Does Supreme Court bind to follow its previous Precedent?
Position in England In England, the Court of Appeal has imposed upon its power of review of earlier precedents a limitation, subject to certain exceptions. The limitation thus accepted is…
Appeal against inadequacy of Sentence- who can file appeal?
Section 377 of the CrPC has been enacted giving a special remedy by way of appeal for enhancement of sentence, and such a remedy by way of appeal is available…
The Necessity of Corroboration of Evidence and the Measurement of Punishment in Rape Cases
Sexual violence apart from being a dehumanizing act is an unlawful intrusion on the right of privacy and sanctity of a female. It is a serious blow to her supreme…
Person who is in ‘Live-in-Relationship’ also entitled to take benefit of Domestic Violence Act
The question for consideration came before Supreme Court in the case of ‘D Velusamy v. D. Patchaiammal, (2010)’. The Protection of Women from Domestic Violence Act, 2005 Section 2(a) of…
Can a Magistrate extend police custody beyond 15 days under section 167 of CrPC?- Complete Legal Position
The issue came for consideration before the Supreme Court in the case of ‘Central Bureau of Investigation v. Anupam J. Kulkarni (1992)’. Section 167 Before moving further it is relevant…
Can an Appellate Court dismiss the appeal without hearing the pleader?- Complete legal Position on the Issue
Under Chapter XXIX of the Criminal Procedure Code, Section 384, which deals with summary dismissal of appeals, enables the Appellate Court to summarily dismiss an appeal “if upon examining the…
Judicial Confession- It is necessary that the provisions of section 164 should be strictly complied with
Judicial Confession under Section 164 Section 164 of CrPC provides for the judicial confession of the accused. It reads as follows- “(1) Any Metropolitan Magistrate or Judicial Magistrate may, whether…
Anuj Garg v. Hotel Association of India (2007)- A case when court upheld the right of women to work in such premises where liquor is served
The petition challenged the constitutional validity Section 30 of the Punjab Excise Act, 1914 prohibiting employment of “any man under the age of 25 years” or “any woman” in any…
The Introduction of Article 18 in the Constitution
Article 18 of the Constitution which reads as follows: “18. Abolition of titles. – (1) No title, not being a military or academic distinction, shall be conferred by the State.…
Balaji Raghavan v. UOI (1995) – A Case for the Abolishment of Civilian Awards
The case of ‘Balaji Raghavan v. UOI (1995)’ is an important and interesting case, It challenged the conferment of Civilian Awards like Bharat Ratna, Padma Vibhushan, Padma Bushans to Indian…