EXPLAINED | Can Conviction Under IPC 498A Sustain If Marriage Is Declared Null & Void?

The Supreme Court on February 09 set aside the conviction of three persons under Section 498-A of the Indian Penal Code. It observed that the conviction would not be sustainable as the marriage has been found to be null and void. Under Section 498-A IPC, a husband or his relatives can be sentenced to a jail term of three years for subjecting the wife to cruelty.The CaseIn the case from...

Articles Of Association: The First Principles

To incorporate the company, the company goes through the process of incorporation and for this the company needs to have a constitution. The main aspect of the company’s constitution is originated in the articles of the association because it governs management of Company, which includes the rules and regulations along with the company’s objectives. It is the contract which contains...

Important Judgments on Section 125 CrPC

“This provision is a measure of social justice and specially enacted to protect women and children and falls within the constitutional sweep of Article 15(3) reinforced by Article 39. We have no doubt that sections of statutes calling for construction by courts are not petrified print but vibrant words with social functions to fulfil. The brooding presence of the...

Maritime Law And Its Conception

Marine law, often known as admiralty law, is a corpus of rules, conventions, and treaties that govern private maritime enterprise and other nautical problems such as shipping or open-water infractions. The Law of the Sea refers to international norms that control the use of the oceans and seas. In English-speaking countries, the terms “admiralty” and “jurisdiction”...

Guidelines On Sexual Assault Cases: Roles And Responsibilities Of Police Officials And Other Stakeholders

Given rising instances of sexual assault, the importance of taking drastic measures to curb the menace of sexual violence cannot be gainsaid. Apparently, there are laws that abjure the evil and attempt to rid the society of its demonic presence. Yet, sexual violence has escalated leaps and bounds into an epidemic that State now has little control over. To speak of the...

Lifting Or Piercing Of Corporate Veil

Owing to the rising economic development and advancements within the corporate framework, the corporate world has witnessed various false statements, frauds, and insider trading. The concept of 'Corporate Veil' came into being in order to safeguard the members from the actions of the company. This piece of writing will discuss the "Piercing of Corporate Veil" underneath the "Companies Act...

A Move Towards Ease Of Doing Business: Amended Definition Of A Small Company

The Ministry of Corporate Affairs ("MCA") has recently implemented a number of initiatives aimed at making it easier for companies to conduct their business and function with ease, a few of these are as follows: extending fast track mergers to start-ups, encouraging the incorporation of One Person Company ("OPC"), decriminalizing certain aspects of the Companies Act, 2013 r/w the...

What Constitutes Substantial Foetal Abnormalities Under Medical Termination Of Pregnancy Act? Delhi High Court Explains

Overruling a medical board's opinion, the Delhi High Court on Tuesday allowed a 26-year-old woman to undergo termination of pregnancy at the stage of 33 weeks. While the first three ultrasounds of the woman had not shown any abnormalities in the foetus, the November 12 report revealed "significantly dilated left lateral ventricle of the brain". Despite the cerebral abnormality, a medical board...

Section 319 CrPC : 12 Guidelines Issued By Supreme Court's Constitution Bench To Summon Additional Accused During Trial

A Constitution Bench of the Supreme Court issued elaborate guidelines today regarding the excercise of powers under Section 319 of the Code of Criminal Procedure for summoning additional accused during trial.A bench comprising Justices S Abdul Nazeer, BR Gavai, AS Bopanna, V Ramasubramanian and BV Nagarathna issued the guidelines while answering certain issues referred to it.What are...

Explained | Shraddha Walker Case: Narco-Analysis Test And Legal Position

Aaftab Amin Poonawala, who is accused of the gruesome murder of his live-in partner Shraddha Walker, was taken to a hospital in Delhi's Rohini on Thursday for a narco-analysis test. The scientific technique is used to elicit concealed information from an accused in a criminal case for furtherance of investigation. But what are the implications of such investigative tools in criminal cases?...

When Can A Citizen's Right To Travel Abroad Be Restricted? Explained With Judgments

The Pulitzer-winning photojournalist Sana Irshad Mattoo on Tuesday said she was again stopped from travelling to New York. She was on her way to the US to receive the international award when she was stopped by the immigration authorities at New Delhi's Indira Gandhi International Airport. In a tweet, she said she was holding a valid US visa and travel ticket.The 28-year-old was also stopped...

Explained | UAPA Prosecution Sanction, Process and Interpretations

The Nagpur Bench of Bombay High Court Friday ordered release of former Delhi University Professor GN Saibaba and five others in a UAPA case that accused them of being members and sympathisers of the banned CPI (Maoist). A day later, the judgement was suspended by the Supreme Court.The high court in its decision on the appeals against the conviction held the trial to be "null and void"...