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10 Feb 2025

Posted by: Manas shrivastava

Res Sub-Judice under section 10 of Code of Civil Procedure 1908

The term sub judice is derived from Latin, meaning "under judgment." It signifies that a particular matter or case is actively being considered by a court or a judge. In legal proceedings, this principle plays a crucial role in preventing conflicting decisions and ensuring judicial efficiency. Meaning and Application of the Sub Judice Rule When multiple cases involving the same parties and the same subject matter are filed in different courts, the competent court has the authority to stay (pause)....

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10 Feb 2025

Posted by: Aishwarya Chourasia

Faulty Investigation & Gaps in Prosecution Case: A Supreme Court Judgment

In Gambhir Singh v. State of Uttar Pradesh, 2025 SC 175 the Supreme Court acquitted an individual who had been sentenced to death for the gruesome murder of his six family members, including his four children and brother. The prosecution's case was primarily based on circumstantial evidence, alleging that the appellant committed the murders due to a land dispute. However, the Court found significant gaps in the prosecution's case, which ultimately led to the acquittal. The investigation was deemed faulty, with....

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08 Feb 2025

Posted by: Manas shrivastava

Understanding Receiver under Order 40 of Code of Civil Procedure 1908

Introduction Order 40 of the Civil Procedure Code (CPC) outlines the rules regarding the appointment of a receiver. Simply put, a receiver is a neutral individual appointed by the court to take possession of and manage property or funds that are the subject of a legal dispute. The receiver ensures that the property is preserved and maintained while the case is ongoing. Before defining a receiver, it is important to understand that a receiver is an officer of the court.....

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08 Feb 2025

Posted by: Aishwarya Chourasia

The Right to Die with Dignity

The "Right to Die" concept centers on allowing individuals, especially those with terminal illnesses, to end their life or refuse life-sustaining treatment. In India, this concept has evolved through key legal rulings, addressing ethical, moral, and legal challenges surrounding euthanasia. As Dr. Jack Kevorkian once said, “For those who are facing a terminal illness, who are in irremediable pain and suffering, and wish to exercise their right to die with dignity, a system should be available to them.” Understanding the....

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07 Feb 2025

Posted by: Manas shrivastava

Acquisition of ownership by possession | Understanding section 25 and 27 of the Limitation Act 1963

What is Section 25 of Limitation Act 1963 Section 25 of the Limitation Act deals with how someone can acquire an easement (a right to use someone else's land for a specific purpose) through long-term use. However, it does not specify the extent of the right or the legal actions available if that right is violated. Public Land vs. Private Easements A claim for public rights over public land is not considered an easement under Section 25. This section applies....

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07 Feb 2025

Posted by: Aishwarya Chourasia

Justice Abhay S. Oka on Judiciary's Challenges: Complaints, Media Trials, and Adjournments

Justice Abhay S. Oka of the Supreme Court delivered a thought-provoking on the growing concerns about frivolous complaints, media trials, frequent adjournments, and their combined impact on the judicial process. The Danger of Frivolous Complaints Justice Oka pointed out a disturbing trend he has observed over the last decade, where unscrupulous litigants file complaints against judges with the intent to malign their reputations. He expressed grave concern over how these complaints, even when frivolous, are often leaked and go viral....

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06 Feb 2025

Posted by: Aishwarya Chourasia

Illegality of Arrest and Bail

Introduction: In a landmark decision, the Supreme Court of India recently delivered a verdict emphasizing the protection of personal liberty against illegal arrests and improper detention. This ruling comes as a crucial reinforcement of the fundamental rights enshrined in the Constitution of India, especially Article 22(2), which safeguards an individual’s right to not be illegally detained. The case, Directorate of Enforcement v. Subhash Sharma (2025), provides vital clarity on the consequences of violations of these rights, specifically the 24-hour window....

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06 Feb 2025

Posted by: Manas shrivastava

Exclusion of Time Under The Limitation Act, 1963 | Section 12-15 of Limitation Act 1963

The Limitation Act provides certain exceptions for excluding specific periods when calculating the time limit for filing a suit, appeal, or application. Sections 12 to 15 deal with such exclusions. Section 12 – Time Exclusion in Legal Cases Section 12 applies to suits, appeals, and applications. It specifies certain periods that should not be counted while computing the limitation period. These include: The day on which the cause of action arises. The day the judgment being challenged was delivered. The....

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05 Feb 2025

Posted by: Manas shrivastava

Legal Disability Under Section 6 of the Limitation Act, 1963

Legal disability under the Limitation Act means a person is unable to take legal action because of physical or mental limitations. It refers to a situation where someone does not have the full legal capacity to exercise their rights like an ordinary person would. Legal Disability Under Section 6 of the Limitation Act Section 6 of the Limitation Act provides special provisions for individuals who are legally disabled, meaning they cannot file a suit or application within the prescribed limitation....

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05 Feb 2025

Posted by: Aishwarya Chourasia

SC: Laws on Women’s Cruelty & Dowry Harassment Should Not Be Abused for Personal Grudges

  The Supreme Court of India recently stated the importance of safeguarding the integrity of laws designed to protect women from cruelty and dowry harassment. In a recent ruling, in case P.V. KRISHNABHAT Vs. THE STATE OF KARNATAKA 2025 LiveLaw (SC) 149 the Court quashed a case involving allegations under Section 498A of the Indian Penal Code (IPC)(Now sec 85 of BNS,2023), asserting that criminal law should not be misused for personal vendettas. Section 498A of the IPC: Criminalizes cruelty....

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