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To test if the person was in intoxicated state will be determined by his ability to understand the consequences of his act.

Shubhani Mittal | Vivekananda Global University | 16th December 2019 Suraj Jagannath Jadhav Vs. The State of Maharashtra, Criminal appeal no. 1885 of 2019 FACTS In this case, the appellant…

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The Court during Judicial Review do not have the same power as that of an Appellate Authority.

Aashray Chaudhary | Symbiosis Law School, Hyderabad | 16th December 2019 Ram Murti Yadav vs. State of Uttar Pradesh and Another., Civil Appeal No(s). 8875 OF 2019 The court, in…

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The judgments of acquittal passed by the Trial Court may be reversed or otherwise disturbed only for very substantial and compelling reasons.

Lahari Gurrala | Symbiosis Law School, Hyderabad | 16th December 2019 UOI v. Dafadar Kartar Singh & Anr., Criminal Appeal Nos. 3-4 of 2015 Very substantial and compelling reasons exist…

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560 315 Lahari Gurrala

Is A Delay In Test Identification Parade Admissible.

Sarthak Khandelwal | Kirit P. Mehta School Of Law, NMIMS University, Mumbai | 14th December 2019 Raja vs. State by the inspector of police Facts of the Case: On 27.05.1999, plaintiff No.1…

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Symposium on Consumerism, Consumer Citizenship and Sustainable Consumption at SLS, Hyderabad

Centre for Consumer Rights and Marketing is pleased to announce its first National Symposium on "Consumerism, Consumer Citizenship and Sustainable Consumption" to be held on 11th and 12th January 2020.…

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Execution of a lease deed which is subsequent to the previous deed by a trustee of a foundation is valid though the trustee is removed before the execution of the subsequent lease deed.

Lahari Gurrala | Symbiosis Law School, Hyderabad | 10th December 2019 M/S Espire Infolabs Pvt. Ltd v. Sadhana Foundation., Civil Appeal No(s). 9265 of 2019 BACKGROUND The landlord – respondent…

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Conviction can be made over Extra-Judicial Confession along with other Circumstantial Evidence in absence of ‘Evidence of last seen’.

Lahari Gurrala | Symbiosis Law School, Hyderabad | 9th December 2019  DARSHAN SINGH v. SATE OF PUNJAB., CRIMINAL APPEAL NO. 1688 OF 2009 FACTS: An FIR was lodged by Jarnail…

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Employer can fire the employee, if employee conceals his involvement in any criminal charges, even if he has been acquitted from those charges.

Rohit Pradhan | 9th December 2019 Balram Meena v. Railway Protection Force & Anr., WP(C) 10240/2017 FACTS Petitioner applied for the post of Constable. He was appointed as a Constable…

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Video Conferencing a new form of recording of evidence

Sridhruti Chitrapu | 28th of November 2019 Facts The petitioner had filed for dissolution of the marriage with the Respondent. The Respondent had filed an application before the family court…

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SC Strikes down section 87 of Arbitration & Conciliation Act inserted by 2019 Amendment

Rohit Pradhan | 27th November 2019 Hindustan Construction Company Ltd. v. Union of India Bench: Justice R. F. Nariman, V. Ramasubramanian and Surya Kant. Court’s Ruling: On 27th November 2019,…

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Shiv Sena and Ors. Vs Union of India

Sridhruti Chitrapu | 26th November 2019 Introduction The concept of separation of powers has been introduced in our constitution in such way that it can be tailored as per the…

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Delhi High Court orders for the removal of encroachment from the Waqf Property i.e. Qabristan and Dargah of Sufi Saint Hazrat Khwaja Baqi Billah

Rohit Pradhan | 25th November 2019 Muhammad Ajmal v. Delhi Waqf Board., W.P.(C) 12342/2019 & CM APPL. 50398/2019 Matter: Petitioner filed a petition seeking writ of Mandamus directing the Delhi…

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In matter relating to recovery of Bank’s due, if other remedies are available which arises from special statutes, then Court will not entertain Writ Petition. [Patna High Court]

Rohit Pradhan | 25th November 2019 M/s Innotech Educational Society & Ors. v. The State Bank of India & Anr., Civil Writ Jurisdiction Case No.20013 of 2019 Facts Debt Recovery…

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Is Post Convictional mental illness a mitigating factor?

Sridhruti Chitrapu | 24th November 2019 Introduction  Death sentence is awarded in the rarest of rare cases. It is given in certain exceptional cases after examining the aggravating and mitigating…

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Right of appeal is a statutory right which cannot be dismissed merely on the ground that the application filed by applicant under Order IX Rule 13 was dismissed.

Srishti Sneha | Symbiosis Law School, Hyderabad | 22nd November 2019 N. Mohan v. R. Madhu., Civil Appeal No. 8898 of 2019 FACTS The appellants in the instant case were…

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Conviction stayed! Disqualified or not?

Sridhruti Chitrapu | 22nd November 2019 Lok Prahari (through its general secretary, S.N. Shukla) vs Election Commission of India and others Introduction  In cases where there is a criminal charge…

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Private Counsel Engaged By Victim To Assist Public Prosecutor Cannot Make Oral Argument or Cross Examine Witnesses

Rohit Pradhan | 21st November 2019 Facts: Appellate is wife of the deceased. Charges were made against Respondent 2 u/s 302 and 326 of IPC. While trial was in its…

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A detailed study of Unlawful Activities Prevention Act

AYUSH GARG | GUJARAT NATIONAL LAW UNIVERSITY  | 21st November 2019 Introduction Unlawful activities allude any move made by individual or affiliation (regardless of whether by submitting a demonstration or…

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Inhuman Conditions in Prisons

Sridhruti Chitrapu | 20th November 2019 Introduction The Public interest litigation has compelled the court to look into the matters relating to violations affecting the society at large and the…

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Order VIII Rule 6A CPC does not put blanket ban on filing of Counter-Claim after filing of Written Statement.

Rohit Pradhan | 19th November 2019 Ashok Kumar Kalra v. Wing CDR. Surendra Agnihotri & Ors., SLP (C) No. 23599 of 2018 Issue: Whether language of Order VIII Rule 6A…

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Child Labour- Legal Protection and Welfare

Aditya Tripathi & Himanshi Tripathi | Damodaram Sanjivayya National Law University, Visakhapatnam | 11th November 2019 Introduction: “Childhood should be carefree playing in sun, not living a NIGHTMARE in the…

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Prohibition of E-Cigarettes: A fatal step in the dark, An analysis

Aditya Shekhar & Abhishek Choudhary | National Law University, Jodhpur | 10th November 2019 INTRODUCTION Recently the Government of India had passed an ordinance to ban the import, export and…

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Space tourism: Legal issues and challenges in reference to India

Kartikey Mishra | Presidency university | 9th November 2019 INTRODUCTION With the growing nature of the economy tourism for the most parts has been a major source of growth. Specially…

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Transfer of Judges: The Opacity

Shashwat Bhutani | Faculty of Law, University of Allahabad | 9th November 2019 INTRODUCTION There has always been controversy regarding the transfer of a judge from one High Court to…

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IBC: The fate of Real estate buyers

Stuti Shreya | Amity law School | 8th November 2019 INTRODUCTION Be it the homebuyers of Unitech or Jaypee or Amrapali or any other real estate developer the legislation &…

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