Understanding Delhi Urban Shelter Improvement Board Act, 2010 (Delhi Act 07 Of 2010)

The Delhi Urban Shelter Improvement Board (DUSIB) was established in July 2010 to improve the living conditions of slum and JJ (Jhuggi-Jhopri) dwellers in Delhi, the capital city of India. Governed by the DUSIB Act, the board has the authority to designate specific areas as slums based on the availability of civic services. Its responsibilities include organizing the resettlement...

Understanding E-Evidence Under Bhartiya Sakshya Adhiniyam 2023: Key Provisions And Implications

The three new criminal laws, the “Bhartiya Nyaya Sanhita,” the “Bhartiya Nagarik Suraksha Sanhita,” and the “Bhartiya Sakshya Adhiniyam,” have replaced the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act respectively, effective from 1 July 2024. The Bhartiya Sakshya Adhiniyam 2023 marks a significant shift in the legal landscape...

Explained | Scope Of Article 131 Of Indian Constitution As Interpreted By Supreme Court In West Bengal's Suit Against Centre

While upholding the maintainability of an original Suit filed by the State of West Bengal against the Union of India over the suo motu registration of cases by the CBI in respect of offences committed within the State without its consent, the Supreme Court made certain pertinent observations regarding Article 131 of the Constitution. Before moving further, it is important to note...

Supreme Court Explains Features Of Doctrine of Legitimate Expectation

Observing that the doctrine of legitimate expectation cannot be extended to the operation of a contract, the Supreme Court laid down the crucial features regarding the doctrine of legitimate expectation.The features are as follows: -"a. legitimate expectation must be based on a right as opposed to a mere hope, wish, or anticipation; b. legitimate expectation must arise either from an express...

The Change In Remand Law As Per The Bharatiya Nagarik Suraksha Sanhita, 2023.

Three new criminal laws have been passed by the Parliament to replace the existing Code of Criminal Procedure, 1973 (Cr.P.C.), the Indian Penal Code, 1860 (I.P.C.) and Indian Evidence Act, 1872 (I.E.A.). These new laws will come into force on 1 July 2024. However, even though the objective of the enactment of these laws were to create an empathy-driven legal framework, several provisions need...

Behind Bars & Ballots : How Laws Apply When Jailed Persons Win Elections?

“The ballot is more potent than the most powerful gun. Democracy facilitates a peaceful revolution at the hands of the common man if elections are held in a free and fair manner,” -Anoop Baranwal v. UOIIn the 18th Lok Sabha elections, the two Members of Parliament emerged victorious while being confined in the prison. Amritpal Singh from Punjab's Khadoor Sahib and Sheikh Abdul...

Mediation Made Simple

Mediation stands as a cornerstone of alternative dispute resolution, offering a pathway to resolve conflicts amicably and preserve relationships. This article explores the essence of mediation through a practical lens, using illustrative examples and legal insights to demystify its intricacies. Through the lens of hypothetical scenarios and other illustrations, this article depicts how mediation can transform conflicts into win-win solutions. Delving deeper, it dissects the core...

Trial Of Warrant Cases Explained By Justice V Ramkumar [Part-1]

TRIAL OF “WARRANT CASES” BY MAGISTRATES INSTITUTED ON A “POLICE REPORT” – Chapter XIX Cr.P.C.The relevant Sections are –238 - Compliance with Section 207 Cr.P.C.239 - When accused shall be discharged.240 - Framing of charge.241 - Conviction on “pleading guilty”. (No TRIAL)242 - Evidence for prosecution.243 - Evidence for defence.248 - Acquittal or conviction on...

Know The Law| Can There Be A Blanket Stay On Money Decree?

In cases where a money decree is being challenged, a common question that often arises is whether a blanket stay, in its execution, can be granted without requiring the judgment debtors (against whose favour the Court has decreed the suit) to deposit a part of the money decree. One such case happened recently where though the Court had decreed the suit in favour of the plaintiff;...

Trial Of Summons Cases Explained By Justice V Ramkumar [Part-II]

TRIAL OF “SUMMONS CASES” – Ch. XX Cr.P.C. - Let us now examine the procedure for trial of a summons case instituted on a “complaint”. TRIAL OF SUMMONS CASE INSTITUTED ON A COMPLAINTS.251: Substance of accusation to be stated - When in a summons-case the accused appears or is brought before the Magistrate, the particulars of the offence shall be stated to him, and he shall be...

Trial Of Summons Cases Explained By Justice V Ramkumar [Part-I]

TRIAL OF “SUMMONS CASES” – Ch. XX Cr.P.C. - It has already been seen that a “summons case” is one relating to an offence punishable with imprisonment for 2 years and below in view of Section 2 (w) read with Section 2 (x) Cr.P.C. A “summons case” can be instituted either on a “Police Report” or on a “complaint”. Let us first examine the procedure for trial of...

Explainer : Booth Capturing During Elections As 'Corrupt Practice' Under RP Act

As India entered the first phase of Lok Sabha Elections 2024 on April 19, there were reports about incidents of booth capturing and destruction of Electronic Voting Machines (EVMs) in certain places.In this backdrop, the offence of booth capturing, the penalties that it attracts and the observations made by courts on the subject assume significance. This article, accordingly, attempts to...