Dowry Death - No Conviction Under Section 304B IPC If Unnatural Death Is Not Established : Supreme Court

The Supreme Court has held that the offence of dowry death under Section 304B of the Indian Penal Code cannot be made out if the cause of death has not been established as unnatural.The Court also held that it has to be shown that the deceased wife was subjected to cruelty or harassment in connection with demand for dowry soon before her death.Holding that these factors were not established,...

Explainer : Doctrine Of Legitimate Expectation & Promissory Estoppel

Denial of legitimate expectation can be a circumstance leading to arbitrariness and violation of Article 14 of the Constitution.

Application Of Limitation Act To Resolution Process Under Insolvency & Bankruptcy Code

The liquidity in the Indian banking sector has seen a drastic plunge due to the threat of increasing non-performing assets ('NPAs'). The enactment of the Insolvency and Bankruptcy Code, 2016 ('IBC'/ 'Code') put a fresh lease of life for resolution of stressed assets. However, there has been some conflicting views in the manner in which the Limitation Act, 1963 ('LA') could be...

Arbitration : Court Reckoner October 2020

By way of the present column, an attempt is made to briefly review the salutary judgments pronounced by the Courts in the month of October 2020 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...

No Limitation Period For Divorced Wife To Claim Property Entrusted With Husband : Kerala High Court FB

A full bench of the Kerala High Court has held that even after the dissolution of the marriage, the husband will be deemed to hold in trust the properties entrusted with him by the wife before marriage in the form of dowry.This means that Section 10 of the Limitation Act 1963, which exempts the application of limitation period to suit against trusts and trustees, will continue to apply to...

To Invoke Section 17 Limitation Act, Existence & Discovery Of Fraud Have To Be Pleaded & Proved : Supreme Court

The Supreme Court has observed that to invoke Section 17 of the Limitation Act 1963, the plaintiff has to plead and prove two ingredients - the existence and discovery of fraud.Section 17 of the Limitation Act deals with the effect of fraud on the limitation period for instituting a suit. It says that when the suit is based on the fraud of the defendant, the period of limitation shall not...

Tracing The Formation Of The Insolvency And Bankruptcy Code 2016 And What Makes It A Game-Changer

Members of a company have the option of limiting their liabilities, hence it has always been one of the most preferred forms of conducting business. A company is a registered association having perpetual succession, a separate legal entity, common seal whose shares are transferable having limited liability. In order to comprehend the Insolvency and Bankruptcy Code 2016 effectively and...

The Essence Of 'Civil Litigation' – Part II

In the previous part, the author highlighted the position of 'Civil Lawyering' or 'Civil Litigation', and had stressed on the importance of some 'bedrock principles'. The first part touched upon the broad-stages of a civil suit, and concluded with an open-ended note which forms the subject-matter of this discussion. So, picking up from there, this piece is all about the manner in which a...

Arrest Under Criminal Law: Who, When, Why And How?

'In every arrest there is a custody, but not vice versa. Custody may amount to arrest, but not under all circumstances.'[1] The word 'arrest' is terrifying for a layperson, but for lawyers it is just a legal connotation of forcible restraint. 'Arrest' is not defined under CrPC or any other Act, but the dictionary meaning of arrest is: 'The taking or keeping of a person in...

Explainer: Why Supreme Court Held That Officers Designated U/s 53 NDPS Act Are 'Police Officers' ?

In an important judgment delivered on Thursday (29th October 2020), the Supreme Court (by 2:1 majority) has held that the officers who are invested with powers under section 53 of the NDPS Act are "police officers" within the meaning of section 25 of the Evidence Act, as a result of which any confessional statement made to them would be barred under the provisions of section 25 of the...

The Essence Of 'Civil Litigation'

The terms 'Civil Lawyering' or 'Civil Litigation' are more often than not, eclipsed by our monstrous Criminal Justice System, and the Trial. The ever fascinating and ever encompassing Law of Crimes, titillates almost everyone's minds alike (whether a layman, a student of Law, or a Lawyer!). The reality comes to such a point that our Civil Laws are viewed just as a matter of routine,...

[Discharge U/s 245 CrPC] There Is Difference Between An Unrebutted Case & Unrebutted Evidence: Allahabad HC [Read Order]

The Allahabad High Court has held that while deciding whether to discharge an accused person under Section 245 of CrPC, the Court must examine if there is a "prima facie case" made out against him. The High Court has clarified that the Court has to examine whether a "case", which, if unrebutted, would warrant a conviction is made out and not whether "evidence" if unrebutted, would...