Conviction u/s 306 IPC Necessitates Mens Rea to Oblige Offence

-Report by Sanstuti Mishra THE SUPREME COURT OF INDIA in case of CRIMINAL APPELLATE JURISDICTION, MARIANO ANTO BRUNO & ANR. Vs THE INSPECTOR OF POLICE held that upon the appreciation of evidence of the eyewitnesses and other material adduced by the prosecution, Trial Court wrongly convicted the Petitioners and the High Court was also notRead More

Punjab & Haryana HC quashes FIR against Kumar Vishwas

-Report by Deepti Dubey The Punjab and Haryana High Court, on 12th October quashed the FIR lodged against Kumar Vishwas, former Aam Aadmi Party leader, on the allegations of issuing provocative statements and other offenses on April 12, 2022. The controversial statements were made in regard to the separatist motive of AAP. FACTS Mr. KumarRead More

COURTS DOES NOT HAVE JURISDICTION TO INTERVENE IN THE ARBITRAL PROCEEDINGS

-Report by Deep Shikha  The Hon’ble High court of Delhi in the case of Panasonic India Private Ltd vs. Shah Aircon Through its Proprietor Shadab Raza, held that the court cannot intervene in the arbitral proceedings as well as the parties can refer the disputes to arbitration even without an agreement but at some pointRead More

Bail to co-accused whose vehicle was used for transportation of Heroin

-Report by Sanket Pawar Delhi High Court grants bail to the petitioner (spouse of the co-accused, Vinod) whose vehicle was used for the transportation of Heroin, in the case of SIMRANJEET KAUR Vs STATE OF GOVT OF NCT OF DELHI. Facts A raid was conducted jointly by the Narcotics Control Bureau (NCB) and Delhi policeRead More

Kirori Mal College Directed to Compensate to Disabled Faculty

-Report by Anette Abraham In a Delhi HC ruling, Hon’ble Justices Suresh Kumar Kait and Saurabh Banerjee directed Kirori Mal College, to pay arrears to a faculty whose permanent appointment was inappropriately deterred. In this case, Kirori Mal College v. Dr. Kusum Lata, the Hindi Lecturer, who was expected to receive permanent employment under theRead More

An appointment on compassionate grounds is a Concession and not a Right: SC

-Report by Nandini Gupta In the case of The State of Maharashtra and Anr. v. Ms. Madhuri Maruti Vidhate, Hon’ble Justice M.R. Shah ordered that appointment on the mere grounds of compassionate after several years is unsustainable. FACTS The father of the respondent died in harness while working in clerical cadre with the appellants. FollowingRead More

Madhya Pradesh HC grants anticipatory bail on the condition of no inducement of threat

-Report by Mahak The High Court of Madhya Pradesh granted anticipatory bail in the case of GURPAL SINGH v. THE STATE OF MADHYA PRADESH. This application was made under Section 438 of Cr.P.C. by the applicant, who was arrested at the police Station Karahiya, District Gwalior (Madhya Pradesh) for the offence punishable under Sections 376,Read More

High Court to hold a preliminary inquiry on whether dispute arbitrable: SC

– Report by Mahija Sinha The Supreme Court in the case of  M/S. Emmar India Ltd. V. Tarun Aggarwal Projects LLP & Anr.  has stated that the HC must perform a preliminary inquiry to determine if the dispute is arbitrable to justify the appointment of arbitrators in an application under Sections 11(5) and (6) of theRead More

Video of confession in front of police precluded as evidence by the SC

-Report by Sanstuti Mishra It has been observed by the Supreme Court in the case of MUNIKRISHNA @ KRISHNA ETC. vs. STATE BY ULSOOR PS that the videography containing confession made before the police is inadmissible as evidence FACTS The appellants challenged the judgment and order dated 31st August 2010 passed by the High CourtRead More