Juvenile Justice Act, 2015 ; Section 9(2) –The proviso to Section 9(2) of the JJ Act, 2015 clearly enumerates that plea of juvenility may be raised before any Court and it shall be recognised at any stage, even after final disposal of the case – Guidelines laying down the standards for evaluating the claim of …
Rahul Kumar Yadav vs State Of Bihar 2024 INSC 359 – Juvenility Plea Read More »
Hindu Marriage Act, 1955; Section 5,7,8- Requisite ceremonies for the solemnisation of the Hindu marriage must be in accordance with the applicable customs or usage and where saptapadi has been adopted, the marriage becomes complete and binding when the seventh step is taken. Where a Hindu marriage is not performed in accordance with the applicable …
Dolly Rani vs Manish Kumar Chanchal 2024 INSC 355 – Hindu Marriage Act Read More »
Summary: NCDRC partly allowed the complaint of the Insured. The NCDRC awarded an amount of Rs.13,15,27,000/- with interest at 10% per 2 annum- Allowing appeal, SC set aside the NCDRC judgment and observed: the claim was rightly settled by the NIACL letter dated 03.01.2003 which determined the loss amount payable at Rs.7.88 crores after applying …
New India Assurance Company Ltd. vs Tata Steel Ltd. 2024 INSC 356 – Insurance Read More »
Constitution of India, 1950; Article 246 and Entry 91 of List I –The power to prescribe the rate of duty is mutually exclusive and has been clearly demarcated between the Parliament and the legislatures of the stat- Only the Parliament holds the exclusive power and the legislative competence under the Constitution to prescribe the rate …
Code Of Criminal Procedure, 1973; Section 482- At the time of examining the prayer for quashing of the criminal proceedings, the court exercising extra-ordinary jurisdiction can neither undertake to conduct a mini trial nor enter into appreciation of evidence of a particular case. The correctness or otherwise of the allegations made in the complaint cannot …
Priyanka Jaiswal vs State Of Jharkhand 2024 INSC 357 – S 498A IPC – S 482 CrPC Read More »
Code Of Civil Procedure, 1908; Order XXII Rule 5 -Proviso to Rule 5 does not say that the Appellate Court can direct the subordinate court to decide the question as to who would be the legal representative, it only provides that the Appellate Court can direct the subordinate court to try the question and return …
Central Excise Tariff Act, 1985 ; Note 3 to Chapter 18 – Note 3, post amendment, as it exists today contemplates three different processes; if either of the three processes are satisfied, the same would amount to manufacture. The three processes are: (i) labelling or re-labelling of containers; or (ii) repacking from bulk packs to …
Practice and Procedure -“Minutes of Order”- a) The practice of filing “Minutes of Order” prevails in the Bombay High Court. As a courtesy to the Court, the advocates appearing for the parties to the proceedings tender “Minutes of Order” containing what could be recorded by the Court in its order. The object is to assist …
NDPS Act, 1986; Section 67- Confession of the accused recorded under Section 67 of the NDPS Act cannot be admitted in evidence as a confession- Referred to Tofan Singh v. State of Tamil Nadu (2021) 4 SCC 1
Summary: Concurrent murder conviction set aside by allowing criminal appeal