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The Supreme Court of India recently quashed charges of abetment of suicide under Section 306 of the Indian Penal Code (IPC)(Now Section 108 of Bharatiya Nyaya Sanhita,2023), emphasizing that for such charges to hold, the alleged harassment must be so severe that it leaves the victim with no alternative but to end their life. Additionally, it must be established that the accused had the intention to aid or abet the deceased in committing suicide. Understanding Abetment of Suicide under Section....
Read MoreIn legal terms, an actionable claim refers to a right that a person holds to recover a debt or a beneficial interest in property through a legal proceeding. Unlike tangible assets that can be physically possessed, an actionable claim exists as a legal right recognized by civil courts, allowing the claimant to seek relief. This concept plays a crucial role in property law, particularly in matters involving debts and claims over movable property. Definition Under Section 3 of the Transfer....
Read MoreAttestation plays a crucial role in property transactions, ensuring that the execution of a transfer document is genuine and legally valid. In the context of property law, attestation involves witnesses verifying that the transferor has signed or executed the deed of transfer. This process safeguards the legitimacy of property transfers and prevents fraudulent claims. Oral and Written Transfers Under the Transfer of Property Act Property can be transferred either orally or through a written document. Section 9 of the Transfer....
Read MoreThe long-standing legal battle surrounding the Krishna Janmabhoomi-Shahi Idgah dispute in Mathura continues to unfold in the Allahabad High Court. The latest hearing, presided over by Justice Ram Manohar Narain Mishra, has now been scheduled for March 5, 2025, marking another critical juncture in this complex legal contest. Background of the Dispute The controversy revolves around the Shahi Idgah mosque, which is alleged to have been constructed during the Mughal era under Emperor Aurangzeb, purportedly after demolishing a temple at....
Read MoreThe Supreme Court of India has reaffirmed that merely informing the relatives of an arrestee does not satisfy the requirement of informing the arrestee of the grounds of arrest under Article 22(1) of the Indian Constitution. This decision prevents arbitrary arrests and upholds individual rights. Understanding Article 22(1) of the Indian Constitution Article 22(1) mandates that an arrested person must be informed of the grounds of arrest and has the right to legal representation. This provision ensures procedural fairness and....
Read MoreWhen a legal dispute arises, the first crucial step is determining where the lawsuit should be filed. The place of suing refers to the appropriate court where a case must be initiated. This ensures that the case is heard by a court with the right jurisdiction, leading to an efficient and fair resolution. The Code of Civil Procedure (CPC) provides clear guidelines on where legal actions should be instituted, preventing unnecessary delays and improper filings. Court of Proper Jurisdiction (Section....
Read MoreThe term sub judice is derived from Latin, meaning "under judgment." It signifies that a particular matter or case is actively being considered by a court or a judge. In legal proceedings, this principle plays a crucial role in preventing conflicting decisions and ensuring judicial efficiency. Meaning and Application of the Sub Judice Rule When multiple cases involving the same parties and the same subject matter are filed in different courts, the competent court has the authority to stay (pause)....
Read MoreIn Gambhir Singh v. State of Uttar Pradesh, 2025 SC 175 the Supreme Court acquitted an individual who had been sentenced to death for the gruesome murder of his six family members, including his four children and brother. The prosecution's case was primarily based on circumstantial evidence, alleging that the appellant committed the murders due to a land dispute. However, the Court found significant gaps in the prosecution's case, which ultimately led to the acquittal. The investigation was deemed faulty, with....
Read MoreIntroduction Order 40 of the Civil Procedure Code (CPC) outlines the rules regarding the appointment of a receiver. Simply put, a receiver is a neutral individual appointed by the court to take possession of and manage property or funds that are the subject of a legal dispute. The receiver ensures that the property is preserved and maintained while the case is ongoing. Before defining a receiver, it is important to understand that a receiver is an officer of the court.....
Read MoreThe "Right to Die" concept centers on allowing individuals, especially those with terminal illnesses, to end their life or refuse life-sustaining treatment. In India, this concept has evolved through key legal rulings, addressing ethical, moral, and legal challenges surrounding euthanasia. As Dr. Jack Kevorkian once said, “For those who are facing a terminal illness, who are in irremediable pain and suffering, and wish to exercise their right to die with dignity, a system should be available to them.” Understanding the....
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