In a supreme Court judgement, it was held that a policeman cannot issue notice to the accused as that would be widening the scope of section 202 of the Code of Criminal Procedure. If the Policeman was allowed to issue notice, it would be providing the cop with more power than that of the Magistrate himself who does not have…

The Supreme Court held that the prosecution not having a certificate u/s. 65 B for the admissibility of a video recording at the stage of registering the charge sheet would not harm their case and nor deny them the right to admit said video into the recording as the said certificate is required at the trial stage. The Defense claimed…

Divorce is a new and unexpected milestone in a lot of young metropolitan adult lives. No-one plans for it and yet the divorce rates are fast rising. Even the number of judges have been increased and special family courts have been created to deal with the fast rising divorce rates. Unlike the western world wherein the terms of a divorce…

Wherein the physical custody of the child was with the grandparents, who are not the legal guardians of the child, the father of said child filed a habeaus corpus writ. The High Court, in accordance to that, was of the opinion that the child was being detained by people who are not his legal guardian and allowed for the writ…

Bombay High Court in a full bench judgement has held that a Hindu can remarry after 90 days of being granted a divorce provided that there is no appeal pending against such order. The question that came before the Bombay High Court was one of interpretation of law wherein Family Courts Act, 1984 provides a limitation period of merely 30…

The Supreme Court, citing various other judgments was very clear that ‘forum shopping’ when it comes to anticipatory bail applications is not allowed and if a successive bail application is filed, it ought to be filed before the same judge. The Supreme Court set aside the bail application granted by the High Court and was of the view that: “In…

Supreme Court, while dismissing a high court order, was of the view that corroborative evidence is required even in the case of dying declarations when the deceased’s state of mind is in question. Wherein a woman had suffered 98% burns on her body and had made a dying declaration holding her husband and mother-in-law responsible, the Supreme Court disagreed with…

In a Delhi High Court Judgement, wherein a father contested whether he needs to pay maintenance towards the child if the wife is earning sufficiently well, the Delhi High Court contended that: It is a settled principle of law that both the parents have a legal, moral and social duty to provide to their child the best education and standard…

    Law is ever changing and it constantly adopts itself to the needs of the society. What is illegitimate now may be legitimate later. Law is forever acclimatizing to the changing culture of today’s society. Practices such as sati and untouchability were both prevalent at one point in India and were later repealed by a statute forbidding them.  In…