Know The Constitution[PART-II] The Constituent Assembly- The Origin Story

We Are Introducing A New Series In LiveLaw -'Know The Constitution'If the Constitution has to be of the people, by the people and for the people, it must first capture the imagination of the masses.The 'Know the Constitution' series is a humble attempt by the team of LiveLaw to unravel the Indian Constitution in all its majesty. The aim is to demystify the Indian Constitution one Article,...

'Restitutionary Damages' Vs. 'Compensatory Damages' For Breach Of Contract: Madras High Court Explains

In a significant judgment pertaining to breach of contract, the Madras High Court ventured into when a party aggrieved is entitled to compensatory damages and under what circumstances the Court may grant restitutionary damages by way of an account of profits.Compensatory damages are awarded to redress the loss suffered by an aggrieved party. Whereas, restitutionary damages are more in the...

Right To Appeal Against Acquittal Under Criminal Procedure Code, 1973 : The Rule Of Victim v. Complainant

Right to appeal in criminal law jurisprudence acquires a special position, since it draws upon the ideological base of Article 21 of the Constitution of India. As per Article 21 of the constitution, life and personal liberty of a person cannot be taken away by state except in accordance with the procedure established by law. The procedure established by law has been creatively interpreted by the Supreme Court to include within its scope the implicit guarantee of a fair, just and...

Is An Accused's Anticipatory Bail Plea Maintainable If He Is Already In Judicial Custody In Another Crime? –Bombay High Court Rules

The Bombay High Court has held that an accused can be granted anticipatory bail even if he is in prison in connection with another offence, and that every case registered against an accused would have to be decided on its own merits. Adjudicating a petition for anticipatory bail under section 438 of the Criminal Procedure Code (CrPC), the question before the court was "Whether...

Ingredients Necessary To Prove Charges Under Section 409, 420 & 477A IPC: Supreme Court Explains

In a judgment delivered on Monday ( 13 December 2021), the Supreme Court explained the ingredients necessary to prove a charge under Section 409, 420 and 477A of the Indian Penal Code.The bench comprising CJI NV Ramana, Surya Kant and Hima Kohli made these observations while allowing appeal filed by an accused who was concurrently convicted under Sections 409, 420, and 477A of the Indian...

What Is India's Judges to Population Ratio?

Union Law Minister Kiren Rijiju informed the Lok Sabha by a written reply that the nation currently has 21.03 judges per million population. The statement was in response to question posed by members of Parliament seeking the Law Minister's response on the judges-to-population ratio. Mr. Rijiju stated in his response that as on 31.10.2021 the judge to population ratio (Judge...

Bird's Eye View On The Testimony Of Child Witness In Criminal Trial

INTRODUCTION:- Neither the substantive law nor procedural law defines the term of child witness. However, section 118 of Evidence Act contemplates that "All persons shall be competent to testify unless the court consider that they are prevented from understanding question put to them or from giving rational answers to those questions, by tender years, extreme old age, disease whether...

Arbitration Court Reckoner :August-October 2021 (Part 1)

By way of the present column, an attempt is made to briefly review the salutary judgments pronounced by the Courts in the months of August & October 2021 under the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the 'Act'). While as many judgments as possible are sought to be reviewed, owing to the limited column space, some judgments would invariably be left...

Can An Accused Seek To Be Subjected To Narco Analysis Test To Prove His Innocence? Kerala High Court Answers

In a recent judgment, the Kerala High Court has declined to allow the plea of an accused in a POCSO case where he voluntarily submitted to undergo a narco analysis test to prove his innocence in the matter. Observing that even if allowed, the statements obtained through the test are not admissible in law, Justice M.R. Anitha held:"The revelations brought out during Narco Analysis under...

Insolvency Law In Review – October 2021

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...

Explained : Does AFSPA Give Total Immunity To Armed Forces For Killing Civilians?

The death of at least 14 civilians in Nagaland on Saturday evening as a result of the action of the Armed Forces has brought back into focus the controversial Armed Forces (Special Powers) Act, 1958. The Act which came into force in the context of insurgency in the Northeastern States decades ago provides "special power" to the Armed Forces applies to the Army, the Air Force and the...

On What Grounds Can Invocation Of A Bank Guarantee Be Restrained? Calcutta High Court Explains

The Calcutta High Court recently had the opportunity to expound on the issue as to on what grounds can the invocation of a bank guarantee be restrained. Justice Moushumi Bhattacharya was adjudicating upon an application moved under Section 9 of the Arbitration and Conciliation Act, 1996 (Act). In the instant case, vide an order dated May 10, 2021 a Single Judge had restrained the respondent...