Know the Law
Externment Of Gang Member Under Police Act Requires Satisfaction About Gang's Activities, Not Individual Alone: Bombay High Court
The Bombay High Court has held that the "subjective satisfaction" required for passing an externment order under Section 55 of the Maharashtra Police Act, 1951 against a gang or body of persons is fundamentally different from the satisfaction required under Section 56 for externment of an individual. The Court observed that while Section 55 requires the authority to be satisfied about...
Reservation Of Sarpanch Post Must Follow Statutory Rotation; Consecutive Reservation For Women Impermissible: Bombay High Court
The Bombay High Court has held that where the office of Sarpanch of a Gram Panchayat was reserved for the Women category in the immediately preceding term, it must ordinarily revert to the Open (General) category in the succeeding term in compliance with the statutory principle of rotation under the Maharashtra Village Panchayats (Sarpanch and Upa-Sarpanch) Election Rules, 1964. The Court...
BCI Rules Do Not Bar Advocate From Representing Family Members; Prohibition Applies To Appearing Before Relative Judges: Bombay High Court
The Bombay High Court has held that the Bar Council of India Rules do not prohibit an advocate from representing his or her own family members in legal proceedings. The Court observed that Rule 6 of the Standards of Professional Conduct and Etiquette merely prohibits an advocate from appearing before a court, tribunal or authority where a relative is a member of that adjudicatory body, and...
Revenue Court Cannot Declare Registered Sale Deed Void Even If Executed In Violation Of Statutory Provisions: Chhattisgarh High Court
The Chhattisgarh High Court has held that even where a registered sale deed is alleged to have been executed in violation of statutory provisions governing transfer of land, a Revenue Court has no jurisdiction to declare the sale deed null and void. The Court observed that the power to adjudicate upon the validity and cancellation of a registered sale deed vests exclusively in the Civil...
S. 38 BNSS | Advocate Of Accused Cannot Remain Present Throughout Police Interrogation : Supreme Court
Clarifying the scope of Section 38 of Bharatiya Nagarik Suraksha Sanhita, 2023, the Supreme Court on Monday (July 27) held that the provision entitles an arrested person to meet an advocate of choice during interrogation but does not contemplate continuous physical presence throughout the interrogation. “A plain reading of the provision makes it clear that the right guaranteed thereunder...
Bombay High Court Quashes Mutation Of Wakf Properties As Enemy Property, Says Due Process Is Mandatory
The Bombay High Court has quashed communications directing mutation of certain Wakf properties as "enemy property" in the name of the Custodian, holding that such action cannot be taken without first determining the jurisdictional facts through an inquiry and affording the affected parties an opportunity of hearing. The Court further held that Section 22A of the Enemy Property Act, 1968 cannot...
Know The Law | Factors To Be Considered While Sentencing A Convict? Supreme Court Explains
The Supreme Court laid down the set of principles which must necessarily guide the decision on sentencing. A bench of Justice Sanjay Karol and Justice Augustine George Masih laid down the following aspects which must be considered while deciding on sentencing: “(a) Be in accordance with the nature and gravity of the crime; (b) Adequately protect the interest of the society; (c) Take...
How Juvenile Justice Boards Should Conduct Preliminary Assessment Under S.15? Supreme Court Issues Guidelines
The Supreme Court has issued guidelines as to what factors should be considered by the Juvenile Justice Board while conducting preliminary assessment under Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2015. A bench of Justice JB Pardiwala and Justice Ujjal Bhuyan issued these guidelines while dismissing an appeal challenging the Patna High Court's ruling which...
Can Wife Be Denied Half Share In Jointly Purchased Property Because Husband Paid Entire Consideration? Kerala High Court Answers
The Kerala High Court has held that the property, purchased under the joint names of both spouses cannot be claimed by the husband alone by claiming that he paid the entire amount, unless theres is evidence to show that the property was held on trust or that the property was fraudulently purchased in the name of one spouse. [2026 LiveLaw (Ker) 391]The Division Bench of Dr. Justice...
Can Banks Refuse Education Loan To Student Due To Parent's Low Credit Score? Kerala High Court Answers
The Kerala High Court has ruled that banks can refuse education loan to students if their parent, who signs the loan as a co-borrower, has a poor credit score. [2026 LiveLaw (Ker) 387]Justice M.A. Abdul Hakhim dismissed a batch of petitions filed by students challenging the banks' refusal to grant them educational loan.The petitioners argued that denial of loan to them on the basis of...
How Can Dead Witness's Testimony Be Used Against Accused Who Absconded? Supreme Court Explains S.299 CrPC
The Supreme Court has clarified that the earlier testimony of a witness who has since died can be used against an accused who had absconded during the original trial, provided the conditions under Section 299 of the Code of Criminal Procedure, 1973 (CrPC) are satisfied.A Bench of Justice Sanjay Karol and Justice Vipul M. Pancholi held that Section 299 CrPC is an exception to the general rule...