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 by Sanjeev Sirohi | 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 by Sanjeev Sirohi | 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 by Sanjeev Sirohi | 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 by Sanjeev Sirohi | 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 by Sanjeev Sirohi | 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 by Sanjeev Sirohi | 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 by Sanjeev Sirohi | 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 Vernacular Press Act June 10, 2022 / June 10, 2022 by Lavanya Goinka | Leave a Comment An article by Lavanya Goinka Even though there were no current printing styles or concepts in ancient times, media communication continued. The Mughal Empire was the first to develop the written form of newspapers (the Mughals appointed akhbar nawis, or news writers) whose job it was to collect global news over a period of time […] Read more » Vernacular Press Act
Legal Articles Universal Declaration of Human Rights (UDHR) June 10, 2022 / June 10, 2022 by Lavanya Goinka | Leave a Comment -An article by Lavanya Goinka “All human rights for all” and “the world is one family” are two concepts that rely on a broader understanding of human rights to provide human dignity for every individual in the global community.Since the rudimentary form of human society was established, the topic of fundamental human rights has been […] Read more » Classification of human rights The Universal Declaration of Human Rights' legality UDHR Universal Declaration of Human Rights What are human rights
Legal Articles Conviction Cannot Be Based Solely On The Testimony Of A Wholly Unreliable Witness: SC June 10, 2022 / June 10, 2022 by Sanjeev Sirohi | 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
