What Is Article 131 Of Constitution? [Explainer]

Article 131 of the Constitution, a rarely used provision, was in the news last week with two unusual suits filed by the Governments of Kerala and Chhattisgarh, challenging two central legislations.The State of Kerala challenged the Citizens Amendment Act (CAA) by invoking the Original jurisdiction mentioned under Article 131 of the Constitution. The State of Chhattisgarh filed a suit the...

Explained - Mercy Petition, Presidential Pardon & Judicial Review

Few days ago, two of the death row convicts in the Nirbhaya case submitted mercy petition before the President of India.After the dismissal of their curative pleas by the SC, this is the last remedy available to them to avoid the gallows. In this backdrop, let us analyze the legal framework of mercy power.Provisions under Indian LawIt may be noted that Article 72 of the...

Amendment Of Pleadings After Commencement Of Trial: SC Explains [Read Order]

The Supreme Court has observed that the amendment of pleadings at the stage of evidence can be allowed only if the Court is satisfied that in spite of due diligence, the party could not introduce amendment before commencement of the trial. In a partition suit, the evidence had already begun and at that stage, the plaintiff filed application seeking amendment of plaint. The contention taken...

Explained-What Is Curative Petition?

Curative petition is the last constitutional remedy available to a person whose review petition has been dismissed by the Supreme Court.Though the Constitution explicitly speaks about the review power of the Supreme Court under Article 137, it is silent about 'curative power'. The curative petition was given shape and form in the case of Rupa Ashok Hurra v. Ashok Hurra & Anr.,where the...

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....