Akanksha Dash

Supreme Court Emphasizes on Need To Inform Accused of His Right u/s 167(2) of CrPC

The Supreme in M Ravindran v IO clarified the position of law on default bail under Section 167(2) of Code of Criminal Procedure, 1973 (CrPC). The Court emphasized the legislative intent behind this provision. This was to reconcile the need to...

Replies Filed in Court Proceedings Must Be Proved and Put Forth During Examination: Supreme Court

A three-judge Bench of the Supreme Court discussed the law behind the admissibility of statements during a trial. The Bench stated that the statements, though Court records, do not carry a presumption to the veracity of the statements. Brief facts...

Mere Procedural Lapse Under SARFAESI Act Cannot Make the Action Bad in Law if No Prejudice Caused: Supreme Court

Supreme Court held that when a technical issue is alleged on procedural compliances under SARFAESI Act, it would not vitiate the proceedings unless some sustainable prejudice is caused due to the same. Brief facts of the case The appellant is a...

SC Stays Order Restraining Physical Campaigns in the Madhya Pradesh Bye-Elections

On the 26th of October, a Bench was set up which comprised Justice AM Khanwilkar, Justice Dinesh Maheshwari, and Justice Sanjiv Khanna. They heard 3 separate pleas challenging the Order of the Madhya Pradesh High Court restraining physical campaigns....

Lack of Independent Witness Doesn’t Vitiate Conviction: Supreme Court

A three-judge Bench of the Supreme Court in Rajesh Dhiman v State of Himachal Pradesh clarified the law in case of lack of independent witnesses. The Bench observed that it would not vitiate the conviction; instead, it would call...

Supreme Court Stays Order Restraining Physical Campaigns in the Madhya Pradesh Bye-Elections

On the 26th of October, a Bench was set up which comprised Justice AM Khanwilkar, Justice Dinesh Maheshwari, and Justice Sanjiv Khanna. They heard 3 separate pleas challenging the Order of the Madhya Pradesh High Court restraining physical campaigns....

Supreme Court Asks Petitioner to Approach Bombay High Court in PIL for CBI Probe in Disha Salian Case

On the 26th of October 2020, the Apex Court heard the PIL praying for a CBI probe into the death of Disha Salian. The Court granted the Petitioner liberty to approach the High Court of Bombay instead.  Petitioner’s Submissions Disha Salian,...

Hoardings Are Movable Property Under Section 2(3) of DMC Act Subject To the Twin Test: Delhi High Court

Delhi High Court in the case of Delhi International Airport v South Delhi Metropolitan Corporation discussed in detail the provision under Section 2(3) of the DMC Act. The Court stated that Property and Advertisement Tax could be levied to each other...

Onus on Petitioner To Show Unassailable Facts: Delhi High Court

In the case of Rhythm Jain v National Testing Agency, the Delhi High Court mentioned that in such petitions the onus to prove the facts alleged rests on the Petitioner. Brief Facts of the Case This Writ Petition prayed for an order...

Delhi HC: Mens Rea Essential Before Passing an Order U/S 14b of EPF Act

  In the matter of M/s Durable Doors and Windows v APFC, Gurugram, the bench allowed the Petitioner's appeal holding that mens rea is an essential condition to be fulfilled when passing an order under Section 14B of the EPF...

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Petition Filed in Delhi High Court Challenging the New Privacy Policy of WhatsApp

A petition has been raised before the Delhi High Court challenging the updated privacy policy of the instant messaging app, WhatsApp. It is accused of looking into the virtual activities of the users,