Indian Law Dealing With Narcotics Drugs (NDPS Act): An Explainer

Recently, Shah Rukh Khan's son Aryan Khan along with seven others were charged with various sections under Narcotic Drugs and Psychotropic Substances Act,1985 (NDPS Act). The following article shall seek to explain the legislative intent behind the law, the offences therein, the punishment prescribed and the provisions for bail etc. The NDPS Act was enacted with the objective...

Insolvency Law In Review- August 2021

A round-up of significant rulings on the Insolvency and Bankruptcy Code, 2016 in the month of August.

The Concept Of 'Detention' Under Section 167 (2) Cr.P.C. And Its Scope,Range And Legality – Part - I [Webinar Video And Notes]

An order by a Magistrate for the detention of a person, whether in "police custody" or "judicial custody" under Section 167 (2) Cr. P.C, pre-supposes an "arrest" of such person before such order. The 3 modes of arrest laid down in Section 46 Cr.P.C are – by physically touching the body of the person to be arrested, orby confining the body of the person to be arrested, orby the...

Clause Barring Payment Of Interest Not Hit By Section 28 Contract Act : Supreme Court

The Supreme Court has held that a clause in an agreement barring payment of interest on amounts security deposit, earnest money deposit or any other amount will not be hit by Section 28 of the Contract Act. According to Section 28 of the Indian Contract Act, a contract is void to the extent it restricts absolutely a party from enforcing his rights by usual proceedings in ordinary courts or if...

Specific Performance - 'Readiness' & 'Willingness' Can't Be Proved For First Time Before HC Through Affidavit Without Amending Pleadings : Supreme Court

"Once it is found on appreciation of evidence that there was no willingness on the part of the plaintiff, the plaintiff is not entitled to the decree for specific performance"

Constitution (105th Amendment) Act Deemed To Be In Force From 15th August, 2021; Power To Identify SEBCs Back To State Govts And UTs

The Constitution (One Hundred and Fifth Amendment) Act, 2021 has come into force from 15th August, 2021, a recent notification of the Ministry of Social Justice and Empowerment provides. The 105th Amendment Act which received the assent of the President last month restores the power of the State Governments and Union Territories to identify and specify Socially and Economically...

The Medical Termination of Pregnancy (Amendment) Act, 2021- Progressive But Not Far Enough

The Medical Termination of Pregnancy (Amendment) Act, 2021[1] ('Act') has come into force with effect from 24th September 2021. The Act amends the Medical Termination of Pregnancy Act 1971 ('MTP Act') which regulates the conditions under which medical termination of pregnancy be pursued. The Act inter alia modifies Section 3 of the MTP Act to extend the upper limit for...

Examining A Sexual Harassment Complaint

The foundation of freedom, justice and peace in the world roots from the recognition of inherent dignity and of the equal and inalienable rights of all the members of the human family. Women are thus entitled to human rights, including the right to live free from violence and discrimination. However, even after great strides made by the International women's rights movements over...

Compulsory Registration Of Child Marriages : Understanding The Issue

The Rajasthan State Legislative Assembly passed a bill to amend Rajasthan Compulsory Registration of Marriages Act, 2009, which provides for mandatory registration of marriages, including child marriages. This has generated a lot of controversy and outrage. Thus, it is important to know about the law prohibiting child marriages as well as the background of compulsory marriage...

Is Taking Voice Sample From Accused Without His Consent Unconstitutional?

The Rajasthan High Court recently dismissed a plea of an accused in which he contended that his voice sample cannot be taken against his wishes, as it would amount to self-incrimination under Article 20 of the Constitution of India. Justice Pushpendra Singh Bhati, in this regard, referred to the Supreme Court judgment in Ritesh Sinha Vs. State of Uttar Pradesh. This piece intends to examine...

Difference Lies In The Degree Of The Act: Supreme Court Explains Subtle Distinction Between Culpable Homicide U/s 304 IPC & Murder

In a judgment delivered on Wednesday (15 September 2021), the Supreme Court explained the difference between culpable homicide under Section 304 of the Indian Penal Code and murder under Section 300 IPC.The court observed that, though it difficult to distinguish between culpable homicide and murder as both involve death, there is a subtle distinction of intention and knowledge involved in...

Commercial Suits & Requirement Of Establishing Reasonable Cause For Non Disclosure Of Documents Under Order XI Rule 1 (4) CPC: Supreme Court Explains

The Supreme Court observed that the requirement under Order XI Rule 1(4) of Code of Civil Procedure (as applicable to commercial suits) of establishing the reasonable cause for non disclosure of the documents along with the plaint under shall not be applicable if it is averred and it is the case of the plaintiff that those documents have been found subsequently and in fact were...