PLAIN INTERPRETATION OF THE S.37 OF NDPS ACT WOULD CAUSE BAIL TO BE IMPOSSIBLE : SC

-Report by Bhavana Bhandari In a recent judgment, the Supreme Court of India held that a simple and literal interpretation of the severe requirements under Section 37 of the NDPS Act 1985 would make bail difficult to grant. The court was considering a criminal appeal in the case Mohd Muslim vs State (NCT) of DelhiRead More

APPEAL FOR JUSTICE: SEEKING FAIR COMPENSATION FOR FATAL MOTOR VEHICLE ACCIDENT

-Report by Harshit Yadav This is an appeal filed under Section 173 of the Motor Vehicle Act, 1988 against the award passed by the Presiding Officer, MACT, North West District, Rohini Courts, Delhi in MACT No. 50797/2016. The case involves the death of Naresh due to injuries suffered in a motor vehicular accident that occurredRead More

THE COURT DETERMINED THAT THE CASE DID NOT BELONG IN THE CATEGORY OF “RAREST OF RARE” SITUATIONS

-Report by Sejal Jethva In the case of Shiva Kumar v. State of Karnataka, the IPC’s Section 302 was used to punish the offence. A portion of the appeal is upheld. FACTS The appellant was a 22-year-old man. He emphasized the appellant’s young wife, young child, and elderly parents. He also has no priors andRead More

NO PART OF THE ACTUAL SENTENCE WILL CONTAIN THE PERIOD OF EMERGENCY PAROLE GRANTED DURING COVID-19: SC

-Report by Bhavana Bhandari On 24.03.2023, the Supreme Court of India dismissed a plea by a prisoner seeking to allow parole granted during the COVID-19 outbreak to be included as a part of his actual term since it was compulsory in the case of Anil Kumar v. State of Haryana and Others. Taking reference fromRead More

Being a member of an illegal association is enough to establish an offence under the UAPA Act:SC

-Report by Bhavana Bhandari In the case of Arup Bhuyan v. State of Assam Home Department and anr. 2023 (SC) 234, the Supreme Court ruled on Friday that membership in an organization deemed unlawful by the Central government is sufficient to establish an offence under the Unlawful Activities Prevention Act (UAPA). In the decision, theRead More

THE PARTIES’ TIME TO DETERMINE WHETHER THEY CAN DIVIDE THE PROPERTY USING METES AND BOUNDS

-Report by Sejal Jethva In the matter of BHUSHAN KUMAR GUPTA & ORS. vs. RAJINDER KUMAR GUPTA, Order XII Rule 6 of the Code of Civil Procedure, 19081, the drawl of a preliminary decree of partition with regard to property is requested. FACTS The late Sh. Hem Chander Gupta unquestionably bought the suit property onRead More

SC STRIKES DOWN THE REQUEST FOR AN UNLAWFUL CLAIM OF COMPENSATION

-Report by Harsh Singh Rajput In the case of Delhi Development Authority and Govt. of NCT of Delhi vs Batti and others, the respondents in this case i.e., Batti and others filed a writ petition in Delhi high court to claim the compensation of the land which was taken by them 20 years back forRead More

SC GRANTS ANTICIPATORY BAIL IN NAFTOGAZ CASE: EXAMINING FACTORS AND CONTROVERSIES

-Report by Harshit Yadav In this case, four individuals were accused of various offences related to a fraudulent loan obtained by a company called M/s NaftoGaz India Pvt. Ltd. from a consortium of banks led by the State Bank of India. The accused individuals had applied for anticipatory bail, which was rejected by the HighRead More

CHILD CUSTODY IS DETERMINED BY THE CHILD’S BEST INTERESTS

-Report by Sejal Jethva In this case, the custody of two children—who should live with their mother or father—is being settled between SALIM YOUSUF JAMADAR VS RESHMA SALIM JAMADAR FACTS: On May 19, 2010, the appellant and respondent were married in Pune in line with the customs and principles of Mohammedanism. The respondent-wife gave birthRead More

Tenant’s Challenge Denied: Landlord’s Bona Fide Business Expansion Justifies Eviction Order

-Report by Harshit Yadav The present case involves a revision petition filed by tenants who are challenging an eviction order passed by the Senior Civil Judge-cum-Rent Controller in Delhi. The landlord had filed an eviction petition on the grounds of the bona fide requirement of the tenanted premises, which is a shop measuring 83.4 sq.Read More