Legal Blogs

Written By: Ayantika Mondal

Posted On: 02 November, 2024

The Supreme Court of India recently clarified the scope of Section 353 of the Indian Penal Code (IPC), which pertains to the offence of assault against public servants, ruling that shouting and threatening alone do not constitute an assault. The bench, comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah, quashed the proceedings under Section 353 of the IPC against an Indian Institute of Astrophysics employee who allegedly threatened and shouted at Central Administrative Tribunal (CAT) staff members while inspecting his service dismissal files.

Written By: Advocate Anik

Posted On: 02 November, 2024

In the recent judgment of the Supreme Court in Lenin Kumar Ray v. M/s Express Publications (Madurai) Ltd. the court sheds light on some of the principles of employment law in India, particularly with regard to the definition of "workman" and procedural compliance in the termination of employees. The case originated from a dispute over dismissal and had important questions relating to the Industrial Disputes Act (IDA) and its interpretation regarding supervisory designations, salary limits, and the retrospective effect of legislative amendments.

Written By: Advocate Anik

Posted On: 02 November, 2024

The recent judgment of the Supreme Court of India dealt with a substantial part of the criminal law concerning the acceptability and credibility of the oral dying declaration. The Court, in its judgment also noted that special care has to be taken before oral dying declarations particularly those made to nearer relations before the accused can be convicted on the basis of such evidence. The above decision is a testimony that this Court has not relinquished its constitutional duty of ascertaining justice based on sound material facts to safeguard the rights of the accused persons.

Written By: Kishan Dutt

Posted On: 30 October, 2024

When a family moves from one city to another, there is transfer of all their belongings, children are transferred from one school to another, job transfers are done, even legal identification documents are transferred to the new address. However, when it comes to legal matters pending before a Court, can they be transferred to another Court? We are not talking about a family shift but a Court case where transfer is sought from one jurisdiction to another, it could be a district, a city, or even a state. To transfer a Case from one Court to another, it is crucial to understand the legal standing in this regard, as addressed below.

Written By: Kalpana Sanap

Posted On: 28 October, 2024

Explore how to prove false promise of marriage in accordance with Section 69 of BNS which punishes sexual intercourse by deceitful means.

Written By: Kalpana Sanap

Posted On: 28 October, 2024

The Import of Sex Toys and Customs Notice can haunt anyone due to legal complications. The subject has been broken down and explained here.

Written By: Advocate Anik

Posted On: 25 October, 2024

ABSTRACT The ‘child in conflict with law’ (CCIL) is the minor who is in their tender age who gets into the legal disputes where they are not treated as the adults undergoing the criminal procedure but will have to answer to the authorities by being in the safe environment where care and protection is given to those juveniles.

Written By: Advocate Anik

Posted On: 25 October, 2024

Muhammadan Law, a branch of the Islamic law, emanates from the Holy Quran as understood and explained by Angel Gabriel as the divine ordainer as said to have been given to the Prophet. According to Section 34, Chapter IV of Mulla’s Principles of Muhammadan Law by Hidayatullah, the Nineteenth Edition it is unlawful for the courts to expound the Quran in a way that will go against the approved readings by the elderly renowned experts in Islam. According to Islam, marriage is a contract between man and wife.

Written By: Advocate Anik

Posted On: 25 October, 2024

CASE NAME : IDBI BANK LTD VS RAMSWAROOP DALIYA AND ORS. CASE NO. : (Arising out of S.L.P. (C) Nos. 8159-8160 OF 2023) DATED : OCTOBER 16, 2024 QUORUM : PANKAJ MITHAL, J, R. MAHADEVAN

Written By: Advocate Anik

Posted On: 23 October, 2024

CASE NAME: Sajeena Ikhbal & Ors. V. Mini Babu George & Ors. CASE NO.: Civil Appeal No(s). 7880 DATED: OCTOBER 17TH, 2024. QUORUM: Prashant Kumar Mishra. J

Written By: Advocate Anik

Posted On: 23 October, 2024

INTRODUCTION The Supreme Court of India came across the issue of maintainability of the Writ Petition filed by fugitive, as declared by the court order. Solicitor General for State of Maharashtra, raised the objection that fugitive cannot seek the remedy under the Article 32 of the Indian Constitution.

Written By: Advocate Anik

Posted On: 23 October, 2024

INTRODUCTION The Bar Council of India has issued a circular stating that junior advocates in the urban area shall be paid a monthly stipend of rupees twenty thousand each month and the junior advocates in rural areas shall be paid rupees fifteen thousand per month. The directive was issued on 15 October 2023.