Medical Negligence : When Can A Doctor Be Held Liable For Lack Of Expertise?

On a philosophical standpoint we acknowledge error as an essence of life. Through every failure we familiarise something new, but this point of view is not appropriate when error is committed from the part of a professional especially the one who works in the medical domain.Any negligence or error from the part of the doctor that causes some damage to a patient will probably result in...

When Can Writ Courts Interfere In Contract Matters? SC Explains [Read Judgment]

In a judgment delivered in June, the Supreme Court explained the scope of powers of High Courts under Article 226 of the Constitution of India to interfere in contractual matters. The bench comprising Justice Deepak Gupta and Justice Surya Kant, also held that, in all cases challenging the decision of the tendering authority, all the eligible tenderers need not be made parties....

Can Arbitration Clause Be Invoked In A Dispute Arising After Parties Compromise? SC Explains [Read Judgment]

"Since the respondent has raised the plea that the compromise decree is vitiated by fraud, the merits of such a plea could be decided only by the Civil Court upon consideration of the evidence adduced by the parties.”

From Shah Bano to Shabana Bano: Divorced Muslim Women And Right To Claim Maintenance Under Section 125 CrPC

"She having chosen to move under the Code cannot be said to be debarred under law on the ground that she is a divorced Muslim lady."

How Should Magistrates Deal With Protest Complaints? SC Explains [Read Judgment]

"Magistrate could not be compelled to take cognizance by treating the protest petition as a complaint."

What Are The Requirements Of Notice For 'Suo Motu' Enhancement Of Sentence? SC Explains [Read Order]

"Any notice for enhancement must indicate why the Court wants to enhance the sentence and it must give reasonable time to the accused to answer the notice."

Can The Court Order Deposit Of Cash As A Condition Precedent For Granting Anticipatory Bail?

In a recent Judgment, the High Court of Kerala, while jointly hearing four petitions filed by the same petitioner observed that although the deposit of cash as a condition for granting anticipatory bail under section 438(2) is allowed, such discretion must be used with absolute restraint and the amount deposited must not be excessive or onerous. The petitioner in the instant case...

Recent Supreme Court Judgments On Domestic Violence Act [2006-2019]

The Protection of Women from Domestic Violence Act, 2005 came into force on 26 October 2006. The stated objective of the Act is "to provide for more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family".The Supreme Court of India has made some significant interventions and interpretations in the...

Legal Validity of Fatwas And Religious Dictates

Exactly five years ago, on July 7th 2014, the Supreme Court of India had ruled on validity of Fatwas (Religious Dictates).

164(5A)CrPC: Should A Magistrate Record The Section 164 Statement Of A "Rape Victim" Not Under Any Mental Or Physical Disability?

A doubt has been raised as to whether the obligation on the part of the Judicial Magistrate to record the statement of the victim of any of the offences specified in sub-section (5A) of Section 164 Cr.PC., is limited only to those cases where the victim is mentally or physically disabled. A rape victim can be considered as an example. Relying on clause (c) of the 2nd proviso to...

How To Record The Evidence Of Deaf And Dumb Rape Victim? Bombay HC Explains [Read Order]

The Bombay High Court remanded a rape case to the Trial Court on the ground that evidence of deaf and dumb victim was recorded without considering the provisions of Section 119 Evidence Act.As per the proviso to Section 119 Evidence Act, when the witness is unable to communicate verbally, the court shall take the assistance of an interpreter or a special educator in recording the statement,...

Section 482 Cr.P.C :Recent Supreme Court Judgments

Petition For Quashing FIR Can Be Entertained Even If Charge sheet Is Filed During Its PendencyIn Anand Kumar Mohatta vs State (Govt. Of Nct Of Delhi) Supreme Court held that High Courts can entertain a petition filed under Section 482 CrPC seeking quashing of FIR, even if the charge sheet is filed during the pendency of that petition."There is nothing in the words of this Section which...