CASE LAW SECTIONS
CASE LAW SECTIONS
Assignment of decree for specific performance does not require registration: Supreme Court clarifies
The Hon’ble Division Bench of J.B. Pardiwala, J. and K.V. Viswanathan, J. addressed a nuanced but significant question in property and execution law: Whether a deed assigning a decree for specific performance of a sale agreement relating to immovable property required compulsory registration under Section 17(1)(e) of the Registration Act, 1908? The Division Bench held...
Medical opinion not conclusive, cannot take precedence over occular account: Punjab and Haryana High Court
In a recent judgment passed by the Division Bench of Lisa Gill, J. and Parmod Goyal, J. while dismissing a criminal appeal against judgment of conviction passed by the Sessions Court under section 302 IPC and Section 27 of the Arms Act, the Hon’ble Bench categorically observed that witnesses related to the victim are competent...
Mere Long Incarceration not Enough for Bail under UAPA: Punjab and Haryana High Court affirms
The Division Bench comprising of Gurvinder Singh Gill, J. and Ramesh Kumari, J. dismissed the bail applications filed by the accused persons involved in the murder of targeted murder of a Dera Sacha Sauda follower, alleged to be linked to the ongoing sacrilege cases in Punjab. The Bench upheld the dismissal of bail invoking the...
Deemed closure upheld: SC reaffirms employer’s statutory right under Section 25-O of the Industrial Disputes Act, 1947
The Hon’ble Supreme Court while interpreting the scope of deemed permission to close and undertaking under Section 25-O(3) of the Industrial Disputes Act, 1947 has held that procedural lapses by the State Government cannot frustrate the statutory right of an employer to close a business when no timely decision is communicated by the appropriate authority...
Date of Limitation to be seen from the date of filing of complaint, and not when cognizance is taken: SC Clarifies
The Bench comprising of Satish Chandra Sharma, J. and B.V. Nagarathna, J. has delivered a significant judgment on the interplay of limitation under Section 468 CrPC and Section 498-A IPC. The Hon’ble Court laid down crucial principles regarding the computation of limitation in continuing offences and addressed the misuse of criminal machinery in matrimonial disputes...
Motive is an essential ingredient in case of circumstantial evidence: SC acquits man of Section 302 IPC after 15 years
INTRODUCTION In a remarkable judgment passed by B.V. Nagarathna, J. and Satish Chandra Sharma, J., the Hon’ble Apex Court on 04.06.2025 acquitted a youth convicted under Section 302 and 201 IPC, 1860 by holding that the circumstantial evidence on record was not consistent and left a reasonable possibility of an alternate outcome i.e. of innocence...
No rape in broken relationships: SC upholds consent between adults
The Division Bench of the Hon’ble Apex Court comprising of Satish Chandra Sharma, J. and B.V. Nagarathna, J. has once again reiterated that an FIR under section 376(2)(n) IPC, 1860, which is now section 69 of the BNS, 2023 is not maintainable once it is found that the FIR was a result of the relationship...
Supreme Court Halts Forced Narco-Test: Upholds Right Against Self-Incrimination
In a significant decision whilst hearing a plea against the Patna High Court’s Order allowing for Narco-Analysis test by the SDPO, division bench comprising of Sanjay Karol, J. and Prasanna B. Varale, J. the Hon’ble Supreme Court has given significant guidelines regards the narco-analysis test being held without the consent of the accused and upholding...
CHILD CUSTODY, HABEAS CORPUS MAINTAINABILITY, INDIAN LAW
INTRODUCTION The Indian Law focuses on various procedures and methods for child custody, whether in cases of divorce or illegal custody of the child. One of the way that is used in Indian Law is the writ of Habeas Corpus, while the other is by way of an application to the District Magistrate, Sub-Divisional Magistrate...
Plea filed in Delhi HC for 41% enhancement of fees retrospectively.
Images are subject to copyright A plea was filed before Delhi High Court against notification dated 18.09.2021 issued by the Directorate of Higher Education under the Delhi Professional Colleges of Institutions (prohibition of capitation fee, regulation of admission, fixation of non-exploitative fees and other measures to ensure Equity and Excellence) Act, 2007 regarding fees 41% enhancement whereas...
ADMISSIBILITY OF ELECTRONIC EVIDENCES IN INDIAN LAW AS PER S. 65B OF THE EVIDENCE ACT.
The industrial revolution in the 1900s bought with itself a lot of new technology and with the advent of new technology can new ways for daily chores and routines. The way the information was stored with the people also started to change from the oriental paper to the western computer. The same change could also...
SUPREME COURT GUIDELINES FOR CRIMINAL TRIAL, ORDER TO BE IMPLEMENTED WITHIN SIX MONTHS
Images are subject to copyright About The Author Advocate Dr. Rau P S Girwar is an esteemed advocate and has been involved in the field of law since 2010 and has contested cases in the Supreme Court of India and various high courts including the Punjab and Haryana High Court, Delhi High Court, Indore High...
INCIDENTS OF COPARCENARY IN HINDU LAWS
Images may be subject to copyright ABOUT THE AUTHOR Advocate Dr. Rau P S Girwar is an esteemed advocate and has been involved in the field of law since 2010 and has contested cases in the Supreme Court of India and various high courts including the Punjab and Haryana High Court, Delhi High Court, Indore...