Stridhan -Wife or woman being the sole authority in respect of ‘stridhan’ – A husband has no right, and it has to then be necessarily concluded that a father too, has no right when the daughter is alive, well, and entirely capable of making decisions such as pursuing the cause of the recovery of her …
Code Of Criminal Procedure,1973; Section 439- Courts while granting bail are required to consider relevant factors such as nature of the accusation, role ascribed to the accused concerned, possibilities/chances of tampering with the evidence and/or witnesses, antecedents, flight risk et al. (Para 19) -. In cases where the allegations coupled with the materials brought on …
Manik Madhukar Sarve vs Vitthal Damuji Meher 2024 INSC 636 – S 439 CrPC – Bail Read More »
PMLA 2002; Section 50– When a person is in judicial custody/custody in another case investigated by the same Investigating Agency, whether the statements recordeed for a new case in which his arrest is not yet shown, and which are claimed to contain incriminating material against the maker, would be admissible under Section 50? When an …
Prem Prakash vs Union Of India 2024 INSC 637- Ss 45, 50 PMLA – Bail Read More »
Delhi Education Rules ; Rule 46-No recognised school or an existing class in the school, except an unaided minority school, shall be closed without offering full justification and without the prior approval of the Director. (Para 18)
Constitution of India,1950; Article 341,342- Any inclusion or exclusion in or from the list of Scheduled Castes can only be made through an Act of Parliament under Articles 341 and 342 of the Constitution of India. As a corollary thereto, neither the State Government nor the Courts have the authority to modify the list of …
Indian Penal Code,1860; Section 307 – A conviction under Section 307 of the IPC may be justified only if the accused in question possessed intent coupled with some overt act in aid of its execution. Ascertaining the intention to kill or having the knowledge that death may be caused as a result of the overt …
PMLA 2002; Section 45(1)- In a given case the accused even if a woman may not be automatically entitled to benefit of the said proviso and it would all depend upon the facts and circumstances of each case- When a statute specifically provides a special treatment for a certain category of accused, while denying such …
Kalvakuntla Kavitha vs Directorate Of Enforcement 2024 INSC 632 – S 45 PMLA – Read More »
Electricity Act, 2003; Section 125 – The restrictive scope of appellate jurisdiction is a product not only of the statutory preconditions, but also a necessary measure to enable freedom to statutory regulator and Tribunal to develop sectorial laws through a principled and consistent approach- the requirement under Section 125 is not merely a ‘question of …
Finance Act, 1994 – Constitutionality of the Explanation added to Section 65 (19) (ii) of the Finance Act, 1994- The Explanation was omitted with effect from 01.07.2010. However, these cases pertain to the period prior to 01.07.2010- The mere insertion of an explanation cannot make an activity a taxable service when it is not covered …
K Arumugam vs Union Of India 2024 INSC 630 – Finance Act – Lottery Tickets Sale Read More »
Negotiable Instruments Act,1881; Section 138- SC Restored Trial Court judgment convicting the accused and observed: if the parties amongst themselves, agreed to a rate which is not in conformity with the Tamil Nadu Act, it was for the respondent to raise an objection or move the appropriate forum for getting the same corrected/taken care of, …
Sri Sujies Benefit Funds Limited vs M Jaganathuan 2024 INSC 602 – S 138 NI Act Read More »