ARTICLE 21 AND SUBSISTENCE ALLOWANCE; By Mufaddal Paperwala, Legal Asst., Prime Legal
INTRODUCTION India has the world’s second largest population with an approximate total of 138 crores [1]. With such a large population India prod
Summary Adjudication under Article 226 of the Constitution does not cover question of forgery, fraud and tampering: Delhi High Court
Question of forgery, fraud and tampering require sufficient evidence and are not capable for summary adjudication under Article 226 of the Constitu
Probation period is included in the mandatory minimum sentence for offences under IPC: Supreme Court of India
Probation u/s Probation of Offenders Act, 1958 isn’t excluded from the provisions of the mandatory minimum sentence for offenses under the Indian
Right to Property a Constitutional Right though not a Fundamental Right : Supreme Court
Right to property is still a constitutional right under Article 300A of the Constitution of India though not a fundamental right. The Supreme Court
Bailable warrants do not divest the court from its power to grant anticipatory bail: Punjab & Haryana High Court
Bailable warrants if issued against an accused, do not divest the court from granting anticipatory bail to him. If the magistrate summons the accus
Registrar of the NCLT cannot decide upon applicability of notification increasing the IBC threshold in cases: Delhi High Court
The Registrar of the NCLT being in the administrative capacity cannot decide on the jurisdiction of NCLT in hearing a case based on the pecuniary t
Higher educational qualification can be a basis for barring promotion : Supreme Court
If the authority conferred with the power to relax, chooses to regulate the manner of exercise of his own power, the same cannot be assailed as arb
Interference of Media trials in the administration of justice will amount to “Contempt of Court”: Bombay High Court
Media trial interference will now be considered a Contempt of Court once the judicial proceedings in the case commence. This decision was taken by
Quashing proceedings of a civil matter with criminal facets is not illegal if settled with mutual consent: Punjab & Haryana High Court
Quashing the proceedings of a case which is of civil nature having criminal facets is not illegal, if the parties reach a compromise. The effected
Cash can be deposited if one is unable to get a surety for grant of bail: Uttarakhand High Court
In instances where a person is unable to find a surety, he/she can take the advantage of Section 445 of the Cr.P.C which allows depositing cash for
