Allahabad HC's Direction To Constitute Family Welfare Committees To Look Into '498A' Complaints Violates Supreme Court Judgments

Taking 'guidance' from the judgment of the Supreme Court in Social Action Forum for Manav Adhikar Vs. Union of India, the Allahabad High Court recently directed constitution of 'Family Welfare Committee' to look into Section 498A IPC complaints.,Apparently, the Supreme Court judgment which guided the High Court, had declared that such directions are impermissible.The Supreme Court in...

Explainer : Which Is The 'Appropriate Government' To Grant Suspension, Remission And Commutation Of Sentences Under Section 432/433 CrPC?

Recently, the Supreme Court reiterated that the Governor has the power under Article 161 to remit/commute/pardon sentences imposed under Section 320 of the Indian Penal Code, 1860. A three-judge Bench of the Apex Court was considering the issue appertain to remission of sentence, against the backdrop of the Tamil Nadu Governor forwarding the recommendation of the State Cabinet approving...

Explainer : What Is Order 7 Rule 11 CPC? When Can Plaint Be Rejected?

The presentation of a plaint, i.e. the pleading of the plaintiff in a suit; marks the institution of a civil suit. The Civil Procedure Code, 1908, provides for the remedy of rejection of plaint under Order VII Rule 11, on certain specifically states grounds. Order VII Rule 11 provides: "Court shall reject a plaint: (a) where it does not disclose a cause of action; (b) where the relief...

When the Supreme Court Sat Outside New Delhi

The Supreme Court of India recently upheld the constitutionality of the National Green Tribunal Act, 2010 (Madhya Pradesh High Court Advocates Bar Association v. Union of India, W.P. (C) 433 of 2012). The petition had challenged the constitutionality of Section 14 read with Section 22 of the Act, which provided that any person aggrieved by the decision of the tribunal must approach the...

Abortion Laws In The US And Other Countries

Early this week, an initial draft majority opinion by conservative justice Samuel Alito of the US Supreme Court was published by Politico. The leaked document stated, Roe v Wade "must be overruled". The leaked document, drafted by Justice Alito touches various topics concerning the constitutionally protected right of abortion granted by Roe v Wade and the subsequent...

What Are The Basic Principles Relating To Bank Guarantees, Their Invocation & Interdiction? Delhi High Court Answers

The Delhi High Court has settled down the basic principles relating to bank guarantees, their invocation and the interdiction of such invocation. While observing that commercial contracts often contain clauses requiring the contractor to furnish bank guarantees, Justice C Hari Shankar said that such bank guarantees are either bank guarantees provided towards security for having been awarded...

Analysis of The Criminal Procedure (Identification) Bill, 2022

The Criminal Procedure (Identification) Bill, 2022 (hereinafter referred as the Bill) provides for collection of 'measurements' from any convict or a person arrested for an offence. The term 'measurement' used in the Bill has a broad scope insofar as it now includes not only the physical, behavioural attributes of a person but also, the biological samples. Furthermore, the Bill also...

Preventive Detention In India

Preventive detention is the detention of a person on a mere reasonable apprehension of him doing an activity dangerous to public order and security. Here, the person is confined in custody without undergoing a trial. Section 149-153 of CrPC[1] deals with the Preventive actions of the Police. Section 151 says that the police officer may arrest a person to prevent the commission of...

New Motor Vehicles Act Provisions Effective From April 1: Limitation For MACT Claims, Removal Of 2nd Schedule & More

New provisions of the Motor Vehicles Act relating to third party insurance and filing of claims before Motor Accident Claims Tribunal will come into force from tomorrow, April 1, 2022.The Central Government has notified that Sections 50 to 57 and 93 of the Motor Vehicles (Amendment Act) 2019 will come into force with effect from April 1, 2022.A notification issued by the Ministry of...

Insolvency Law In Review – January 2022

The enactment of the Insolvency and Bankruptcy Code 2016 (Code) has had significant ramifications on the corporate insolvency landscape. Over time, the Code has witnessed a manifold increase in litigation, and consequently in the number of decisions. This has made it difficult for insolvency practitioners to stay updated with developments in the field. This column fills this...

New Income Tax Rules Applicable From April 1, 2022: All You Need To Know

From April 1, 2022, a number of significant changes will take place that may affect your online transactions and expenses. Here are significant changes to be aware of.30% Tax Payable On Cryptocurrency Assets Sold At A Profit The Union Budget 2022-23 proposed a 30% tax on cryptocurrency assets. Beginning April 1, cryptocurrency gains will be taxed at 30%, which is the highest...

Making Of Will Yourself

The most certain thing in one's life comes at the very end of it - the certain call, the death. But life still goes on and beyond. And the dead lives among the alive in their memories that he leaves behind besides other things. There cannot be a dispute regarding the fond memories, for they can be shared without dispute but the 'other material things' most of the time become a...