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EXPLAINED LAW NEWS - Page 28

Congress leader Rahul Gandhi waves as opposition MPs walk for a protest over the Adani issue, at Parliament House complex in New Delhi, Friday, March 17, 2023.

Gujarat court finds Rahul Gandhi guilty: What is the 2019 defamation case against him?Subscriber Only

March 24, 2023 07:18 IST

Gandhi allegedly said “how come all the thieves have Modi as the common surname?” during a rally in Kolar, Karnataka in the run-up to the 2019 Lok Sabha elections.

Supreme Court building

Hanging, or something else as death penalty? Before Supreme Court, a case around the mode of capital punishmentSubscriber Only

March 27, 2023 00:51 IST

According to Amnesty International, 55 countries still have the death sentence in their statute books. Death by hanging is the most prevalent mode of execution, especially in the former British colonies; other modes are followed in some countries.

Amritpal Singh, a radical Sikh leader, leaves the holy Sikh shrine of the Golden Temple along with his supporters, in Amritsar, India.

NSA invoked against Amritpal and aides: What is the National Security Act, when is it applied?Subscriber Only

March 21, 2023 17:31 IST

NSA “empowers the state to detain a person without a formal charge and without trial”. How do its provisions differ from regular cases of arrest and why is it often criticised? We explain.

An outside view of Tihar Jail no 3 in Delhi.

After CBI case, two ex-Delhi Jal Board officials sentenced under ED case: Why ‘double jeopardy’ did not apply hereSubscriber Only

March 21, 2023 10:37 IST

The doctrine of double jeopardy is enshrined in the Indian Constitution under Article 20 (2), which says, “No person shall be prosecuted and punished for the same offence more than once.”

CJI DY Chandrachud.

In OROP case, CJI Chandrachud refuses to accept ‘sealed cover’: Why did he do so?Subscriber Only

March 21, 2023 07:54 IST

The Bench declined to entertain Venkatramani's argument that the contents of the note were “confidential” and “issues of sensitivity” were involved. The AG then read out the note in court.

The Kerala High Court building in Kochi.

Kerala HC declares A Raja’s election null and void: Can Christians, Muslims claim SC status?Subscriber Only

March 22, 2023 16:17 IST

The High Court held that as a baptised Christian, Raja is ineligible to contest from a seat reserved for members of the Scheduled Castes.

Vandalism at Indian High Commission in London

Vandalism by pro-Khalistan protestors at Indian High Commission in London: What is the Vienna Convention, invoked by MEASubscriber Only

March 22, 2023 16:43 IST

The Vienna Convention on Diplomatic Relations (1961) provides the framework for the establishment, maintenance and termination of diplomatic relations on a basis of consent between independent sovereign States.

Supreme Court on caste in case titles

Supreme Court frowns on mentioning caste in cause titles: What courts have earlier said on thisSubscriber Only

March 20, 2023 08:15 IST

"In the cause title, the caste of the accused has been mentioned. We are of the view that such practice should never be followed and that the trial courts are well advised to not mention caste in the cause title of judgments," the SC bench was quoted as saying.

Rajasthan Advocates Protection Bill Explained

Rajasthan govt tables Bill to protect advocates: Why it was introduced, what it saysSubscriber Only

March 19, 2023 13:24 IST

The chain of events culminating in the proposal of the Rajasthan Advocates Protection Bill, 2023 in the state legislative Assembly began on February 18, when a 48-year-old Jodhpur-based lawyer, Jugraj Chauhan, was stabbed by two men in broad daylight.

SC Rameshwar Prasad Case

Maharashtra crisis: What was the Rameshwar Prasad case, in which the SC decided on the powers of the Governor in 2005?Subscriber Only

March 17, 2023 18:11 IST

The landmark ruling in the Rameshwar Prasad case defines the contours of the Governor's powers to dissolve the Assembly

gavel

Foreign lawyers can practise in India but not appear in court: What exactly changes nowSubscriber Only

March 17, 2023 08:08 IST

According to the Advocates Act, advocates enrolled with the Bar Council alone are entitled to practise law in India. All others, such as a litigant, can appear only with the permission of the court, authority or person before whom the proceedings are pending.

smart-cities

The Smart Cities Mission: With deadline looming, a status checkSubscriber Only

March 16, 2023 07:19 IST

Under the Smart Cities Mission, cities across the country were asked to submit proposals for projects to improve municipal services and to make their jurisdictions more liveable.

BJP MLA Madal Virupakshappa; the unaccounted cash recovered by the Lokayukta.

What is pre-arrest bail, granted to Karnataka BJP MLA Madal Virupakshappa in corruption case?Subscriber Only

March 16, 2023 07:10 IST

Karnataka BJP MLA Madal Virupakshappa has been granted pre-arrest bail by the High Court, a decision challenged in Supreme Court by the state Lokayukta. What is anticipatory bail and when can it be granted?

Guns of 480 recruits for General Duty of Indo Tibetan Border Police Force (ITBP) taking part in Passing Out Parade at Basic Training Center in Bhanu, Panchkula.

Punjab govt cancels 813 gun licenses in state: Who can possess firearms under the Indian Arms Act?Subscriber Only

March 14, 2023 12:17 IST

The state's Department of Home Affairs and Justice headed by Chief Minister Bhagwant Mann had earlier issued a letter to the state DGP, all DMs, commissioners, and SSPs forbidding the public display of firearms and songs glorifying weapons.

blood-donation

Trans and gay people, women sex workers can’t donate blood: What the Centre said in SCSubscriber Only

March 14, 2023 08:01 IST

In response to a petition seeking to strike down the prohibition on gay people and transgenders donating blood, the Centre said in an affidavit that "exclusions are based on due consideration of scientific evidence".

Supreme court.

Supreme Court rejects applications for ‘compassionate appointment’: What the court has ruledSubscriber Only

March 13, 2023 07:18 IST

Who is empowered to make these appointments and what has the apex court said now on the matter? We explain.

Representational

Does abuse using caste name constitute an offence under SC/ST Act? This is what Orissa High Court saidSubscriber Only

March 12, 2023 11:57 IST

In a case dating back to 2017, the Orissa High Court has said abusing a person by their caste name does not amount to an offence under the SC/ST Act unless there is intention to insult or humiliate. How did it arrive at its ruling?

Tree canopy, representational.

Delhi HC stays NGT order on tree pruning in Vasant Vihar: What the rules saySubscriber Only

March 10, 2023 07:42 IST

The 2019 guidelines are aimed at providing protection and care to trees grown in the national capital so that they are not pruned recklessly.

Shukkur vakeel, sheena, special marriage act, indian express, women's day

Why a Muslim couple in Kerala is remarrying under the Special Marriage ActSubscriber Only

March 9, 2023 07:28 IST

The couple says this is to avoid their inheritance being split under the Shariat legal code, and to ensure only their three daughters can be their legal heirs as per civil law.

Migrant woman

Why migrant workers’ issues recur: The absence of data and coordination between statesSubscriber Only

March 9, 2023 14:51 IST

The recent case of alleged assault on migrant workers in Tamil Nadu has once again brought attention to migrant workers and the problems they face.

The crux of the challenge is that since there is no law made by Parliament on this issue, the Court must step in to fill the “constitutional vacuum.”

Supreme Court verdict on ECI appointmentsSubscriber Only

March 3, 2023 14:15 IST

Picking Election Commission members is currently the Centre's prerogative. How does the SC ruling change that? What issues did the court take up? How did the govt respond?

Supreme court of India in New Delhi.

How are the CEC and ECs appointed, and what has the Supreme Court order changed?Subscriber Only

March 11, 2024 07:08 IST

Appointments to the Election Commission are currently the central government’s prerogative. The SC has now given the Opposition and the judiciary a say in the matter, ruling that the CEC and ECs must be appointed by the President on the advice of a committee comprising the PM, Leader of Opposition in Lok Sabha, and the Chief Justice of India.

Delhi Deputy Chief Minister and senior AAP leader Manish Sisodia.

Manish Sisodia Delhi excise policy case: how the right against self-incrimination worksSubscriber Only

March 1, 2023 08:59 IST

The CBI has sought further custody of Manish Sisodia, saying he is being evasive during interrogation. Sisodia has argued that it would be "a travesty" if the court granted remand for self-incrimination. 

Chief Minister Bhagwant Mann (R) with Governor Banwarilal Purohit (L) during an earlier meeting in Fazilka, Punjab. (Express photo by Gurmeet Singh)

Punjab govt moves Supreme Court over Governor’s refusal for state Budget session: What does the law say?Subscriber Only

February 28, 2023 16:56 IST

While the tussle between Governor Purohit and the AAP-led Punjab government has been on for quite some time now, the Governor has now refused to give his approval for the Punjab Cabinet’s decision to summon a Budget session of Vidhan Sabha from March 3.

Agniveer' recruitment rally

Delhi HC dismisses petitions challenging Agnipath scheme: A look at its recruitment processSubscriber Only

February 28, 2023 11:37 IST

The Delhi High Court bench said the Agnipath scheme was a “policy decision on the basis of national security”, and did not find reasons to interfere with it.

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