Jurisdictio Omnis

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[Cr. Rev.No. 1081 of 2013] Recently the High Court of Jharkhand in the present case held that the 2018 Judgment of SCon quashing of adultery which was punishable under IPC to have a retrospective application. The Court in the present petition set aside the order of the conviction. The court making such an order laid an emphasis on the Judgment passed in the case of Major General AS Gauraya and ANs v…. Read More

On 12 October, 1993 The National Human Rights Commission (NHRC) of India was established under the Protection of Human Rights Act (PHRA), 1993. It is constituted to proactively promote and protect human rights in India. Section 2(1)(d) of the PHRA defines Human Rights as the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India…. Read More

Civil Appeal no. 1879 of 2003 Facts: The respondent (Ashok Works Pvt Ltd) applied to the appellant (Karnataka Power Transmission Corporation or KPTC) for the supply of electricity. The KPTC failed to comply and the respondent filed a complaint with Karnataka high court. Later agreeing to the court order the respondent paid extra monetary demand but the KPTC failed to supply the electricity. The respondent filed a consumer complaint claiming damages but… Read More

Insider trading means possession and misuse of unpublished price sensitive information (UPSI) relating to the securities of the listed companies by the privileged few for their personal gains before the information is published and comes to the notice of investors. Possession of such vital information places them in a position advantageous to them compared to the others in the share market while evaluating the risks involved in the investment. Thereby for the… Read More

The doctrine Res Judicata has evolved from the English Common Law. It plays a crucial role in Administrative law. This maxim is used to prevent the re-judgment of matters which have already been decided upon. This doctrine is also known as the “Rule of Conclusiveness of Judgment” is covered under Section 11 of the Civil Procedure Code. This doctrine has been explained in the famous landmark case – Satyadhyan Ghosal v. Deorjin… Read More

Conditional release of a person accused of a crime pledged for the appearance in court on a due date is known as bail. There are three kinds of bail in India. Regular bail, interim bail and lastly anticipatory bail. Regular bail is when a person accused is in police custody after which bail is applied for under section 437 and 439 of the Criminal Procedure Code (CrPC). Interim Bail is granted for… Read More

Pre-natal sex determination is the practice of determining the sex of the foetus before birth through ultrasonography. Various countries have adopted this practice, but in a few countries such as India, this practice has led to female foeticide, i.e., determining the sex of the foetus and undergoing an abortion in case the sex of the foetus turns out to be female. Now there are various stereotypical reasons which pave the ways for… Read More

On 19th January 2021, a judgement in the case of Satish Ragde v. State of Maharashtra (2021) passed by the Nagpur Bench of the Bombay High Court gave rise to social media protests by a huge number of netizens. Brief Facts of the case- Satish (the accused) took the informant’s (mother of prosecutrix) daughter (aged 12 years) to his house on the pretext of giving her guava. In his house, he pressed… Read More

The doctrine of Condonation of Delay is the extension of the prescribed period in certain cases. This has been defined in Section 5 of the Limitation Act, 1963, that postulates time-limits for different suits and mentions the time period within which a suit, appeal or application can be instituted. Condonation of delay is a doctrine that is an exception to the limitation period. It does not apply to execution proceedings as it… Read More

Every citizen has a right to file a Public Interest Litigation (PIL) directly in the Supreme Court of India under Article 32 of the Constitution of India 1950 or in the High Court of a State under Article 226 of the Constitution. The term and concept of PIL originated in the United States of America. It was introduced in India through the first PIL filed by Pushpa Kapila Hingorani an Indian lawyer in… Read More