Criminal Law

Conditions need to be satisfied for bringing the case within the exceptions to murder

Barathkumar K M | Sastra Deemed to be University Thanjavur | 29th June 2020 Nandlal Baviskar Vs Dilip Waman Baviskar Facts: The appellant and the respondent were close relatives. The respondent…

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Religious Conversion and Bigamous Marriage

Karthik.T | Sastra Deemed University Thanjavur | 28th June 2020  SARALA MUDGAL and OTHERS VS UNION OF INDIA FACTS: In this case, there are four main petitioners. The first petitioner was Kalyani,…

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Wrongful Prosecution costs an innocent death in custody

Barathkumar K M | Sastra Deemed to be University Thanjavur | 28th June 2020 Kapil Kumar Beri Vs The State of Delhi Facts: In this case, a girl of 17 became…

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Right to Health and Medical Assistance

Karthik.T | Sastra Deemed University Thanjavur | 27th June 2020  PARMANAND KATARA VS UNION OF INDIA FACTS: This Writ Petition was filed by a Human rights activist based on a newspaper report…

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Kerala High Court

Illegal detention punishable with life imprisonment

Barathkumar K M | Sastra Deemed to be University Thanjavur | 27th June 2020 T.V.Eachara Varier Vs Secretary to the Ministry of Home Facts: The petitioner was the retired Hindi professor…

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Necessity is not a defense for the murder

Barathkumar K M | Sastra Deemed to be University Thanjavur | 21st June 2020 R Vs Dudley and Stephens Facts: While travelling in a ship, the three men and a boy…

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The Doctrine of Attribution: A clear solution to the imprisonment of a company

Barathkumar K M | Sastra Deemed to be University Thanjavur | 18th June 2020 For a criminal offence, malice is an essential ingredient. Being an artificial person, the company has…

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The Patriarchy of Rape Laws – Need for Gender Neutrality

Daniyal Qureshi | Symbiosis Law School Pune | 12th June 2020 The principle penal legislation in the country is the Indian Penal Code of 1860 (IPC). The IPC is a…

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The managing director of a company is not held liable only because on the ground of Managing Director

Barathkumar K M | Sastra Deemed to be University Thanjavur | 11th June 2020 Shiv kumar jatia vs State of NCT of Delhi Facts: The appellant was a Managing Director…

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Kidnapping a Hineous Crime

Sejal Makkad | Amity Law School, Amity University Chhattisgarh | 6th June 2020 Vinod Kumar V State Of Haryana (Criminal Appeal No. 1401 0f 2008) Facts:  In this case, Vinod…

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Medical Oxygen and Nitrous Oxide are ‘drugs’ under the Drugs and Cosmetics Act 1940

Shaunak Choudhury | SVKM’s NMIMS Kirit P. Mehta School of Law | 6th June 2020 State of Andhra Pradesh v. M/s Linde India Ltd.  Facts The main issue of this case…

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transgender act

The Transgender Persons (Protection Of Rights) Act 2019 – A Critical Overview

This article is a critique on the The Transgender Persons (Protection of Rights) Act 2019, which has been authored by Daniyal Qureshi, student of Symbiosis Law School Pune Introduction On…

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Arrested Activists- Suppressing Voice of Freedom

Disha Agrawal | ICFAI Law School, Hyderabad | 6th June 2020 Romila Thapar V. Union of India Introduction Romila Thapar,a renowned historian and a social activist , with other four…

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Delay in Dispatch of FIR Cannot be Ground for Acquittal unless Prejudice is Proved

Shaunak Choudhury | SVKM’s NMIMS Kirit P. Mehta School of Law | 4th June 2020 Ombir Singh v. State of Madhya Pradesh (Criminal Appeal No. 982 of 2011) Facts  The Appellant…

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Difference Between Section 302 And 304 0f IPC

Sejal Makkad | Amity Law School, Amity University Chhattisgarh | 3rd June 2020 Ahmed Shah And Others V. State Of Rajasthan (Criminal Appeal No. 17/2009) Facts:  In the present case,…

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Conviction of Rape Victim on Sole Evidence of Victim

Sejal Makkad | Amity Law School, Amity University Chhattisgarh | 31st May 2020 Om Prakash V Dil Bahar And Ors.Appeal 7040 Of 2000 Facts-  The accused was a relative of…

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Tamas: The serial that showed the truth and not the communal hatred

Sejal Makkad | Amity Law School, Amity University Chhattisgarh | 30th May 2020 Ramesh.S/O Chotalal Dalal vs Union Of India & Ors 1988 AIR 775, 1988 SCR (2)1011 INTRODUCTION  Since…

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In absence of Legislation it cannot define Hate Speech

Ukkash F | Sastra School of Law, Tamil Nadu | 30th May 2020 Campaign Against Hate Speech An Unregistered Organisation Vs State Of Karnataka  The Court in hearing a writ petition…

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J&K HC Upholds The Detention of HC Bar Association President Mian Abdul Qayoom

Ukkash F | Sastra School of Law, Tamil Nadu | 29th May 2020 Mian Abdul Qayoom v. Union Territory of J&K & Ors.  The J&K HC on Thursday upheld the detention…

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Nobody has a right to rape a woman even if she is habitual to sexual intercourse

Ashutosh Rajput | Hidayatullah National Law University | 28th May 2020 State Govt. NCT Delhi v. Pankaj Chaudhary & Ors.  Facts:  The appellant was the neighbor of the respondents/accused wherein,…

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If the local police have done prudent investigation then the Supreme Court cannot exercise its power so as to make same investigation once again

Ashutosh Rajput | Hidayatullah National Law University | 26th May 2020 Nishu v. Commissioner of Police, Delhi & Ors. Writ Petition (Criminal) No. 211 of 2013 Facts:  The petitioner was…

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Prevention of Corruption (Amendment) Act, 2018 will not have retrospective effect

Ukkash F | Sastra School of Law, Tamil Nadu | 25th May 2020   Madhu Koda vs State through CBI  FACTS OF THE CASE Delhi HC ruled out that the Prevention of…

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No retrospective benefit for those convicted under Section 13(1)(d) of Prevention of Corruption Act, 1988

Shaunak Choudhury | SVKM’s NMIMS Kirit P. Mehta School of Law | 25th May 2020 Madhu Koda v. State through CBI CRL.M (BAIL) 2273/2017 & CRL.M.A. 38740/2019  Facts This case arose from…

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Domestic Violence in the times of Pandemic

Ashutosh Rajput | Hidayatullah National Law University | 25th May 2020 The term violence has vast undertakings; one such undertaking happens under the same roof where both the spouses are…

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Supreme Court allowed CBI to investigate by exercising its extraordinary power

Ashutosh Rajput | Hidayatullah National Law University | 21st May 2020 Mohammad Amin v. Union of India Facts:  An incident occurred in July 1991 in the Philbit area of the…

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