Legal Articles Police Liable For His Death On Account Of Their Negligence: Orissa HC Directs State To Pay Rs 5 Lakh As Compensation To Parents Of Deceased February 2, 2021 by Sanjeev Sirohi | Leave a Comment In a well-written, well-reasoned, well-articulated and well-worded judgment titled Purna Chandra Mohapatra and Another vs State of Odisha & Others in Writ Petition (Civil) No. 13774 of 2005 that was delivered as recently as on January 27, 2021, the Orissa High Court has rightly directed that a sum of Rupees Five Lakhs be paid […] Read more » Custodial Death Division Bench of Chief Justice Dr S Muralidhar Police Liable For Death On Account Of Negligence Purna Chandra Mohapatra and Another vs State of Odisha & Others Writ Petition (Civil) No. 13774 of 2005
Legal Articles Extra-Ordinary Power Of Trial Court Under Section 319 CrPC Should Be Exercised Sparingly: SC January 31, 2021 by Sanjeev Sirohi | Leave a Comment In a welcome move, the Apex Court most recently on January 29, 2021 in a latest, learned, landmark and laudable judgment titled Ajay Kumar @ Bitu vs State of Uttarakhand [Criminal Appeal No. 88 of 2021] has reiterated clearly, cogently, convincingly and categorically that the power of a Trial Court under Section 319 of the […] Read more » Extra-Ordinary Power Of Trial Court Under Section 319 CrPC Section 319 CrPC Should Be Exercised Sparingly
Legal Articles Punishing An Adolescent Boy Who Enters Into A Relationship With A Minor Girl Was Never The Objective Of POCSO Act: Madras HC January 31, 2021 by Sanjeev Sirohi | Leave a Comment In a balanced, bold and brilliant judgment titled Vijayalakshmi & Anr. v. State & Anr. in Crl.O.P.No.232 of 2021 and Crl.M.P.No.109 of 2021 delivered on January 27, 2021, the Madras High Court minced no words to state unequivocally that, “Punishing an adolescent boy who enters into a relationship with a minor girl by treating […] Read more » Punishing An Adolescent Boy Who Enters Into A Relationship With A Minor Girl The Objective Of POCSO Act
Legal Articles Statutes Must Be interpreted In A Just, Reasonable And Sensible Manner: Supreme Court January 29, 2021 by Sanjeev Sirohi | Leave a Comment It has been most rightly held by the Apex Court in a latest, landmark, laudable and learned judgment titled Commercial Taxes Officer, Circle-B, Bharatpur vs M/s Bhagat Singh in Special Leave Petition (C) No. 15870/2020 delivered just recently on January 21, 2021 in exercise of its extraordinary appellate jurisdiction that a statute must be interpreted […] Read more »
Legal Articles Decriminalising Adultery Could Lead To Instability In Armed Forces: Centre To SC January 28, 2021 / January 28, 2021 by Sanjeev Sirohi | Leave a Comment To start with, the Centre has in a measured, commendable and calibrated move very rightly sought a clarification from the Supreme Court to the effect that the 2018 order decriminalizing adultery would apply only to civilians and not defence personnel because not prosecuting soldiers for adultery could cause “instability” in the armed force. Soldiers are […] Read more » Decriminalising Adultery
Legal Articles Sharing Citizens Health Data Without Their Informed Consent Infringes Right To Privacy Under Article 21: Karnataka HC In ‘Aarogya Setu’ Case January 27, 2021 by Sanjeev Sirohi | Leave a Comment It is in the fitness of things that the Karnataka High Court has most recently on January 25, 2021 in its interim order in the latest, landmark, learned and laudable judgment titled Anavir A Aravind vs Ministry of Home Affairs and others has restrained the Government of India and National Informatics Centre (NIC) from sharing […] Read more » Karnataka HC In ‘Aarogya Setu’ Case Right To Privacy Under Article 21 Sharing Citizens Health Data Without Their Informed Consent
Legal Articles Principle of Mutuality under Income Tax Act January 27, 2021 by Shivangi Dube | Leave a Comment Introduction No man can make a profit out of himself; this principle is named as the principle of mutuality, which is extended to a group of persons in respect of dealings among themselves. This principle basically offers a tax shelter to certain entities, as far as they form a mutual association with their income that […] Read more » Important tests of existence of mutuality Mutual organization and mutual concern Principle of mutuality and co-operative societies Principle of Mutuality under Income Tax Act Taxation of Transfer charge
Legal Articles An Open Invitation To Lawlessness On 72nd Republic Day January 27, 2021 by Sanjeev Sirohi | Leave a Comment It is beyond belief that a government led by PM Narendra Modi could have learnt nothing from the past most unfortunate Shaheen Bagh episodes and the subsequent riots that claimed many innocent lives! It is beyond belief that PM Modi could have again allowed farmers to occupy all key entry points to Delhi thus giving […] Read more » garb of farmers protest Prashant Bhushan and Dushyant Dave tractor rally on 72 republic day eve
Legal Articles High Court Exercising Bail Jurisdiction Cannot Pass Directions Which Will Have Direct Bearing Upon Trial: SC January 27, 2021 by Sanjeev Sirohi | Leave a Comment It is quite refreshing, rejuvenating and reasonable to see that the three Judge Bench of the Supreme Court in Prashant Dagajirao Patil vs. Vaibhav@Sonu Arun Pawar and anr. etc. in exercise of its criminal appellate jurisdiction in Criminal Appeal Nos. 55-56/2021 (@Special Leave Petition (Crl.) Nos. 5038-5039 of 2020) has explicitly, elegantly and effectively held that a High Court, while […] Read more » Bail Jurisdiction Cannot Pass Directions
Legal Articles Ramani Wiped 50 Years Of My Hard Work With One Stroke: MJ Akbar January 27, 2021 / November 16, 2023 by Sanjeev Sirohi | Leave a Comment Let me begin with a disclaimer: I have no affiliation with eminent and senior journalist MJ Akbar of any kind and I have never met him in person nor am I affiliated in any way with his political party BJP of which he is a member and earlier was Union Minister of State also for […] Read more » MJ Akbar