The Discretion of the Court while Granting Decree of Specific Performance
Section 20(1) of the Specific Relief Act, 1963 provides that the jurisdiction to decree specific performance is discretionary, and the court is not bound to grant such relief, merely because…
Are Unregistered Awards binding?
Section 17 of the Registration Act, talks about the compulsory registration, it reads thus: “17. Documents of which registration is compulsory.- (1) The following documents shall be registered, if the…
The Definition of ‘Compelling Reasons’ in Acquittal of the Accused
The Supreme Court said in Sanwat Singh v. State of Rajasthan (1960), that in recent years the words “compelling reasons” have become words of magic incantation in every appeal against…
Restoration of Employment and Natural Justice: Supreme Court’s Verdict in Basudev Dutta v. State of West Bengal
Introduction The Supreme Court of India, in Basudev Dutta v. The State of West Bengal & Ors., Civil Appeal No. 13919 of 2024, set aside the termination of a government…
The Prosecution in Criminal Conspiracy and Section 10 of the Evidence Act
To prove the charge of criminal conspiracy the prosecution is required to establish that two or more persons had agreed to do or caused to be done, an illegal act…
Whether Confession should be necessarily communicated to another person? – Supreme Court Law
The soliloquy of the accused admitting his guilt is not an extra-judicial confession as the Courts held in Sahoo v. State of UP (1965). It was argued that it is…
Private Pornography and Masturbation does not constitute as cruelty: Madras High Court Judgment
Introduction: The recent judgment in C.M.A(MD) Nos.460 & 1515 of 2024, delivered by the Hon’ble Justices G.R. Swaminathan and R. Poornima, examines crucial legal principles under the Hindu Marriage Act,…
Quashing of Criminal Proceedings in Light of Subsequent Marriage: Mahesh Mukund Patel v. State of U.P.
Introduction The Supreme Court of India, in Mahesh Mukund Patel v. State of U.P. & Ors., Criminal Appeal No. 001005/2025, quashed criminal proceedings against the appellant, citing the subsequent marriage…
Excessive Media Prejudicial Publicity? – When can Court Restrain Press from Reporting
The principle of open justice is not absolute. There can be exceptions in the interest of administration of justice. In Naresh Shridhar Mirajkar v. State of Maharashtra ,, the High…
Report of a Judicial Proceeding- The Extent of Pre-Restraint Orders against Reporting
Section 2 of Contempt of Court Act, 1971, defines “contempt”, “civil contempt” and “criminal contempt”. In the context of contempt on account of publications which are not fair and accurate…