7.2). To start with, this brief, brilliant, […] Read more » Bigger Family Cannot Be Sole Criteria In Child Custody Matter
Legal Articles Summoning Of Accused A Serious Matter, Criminal Law Cannot Be Set Into Motion As A Matter Of Course: Delhi HC June 16, 2022 / June 16, 2022 | Leave a Comment “(i) Pass an order allowing present petition and quashing the summoning order dated 27.11.2013, qua the petitioner, issued in complaint case No. 149/1/12 by Ms Purva Sareen, Metropolitan Magistrate-01/south/ Saket Court, New Delhi…”” What next follows is that the Bench then points out in para 2 that, “The Petitioner is a practicing Advocate enrolled with […] Read more » Criminal Law Cannot Be Set Into Motion As A Matter Of Course Delhi HC
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
