Radhika Maheshwari

Form Team for Investigating Matter Related To Land According To Land Revenue Act: J&K High Court

Case Name: Suman Bansal vs. Union territory of J&K and Others Excerpt In a judgement on 1st April, the High Court of Jammu and Kashmir observed that the prosecution must get fair and unbiased treatment and hence, directed the divisional...

While Granting Punishment Under NDPS Act, Poverty Is Not A Mitigating Factor: Supreme Court

Excerpt The Supreme Court in a judgement on 6 April 2021, observed that just because the accused was poor and the sole bread earner of the family, it should not act as the mitigating factor while awarding punishment or sentence...

In Petition Under Sec. 11 of Arbitration Act, We Cannot Consider Question of Novation of Contract: Supreme Court

Excerpt In the judgement on 6 April 2021, the Supreme Court of India observed that in a petition filed under Section 11 of the Arbitration and Conciliation Act, the Court cannot address the issue of novation of a contract containing...

High Court Can Exercise Jurisdiction Under Article 227 Even if Plea Is Styled As Writ Petition Under Article 226: Supreme Court

Excerpt In the judgment on Monday on 5 April 2021, the Supreme Court observed that a petition which is styled as one given under Article 226 of the Constitution of India would not bar the jurisdiction of the High Court...

Provisions of the NDPS Act Are Harsh, Hence, Procedural Safeguards Must Be Complied With: J&K HC

Case Name: Intelligence Officer vs. Vijay Kumar Excerpt The J&K High Court in a judgement on 1st April 2021 observed that the provisions of the  NDPS Act are harsh in nature, therefore the procedural safeguards must be scrupulously complied with. Facts...

Supreme Court: A Cryptic Phone Call To Police, Not Clearly Specifying the Offence Cannot Be Treated as Fir

In a judgement on 23 March 2021, the Supreme court observed that a message received by a cryptic telephonic call, which does not clearly specify the offence cannot be treated as an FIR.

Supreme Court: Even in the Absence of Formal Application, Delay Can Be Condoned Under Section 5 of Limitation Act

In a judgement on 22 March 2021, the Supreme Court held that in the absence of a formal application, the court/tribunal may exercise its discretion to forgive delay under Section 5 of the Limitation Act.

Supreme Court: Patriarchal & Stereotypical Notion About Women Should Be Avoided by Courts and Judges Be Trained on Gender Sensitisation

In a judgement on 18 March 2021; the Supreme Court ruled down that judges should avoid using patriarchal and stereotypical notions about women and suggested that the judges should be trained on gender sensitization. It was also ruled that the course on gender sensitization should be included in LLB and AIBE syllabus.

Supreme Court: State Cannot File One Charge-Sheet First and Supplementary Charge-Sheet Later To Extend the Time Limit

The Supreme Court in a judgement on Monday while granting a default bail to the Appellant observed that the investigation period set out in Section 167 of the Code of Criminal Procedure could not be expanded by filing a supplementary charge-sheet relating to UAPA violations.

Supreme Court: Accused Can Be Summoned Even on the Basis of Examination-in-Chief of a Witness

In a judgement on Monday, the Supreme Court observed that under Section 319 of the Code of Criminal Procedure, an accused might be summoned even based on examination in chief of witness, and the Court does not have to wait for his cross-examination.

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What Will Be the Future of Globalisation?

In the COVID-19 pandemic, there is a debate about what will happen to globalization now? With globalization slowing down,...
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Artificial Arbitrators – A New Way Towards Dispute Resolution

“I don't see that human intelligence is something that humans can never understand." ~ John McCarthy, March 1989 Introduction Information technology has achieved a whole new level...

Agartala High Court Dismisses the Criminal Revision Petition Against the Survivor of a Road Accident

Excerpt The High Court of Agartala rejected an instant appeal filed by the Petitioner challenging the Judgment on a Criminal Appeal delivered by the Extra...

Inadequate Compensation Does Not Deem a Sale as a Mortgage: Calcutta High Court

Excerpt The case over the contested assets began in 1975, when the plaintiff's predecessor-in-interest filed a Title Suit in the 1st Court of Munsiff at...

If Grievous Hurt Is Caused Then the Offence of Wrongful Restraint Also Committed Is Not Necessary: Tripura High Court

Case: Ratan Sarkar Versus The State of Tripura Excerpt  The High Court of Tripura after thoroughly going through the evidence and witnesses upheld the decision of...