Can Independent, Non-Executive Directors Of A Company Be Arrayed As Accused In Proceedings Against Dishonor Of Cheque: Delhi HC Answers [Read Judgment]

In a recent judgment, the Delhi High Court has recapitulated the law with respect to liability of Independent, Non-executive directors of company in complaints filed under Section 138 of NI Act 1881, for dishonor of cheque. The order passed by Justice Anu Malhotra has reiterated as under: (1) That Independent Non-Executive Directors are not involved in day-to-day affairs of the...

Kerala vs Centre : Other Instances Of States Filing Suit In SC Against Central Laws

Kerala's suit is fifth instance of case under Art 131 against central legislation.

Acid Attacks : How Indian Laws Have Evolved To Deal With This Crime?

Acid attack is a brutal act of throwing acid (vitriol) or equally abrasive substance, which is a violent form of assault on a person with an intention to torture or disfigure or even to kill. Usually the offender throws acid at the victim's face inorder to disfigure the face by burning them and damaging the skin tissues. This inhuman and monstrous act will result in the permanent injury...

Explained : What Is Inner Line Permit (ILP)?

Recently when the Citizenship (Amendment) Act 2019 came out, it exempted the areas coming under Inner Line Permit (ILP) as well as tribal areas of Assam, Meghalaya and Tripura (as included in the sixth schedule).The sixth schedule of the Constitution of India provides for the administration of tribal areas in the states of Assam, Tripura, Meghalaya as well as Mizoram to safeguard the rights...

40 Supreme Court Civil Law Judgments Of 2019

1. Undivided Share In Joint Family Can Be Disposed By Will As Per Sec.30 Hindu Succession Act The undivided interest of a Hindu in a joint family property can be disposed of by Will as per Section 30 of the Hindu Succession Act 1956, held the Supreme Court while dismissing appeals from a partition suit. "Section 30 of the Act, permits the disposition by way of Will of a male Hindu in...

40 Important Kerala HC Judgments Of 2019

1. Death penalty awarded to man accused of rape and murder. The Kerala High Court commuted death sentence awarded to a man accused of rape and murder of a 15-year-old. The division bench comprising of Justices AM Shaffique and P Somarajan affirmed the conviction recorded by the trial court. The court said instead of death penalty, the punishment of life imprisonment would meet the...

What Is The CAA-NPR-NRC Link?[Explainer]

A bare reading of 2003 Citizenship Rules reveals that NPR lays the foundation for NRC.

25 Important SC Judgments On Criminal Law - 2019

Magistrate Can Invoke Power U/S 156(3) CrPC even at post-cognizance stage, SC says 43 Yr old precedent wrongly decidedVinubhai Haribhai Malaviya and others v The State of GujaratA three judge bench of the Supreme Court virtually overruled a 43 year old precedent and held that Magistrate can invoke power under section 156(3) of the Code of Criminal Procedure even at post-cognizance stage....

Good & Bad : 50 Important Supreme Court Judgments Of 2019

As the year 2019 draws to a close, here is a recap of the major judgments of Supreme Court in 2019 (in order of chronology).1. Alok Verma v Union of India : CBI Director's DivestmentThe case was relating to the legality of the overnight order passed by the Centre stripping Alok Verma of the powers of CBI Director. A three judges bench comprising the then CJI Gogoi, Justices S K Kaul and K...

[Explainer] Section 144 CrPC : What Are The Grounds To Impose Restrictions?

"Section 144 CrPC" - this provision is now very familiar to people, thanks to its widespread invocation by police forces across the country in order to contain the massive public protests against the recently passed Citizenship Amendment Act.The entire state of Uttar Pradesh with a population of 200 million was placed under Sec 144 curfew, as announced by UP DGP through Twitter. The Bengaluru...

[Explainer] Indian Citizenship : Modes Of Acquiring & Losing

Citizenship is a bundle of rights, which defines the relationship between an individual and the State. Enjoyment of some of the fundamental rights, and many of the statutory rights in India are dependent on having Indian citizenship.Citizenship by birth and descentCountries all over the world follow two concepts of citizenship :'jus soli' (right of soil) or birthright...

When Can Statutory Alternative Remedy Be Allowed To Be Bypassed For Invoking Writ Jurisdiction Under Article 226? SC Explains

The Supreme Court has observed that distinction between the lack of jurisdiction and the wrongful exercise of the available jurisdiction, by an administrative authority/tribunal or a court of law should be taken into account by High Courts, when its writ jurisdiction under Article 226 of the Constitution of India is sought to be invoked bypassing a statutory alternative remedy provided by...