Latest Legal News

Further Investigation under Section 156(3) of CrPC

The Supreme Court in a recent judgment has clarified that a Magistrate has power under Section 156(3) of Code of Criminal Procedure to give directions for further investigation in a criminal case even after it has taken cognizance and issued a summons in the matter based on the police charge sheet. The legal issue which was framed under the case was - Whether, after a charge-sheet is filed by the police, the Magistrate has the power to order further investigation, and if so, up to what stage of a criminal proceeding? The Court stated that there is no legal explanation given...

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Uniform Format for ascertaining Maintenance

The Supreme Court in a recent case sought the Central Government’s response on the filing of a PIL for having a fixed manner to ascertain the maintenance to be given by the husband.  Section 125 of the Code of Criminal Procedure describes the order for the maintenance of the wives, children, and parents. Maintenance is an important aspect in the cases of divorce. It becomes complicated to ascertain it as every case has different facts and issues; therefore it becomes very difficult to calculate the amount of maintenance. The maintenance is not granted to the wife who is able to maintain herself...

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Supreme Court Weekly Round-Up

Some of the decisions given by the Supreme Court in the last week are: Article 14 Does Not Forbid Reasonable Classification for the Purposes of Legislation [Rajasthan State Road Transport Corporation V. Danish Khan] SC observed that Article 14 of the Constitution of India forbids class legislation, not reasonable classification. The Supreme Court upheld a compassionate appointment regulation of Rajasthan State Road Transport Corporation which barred dependents of deceased employees from claiming compassionate appointments in case of death of an employee while travelling in the vehicle of the Corporation. Specific Relief- Mere Extension Of Time For Deposit Will Not Absolve...

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High Courts Weekly Round-Up

The few important decisions taken by different High Courts are: Delhi High Court Former Union Finance Minister P Chidambaram and his son Karti Chidambaram in the appeal filed by Enforcement Directorate against the pre-arrest bail granted to both in the Aircel Maxis case. Gave relief to an employee of a Fertilizer PSU who was required to pay three months' salary in lieu of notice period. High Court while upholding the acquittal of a man accused of raping a woman on the pretext of promise to marry. Justice Vibhu Bakhru observed that continuing with an intimate relationship, which also involves engaging in...

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Relief to Doctors who were denied admission in PG Courses

Delhi High Court has granted relief to two doctors who were denied admissions by NBE on the account of not producing the original copy of their MBBS degree at the time of counseling. There were two Petitioners in this case. One received her MBBS degree within the cut-off period while the other got after the cut- off date. One of the aggrieved petitioners contended that according to a point no. 9 at page no. 19 read with proviso of the Handbook, petitioner could have presented the original MBBS degree certificate even at the time of joining the allotted...

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Breach of promise to marry not amounts to Rape

In a recent judgment, the Delhi High Court has held that if two have adults have had acts of consensual sex, then this cannot be said that they were induced by the promise to marry merely on the assertion that the other person had expressed their intention to get married. In these types of cases mostly the men get trapped. It gives the false inducement of the other party, especially the men in these types of case, stating that he has committed the offence of rape under Section 375 of Indian Penal Code, 1860. The brief facts of the case are: After some...

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Returning of the plaint under O7R10

A Bench of Justices Deepak Gupta and Aniruddha Bose has referred the matter to the Larger Bench of the Supreme Court. The question that will be answered by the larger bench will be that if any plaint is returned under Order VII Rule 10 and 10A of Code of Civil Procedure, 1908, then the Court to where it is newly filed should try the suit from the beginning or from the stage where the plaint was ordered to be returned. As there are contradicting views of the Supreme Court judgments on this issue, therefore the larger bench will now look upon...

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A person can be charged under MV and IPC concurrently

The Supreme Court has recently set aside the judgment of the Gauhati High Court which held that a person can only be prosecuted under the Motor Vehicles Act, 1988 for the offences like rash driving, over speeding etc and not under the Indian Penal Code, 1860. The Supreme Court has held that the Motor Vehicles Act and the Indian Penal Code operate in their independent spheres and a person can be prosecuted under both the statutes for an offence relating to road and traffic safety. The Bench stated that though the Motor Vehicles Act is a complete code in...

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NO FUTHER FELLING OF TREES IN AAREY

The Supreme Court recently ordered to put a stay order on the current situation of cutting of trees in aarey forest. The order was passed by a Bench of Justices Arun Mishra and Ashok Bhushan in a letter petition. The Court also ordered that the activists and protesters who were arrested should also be released after furnishing a personal bond. Around 1500 trees were cut by the Municipal Corporation after the Bombay High Court dismissed the pleas challenging the removal of trees. In view of this, the student delegation writes a letter to the Chief Justice of India, Ranjan Gogoi to look...

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Exercise of Article 142 and Section 433 of CrPC

In a recent judgment delivered by the Supreme Court, the Court held that Article 142 of the Indian Constitution cannot be invoked in an order to pass the order that will be totally contrary to law. In this case, a sample of milk as collected from the accused by the Food Inspector and upon inspection; it was found that the proportion of Milk Solid Non-fat (MSNF) in the sample was 7.7% as against the prescribed standard of 8.5%. However, the contentions were raised that there was only a marginal difference between the sample and the prescribed standard. Another contention that was...

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