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  • Mere fact of admission of suicide does not raise presumption U/S 113A of Evidence Act: SC
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01/03/2023, 3 years ago

Mere fact of admission of suicide does not raise presumption U/S 113A of Evidence Act: SC

The Supreme Court in the case of, Kashibai vs State of Karnataka, observed that “the mere fact of commission of suicide by itself would not be sufficient for the court to raise the presumption under Section 113A of the Evidence Act, and to hold the accused guilty of Section 306 IPC(abetment to suicide).” In this […]

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01/03/2023, 3 years ago

Imposing “Onerous Conditions” in domestic violence cases impermissible in law: SC

The Supreme Court while setting aside a condition implemented by Delhi HC, allowed a victim of domestic violence to lead evidence during trial subject to payment of Rs.20,000 per witness. The court observed, “In a complaint filed under the Protection of women from Domestic Violence Act, 2005, it is not open to the Court to […]

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28/02/2023, 3 years ago

Kerala HC observes Doctor cannot treat patients without touching

Kerala HC while denying anticipatory bail to a person accused of mishandling a doctor, in the case of Jamshid PV v State of Kerala,  observed that “Doctors, who had turmoiled their energy and time to learn the method of treating patients, when examining patients clinically, cannot do the said exercise without touching the patients. If […]

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28/02/2023, 3 years ago

Blocking of National Highway will not attract immunity u/a 19 of Constitution: Tripura HC

“If liberty means anything at all, it means the right to tell people what they do not want to hear.” – George Orwell. The Tripura HC in a recent judgment, in the case of Tripura People’s Front Vs State Of Tripura., observed that Once a National Highway has been blocked in the form of an […]

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28/02/2023, 3 years ago

Petition can’t be amended to introduce new grounds to challenge arbitral award: Delhi HC

The Delhi HC, in the case of New Delhi Municipal Council v. Decor India Pvt Ltd., observed that “Though it is permissible to introduce an amendment in a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (A&C Act), however, new grounds of challenge containing new material/ facts cannot be introduced when […]

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28/02/2023, 3 years ago

“Holding Hands” Without sexual intent doesn’t attract sexual harassment: Bombay HC

Bombay HC in the case of Dhanraj Babusingh Rathod vs State of Maharashtra, while granting anticipatory bail to an rickshaw driver accused of sexual harassment, observed that “From the accusation that are levelled, it can be seen that prima facie there is no case of any sexual harassment as it is not the case of […]

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27/02/2023, 3 years ago

Mere submission U/S 329 of CrPC does not bound trial court for enquiry: Kerala HC

Kerala HC in the case of, Yasin Sunu V State of Kerala, observed  “If there is something in the demeanour of the accused or in the facts of the case, which raise doubt in the mind of the Court that the accused is of unsound mind and consequently incapable of making his defence, it is […]

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27/02/2023, 3 years ago

Mere asking of statement/ ledger from operational creditor, not admission of claim: NCLT Indore

The National Company Law Tribunal (Indore),  in the case of Oswal Pumps Limited v Bhopal Tractors Private Limited, held that “ if a Corporate Debtor merely requests statements or ledger from the Operational Creditor for verification, then the such act would not amount to an admission of claim and would not renew the limitation period.” […]

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27/02/2023, 3 years ago

An adult woman capable of understanding Informal relationship : Calcutta HC

The Calcutta HC in the case of, Binod Banik v. The State of West Bengal & Anr,  while acquitting a convict accused of rape by the trial court, observed that “No doubt it is morally reprehensible for the appellant to desert the victim lady with whom he had entered into an informal marriage after she […]

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