Legally Speaking

CAN’T OUST WOMAN FROM MATRIMONIAL HOME ON THE BASIS OF SUMMARY PROCEEDINGS UNDER SENIOR CITIZENS ACT: ALLAHABAD HC

18 Nov 2021 07:16 AM IST

While firmly espousing, endorsing and vindicating the right of the woman to her matrimonial home, the Allahabad High Court has in an extremely brilliant, bold, balanced and brief 10-page judgment titled Smt. Khushboo Shukla vs District Magistrate, Lucknow & Ors in Misc. Single No. – 16212 of 2021 delivered just

The Hurdles in Criminalizing Marital Rapes In India

17 Nov 2021 07:41 AM IST

The Indian law does not define ‘marital rape’ though the Black’s Law Dictionary defines it as “a husband’s sexual intercourse with his wife by force or without her consent”. The Kerala High Court in its recent judgment while granting divorce on the ground of martial rape has noted that it

Section 29A of the IBC 2016 and its jurisprudence

17 Nov 2021 07:38 AM IST

Tracing the evolving paradigm via amendments and judicial decisions.

Age verification of juveniles should be completed in 15 days: Delhi hc

16 Nov 2021 07:18 AM IST

In a welcome, wonderful and wise judgment titled “Court on its own motion v State” in CRL.REF. 1/2020 that was pronounced on October 27, 2021 and then finally released on October 29, 2021, the Delhi High Court has ordered that investigating officers probing offences committed by juveniles should obtain documents

Cybercrime: A spider, expanding its web with every new technological advancement

16 Nov 2021 07:17 AM IST

In the past few decades, the world has become heavily dependent on information technology. With this we also come across the various instances of cyber crime where it is not just limited to being a mere computer crime but has a huge impact on the society as well. With our

PAKISTAN: A PERILOUS JOURNEY FROM JINNAHISTAN TO JIHADISTAN

15 Nov 2021 06:53 AM IST

It is time for Pakistan to realise what could not be settled in 1947 cannot be settled now and pursue a foreign policy based on universal brotherhood

HUSBAND VIEWED WIFE AS CASH COW ON GETTING JOB WITH DELHI POLICE: DELHI HC DISSOLVES MARRIAGE ON GROUND OF CRUELTY

13 Nov 2021 02:39 AM IST

In a recent, refreshing, rational and robust judgment titled Sanno Kumari vs Krishan Kumar in MAT.APP.(F.C.) 119/2020 and C.M. No.25687/2020 delivered as recently as on October 28, 2021, the Delhi High Court has dissolved marriage between a couple by decree of divorce on the ground of cruelty observing that the

THE UPHEAVALS OF RESTRAINING INVOCATION OF BANK GUARANTEES

13 Nov 2021 02:37 AM IST

Bank guarantees are individual contracts between the bank and the creditor and are independent of the underlying contract between the beneficiary and the person at whose instance the bank guarantee is given. In simple terms it is an assurance to a beneficiary that the financial institution will uphold the contract between

Duty to defend: A lawyer has moral obligation to represent the unpopular client

12 Nov 2021 07:43 AM IST

Maintenance of law and order within a society is of utmost importance and lawyers play a key role in ensuring that law and order is maintained. The profession of a lawyer is a noble one and a lawyer is often seen as someone who fights for the rights of individuals

RECALLING OF WITNESSES: A BOON OR A BANE FOR THE CRIMINAL JUSTICE SYSTEM?

11 Nov 2021 07:01 AM IST

INTRODUCTION The general bias in India towards the adversarial decision-making system is evident. We have a neutral judge that decides a particular case by listening and weighing the arguments presented by both sides. On the other hand, in an inquisitorial decision-making system the judge is actively involved with the lawyers

OF FEMALE FOETICIDE AND ITS CAUSES IN INDIA

11 Nov 2021 07:00 AM IST

Womanish foeticide is one of the most sensitive and burning issues not only for India but for the whole world. It’s a general supposition that advanced countries with better knowledge rate may have better coitus rate but this supposition is questioned if one looks at the data.This process began in

PC Act – more time taken for preliminary enquiry not a ground to quash criminal proceedings: SC

10 Nov 2021 07:35 AM IST

In a very significant observation, the Apex Court has as recently as on October 29, 2021 in a learned, laudable, landmark and latest judgment titled The State of Jammu and Kashmir vs Dr Saleem Ur Rehman in Criminal Appeal No. 1170 of 2021 in exercise of its criminal appellate jurisdiction