Will Habeas Corpus Petition Lie Against Remand Order? Supreme Court Answers

The Supreme Court observed that a Habeas Corpus petition challenging a remand order can be entertained only if the remand is absolutely illegal or the remand is afflicted with the vice of lack of jurisdiction, of if it is passed in an absolutely mechanical manner.Barring such situations, a Habeas Corpus petition will not lie, the bench comprising Justices UU Lalit and KM Joseph observed. ...

Concept Of Repugnancy Under Article 254 : Supreme Court Explains

In its judgment declaring West Bengal Housing Industry Regulation Act, 2017( WBHIRA) unconstitutional, the Supreme Court explained the concept of repugnancy between a law enacted by the State legislature and Parliament.The bench comprising Justices DY Chandrachud and MR Shah held that WBHIRA is repugnant to the RERA, and hence unconstitutional.At the outset, the Court noted some of the...

Can A Person Who Lost Election Be Appointed As Chief Minister?

All India Trinamool Congress won the election to the legislature of West Bengal, while its leader Mamata Banerjee lost in Nandigram, where she contested. She is reportedly going to swear in as the Chief Minister of the state.Is there any legal or constitutional bar in a person who lost election becoming Chief Minister? This column attempts to discuss the law and precedents in this...

Is Your Private Vehicle A 'Public Place?' Law Has Different Answers

Law is not an exact science. Its shades change depending on the context, differ from statute to statute. Background circumstances, and the expediency of the situation often influence the application of law. So, one might find different, if not totally conflicting, answers in law to similar questions. Two recent judgments on the issue whether a private car is a public place are examples. While the Delhi High Court held last week that a private car amounts to a public place in order to...

Omissions; It's Proof And Significance In Criminal Trial

One of the statutory recognised methods in discrediting a witness is to contradict him with his previous / former statement. This is reflected in Section 155 (3) of the Indian Evidence Act which reads : "The credit of a witness may be impeached in the following ways by the adverse party, or with the consent of the Court, by the party who calls him: (1)…………… (2) ………… (3) by proof of former statements inconsistent with any part of his evidence which is liable to be...

Arbitration Court Reckoner : February 2021

By way of the present column, an attempt is made to briefly review the salutary judgments pronounced by the Courts in the month of February 2021 under the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the 'Act'). That while as many judgments as possible are sought to be reviewed, owing to the limited column space, some judgments would invariably be left out. That...

'Proclaimed Offender' Declaration Under Section 82(4) CrPC Cannot Be Made Against Person Accused Of Sections 406, 420 IPC : Delhi High Court

The Delhi High Court has held that a person accused of offences under Section 406(criminal breach of trust), 420(cheating) and 120B(criminal conspiracy) under the Indian Penal Code(IPC) cannot be declared as a 'proclaimed offender' under Section 82(4) of the Code of Criminal Procedure.The Court held that such a declaration can be made only against persons accused of the offences specified...

Important Judgments Of Justice Indu Malhotra

Justice Indu Malhotra, the first woman Judge to be elevated directly from the Bar and the seventh woman Judge to be appointed at the Supreme Court, is set to retire on March 13, 2021. Appointed as a Supreme Court Judge on April 27, 2018, Justice Malhotra also holds the distinction of being the second woman to ever be designated a Senior Advocate by the Supreme Court....

Aim Of Every Court Is To Discover The Truth: Supreme Court Explains Scope Of Section 311 CrPC

The Supreme court briefly explained the scope of Section 311 of the Code of Criminal Procedure in its two recent judgments.Section 311 deals with the power to summon material witness, or examine person present. Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as...

Arbitration Court Reckoner : January 2021

By way of the present column, an attempt is made to briefly review the salutary judgments pronounced by the Courts in the month of January 2021 under the Arbitration & Conciliation Act, 1996. That while as many judgments as possible are sought to be reviewed, owing to the limited column space, some judgments would invariably be left out. That also while an attempt is made to include...

Pre-Trial Stage - Step By Step

INTRODUCTION Under the criminal procedure, there are mainly 3 stages of criminal proceedings in India namely: The Pre-Trial Stage.The Trial Stage.The Post-Trial Stage. In order to understand the various stages of the Criminal Law Proceedings or Trial in India, it is important to understand what is Crime and Trial? Crime is a term which has evolved from the concept...

Explainer: Inter-State Arrest, Transit Remand & Right To Legal Representation

The concepts of 'transit remand' and 'norms for inter-state arrests' are being widely discussed in the wake of the arrest of 21-year old climate activist Disha Ravi by the Delhi Police from her Bengaluru resident in the 'toolkit' case.Many legal experts have questioned the Ravi's custody saying that it was not accompanied with a 'transit remand order' from Bengaluru and norms for...