JMM Bribery Case- Is Bribery protected under Parliamentary Privilege?
Whether by virtue of Article 105 of the Constitution a Member of Parliament can claim immunity from prosecution on a charge of bribery in a criminal court? This was the…
Confession of a Co-accused- Section 30 of Evidence Act, 1872
Section 30 of the Evidence Act, 1872, provides that when more persons than one are being tried jointly for the same offence, and a confession made by one of such…
Queen Empress v. Abdullah (1885)- A Complete Analysis
The case of ‘Queen Empress v. Abdullah (1885), is a very important case in Evidence law. It was Allahabad High Court’s case and the bench was CJ. W C Petheram,…
If evidence is relevant the Court is not concerned with the method by which it was obtained.
If evidence is relevant the Court is not concerned with the method by which it was obtained. In Barindra Kumar Ghose & Ors. v. Emperor, ILR (1910) 37 Cal. 467…
An analysis of Surat Appellate court’s decision on Rahul Gandhi Defamation case
On 23rd March, 2023, Indian National Congress’s former President Rahul Gandhi was convicted by Surat court, for defamation in relation to his one statement against ‘modi surname’. However, He got…
Right of Information – An analysis
Right of information is a facet of ‘speech and expression’ as contained in Article 19(1)(a) of the Constitution of India. Right of information, thus, indisputably is a fundamental right. In…
Disqualification of MP and MLA- Lily Thomas Case
Recently, India saw a disqualification of Indian main opposition leader Rahul Gandhi from Parliament. He was convicted in a defamation case by Surat court and as a consequence of that…
What’s the difference between staying of conviction and suspension of Sentence?
India’s main opposition leader Rahul Gandhi, was disqualified from Loksabha membership after his conviction and two years sentence in consequence of that conviction, in a case of defamation. But, the…
Passing of law is not enough, law should also be reasonable
Article 21 is the foundation of the constitutional scheme. It grants to every person the right to life and personal liberty. This Article prescribes a negative mandate that no person…
The ‘Balancing of Interest’ Approach in Law
The First Amendment to the United States (US) Constitution, a bellwether in the pursuit of expanding the horizon of civil liberties. This Amendment provides for the freedom of speech of…