Articles
Battered Women Syndrome: When The Victim Becomes The Aggressor
"A new principle cannot be put into effect without bringing with it new mistakes. But we may, however, be convinced that the laws of life - to which belongs the law that suffering follows the misuse of freedom - will finally be able to bring everything within its right limits." ...
Preventive Detention In India
Preventive detention is the detention of a person on a mere reasonable apprehension of him doing an activity dangerous to public order and security. Here, the person is confined in custody without undergoing a trial. Section 149-153 of CrPC[1] deals with the Preventive actions of the Police. Section 151 says that the police officer may arrest a person to prevent the commission of a cognizable offence, without a warrant from the magistrate, if it appears to the officer that the...
Hindu Marriage Act: Jurisdiction, Domicile And Validity
There have been cases in the present and the past where women have been facing serious troubles mainly in Northern India after getting married to Non-Resident Indians (NRI). The groom would either dump the bride here in India after marriage or take her along for other reasons. The issue becomes all the more prominent when a dispute arises and no one knows which jurisdiction to approach and proving validity of the marriage becomes a daunting task. Hindu Marriage Act and its connotations...
Amendments To Chartered Accountants Act, 1949 – Hits And Misses
On 30.03.2022, the Lok Sabha passed the Chartered Accountants, the Cost and Works Accountants and the Company Secretaries (Amendment) Bill, 2022, which seeks to amend the Chartered Accountants Act, 1949, Cost and Works Accountants Act, 1959 and the Company Secretaries Act, 1980. As observed by the Standing Committee on Finance, in their 45th Report, factors including large pendency of disciplinary cases particularly with the Institute of Chartered Accountants of India, unreasonably high ...
Prof.Gupteswar Was Called Torteswar
It is rare for a teacher to be named after the subject he taught. Yet Professor Gupteswar used to be fondly addressed as Torteswar, indicating his authority on the Law of Torts taught in first year of law school. Gupteswar, who was formerly a professor of Andhra University, Principal of Pendekanti Law College, and a scholar of law, breathed his last fourteen days before his 92nd birthday. With his in-depth understanding in law of torts, Prof Gupteswar gained reputation as ...
Judge-Wise Statistics Of Reportable Judgments Of Supreme Court In March 2022
In March 2022, the Supreme Court delivered 69 Reportable Judgments. Interestingly, in this month, the Supreme Court also reported 2 Judgments, where a split verdict was delivered by the Bench, requiring the matter to be referred to the Chief Justice to be placed before an appropriate bench. One split verdict was delivered by a Bench comprising of Justice Indira Banerjee and Justice J.K Maheshwari on the issue of applicability of Section 155(2) of Cr.P.C. to an offence u/S. 23 of the POCSO...
Right To Life vis-à-vis Right To Smoke And Die
Smoker's interest in self-determination stands at odds with state's obligation to protect the life of each individual and provide them a healthy life. Two important questions are raised: first; do we have right to smoke as integral part of right to life and second; to what extent states are under obligation to protect the life of each individual and ensure them a healthy life and also access to healthcare. Indian government ordered all 1.3 billion people in the country to confine to...
Russian Suspension At The Human Rights Council: Band-Aid On A Bullet Wound?
In witness to the killing of civilians in Bucha (Ukraine), the UN General Assembly on Thursday suspended the membership of the Russian Federation from the Human Rights Council (HRC). This resolution stemmed from a proposal moved by the US calling for the resumption of the emergency special session on Ukraine. Passed by a two-thirds majority of those present & voting, 24 states voted against the suspension while as many as 58 abstained. This three-way split in voting also underscores...
Two Parallel Criminal Proceedings From Same Set Of Facts?
It is trite law that the same set of facts may lead to simultaneous civil and criminal proceedings[1]. However, another question to determine is if the same set of facts may lead to two parallel criminal proceedings? We attempt to unravel this peculiar question through this article as Sections 435 and 436 of the Companies Act, 2013 empowers the Special Court to try offences under the Act of 2013. However, is it that the proceedings under Sections 435 and 436 of the Companies Act, 2013 run...
The Online War Between Ukraine And Russia
Cyber weapons are a low cost but an effective tool for modern day operations. Since the growth of information and communication technologies in the late 1990s-early 2000s, they have been used in several situations. In 2007, Russia used low tech cyber weapons against Estonia for wanting to shift a soldier memorial outskirts of Estonia Since 2014 when Russia annexed Crimea, there have been reports of Russians using cyber-weapons against Ukraine. It has been reported that Russian state...
The Extent Of The Power Of A Magistrate To Grant Bail In A Non-Bailable Offence Triable By A Court Of Session/ Special Court
C O N T E N T S I N N E R T I T L E S Page No: The prefatory facts 1 What is a "non-bailable offence" ? 3 "Non-bailable offence" does not mean that bail cannot be granted at all. 4 Even an SHO can grant bail in respect of "non-bailable" ...