This article is written by Ayni Saad of Faculty of Law, University of Delhi, an intern under Legal Vidhiya ABSTRACT The term “maintenance” describes the monetary assistance one party gives to a third party who is unable to care for themselves, such as a spouse, child, or parent. The amount Read more…
CASE NAME Mohd. Ahmed Khan Vs. Shah Bano Begum and Ors EQUIVALENT CITATION AIR 1985 SC 945 DATE OF JUDGMENT April 23, 1985 Case no. Civil Appeal No. 7454 of 1981 Case type : civil appeal Petitioner Mohd. Ahmed Khan RESPONDENT Shah Bano Begum and others BENCH/JUDGE Chief Justice Y.V. Read more…
ATTIQ-UR-REHMAN v. THE MUNICIPAL CORPORATION OF DELHI & ANR IN SUPREME COURT OF INDIA Whether in the absence of the appointment of a Municipal Magistrate, a Metropolitan Magistrate can take cognizance and try an accused for commission of an offence punishable under the Delhi Municipal Corporation Act, 1957? It was Read more…
Introduction Anticipatory bail, as the name suggests, is bail taken by a person apprehending arrest. It is a preventive relief which was not originally included in the Code. The provisions relating to anticipatory bail were introduced by the Code of Criminal Procedure (Amendment) Act, 2005 after the 41st Law Commissions Read more…
Introduction In case the offence is bailable, bail can be taken as matter of right, however, in cases of non-bailable offences grant of bail is at the discretion of Court. Section 437 of the Code talks about cases where bail can be granted in case of a non-bailable offence. Bail Read more…
Introduction The Cr.P.C. divides criminal trial into sessions trial and magistrate trial. Whether an offence is triable by a Court of Session or Magistrate’s Court is specified under the First Schedule of the Code. When a District Court exercises its jurisdiction over criminal matters it is referred as a Court Read more…
Introduction Every human has to be treated in a humane way, and being accused of an offence doesn’t make anyone less human. The laws of our county has been made in a way to protect the basic tenets under the Indian criminal jurisprudence, i.e, innocent until proven guilty, which presumes Read more…
INTRODUCTION: The act of “taking or keeping of a person in custody by a legal authority, esp. in response to a criminal charge is termed as an arrest.”[1] The apex court defining arrest has said that it is the act of being taken into custody to be formally charged with Read more…
Introduction Functionary means any person who holds an office or a trust or performs a particular function (an official) is known as functionary. In other words, the term is used to define a person who is employed in a public office and is entrusted to perform a certain function. There Read more…