"Surrender Can Never Be Construed as Consensual Acts of Sexual Intercourse".: Kerala HC Upholds Conviction Of A Rape Accused [Read Judgment]

Only those sexual intercourse which are welcomed could be construed as not violative of the rights of the victim, and accepted as consensual.

Police Can't Register FIR For Offences Under Sections 172 To 188 IPC, Madras HC Quashes FIR Against Anti-CAA Protestor [Read Order]

The Madras High Court has quashed an FIR registered against a person accused of protesting in the public road against the implementation of the Citizenship Amendment Act,2019 without getting prior permission from the concerned authority. Shamsul Huda Bakavi was charged under Sections 143 and 188 of Indian Penal Code for protesting on a public road without permission. He moved the High...

Supreme Court Weekly Round Up

Week Commencing June 28 to July 5, 2020

Italian Marines-Enrica Lexie Case : Deciphering PCA Award In 'The Italian Republic v The Republic Of India'

Let us weigh in the gains and losses for India, as best as they can be discerned from the 'Extracts for Advance Publication' which has been released on July 2 by the Permanent Court of Arbitration in the case between Italy and India with respect to the Enrica Lexie case. Perhaps that will enable us to decide whether we should celebrate the Award or whether we should seriously ponder over the legal course of action to be taken, so as to secure our fishing folk from similar ignominies in the...

25 Important Decisions On Specific Performance Of Contract

Case 1: Plaintiff Seeking Temporary Injunction in Specific Performance Suit Has To Show Strong Prima Facie Case on Undisputed Facts: CASE DETAILS: TITLE: Ambalal Sarabhai Enterprise Ltd vs KS Infraspace LLP and another & Haryana Containers Ltd vs KS Infraspace LLP and another (Civil Appeals No 9346, 9347, 9348-49 of 2019). FACTS: The Court was hearing...

Reminiscing Justice Protik Prakash Banerjee

Life is uncertain, and death is the ultimate truth. We cannot ward off this truth even if it is before time. Justice Protik Prakash Banerjee is no more with us today, which we are finding difficult to accept, but that is the destiny, and we have to accept it.Calcutta Boy's School, Class XII, 1988Justice Banerjee was born on the 1st June of 1969, illuminating the house of Senior Advocate Mr. Mukul Prokash Banerjee and Advocate Mrs. Lekha Banerjee. He did his primary schooling at Calcutta...

[Full Video] Meaning Of 'Proved' Under Indian Evidence Act By BG Harindranath

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Torture Is Not Just Physical; If You Keep A Person Behind Bars For Minor Reasons, That's Also Torture : Justice Deepak Gupta

"Torture is just not physical torture. If you keep a person behind bars for minor reasons, that is also torture", said Justice Deepak Gupta, former Judge of the Supreme Court of India at a webinar organized by LiveLaw on the topic "Custodial Deaths: Need For An Anti-Torture Law". The webinar featured the presence of Justice Deepak Gupta, former Union Law Minister Dr. Ashwini Kumar...

Section 37 NDPS Act : Principles For Grant Of Bail For Offences Involving Commercial Quantities

It is a settled position of law that liberal approach in the matter related to the Narcotic Drugs and Psychotropic Substances is uncalled for (State of Kerala vs Rajesh, SC decision on 24.01.2020) and the Supreme Court in many Judgments had laid down broad parameters to be followed while considering the application for bail moved by the accused involved in offences under Narcotic...

[Breaking] ICAI Cancels CA Examination, Students Will Be Accommodated To November 2020 Examination Circle

The Institute of Chartered Accountants of India (ICAI) has decided to cancel the Chartered Accountancy examinations scheduled for July. ICAI has issued a press release stating that the exams would now be merged with November exams. IMPORTANT ANNOUNCEMENT FOR MAY 2020 EXAMINATIONSFor more details please visithttps://t.co/y9gAcm7L1oFor any queries pls email at...

[Full Video] Custodial Deaths : Need For An-Anti-Torture Law" Justice Deepak Gupta, Dr Ashwani Kumar, Sunetra Choudhary

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'Is There A Place For Fickle Minded Officers In Paramilitary Forces?': Delhi HC Asks Serviceman Seeking Withdrawal of Resignation

While issuing notice in a plea moved by an officer of the Central Reserve Police Force seeking withdrawal of his resignation, the Delhi High Court posed a question as to whether there is a place for fickle minded officers in the paramilitary forces. A division bench comprising Justice Rajiv Sahai Endlaw and Justice Asha Menon further observed that prima facie appears...