The mere filing of the appeal would not operate as a stay
filing of appeal does not imply stay order-Sanjiv_Kumar_Singh_v__State_of_Bihar_and_Others
Protection of Children from Sexual Offences Act, 2012 — Ss. 7 to 12, 29 and 30 — “Sexual assault” as defined in S. 7 — Meaning and Ingredients of
Expressions “touches” or “touch” in first part of S. 7, and, “physical contact” in second part of S. 7, cannot be construed as “skin-to-skin” contact. The most important ingredient for…
Consumer Protection Act, 1986 — S. 23 — Appeal to Supreme Court
Provision of law applicable after coming into force of the 2019 Act: S. 23 of the 1986 Act provide that no appeal shall be entertained by Supreme Court unless the…
Constitution of India — Art. 226 — Scope of interference in Long-standing practice in service matters
Long practice which was being followed, if not contrary to law, must be given its true importance and ordinarily is not to be interfered with in exercise of power of…
Criminal Law — Criminal Trial — Witnesses
It could thus be seen that this Court in its celebrated judgment in the case of Vadivelu Thevarhas found that witnesses are of three types, viz., (a) wholly reliable; (b)…
Criminal Law — Criminal Trial — Practice and Procedure
Forum shopping: Two simultaneous proceedings, arising from same cause of action were initiated by the Respondent amounting to abuse of process of law which is barred. Held, Forum shopping has…
Criminal Procedure Code, 1973 — S. 439 — Grant of bail
The High Court has not assigned reasons for the grant of bail to the respondents accused and has granted bail by a cryptic order de hors any reasoning. However, the…
Constitution of India — Arts. 21, 32 and 226 — Constitutional/Public Law Torts/Public Safety — Violation of life and personal liberty
Fire accident resulting in death and injuries, thus joint and several liability of A) private organisers of the event for failure to take adequate safety precautions and vicarious liability of…
Evidence Act, 1872 — S 32(1) Penal Code, 1860- S 302 r/w S 34
Deceased wife allegedly burnt by her in laws on 20-12-2011, because of non fulfilment of their dowry demand Two dying declarations recorded, first by IO and second by magistrate. Magistrate…
Insolvency and Bankruptcy Laws — Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 — Regn. 34 — IBBI’s Circular dt. 12-6-2018:
Recording of reasons for fixation/determination of IRP/RP’s fee is necessary. Ad hoc determination of fee/non-consideration of basis of the claim or its reasonableness is not permissible. Held, setting aside of…