Writ of Habeas Corpus for the Custody of Minor Child
In child custody matters, the power of the High Court in granting writ is qualified only in cases where the detention of a minor by a person who is not…
Section 302 IPC does not expressly provide that imprisonment for life shall mean imprisonment for the remainder of the natural life of convict
302. Punishment for murder.— Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine. Section 302 IPC prescribes two punishments for…
Factors which are considered before which remission powers could be invoked
Some of the positive factors have been: (1) age of the convict; (2) the probability of reformation of convict; (3) the convict not being a professional killer; (4) the socio-economic…
Mere recovery of the amount from the person accused (public servant) of the offence under Section 7 or 13 of the PC Act would not entail his conviction thereunder
Proof of Demand and Acceptance of illegal gratification by a public servant is the sine qua non (Essential Condition) to establish the guilt of the Public Servant under Sections 7…
Role of Verification of Criminal Antecedent in Government Appointment
The whole idea of verification of character and antecedents is that the person suitable for the post in question is appointed. It is one of the important criteria which is…
Appointment should not make disregard of the qualification prescribed in the advertisement.
It must be realised by all the Government authorities that when an advertisement mentions a particular qualification and an appointment is made in disregard of the same, it is not…
Validity of the Disciplinary Proceedings under Section 20 of the Right of Persons with Disability (RPwD) Act, 2016
Section 20 of the RPwD Act states that no government establishment shall discriminate against any person with a disability in matters relating to employment. The disabled employee also has a…
What should a person do, if the police are not registering FIR?
If a person has a grievance that the police station is not registering his FIR under Section 154 CrPC corresponds to Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS),…
Not every Physical Relationship is Rape if it is made Pursuant to a Promise to Marry
The mere fact that physical relations were established pursuant to a promise to marry will not amount to a rape in every case. In order to offence of rape to…
Who is Delinquent Juvenile & Neglected Juvenile ?
There are two categories of juveniles as defined in the Juvenile Justice Act, 1986 i.e. delinquent juveniles and neglected juveniles. A delinquent juvenile is defined under section 2(e) to mean…