About 1491 results

Markandey
Markandey Katju 12 Oct 2024

The purpose of making the Indian Constitution
In Western countries like USA, Britain, France, etc the purpose of having a Constitution, whether written ( as in USA, France, Germany etc ) or unwritten ( as in U.K. ) is basically (1) to set up the organs of…

Team  SoOLEGAL
Team SoOLEGAL 10 Oct 2024

IRRETRIEVABLY BREAKDOWN OF MARRIAGE
The institution of marriage holds significant importance and plays a crucial role in society. Despite the rising trend of divorce cases being filed in courts, marriage is still regarded as a sacred, spiritual, and deeply emotional bond between husband and…

Markandey
Markandey Katju 9 Oct 2024

Justice Nagarathna
I have been motivated to write this article by the judgments and speeches of Justice BV Nagarathna, Judge of the Indian Supreme Court, whom I greatly admire, and who is in line of becoming the first woman Chief Justice of…

Team  SoOLEGAL
Team SoOLEGAL 8 Oct 2024

LIVE-IN RELATION AND LAWS IN INDIA
INTRODUCTION Live-in relationships are the newest form of cohabitation among partners who are not legally married to each other. Its acceptance in India, especially in cities, is unprecedented. Yet, the practice has always been a matter of debate, particularly on…

Markandey
Markandey Katju 4 Oct 2024

Duty to defend
Several Bar Associations in India, whether High Court Bar Associations or District Court Bar Associations, often pass resolutions that their members will not defend a particular person or persons accused in a criminal case. Sometimes there are clashes between policemen and lawyers,…

Markandey
Markandey Katju 28 Aug 2024

The dilemma for Pakistanis
Section 123A of the Pakistan Penal Code states :''Condemnation of the creation of the State, and advocacy of abolition of its sovereignty:(1)Whoever, within or without Pakistan, with intent to influence, or knowing it to be likely that he will influence,…

RAJVEER
RAJVEER SINGH 13 Aug 2024

Prosecution Can't Seek To Prove In Trial A Fact Which Witness Hasn't Told Police During Investigation
The Supreme Court, while allowing the criminal appeal of the accused-appellant, observed that during a trial, the prosecution could not seek to prove a fact that the witness has not stated in his/her statement under Section 161 (Examination of witnesses…

RAJVEER
RAJVEER SINGH 13 Aug 2024

Accused Doesn't Lose A Defence Merely Because That Plea Wasn't Taken In S.313 CrPC Statment
The Supreme Court, in its recent judgment (on January 04), reiterated the well-established law that the statement recorded under Section 313 (Power to examine the accused) of the Code Of Criminal Procedure, 1973, cannot form the sole basis of conviction.The…

RAJVEER
RAJVEER SINGH 13 Aug 2024

Extra-Judicial Confession Can't Be Strong Evidence If Not Supported by Other Evidence On Record
The Supreme Court on Tuesday (February 20) observed that when the case of the prosecution is entirely based on the extra-judicial confession being circumstantial in nature then the accused cannot be convicted for the offence unless the chain of circumstances…

RAJVEER
RAJVEER SINGH 13 Aug 2024

Conviction Can't Be Set Aside Merely Because Prosecution Witness Turned Hostile
The Supreme Court on Wednesday (May 08) held that the evidence of a prosecution witness cannot be rejected in toto merely because the prosecution chose to treat him as hostile and cross-examined him.Affirming the decision of the High Court and…
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