The Official website of Dr. Akhilesh Das Gupta Institute of Professional Studies, New Delhi
The Supreme Court observed that it is not proper to dismiss a writ petition on the ground of alternative remedy without examining whether an exceptional case has been made out for such entertainment. “Where the controversy is a purely legal one and it does not involve disputed questions of fact but only questions of law,…
Accepting the plea of insanity, the Supreme Court recently set aside an order passed by a trial court in 2006 convicting a man for the offence of murder. The Court noted that the appellant was undergoing treatment for schizophrenia at the time of the offence which took place in 2004. There was evidence on record…
Land in Himachal Pradesh cannot be transferred to a nonagriculturist, and this is with a purpose, the Supreme Court observed in a judgment delivered yesterday. The bench of Justices P S Narasimha and Sudhanshu Dhulia noted that the purpose is to save the small agricultural holding of poor persons and also to check the rampant…
The text and tenor of the evidence and the demeanour of a witness can be best appreciated only when the evidence is recorded in the language of the witness, the Court noted. The Supreme Court on Monday expressed its disapproval of the practice adopted by some trial courts to record depositions of witnesses only in…
Today marks 75 years since the demise of Mohandas Karamchand Gandhi, known as Mahatma Gandhi and revered as the “father of the nation” for his role in the Indian independence movement. https://www.barandbench.com/news/litigation/martyrs-day-read-judgments-convicting-accused-mahatma-gandhi-murder-case
The Supreme Court on Monday held that it would be incorrect to treat each and every breach of promise to marry as a false promise and thereby prosecute a person for the offence of rape under Section 376 of the Indian Penal Code (IPC) [Naim Ahmed v. State (NCT of Delhi)]. https://www.barandbench.com/news/litigation/not-necessary-that-every-breach-of-promise-to-marry-is-false-promise-supreme-court-acquits-rape-convict
The Supreme Court, recently, held that the effect of estoppel from laying a claim on property cannot be warded off by persons claiming through the person whose conduct has generated the estoppel. A Bench comprising Justices K.M. Joseph and Hrishikesh Roy observed that when a son relinquishes their right to the self-acquired property of the…
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Thucydides, a well-known Greek historian, criticised democracy by opining that democratic governments failed miserably “in the search for the truth.” He believed that democracies produced demagogues who could sway public opinion with their rhetoric and rabble-rousing oratory skills, imposing their own interpretations of the truth on the masses. He further argued that this led to…
While upholding the validity of the Assam Community Professional (Registration and Competency) Act, 2015, the Supreme Court examined the scope of powers of legislature to overrule a judgment. https://www.livelaw.in/top-stories/supreme-court-legislature-overrule-judgment-baharul-islam-vs-indian-medical-association-2023-livelaw-sc-57-219987
