RERA stands for Real Estate Regulatory Authority which came into existence as per the Real Estate (Regulation and Development) Act, 2016, an act passed by the Parliament in 2016 that came into effect with its 92 sections fully from 1st May, 2017. It aims to protect the purchasers and also to boost the investments. It establishes... Continue Reading →
GULAB YADAV VS STATE OF U.P.
Appeal was preferred by the appellant Gulab Yadav against the judgment and order dated 22.08.2012, passed by Sessions Judge, Mahoba, under Section 302, 506 IPC, whereby the appellant was convicted and sentenced for life imprisonment and fine of Rs.20,000/- under Section 302 IPC. The appellant was further convicted and sentenced for two years R.I. under... Continue Reading →
DISTRIBUTION OF LEGISLATIVE POWERS WITH RESPECT TO SUBJECT MATTER
In terms of Article 246 of the Indian constitution, there is a threefold distribution of legislative powers between Union and the State Governments. The VIIth Schedule of the constitution contains 3 lists. The Union List gives exclusive legislative powers to union to legislate on 97 items of all India character including: defense, armed forces, arms and ammunition, atomic... Continue Reading →
AMAR DAYAL SAHU VS STATE OF U.P.
An appeal was preferred against the judgment and order dated 7.1.2020, passed by the learned Additional Sessions Judge, under Section 302 IPC, whereby the appelant was convicted and sentenced for the offence under Section 302 IPC for life imprisonment with a fine of Rs.60,000/-. First information report of this case was registered by complainant, father... Continue Reading →
SANTOSH BIND ALIAS KALLU VS STATE OF U.P.
There were two appeals against the same judgement by different accused persons. Hence, both the appeals were being decided together. Appellants Santosh Bind Alias Kallu and Vikash Keshri had challenged the judgement and order dated 20.07.2013 passed by learned Additional Sessions Judge, under Sections 363/149, 366/149, 376(G)/149, 506 and 368 IPC, whereby accused/appellant in both... Continue Reading →
DOCTRINE OF TERRITORIAL NEXUS
According to this Doctrine, The Legislature of a State may make laws for the whole or any part of the State. This means that State Laws would be void if it has extra-territorial operation i.e. it is applied to subjects or objects located outside the territory of the state.However, there, is one exception of the... Continue Reading →
RAGGU BANIYA @ RAGHWENDRA VS STATE OF U.P.
By way of appeal, the appellant challenged the Judgment and order dated 08.12.2009 passed by Additional Session Judge, under Sections 376 of IPC, whereby the accused-appellant was convicted under Section 376 IPC and sentenced to life imprisonment. On 24.8.2008, the prosecutrix was going alone from her house to break the cucumber in the field, when... Continue Reading →
SMT. SUNEETA VS STATE OF U.P.
A writ petition was filed for the issuance of writ, order or direction in the nature of Habeas Corpus thereby commanding the opposite parties to produce the petitioner (detenue) before Court and set free the petitioner with liberty to live with her husband namely Ram Mitra. It was further submitted that the life of the... Continue Reading →
MOHAMMAD ZISHAN VS STATE OF U.P.
Court heard learned counsel for the applicant, learned A.G.A. for State and perused the materials available on record. Accused-applicant(Mohammad Zishan), who was involved in Case Crime No. 226 of 2021, under Sections 3, 5, 8 of U.P. Prevention of Cow Slaughter Act, 1955, Police Station Bhagatpur, District Moradabad, had applied for bail in court. Learned... Continue Reading →
PRAKASH VS STATE OF U.P.
An appeal was preferred by the appellant against the judgment and order dated 16.2.2008, passed by Additional Sessions Judge, in Session Trial No.87 of 2007 (State vs. Prakash) arising out of Case Crime No.678 of 2006 under Section 302, 323, 324 IPC, whereby the accused was convicted and awarded sentence under Section 302 IPC for... Continue Reading →
RAM SHANKAR VS STATE OF U.P.
A criminal appeal was filed against the judgment and order dated 16.11.2016 passed by the learned Additional Sessions Judge, whereby the appellant was convicted under section 60(2) of the Excise Act and sentenced for a period of one year along with fine of Rs.1000/- and further the appellant was convicted under section 272 I.P.C. with... Continue Reading →
INTRODUCTION Section 383-389 of Indian Penal Code examine the laws related to Extortion. Definition of Extortion is given under section 383 of Indian Penal Code. Section 383 reads as "Whosoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in... Continue Reading →
RAJIV @ PAJI VS STATE OF U.P.
By way of appeal, the appellant- Rajiv @ Paji had challenged the Judgment and order dated 6.5.2013 passed by court of Additional Sessions Judge, whereby the accused-appellant was convicted under Section 376 IPC and sentenced to imprisonment for life with fine of Rs.20,000/- and in case of default of payment of fine, to undergo further... Continue Reading →
VARUN TIWARI VS STATE OF U.P. Hon’ble Rajesh Singh Chauhan, J. The question for consideration in this petition was whether the accused has an indefeasible right to ‘compulsive bail’ i.e. ‘default bail' under proviso to section 167(2) Cr.P.C. on the expiry of 60 or 90 days as the case may be, if the charge-sheet has... Continue Reading →
Smt. Saima vs. State of U.P
By means of a writ petition, the petitioners had prayed for direction in the nature of mandamus directing the respondents not to interfere in their peaceful matrimonial life. Learned counsel for the petitioners submitted that the petitioners are major and have solemnized their marriage with each other according to Muslim Rites and Custom on 24.1.2021.... Continue Reading →
The Anti-Defection Law under the Tenth Schedule of the Constitution rebuffs MPs/ MLAs for deserting from their party by removing their membership of the legislature. It gives the Speaker of the legislature the ability to determine the end result of defection procedures. It was added to the Constitution through the Fifty-Second (Amendment) Act, 1985 when Rajiv... Continue Reading →
SOVEREIGNTY UNDER MUSLIM LAW
Sovereignty means supreme power. The word sovereignty has been derived from the Latin word ‘Superanus’. It denotes the higher power, i.e. for power over which there is no other power superior to it. Under Muslim law, when it is said as the sovereignty of God, it means that Allah is the highest authority. There is... Continue Reading →
ISLAMIC SYSTEM OF SHURA
INTRODUCTION Shura is an arabic word for ‘consultation’. The Quran urges muslims to decide their affairs in consultation with one another. The principle of shura can likewise take the form of a a council or a referendum. Islam being a comprehensive ideology and long lasting moral framework illuminates on this part of the matter. A... Continue Reading →
DEFINITION Theft is defined under Section 378 of the Indian Penal Code, 1860 as "Whoever, intending to take dishonestly any moveable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft". Theft means the dishonest removal of moveable property 'out... Continue Reading →
MUSLIM LAW AS APPLIED AND INTERPRETED IN INDIA
Muslim in India are governerd by their own personal law and this provision is not absolute. Some of the legislative enactments direct civil court to apply Muslim law to Muslims and Hindu law to Hindus. Apart from this Article 225 of the Indian Constitution provides that the High Courts will administer the same law as... Continue Reading →