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Difference Lies In The Degree Of The Act: SC Explains Subtle Distinction Between Culpable Homicide U/s 304 IPC & Murder Under Section 300 IPC

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  For law students, lawyers, Judges as also those who having an active interest in law, it would be of considerable importance to go through the learned, laudable, landmark and latest judgment titled Mohd Rafiq @ Kallu Vs State of Madhya Pradesh in Criminal Appeal No. 856 of 2021 that was pronounced finally on September […]

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All Hindus Living In Kashmir Valley Cannot Claim Benefits Meant For Kashmiri Pandits: J & K & Ladakh HC

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  In a very significant development, the Jammu and Kashmir and Ladakh High Court has as recently as on September 14, 2021 in Rajeshwar Singh & Ors Vs Union of India & Ors in WP(C) No.245/2021 CM No.883/2021 has held that all Hindus residing in the Valley cannot be said to be a Kashmiri Pandit, […]

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Young Police Officer Lynched To Death By Mob Putting Humanity, Spirit Of Kashmiriyat To Shame: J&K& Ladakh HC

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  In a brief, brilliant, bold and balanced judgment titled Peerzada Mohammad Waseem Vs Union Teritory of J&K in CrlA(D) No.10/2021 that was reserved on 26.08.2021 and then finally pronounced on 02.09.2021, the Jammu and Kashmir and Ladakh High Court has denied bail to a man accused of lynching a Deputy SP of 3rd Battalion Security […]

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Judiciary Must Itself Also Always Speak Truth To Power

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  If there is one Judge on whom I have blind faith for his exemplary conduct throughout his brilliant career and who can never favour wrongly even his own son and who can speak out even against his own father also on issue which he feels strongly then it is none other than the Supreme […]

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Perjury A Heinous Crime, Complaints On It Shouldn’t Be Deferred’: Karnataka HC

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                         In a most significant observation, the Karnataka High Court has just recently on August 31, 2021 in a very learned, laudable, landmark and latest judgment titled Dr Praveen R and Dr Arpitha in Writ Petition No.19448 of 2015 (GM-FC) observed unequivocally that consideration of complaints […]

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Non-Communication Of Right To Make Representation Against Detention Order Violates Constitutional Right: MP HC

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           While fully, firmly and finally endorsing the Constitutional right to make representation against the detention order, the Indore Bench of Madhya Pradesh High Court has in a learned, latest, laudable and landmark judgment titled Lokendra Singh v/s The State of Madhya Pradesh & Others in Writ Petition No. 12166/2021 delivered […]

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Offence Of Extortion Not Made Out In Absence Of Delivery Of Property: Chhattisgarh HC

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  While clearing the air on when the case of extortion is made out, the Chhattisgarh High Court in a learned, laudable, landmark and latest judgment titled Shatrughan Singh Sahu v. State of Chhattisgarh & Ors. in WPCR No. 133 of 2017 that was reserved on July 27, 2021 and then finally pronounced on September […]

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Sentencing On The Same Day As Conviction Denies An Effective Hearing : MP HC Commutes Death Sentence To Life Imprisonment

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  In a well-articulated, well-researched, well-analysed, well-reasoned, well-written, well-substantiated and well-concluded judgment titled In Reference (Suo Motu) vs Yogesh Nath @ Jogesh Nath in Criminal Reference Case No. 05/2020 & Criminal Appeal No. 4965/2020 that was reserved on 26 August, 2021 and then finally pronounced on September 8, 2021, the Gwalior Bench of Madhya Pradesh […]

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Consent For Sexual Act Obtained By Making False Promise Of Reemployment Isn’t Free Consent: MP HC

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                                   In a big slap on the face of all such sexual predators who as employers stoop to such a low level that they obtain the consent for sexual act from a woman employee by making false promise of reemployment, the Gwalior Bench of Madhya Pradesh High Court in a learned, laudable, landmark and latest […]

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MP HC Upholds Death Sentence For Gang Rape Of Minor

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  It certainly merits no reiteration that for heinous offences like gang rape there has to be zero tolerance and those who dare to still indulge in it must be punished most strictly so that no one ever dares to ever even think of indulging in it! Our laws also must be amended suitably and […]

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Unacceptable In Modern Democratic Society: Kerala HC Directs Force To Treat Citizens With Respect

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  It is really remarkable, refreshing and rejuvenating to learn that the Kerala High Court has as recently as on September 3, 2021 in a learned, laudable, landmark and latest judgment titled Anil JS vs State of Kerala & Ors in WP (C) No. 11880 of 2021 observed that instances of allegations about the police […]

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Can’t Permit Accused To Engage Lawyer On Prosecutrix’s Behalf: MP HC Denies Bail To Man Whose Counsel Had Victim’s Vakalatnama

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  In a fine, fresh, favourable and fortunate development, the Gwalior Bench of Madhya Pradesh High Court has as recently as on August 10, 2021 in a learned, laudable, landmark and latest judgment titled Ramhet vs State of MP & Another in M.Cr.C. No. 39388/2021 while underscoring that the accused can’t be permitted to engage […]

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FIR Lodged By Wife After Knowing That Husband Is Going To Mary Another Lady : MP HC Discharges Man U/S 498A IPC

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  In all fairness, the Madhya Pradesh High Court has as recently as on August 18, 2021 in a learned, laudable, landmark and latest judgment titled Abhishek Pandey @ Ramji Pandey and others vs State of Madhya Pradesh and Others in Criminal Revision No. 521/2021 while observing that the wife lodged an FIR against her […]

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Simply Requesting Accused Not To Commit Rape Of Minor Instead Of Informing Police Amounts To Aid Under POCSO: MP HC

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  In a brief, brilliant, bold and balanced judgment titled Smt. Mamta Tiwari Vs State of MP and anr. in CR No. 2020/2021 that was delivered on 2 September, 2021 by a single Judge Bench comprising of Justice GS Ahluwalia of Gwalior Bench of Madhya Pradesh High Court, it was observed in no uncertain terms […]

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Presiding Deity Is Owner Of Land Attached To Temple, Not Pujari: SC Upholds MP Govt Circulars

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  It is quite significant that the Apex Court as recently as on September 6, 2021 in an extremely learned, laudable, landmark and latest judgment titled The State of Madhya Pradesh & Ors vs Pujari Utthan Avam Kalyan Samiti & Anr in Civil Appeal No. 4850 of 2021 (arising out of SLP (Civil) No. 33675 […]

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Dilution Of Constitutional Autonomy Of High Courts Would Threaten The Concept Of Judicial Federalism : Allahabad High Court

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  In a sharp, suave, sensible and significant observation,  the Allahabad High Court in a learned, latest, laudable and landmark judgment titled Hasae @ Hasana Wae and 11 others vs State of UP and Another in Application u/s 482 No. 16310 of 2020 and 14919 of 2020 delivered recently on August 5, 2021 has minced […]

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Indian Politics and Future of Bureaucracy

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  An abstract by Lavanya Goinka & Siddharth Sharma   The country’s civil service once heralded as the steel frame of independent India, is now a pale reflection of its golden past, when officers of high intellectual caliber, personal integrity, and the brio to deliver fair counsel ruled.   Following in the footsteps of the […]

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Seeking Criminal Trial’s Transfer At Drop Of Hat Not Recognized By Any Tenent Of Law: Allahabad High Court

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  While dismissing a transfer application moved under Section 407 of the Code of Criminal Procedure, the Allahabad High Court has as recently as on August 26, 2021 in a learned, latest, laudable and landmark judgment titled Pramod Kumar Tiwari @ Lota Tiwari vs State of UP & Anr. in Case :- U/S 407 CR.P.C. No. […]

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PC Act – Mere Recovery Of Tainted Money From Accused Without Proof Of Demand Not Sufficient To Convict: Bombay HC

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                       While taking a pragmatic approach, the Bombay High Court has as recently as on August 25, 2021 in a learned, laudable, latest and landmark judgment titled Sunil Hirasingh Rathod Vs State of Maharashtra in Criminal Appeal No. 1137 of 2018 along with Criminal Appeal […]

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Magistrate While Accepting Chargesheet Has To Invariably Issue Summons And Not Arrest Warrant: SC

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                                  While clearing the air on an important legal issue, the Apex Court has as recently as on September 2, 2021 in a learned, laudable, latest and landmark judgment titled Aman Preet Singh vs CBI Through Director in Criminal […]

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Cow Should Be Declared National Animal; Cow Protection Be Made Fundamental Rights Of Hindus: Allahabad HC

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  In a path breaking move, the Allahabad High Court has most recently on September 1, 2021 in a learned, laudable, latest and landmark judgment titled Javed v State of Uttar Pradesh minced just no words to observe that the cow should be declared the national animal and cow protection should be made a fundamental […]

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Deportation Of Illegal Migrants Is Of Paramount Importance, In National Interest: Patna HC Directs Govt To Sensitize People Of Bihar

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  Without mincing any words and without demonstrating any inhibition of any kind, the Patna High Court has as recently as on August 16, 2021 in a learned, laudable, latest and landmark judgment titled Marium Khatoon v. The State of Bihar through the Principal Secretary Home (Police), Patna, Bihar in Criminal Writ Jurisdiction Case No.390 […]

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Nothing Like ‘Criminal Kidney’: Kerala High Court Says Criminal Antecedents Of Donor Irrelevant For Organ Donation

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  In a magnanimous gesture, the Kerala High Court has as recently as on August 27, 2021 in a learned, laudable, landmark and latest judgment titled Radhakrishna Pillai v. District Level Authorization Committee for transplantation of Human Organs, Ernakulam) in WP(C) No. 16216 OF 2021 has spared no words to make it abundantly clear that criminal antecedents of […]

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‘Entitled To Right To Be Forgotten & Protection From Invasion Of Privacy’: Delhi HC Grants Interim Relief To Bengali Actress

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  While citing the right to be forgotten and entitlement to protection of privacy from invasion by strangers, the Delhi High Court in a learned, latest, laudable and landmark judgment titled X vs HTTPS://WWW.YOUTUBE.COM/WATCH?V=IQ6K5Z3ZYS0 & Ors. in CS(OS) 392/2021, I.As.10543/2021, 10544/2021, 10545/2021 & 10546/2021 that was delivered just recently on August 23, 2021 via video conferencing has […]

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