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Team  SoOLEGAL
Team SoOLEGAL 8 Oct 2024

LIVE-IN RELATION AND LAWS IN INDIA
INTRODUCTION Live-in relationships are the newest form of cohabitation among partners who are not legally married to each other. Its acceptance in India, especially in cities, is unprecedented. Yet, the practice has always been a matter of debate, particularly on…

Markandey
Markandey Katju 4 Oct 2024

Duty to defend
Several Bar Associations in India, whether High Court Bar Associations or District Court Bar Associations, often pass resolutions that their members will not defend a particular person or persons accused in a criminal case. Sometimes there are clashes between policemen and lawyers,…

Markandey
Markandey Katju 28 Aug 2024

The dilemma for Pakistanis
Section 123A of the Pakistan Penal Code states :''Condemnation of the creation of the State, and advocacy of abolition of its sovereignty:(1)Whoever, within or without Pakistan, with intent to influence, or knowing it to be likely that he will influence,…

RAJVEER
RAJVEER SINGH 13 Aug 2024

Prosecution Can't Seek To Prove In Trial A Fact Which Witness Hasn't Told Police During Investigation
The Supreme Court, while allowing the criminal appeal of the accused-appellant, observed that during a trial, the prosecution could not seek to prove a fact that the witness has not stated in his/her statement under Section 161 (Examination of witnesses…

RAJVEER
RAJVEER SINGH 13 Aug 2024

Accused Doesn't Lose A Defence Merely Because That Plea Wasn't Taken In S.313 CrPC Statment
The Supreme Court, in its recent judgment (on January 04), reiterated the well-established law that the statement recorded under Section 313 (Power to examine the accused) of the Code Of Criminal Procedure, 1973, cannot form the sole basis of conviction.The…

RAJVEER
RAJVEER SINGH 13 Aug 2024

Extra-Judicial Confession Can't Be Strong Evidence If Not Supported by Other Evidence On Record
The Supreme Court on Tuesday (February 20) observed that when the case of the prosecution is entirely based on the extra-judicial confession being circumstantial in nature then the accused cannot be convicted for the offence unless the chain of circumstances…

RAJVEER
RAJVEER SINGH 13 Aug 2024

Conviction Can't Be Set Aside Merely Because Prosecution Witness Turned Hostile
The Supreme Court on Wednesday (May 08) held that the evidence of a prosecution witness cannot be rejected in toto merely because the prosecution chose to treat him as hostile and cross-examined him.Affirming the decision of the High Court and…

RAJVEER
RAJVEER SINGH 13 Aug 2024

If There Are Lapses By Prosecutors, Trial Judges Should Play Active Role In Evidence Process
The Supreme Court said that trial judges should take a proactive role instead of acting as "mere tape recorders" recording witness statements. If there is any lapse by the prosecutor, then the judge should intervene and ask necessary questions to…

RAJVEER
RAJVEER SINGH 13 Aug 2024

Easement By Necessity Not Available When There Is Alternative Way To Access Property
Supreme Court observed that the claimant of an easementary right wouldn't be entitled to claim the 'easementary right by necessity' for enjoying the 'Dominant Heritage' (the property owned by the claimant) when there exists an alternative way to access the…

RAJVEER
RAJVEER SINGH 13 Aug 2024

Allegation Of Sexual Harassment Committed Within Closed Confines Requires Closer Scrutiny If Victim's Statement Is Doubtful
The Supreme Court on Monday (March 11) observed that the offence of sexual harassment committed within the confines of a room or a house (under the POCSO Act) requires closer scrutiny by the courts while deciding the conviction of the…
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