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CASE LAW – RE: EXPLOITATION OF CHILDREN IN ORPHANAGES

The Supreme Court took suo motu cognizance of news published in a newspaper about sexual abuse of children in child care institutions run by the government and NGOs. Re: Exploitation of Children in Orphanages in the State of Tamil Nadu v. Union of India and Others...

LATEST ORDER IN RELATION TO INADEQUACIES AND DEFICIENCIES IN CRIMINAL TRIALS WITH SPECIAL REF. TO RECORDING OF EVIDENCE AND JUDGMENT WRITING.

The Supreme Court recently in SUO MOTU WRIT(CRL.) NO.1 OF 2017, went-on to raise certain questions regarding inadequacies and deficiencies in Criminal Trials (with special reference to recording of evidence). The issue came up in certain criminal appeals that the...

‘ORDER’ OF A FOREIGN COURT EXECUTABLE AS IT QUALIFIES AS ‘DECREE’ WITHIN THE MEANING OF SECTION 44-A OF THE CPC, RULES THE SUPREME COURT

The Supreme Court recently in Alcon Electronics Pvt Ltd v. Celem S.A. Of Fos 34320 Roujan (2017) 2 SCC 253, was faced with a rather interesting question. The court was deciding the executability of an order delivered by a court in England, whereby the English court...

CASE LAW – C. MUNIAPPAN AND OTHERS V. STATE OF TAMIL NADU

There may be highly defective investigation in a case. However, it is to be examined as to whether there is any lapse by the IO and whether due to such lapse any benefit should be given to the accused. The law on this issue is well settled that the defect in the...

CASE LAW – BINOY VISWAM V. UNION OF INDIA

BINOY VISWAM v. UNION OF INDIA (LINKING OF ADDHAAR AND PAN CASE) Decided by the Devision Bench comprising Justice A.K. Sikri and Ashok Bhushan on 9 th June, 2017 Brief Facts – The constitutional validity of Section 139AA of the Income Tax Act, 1961 was...

DECREE OF PERMANENT INJUNCTION CAN BE EXECUTED AGAINST THE LEGAL HEIRS OF JUDGMENT DEBTOR RULES THE SUPREME COURT

The Supreme Court recently in Prabhakara Adiga v. Gowri, 2017 SCC OnLine SC 153, decided on 20.02.2017 has held that Section 50 CPC permits the execution of decree of permanent injunction against the legal heirs of judgment debtor. The factual...

CASE LAW – ANJAN KUMAR SARMA V. STATE OF ASSAM

In the instant case the accused was charged for having committed the offence under Section 302, 366-A 376 (2) (g), 201 read with Section 34 of IPC. The dead body of the girl was found on 29 th near to a railway track in pieces and post mortem was done on 30 th . The...

CASE LAW – PUBLIC NUISANCE – IMPORTANT JUDGMENTS

In State Of M.P v. Kedia Leather & Liquor Ltd. & Others (2003) 7 SCC 389, the Sub-Divisional Magistrate (SDM) of the area concerned served orders in terms of Section 133 of the Code directing the respondents who owned industrial units to...

MUKESH V. STATE FOR NCT OF DELHI (NIRBHAYA MURDER CASE)

Guidelines issued by Justice R. BANUMATHI, J. in her separate concurring opinion delivered in Mukesh & Another v. State for NCT of Delhi & Others on 5th May, 2017 (Nirbhaya Murder Case) Guidelines issued by Justice R. BANUMATHI, J. in her separate concurring...

CASE LAW – RE: EXPLOITATION OF CHILDREN IN ORPHANAGES

The Supreme Court took suo motu cognizance of news published in a newspaper about sexual abuse of children in child care institutions run by the government and NGOs. Re: Exploitation of Children in Orphanages in the State of Tamil Nadu v. Union of India and Others...
CASE LAW – BINOY VISWAM V. UNION OF INDIA

CASE LAW – BINOY VISWAM V. UNION OF INDIA

BINOY VISWAM v. UNION OF INDIA (LINKING OF ADDHAAR AND PAN CASE) Decided by the Devision Bench comprising Justice A.K. Sikri and Ashok Bhushan on 9 th June, 2017 Brief Facts – The constitutional validity of Section 139AA of the Income Tax Act, 1961 was...

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CASE LAW – ANJAN KUMAR SARMA V. STATE OF ASSAM

CASE LAW – ANJAN KUMAR SARMA V. STATE OF ASSAM

In the instant case the accused was charged for having committed the offence under Section 302, 366-A 376 (2) (g), 201 read with Section 34 of IPC. The dead body of the girl was found on 29 th near to a railway track in pieces and post mortem was done on 30 th . The...

read more

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