Evidence Law; Kuna @ Sanjaya Behera Vs. State of Odisha [Supreme Court of India, 17-11-2017]

Evidence Law – The quintessence of the enunciation is that the expression “proved”, “disproved” and “not proved”, lays down the standard of proof, namely, about the existence or non-existence of the circumstances from the point of view of a prudent man, so much so that while adopting the said requirement, […]

Criminal Law; Nandkishor Pralhad Vyawahare Vs. Mangala [Bombay High Court, 14-11-2017]

Code of Criminal Procedure, 1973 – Section 482 – Protection of Women from Domestic Violence Act, 2005 – Whether or not the proceedings under the Protection of Women from Domestic Violence Act, 2005 are in the nature of criminal proceedings ? Whether or not the High Court can exercise its powers under Section 482 of the Code […]

Constitutional Law; Kamini Jaiswal Vs. Union of India [Supreme Court of India, 14-11-2017]

Hon’ble Chief Justice of India is the master of the roster, and any order which had been passed contrary to the order of the Constitution Bench, was held to be ineffective in law, not binding on the Hon’ble Chief Justice of India.

Criminal Law; Ravi Basnet Vs. State [Himachal Pradesh High Court, 14-11-2017]

Criminal Procedure Code, 1973 – Section 439 – Narcotic Drugs & Psychotropic Substances Act, 1985 – Section 15 – Bail – True it is, that bail petitioner hails from Nepal and it may be difficult for the prosecution to secure his presence during trial but aforesaid apprehension can be met by directing bail petitioner […]

Adoption; Master Divyansh Arora Minor Through His Next Friend Raj Kumar Arora Vs. Union of India [Delhi High Court, 14-11-2017]

Hindu Adoptions and Maintenance Act, 1956 – Inter-country Adoption – Central Adoption Resource Authority (CARA) – the present petition is disposed of with a direction to the respondent – CARA to grant, within a period of two weeks, a No Objection Certificate (NOC) to the adoptive parents of the petitioner […]

Constitutional Law; Thomas Chandy Vs. State [Kerala High Court, 14-11-2017]

Constitution of India, 1950 – Article 226 – A writ petition filed in this manner, with the Government of Kerala as a respondent in the party array, is completely impermissible and not maintainable because the petitioner is a Minister and a member of the Cabinet of Ministers. The Government of […]

Criminal Law; State Vs. Chuhi Devi [Himachal Pradesh High Court, 10-11-2017]

Indian Penal Code, 1860 – Section 306  – Abetment of Suicide – Instigation – to justify the framing of charges under Section 306 IPC, the following ingredients must be established: (i) death due to suicide; (ii) accused abets the commission of suicide.