NO NECESSITY TO CALL UPON ACCUSED TO FILE COUNTER IN EXTENSION APPLICATION, PRESENCE ONLY NEEDED TO CONSIDER OBJECTIONS: MADRAS HIGH COURT

In case between Mohamed Asaruthin vs State of Tamil Nadu, the case revolves around the rejection of statutory bail applications by accused individuals, who argued that their right to bail accrued upon the expiration of the statutory period, despite the prosecution’s timely filing of extension applications

Continue ReadingNO NECESSITY TO CALL UPON ACCUSED TO FILE COUNTER IN EXTENSION APPLICATION, PRESENCE ONLY NEEDED TO CONSIDER OBJECTIONS: MADRAS HIGH COURT

ONCE THE TRIAL BEGINS, BAIL SHOULDN’T BE GRANTED ROUTINELY FOR SERIOUS CRIMES LIKE RAPE AND MURDER: SUPREME COURT

In the case between X Versus State of Rajasthan, the case involved an appeal filed by a rape victim challenging the High Court’s order granting bail to the accused based on alleged discrepancies in the victim’s FIR and Section 164 of the code of criminal procedure (“CrPC”) statement…

Continue ReadingONCE THE TRIAL BEGINS, BAIL SHOULDN’T BE GRANTED ROUTINELY FOR SERIOUS CRIMES LIKE RAPE AND MURDER: SUPREME COURT

AFFIRMING LEGAL AID UNDER ARTICLE 21: SUPREME COURT ISSUES GUIDELINES FOR LEGAL AID LAWYERS AND PROSECUTORS

The Supreme Court in its recent judgement Ashok Versus State of Uttar Pradesh, laid down guidelines for lawyers, prosecutors to provide free and compulsory legal aid to the accused, ensuring a fair trial and safeguarding the fundamental rights enshrined under Article 21 of the Constitution of India

Continue ReadingAFFIRMING LEGAL AID UNDER ARTICLE 21: SUPREME COURT ISSUES GUIDELINES FOR LEGAL AID LAWYERS AND PROSECUTORS

SUPREME COURT CLARIFIES SECTION 27: RECOVERIES BASED ON PRE-DISCLOSURESTATEMENTS INVALID

In the case of Suresh Chandra Tiwari & Anr. Versus State of Uttarakhand, this appeal challenges the conviction for murder of the accused persons with respect to the claim of recovery of some incriminating materials in connection with the purported recovery statement made under section

Continue ReadingSUPREME COURT CLARIFIES SECTION 27: RECOVERIES BASED ON PRE-DISCLOSURESTATEMENTS INVALID

THE HIGHEST BIDDER IN THE TENDER PROCESS IS NOT ENTITLED TO A CONTRACT: SUPREME COURT

In the case between Indore Vikas Praadhikaran (IDA) & Anr. Vs Shri Humud Jain Samaj Trust & Anr., the case revolves around a tender notice that was issued by the Indore Development Authority(“IDA”) on July 17, 2020 for lease of land at the rate of ₹21,120 per square meter…

Continue ReadingTHE HIGHEST BIDDER IN THE TENDER PROCESS IS NOT ENTITLED TO A CONTRACT: SUPREME COURT

THE COURT MUST ALSO TAKE CROSS-EXAMINATION INTO ACCOUNT WHEN DECIDING AN APPLICATION UNDER S.319 CRPC: SUPREME COURT

In the case between Hetram @ Babli Vs. State of Rajasthan & Anr., the case revolves around an appeal filed by an accused against the High Court’s decision to uphold a summoning application under Section 319 of the code of Criminal Procedure, 1973 (“CrPC”), which was based solely on

Continue ReadingTHE COURT MUST ALSO TAKE CROSS-EXAMINATION INTO ACCOUNT WHEN DECIDING AN APPLICATION UNDER S.319 CRPC: SUPREME COURT

PHYSICAL RELATIONSHIPS MUST BE PROVEN TO BE BASED ONLY ON MARRIAGE PROMISES, DESPITE RAPE ON FALSE MARRIAGE PROMISES

In the case between Mahesh Damu Khare Vs. The State of Maharashtra, the case arose out of a relationship that apparently existed between the complainant and the appellant for a period of 10 years during which the woman accused the man of having had sexual intercourse with her on

Continue ReadingPHYSICAL RELATIONSHIPS MUST BE PROVEN TO BE BASED ONLY ON MARRIAGE PROMISES, DESPITE RAPE ON FALSE MARRIAGE PROMISES

RIGHT TO SUBMIT A NEW APPLICATION, NOT A NEW CAUSE OF ACTION, AND NO EXTENSION OF THE ARBITRATION ACT’S LIMITATION UNDER SECTION 34(3)

In the case between National Health Authority vs M S Intermarc, the case revolves around a contractual dispute where the appellant had issued a tender for the renovation of its office, awarding the contract to the respondent for Rs. 3,14,95,840/- with an 80-day completion deadline, subject to liquidated

Continue ReadingRIGHT TO SUBMIT A NEW APPLICATION, NOT A NEW CAUSE OF ACTION, AND NO EXTENSION OF THE ARBITRATION ACT’S LIMITATION UNDER SECTION 34(3)

END OF RELATIONSHIP BETWEEN CONSENTING PARTNERS CAN’T TRIGGER CRIMINAL CHARGES – SUPREME COURT

In the case of Prashant V. State of NCT of Delhi, the complainant filed a FIR, saying that the appellant sexually exploited her under the false promise of marriage and forcibly engaged in sexual contact with her. She also claimed that the appellant had threatened to harm her family if she continued to have

Continue ReadingEND OF RELATIONSHIP BETWEEN CONSENTING PARTNERS CAN’T TRIGGER CRIMINAL CHARGES – SUPREME COURT