Legal Articles Right Of Accused Should Not Become Illusory By Imposition Of Disproportionate Bail Conditions: SC October 9, 2020 by Sanjeev Sirohi | Leave a Comment It is good to see that the Apex Court as recently as on October 1, 2020 in a thought provoking judgment titled Parvez Noordin Lokhandwalla vs. State of Maharashtra in Criminal Appeal No. 648 of 2020 manifested its genuine, grave and generous concerns for accused also who is usually condemned very soon even before the […] Read more » Arun Fatehpuria Imposition Of Disproportionate Bail Conditions Justice Dr Dhananjaya Y Chandrachud Justice Indira Banerjee Kapurbavdi police station Parvez Noordin Lokhandwalla vs. State of Maharashtra in Criminal Appeal No. 648 of 2020 Right Of Accused
Legal Articles Delhi HC Discusses In Detail What Are The Significant Factors To Be Considered While Hearing An Application For Bail In POCSO Cases October 5, 2020 by Sanjeev Sirohi | Leave a Comment In a significant, superb, stimulating and suave judgment with far-reaching consequences rendered on September 22, 2020, the Delhi High Court in Dharmander Singh @ Saheb vs The State (Govt of NCT, Delhi) in Bail Appl. 1559/2020 has discussed in detail the legislative intent and applicability of ‘reverse burden’ under Section 29 of the Protection of […] Read more » Bail In POCSO Cases Delhi HC Delhi) in Bail Appl. 1559/2020 Dharmander Singh @ Saheb vs The State (Govt of NCT Justice Anup Jairam Bhambhani
Legal Articles Ban Impinging Upon The Right Of Free Communication Of Patients’: Calcutta HC October 4, 2020 by Sanjeev Sirohi | Leave a Comment It is quite relaxing, quite refreshing, quite rejuvenating and quite remarkable to note that the Calcutta High Court has just recently on 30 September, 2020 in Arjun Singh Vs. The State of West Bengal & Ors. in WPA 5374 of 2020 and 3 others in exercise of its Constitutional Writ jurisdiction on appellate side […] Read more » alcutta HC Asks State Government To Ease Out The Ban alcutta HC Asks State Government To Ease Out The Ban on mobile alcutta HC Asks State Government To Ease Out The Ban on mobile in hospitals Ban On Mobile In Hospitals Chief Justice Thottathil B Radhakrishnan
Legal Articles Absence Of Motive In A Case Depending On Circumstantial Evidence Is A Factor That Weighs In Favour Of The Accused: SC October 3, 2020 by Sanjeev Sirohi | Leave a Comment In a righteous, recent and remarkable decision titled Anwar Ali and another vs The State of Himachal Pradesh in Criminal Appeal No. 1121 of 2016 a three Judge of the Apex Court comprising of Justice MR Shah, Justice Ashok Bhushan and Justice R Subhash Reddy in exercise of its criminal appellate jurisdiction have reiterated very […] Read more » Absence Of Motive In A Case Absence Of Motive In A Case Depending On Circumstantial Evidence Anwar Ali and another vs The State of Himachal Pradesh in Criminal Appeal No. 1121 Circumstantial Evidence Is A Factor That Weighs In Favour Of The Accused
Legal Articles Length Of Sentence Or Gravity Of Original Crime Cannot Be Sole Basis For Refusing Premature Release: SC October 3, 2020 by Sanjeev Sirohi | Leave a Comment In a well-analysed, well-worded, well-framed, well-articulated and well-reasoned judgment titled Satish @ Sabbe vs. The State of Uttar Pradesh with Special Leave Petition (Crl.) No. 8326 of 2019 delivered as recently as on 30 September 2020, a three-Judge Bench of the Apex Court while directing the release of two convicts on probation have observed […] Read more » Gravity Of Original Crime Length Of Sentence Satish @ Sabbe vs. The State of Uttar Pradesh with Special Leave Petition Sole Basis For Refusing Premature Release
Legal Articles Mens Rea For Section 306 IPC Cannot Be Assumed To Be Ostensibly Present But Has To Be Visible And Conspicuous: SC Acquits Husband Accused Of Driving Wife To Suicide October 3, 2020 by Sanjeev Sirohi | Leave a Comment In a latest, landmark, laudable and learned judgment titled Gurcharan Singh vs The State of Punjab in Criminal Appeal No. 40 of 2011 delivered as recently as on October 1, 2020, the Supreme Court in exercise of its criminal appellate jurisdiction has explicitly, elegantly and effectively ruled that the ingredients of mens rea for abetment […] Read more » Husband Accused Of Driving Wife To Suicide Mens Rea For Section 306 IPC
Legal Articles Arbitration Procedure in India and Institutional Arbitration September 30, 2020 by Shivangi Dube | Leave a Comment By Shivangi Dubey Introduction The procedure of resolving dispute outside the Court is not new. Since a long time in India societies have been using non-judicial and indigenous methods to resolve conflicts. With the passage of time there is an extensive promotion and use of Alternative Dispute Resolution. Arbitration was in practices even before the […] Read more » Ad-Hoc Arbitration Advantages of Institutional Arbitration Arbitration Procedure in India and Institutional Arbitration Arbitration process Concept of Institutional arbitration Core function of ICA Detailed Rules of Arbitration Domestic arbitration institutions Essential features of institutional arbitration General Norms History of the Institution Indian Council of Arbitration [ICA] International and domestic institutions Issues that are arbitral in nature Meaning of Arbitration Institutions Place of Arbitration process of arbitration and thereby lends its supports to this system of Alternative Dispute Resolution. Amendment of 2019 Qualifications of arbitrators Special Norms Summary Rules of ICA
Legal Articles Rape – Misconception Of Fact About Promise To Marry Has To Be In Proximity Of Time To The Occurrence: SC September 30, 2020 by Sanjeev Sirohi | Leave a Comment In a well-reasoned, well-analysed and well worded judgment titled Maheshwar Tigga vs State of Jharkhand in Criminal Appeal No. 635 of 2020 (Arising out of SLP (Crl.) No. 393 of 2020) delivered just recently on September 28, 2020, a three Judge Bench of the Apex Court comprising of Justice RF Nariman, Justice Navin Sinha and […] Read more » Promise To Marry rape on Promise To Marry
Legal Articles Circumstances Not Put To An Accused Under Section 313 CrPC Cannot Be Used Against Him: SC September 30, 2020 by Sanjeev Sirohi | Leave a Comment It is most reassuring, most refreshing and most remarkable to note that as recently as on September 28, 2020, the Supreme Court in a latest, landmark and laudable judgment titled Maheshwar Tigga vs State of Jharkhand in Criminal Appeal No. 635 of 2020 (Arising out of SLP (Crl.) No. 393 of 2020) has made […] Read more » Accused Under Section 313 CrPC Criminal Appeal No. 635 d Maheshwar Tigga vs State of Jharkhand Justice Indira Banerjee Justice Navin Sinha Justice RF Nariman
Legal Articles Finally Three Farm Bills Accorded Final Assent By the President September 30, 2020 by Sanjeev Sirohi | Leave a Comment Opposition blocked roads, opposition blocked rails, opposition members screamed to the hilt in Parliament as never seen before, opposition MPs like learned Derek O’ Brien attempted to himself tear the Rule Book in Rajya Sabha, Deputy Chairman was physically threatened by some members, AAP MP Sanjay Singh physically assaulted a Rajya Sabha marshal and dragged […] Read more » Farm Bills Accorded By the President Farm Bills Accorded Final Assent By the President