Know the Law
Principles For Issuing Writ Of Certiorari Under Article 226 : Supreme Court Summarises
In a recent legal development, the Supreme Court bench comprising Chief Justice of India DY Chandrachud and Justice J.B. Pardiwala summarised the cardinal principles governing the exercise of extraordinary jurisdiction under Article 226 of the Constitution, particularly concerning the issuance of a writ of certiorari.The judgment in this case Central Council for Research in Ayurvedic Sciences...
Whether “Recovery Evidence” By Itself Is Substantive Evidence
The answer to this question can be in the “negative” in the majority of cases and “positive” in certain limited category of cases. The celebrated Pulukuri Kottaya v. Emporer AIR 1947 PC 67 (Lord Wright, Lord Simonds, Lord Uthwatt and Sir John Beaumont), itself contains the answer to this question. Supposing the accused is having in his possession or is concealing in his room...
When Does An Order Become A Binding Precedent? Supreme Court Explains
The Supreme Court observed that its brief orders that are meant only for the purpose of closure of the controversy involved in a particular case and with a view to conclude the case, cannot act as a precedent for subsequent cases.The bench of Justices BV Nagarathna and PK Mishra made this observation while dealing with a contention raised in a batch of appeals that the judgment in Bangalore...
Essential Ingredients Of Section 504 and 506 Indian Penal Code : Supreme Court Explains
The Supreme Court recently held that for an offence of criminal intimidation to be made out under Section 506 (Punishment For Criminal Intimidation) of the Indian Penal Code,1860 it must be established that the accused had an intention to cause alarm to the complainant.A division bench of Justice B R Gavai and Justice J B Pardiwala observed:"A bare perusal of Section 506 of the IPC makes...
Supreme Court Summarises Principles On Adverse Possession
Supreme Court, in its recent decision of Government of Kerala & Anr. V. Joseph and Others discussed several principles concerning the adverse possession.At the outset the Court observed, “Possession must be open, clear, continuous, and hostile to the claim or possession of the other party; all three classic requirements must coexist- nec vi, i.e., adequate in continuity; nec clam,...
SEBI Introduces Alternate Dispute Resolution Amendment Regulations 2023
The Securities and Exchange Board of India (SEBI) issued a notification on July 3, 2023, introducing amendments to the Alternative Dispute Resolution Mechanism Regulations.These regulations may be called the Securities and Exchange Board of India (Alternative Dispute Resolution Mechanism) (Amendment) Regulations, 2023.Accordingly, respective amendments have been carried out in various...
Understanding The UP-Gangster Act: A Comprehensive Analysis
Recently in June 2023, Mukhtar Ansari, Ex-UP MLA, was awarded a life sentence in the 32-year-old Awadesh Narain murder case. A fine of Rs. 1 lakh has also been imposed upon him. The MP/MLA court in Varanasi announced the quantum of punishment. Last year, a special MP/MLA Court of Ghazipur convicted him under The Uttar Pradesh Gangsters and Anti-Social Activities (Prevention)...
When Can A Provision Be Held To Be Clarificatory With Retrospective Effect? Supreme Court Explains
The Supreme recently held that for a subsequent order/provision/amendment passed to be considered a clarification to the original provision, it must not expand or alter the scope of the original provision and that the original must be sufficiently vague or ambiguous so as to require such clarification.The Apex Court observed while it was well established that a clarification or an explanation...
Can Husband’s Right To Privacy Prevail Over Wife’s Right To Seek Evidence For Proving Her Allegations Of Adultery? Delhi High Court Answers
Can the husband's right to privacy be permitted to prevail over his wife's right to seek redressal under the provisions of the Hindu Marriage Act?The Delhi High Court today ruled that since Hindu Marriage Act specifically recognises adultery as a ground for divorce, it would not at all be in public interest that the court should on the ground of right to privacy, come to the aid of a married...
S 156(3) & 202 CrPC : Supreme Court Explains Differences Between Powers Of Magistrate At Pre-Cognizance & Post-Cognizance Stages
In a recent judgment(Kailash Vijayvargiya v. Rajlakshmi Chaudhuri and others), the Supreme Court bench comprising Justices MR Shah and Sanjiv Khanna explained the distinction between the power of a Magistrate to direct registration of an FIR and investigation at a pre-cognizance stage under Section 156(3) of the Criminal Procedure Code, 1973 (CrPC), and the proceedings under Chapter...
Rahul Gandhi’s Lok Sabha Disqualification: Legal Position On Suspension Of Conviction | Explainer
Congress leader Rahul Gandhi was recently disqualified from his position as a Member of Parliament after his conviction in a defamation case. He was disqualified in accordance with Article 102(1)(e) of the Indian Constitution read with Section 8 of the Representation of People Act, 1951.He has filed an appeal in Surat Sessions Court to challenge his conviction in the defamation case. While...