Legally Speaking

Corrective rape: Obstacle to a new dawn

29 Jan 2022 07:46 AM IST

Societies generally go through a series of seismic cultural changes that force individuals to come to terms with their regressive attitudes and biases. One of these changes has been the gradual positive shift in acceptance for the LGBTQIA+ community. On the other hand, India has been frustratingly slow in being

High Court, while exercising revisional jurisdiction under Section 401 CRPC, cannot convert acquittal into conviction: SC

28 Jan 2022 07:47 AM IST

It is quite significant from all angles to note that the Apex Court has as recently as on January 25, 2022 in a brief, brilliant and balanced judgment titled Joseph Stephen vs Santhanasamy in 2022 LiveLaw (SC) 83 and in Criminal Appeal Nos. 90-93 of 2022 in exercise of its

FROM FANTASY TO REALITY: VIEWING AND SPREADING CHILD PORNOGRAPHY ON SOCIAL MEDIA TO MOLESTING CHILDREN, A DOUBLE-EDGED SWORD

27 Jan 2022 07:30 AM IST

The phenomenal growth in the accessibility of child pornography on social media has created a strange opportunity for individuals to have an anonymised, free of cost, and unrestrained approach to a virtually limitless range of lewd texts, pictures and animated gifs, and audio-visual materials. The online social media platforms are

A Kazi can act as mediator to settle disputes but cannot adjudicate them and pass orders like a decree: MP HC

26 Jan 2022 08:16 AM IST

While drawing the red line on what a Kazi can do in his role to settle dispute, the Indore Bench of Madhya Pradesh High Court on January 12, 2022 has in a learned, laudable, landmark and latest judgment titled Aadil vs Union of India and others in 2022 LiveLaw (MP)

Breaching Promise to Marry Will Not Amount to Offence of Cheating Under IPC: Karnataka HC

25 Jan 2022 02:47 AM IST

In a significant development, we saw how the Karnataka High Court in a learned, laudable, landmark and latest judgment titled Sri Venkatesh and others vs State of Karnataka and Smt Gulzar GP in 2022 LiveLaw (Kar) 24 and Criminal Petition No. 5865 of 2021 that was delivered finally on January

PRISONERS SHOULD HAVE THE RIGHT TO VOTE: TIME TO AMEND THE RPA ACT

25 Jan 2022 02:46 AM IST

INTRODUCTION India is considered as the world’s “largest democracy” country. Election is celebrated as a festival in India, which can be evident from the recent incidents where the election rallies were conducted even during the COVID times. On every 25th January, we celebrate this day as ‘National Voters Day’. However,

The doctrine of anticipatory bail and judicial discretion under Section 438 of the Code of Criminal Procedure

24 Jan 2022 05:12 AM IST

INTRODUCTION The provision provided for in section 438 of the Code of Criminal Procedure- Direction for grant of bail to a person apprehending arrest which is also referred to as anticipatory bail in common parlance is a bail sought for, in anticipation of the arrest. The provision of anticipatory bail

Permitting use of illegally intercepted conversations in court would violate citizens’ fundamental rights: Delhi HC

22 Jan 2022 07:58 AM IST

While according the highest priority to the fundamental rights of the citizens, the Delhi High Court has in an extremely commendable, cogent, courageous, composed and convincing judgment titled Jatinder Pal Singh vs Central Bureau of Investigation in CRL. M.C. 3118/2012 that was pronounced finally on January 17, 2022 has observed

Cyber world: Advantages and its emerging threats

21 Jan 2022 03:54 AM IST

In this modern era of globalization whole world gets connected through digitalization. Growing global economy and Innovation in Science and Technology lead to promote digitalization in our daily life. According to data of the Department of Promotion of Industry and Internal Trade states that approximately 50,000 Startups grow up in

Cybersquatting: A plague upon the corporate identity

21 Jan 2022 03:49 AM IST

INTRODUCTION The advent of internet era has witnessed a huge surge in profits of various e-commerce and has shoved every potential business to adopt the online mode. The domain name which is an online website locator or the address of a specific entity on the internet links the company to

UNIFORM CIVIL CODE IS A MUCH NEEDED LEGISLATION

20 Jan 2022 07:54 AM IST

The Uniform Civil Code means a uniform personal law for all citizens of the country. This code will replace the existing religious personal laws in India and have a uniform law that will cater to all the citizens, irrespective of their religion. This has been envisaged by the makers of

Family court with territorial jurisdiction is the competent authority to give a child in adoption: Kerala HC

19 Jan 2022 03:07 AM IST

Without leaving any room for even an iota of doubt, the Kerala High Court has in a learned, laudable, landmark and laudable judgment titled Thomas P & Anr. V. State of Kerala & Ors in CRL. A. No. 971 of 2019 which was delivered on November 5, 2021 has laid

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