Legal Articles Offence Of Rape Not Waived: Delhi HC Refuses To Quash FIR Against Government Servant Following Settlement And Marriage With Victim January 14, 2022 by Sanjeev Sirohi | Leave a Comment While displaying zero tolerance for heinous offences like rape, the Delhi High Court as recently as on January 3, 2021 in a commendable, cogent, composed and convincing judgment titled Swatantra Kumar Jayaswal vs State & Anr. in W.P.(CRL.) 1904/2021 has refused to quash an FIR against a government servant containing allegations of rape. It has […] Read more »
Legal Articles S. 482 CrPC Plea Maintainable To Quash Proceedings Which Are Ex Facie Bad For Want Of Sanction: Allahabad HC January 14, 2022 by Sanjeev Sirohi | Leave a Comment While dispelling all misgivings and question marks raise over whether Section 482 CrPC plea is maintainable or not to quash proceedings which are ex facie bad for want of sanction, the Allahabad High Court has in a learned, laudable, landmark and latest judgment titled Mahendra Pal Singh Lekhpal And Another v. State of U.P. […] Read more » Allahabad HC
Legal Articles All Is Not Well In The Supreme Court And Its Registry January 8, 2022 by Sanjeev Sirohi | Leave a Comment It is entirely unquestionable that Supreme Court is the highest court of the land in India as is in the case of any other country. No doubt, the Supreme Court also called Apex Court is termed by many as “final but yet not infallible”. It is also […] Read more »
Legal Articles Strictest Punishment For Life Is A Must For Marital Rape January 8, 2022 by Sanjeev Sirohi | Leave a Comment Without mincing any words and coming straight to the heart of the matter, let me say this from the bottom of my heart that I fully support the burgeoning demand for making marital rape an offence. A rape is a rape. […] Read more » Strictest Punishment for marital rape
Legal Articles Actus non facit reum nisi mens sit rea January 5, 2022 / January 5, 2022 by Lavanya Goinka | Leave a Comment – An article by Lavanya Goinka and Siddharth Sharma The Latin phrase ‘actus non facit reum nisi mens sit rea’ loosely translates to “an act does not constitute a man guilty of a crime unless his mind is equally culpable.” This means that proving criminal culpability requires not only the presence of the actus reus […] Read more »
Legal Articles M/S Topcem India v. Union of India & Ors 2021 : Case study January 5, 2022 / January 5, 2022 by Lavanya Goinka | Leave a Comment – An article by Lavanya Goinka, Arnav Raj and Siddharth Sharma This article examines whether a subsequent change in the law will have an impact on the parties’ position. The Guwahati High Court answered this question in the landmark case of M/s Topcem India v. Union of India & Ors (2021). The lawsuit concerned the […] Read more »
Legal Articles Bombay HC Asks Govt To Consider Making Section 498A A Compoundable Offence January 5, 2022 / January 5, 2022 by Sanjeev Sirohi | Leave a Comment We all saw how just recently on December 21, 2021, the Bombay High Court in a learned, laudable, landmark and latest judgment titled Siddhivinayak Umesh Vindhe Vs The State of Maharashtra & Anr. […] Read more »
Legal Articles If Bail Order Lacks Reasons, Prosecution Or Informant Can Challenge It Before Higher Forum: SC January 5, 2022 / January 5, 2022 by Sanjeev Sirohi | Leave a Comment While according the top priority to transparency, probity and logic, the Apex Court in a learned, laudable, landmark and latest judgment titled Brijmani Devi vs Pappu Kumar & Anr. in Criminal Appeal No. of 2021 (Arising out of SLP (Crl.) No. 6335 of 2021) with Criminal Appeal No. of 2021 (Arising out of SLP […] Read more »
Legal Articles Section 5 Limitation Act Cannot Be Invoked To Condone Delay Beyond Period Prescribed Under Section 34(3) Of Arbitration Act: SC January 5, 2022 by Sanjeev Sirohi | Leave a Comment While drawing the red lines most clearly, the Apex Court has as recently as on December 16, 2021 in a learned, laudable, landmark and latest judgment titled Mahindra and Mahindra Financial Services Ltd vs Maheshbhai Tinabhai Rathod & Ors in Civil Appeal No. 11477 of 2014 with Civil Appeal No. 11478 of 2014 in […] Read more » SC
Legal Articles Casual Reference Of Family Members Of Husband In FIR Not Enough To Prosecute: SC January 4, 2022 by Sanjeev Sirohi | Leave a Comment While overturning the Allahabad High Court’s judgment, the Supreme Court in a recent, refreshing, robust and rational judgment titled Mirza Iqbal @ Golu & Anr. vs State of Uttar Pradesh & Anr. in Criminal Appeal No. 1628 of 2021 in exercise of its criminal appellate jurisdiction delivered just […] Read more » SC
