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27 Jan 2025

Posted by: Aishwarya Chourasia

Handcuffing: Necessity Or Violation Of Rights?

“Handcuffing is prima facie inhuman and, therefore, unreasonable; it should be the last resort, not the first reflex." - Justice Krishna Iyer Handcuffing has long been depicted in popular media as a symbol of arrest, but in legal terms, it has been a subject of scrutiny. Indian law has historically viewed handcuffing as a violation of personal dignity, with the judiciary emphasizing its use only in exceptional cases. Recent changes in the Bhartiya Nagarik Suraksha Sanhita,2023 (BNSS) law, however, grant broader....

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27 Jan 2025

Posted by: Aishwarya Chourasia

Can Section 148 of The Bharatiya Sakshya Adhiniyam 2023 be used to cross-examine a witness on their Section 180(3) statement?

Introduction In criminal trials, cross-examination is a critical tool for the defense to challenge the credibility of a witness. An essential question in this process is whether the defense can cross-examine a prosecution witness using both limbs of Section 148 of The Bharatiya Saksya Adhiniyam, 2023(BSA) when referring to statements made under Section 180(3) of the Criminal Procedure Code (BNSS.). This issue has been explored in depth in landmark rulings, including the famous case of Tahsildar Singh v. State of....

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26 Jan 2025

Posted by: Aishwarya Chourasia

India's Uniform Civil Code: Legal Perspectives and Challenges

The Uniform Civil Code (UCC) remains one of India’s most debated legal issues, seeking to replace the existing personal laws governing marriage, divorce, inheritance, and adoption with a single, secular law applicable to all citizens, irrespective of religion. The demand for a UCC stems from the desire to foster equality, gender justice, and national integration, but its implementation presents significant legal, social, and cultural challenges. What is the Uniform Civil Code? A Uniform Civil Code is envisioned as a set....

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26 Jan 2025

Posted by: Aishwarya Chourasia

Live-In Relationships ‘High Time to Find Solutions to Save Society’s Moral Values’: Allahabad High Court

The Allahabad High Court, recently expressed concerns about the growing popularity of live-in relationships among the youth, particularly due to the lack of social sanction. It observed that while these relationships have no formal acceptance in society, they are increasingly being favored by young people who seek the freedom to avoid long-term commitments. The Court emphasized that it is crucial to create a framework to preserve moral values in society while addressing the evolving nature of relationships. Court’s Remarks on....

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25 Jan 2025

Posted by: Aishwarya Chourasia

Karnataka HC Declines Wife's Plea To Transfer Divorce Case, Says Safeguarding Women Is Admirable But Husband's Convenience Can't Be Overlooked

The Karnataka High Court made a landmark ruling, rejecting a wife’s plea to transfer her divorce case to a more convenient court. The decision highlighted the importance of gender-neutral justice, emphasizing fairness and the need to balance both parties' rights and convenience, without bias towards either gender. The Case in Brief The wife sought to move her divorce case from Narasimharajapura to Hosanagara Taluk, citing the 130-kilometer distance as a logistical hardship. The husband opposed this, arguing that he was....

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25 Jan 2025

Posted by: Aishwarya Chourasia

Supreme Court Drops Harassment Case, Highlights Abuse of laws in Workplace Disputes

The Supreme Court of India, in a significant judgment, quashed a workplace harassment case filed by a female employee against her colleagues. The Court observed that the allegations, which stemmed from employment-related disputes, had been exaggerated into a criminal matter with the intent of pressurizing the appellants into settling the dispute. This case offers an important lesson in distinguishing between civil disputes and criminal allegations and reinforces the legal principle that criminal proceedings should not be used as leverage in....

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24 Jan 2025

Posted by: Aishwarya Chourasia

"Sambhal Demolition Sparks Contempt Petition for Disregarding Supreme Court Directives"

Introduction In a significant legal development, a Contempt Petition has been filed before the Supreme Court of India against the Uttar Pradesh (UP) authorities for allegedly violating the Court’s directions related to property demolitions. The petition concerns the demolition of a property in Sambhal, UP that occurred between January 10-11, 2025, despite a clear directive from the Court in November 2024 prohibiting such actions without prior notice and an opportunity for a hearing. Factual Background Mohammed Ghayoora, the petitioner, claims....

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24 Jan 2025

Posted by: Aishwarya Chourasia

India’s 76th Republic Day Theme: "Swarnim Bharat – Virasat Aur Vikas"

"Let us not forget that freedom is not given; it is won through hard work, sacrifice, and struggle." – Lal Bahadur Shastri India’s 76th Republic Day is a landmark celebration that pays tribute to the nation’s rich history, cultural heritage, and remarkable progress. The theme for this year, "Swarnim Bharat – Virasat Aur Vikas" (Golden India – Heritage and Development), beautifully encapsulates the country's journey from its historical roots to its vision for a prosperous future.. The Theme of Republic....

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23 Jan 2025

Posted by: Aishwarya Chourasia

Village Police Patil Not Police Officer; Confession To Him Admissible As Extra Judicial Confession : Supreme Court

In a recent decision, the Supreme Court of India, in the case Sadashiv Dondiram Patil v. The State of Maharashtra (2025 LiveLaw SC 97), underscored the nature of extra-judicial confessions and clarified the principles governing their admissibility in criminal trials. This decision delves into several facets of criminal jurisprudence, particularly the weight of extra-judicial confessions, the burden of proof, and the standard of proof required to establish guilt in a murder case. The Case Background The appellant in this case,....

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23 Jan 2025

Posted by: Aishwarya Chourasia

Pataudi's ₹15,000 Crore Properties May Be Declared 'Enemy Property': Understanding the Enemy Property Act, 1968

The ongoing legal battle over the Pataudi family's ancestral properties has recently come to the forefront, particularly with actor Saif Ali Khan embroiled in a dispute over assets valued at a staggering Rs 15,000 crore. The controversy stems from a decision by the Madhya Pradesh High Court that lifted a 2015 stay, enabling the government to potentially seize these properties under the Enemy Property Act, 1968. What is Enemy Property? Under the Enemy Property Act, enemy property refers to any....

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