Section-502 BNSS – Bhartiya Nagarik Suraksha Sanhita, 2023 & equivalent Cr.P.C. Section

Section-502: Power to restore possession of immovable property – with corresponding and equivalent Sections of Cr.P.C.-Criminal Procedure Code. Bharatiya Nagarik Suraksha Sanhita, 2023 Code of Criminal Procedure, 1973 (corresponding section) 502. Power to restore possession of immovable property.—(1) When a person is convicted of anoffence by use of criminal force or show of force or … Read more

Section-451 BNSS – Bhartiya Nagarik Suraksha Sanhita, 2023 & equivalent Cr.P.C. Section

Section-451: Making over or withdrawal of cases by Executive Magistrates – with corresponding and equivalent Sections of Cr.P.C.-Criminal Procedure Code. Bharatiya Nagarik Suraksha Sanhita, 2023 Code of Criminal Procedure, 1973 (corresponding section) 451. Making over or withdrawal of cases by Executive Magistrates.—Any District Magistrate orSub-divisional Magistrate may—(a) make over, for disposal, any proceeding which has … Read more

Section-300 BNSS – Bhartiya Nagarik Suraksha Sanhita, 2023 & equivalent Cr.P.C. Section

Section-300: Non-application of Chapter – with corresponding and equivalent Sections of Cr.P.C.-Criminal Procedure Code. Bharatiya Nagarik Suraksha Sanhita, 2023 Code of Criminal Procedure, 1973 (corresponding section)  300. Non-application of Chapter.—Nothing in this Chapter shall apply to any juvenile or child asdefined in section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2015 … Read more

Section-206 BNSS – Bhartiya Nagarik Suraksha Sanhita, 2023 & equivalent Cr.P.C. Section

Section-206: High Court to decide, in case of doubt, district where inquiry or trial shall take place – with corresponding and equivalent Sections of Cr.P.C.-Criminal Procedure Code. Bharatiya Nagarik Suraksha Sanhita, 2023 Code of Criminal Procedure, 1973 (corresponding section) 206. High Court to decide, in case of doubt, district where inquiry or trial shall take … Read more

Section-77 BNSS – Bhartiya Nagarik Suraksha Sanhita, 2023 & equivalent Cr.P.C. Section

Section-77 of Bhartiya Nagarik Suraksha Sanhita, 2023: Notification of substance of warrant – with corresponding and equivalent Sections of Cr.P.C.-Criminal Procedure Code. Bhartiya Nagarik Suraksha Sanhita, 2023 Code of Criminal Procedure, 1973 (corresponding section) 77. The police officer or other person executing a warrant of arrest shall notify the substance thereof to the person to … Read more

Delhi Development Authority & Writ Petition Remedy Against its Actions

writ against Delhi Development Authority

Introduction Delhi Development Authority (hereinafter DDA) is controlled by the Ministry of Urban Development. The DDA was established in 1957 by an Act of Parliament to promote and secure a planned spatial development of Delhi. Its mandate is primarily to acquire land for the development of new areas and to hand over the same to … Read more

A woman’s right to reproductive choice is a facet of Fundamental Rights

Article 21 and a woman’s right to reproductive choice A woman’s right to reproductive choice is an inseparable part of her personal liberty under Article 21 of the Constitution of India. She has a sacrosanct right to bodily integrity. In Suchita Srivastava v Chandigarh Administration [3 (2009) 9 SCC ], Supreme Court recognized that a … Read more

Effect of Dismissal of Special Leave Petition by Supreme Court and Doctrine of Merger

What is SLP? Under the Constitution of India, we have a three-tier court system starting from the Subordinate Courts (district courts), High Court/ Tribunals and Supreme Court. Most of the original and appellate jurisdictions are confined within the first two-tier court system. Approaching the Supreme Court in an appeal against any order of the High … Read more

How to challenge taxing statutes? When is exaction a tax, charge, or fee?

Introduction A legislative enactment which provides for the imposition of a tax may make provisions for: The levy of the tax on the basis of a taxable event; The measure of the tax; The rate at which the tax will be imposed; The incidence of the tax; and Assessment, collection, recovery and other incidental provisions. … Read more

A Decree passed against a minor without the proper appointment of a guardian is nullity ipso facto

On 16.07.2021 In SPECIAL LEAVE PETITION (C) NO.2492 OF 2021 K.P.  NATARAJAN  & ANR.  VERSUS MUTHALAMMAL & ORS. while dismissing the SLP the Hon’ble Court held that: 1.High Court can Exercise its wider powers under Article 227  while sitting in civil revision to prevent miscarriage of justice. Powers of the High Court under Article 227 are in addition to and wider than the powers under Section 115 of the Code. ● 2.Non-appointment of guardian of minor by civil court and then deciding matter ex-parte is against Order XXXII … Read more

Writ of Mandamus, when does the High Court issue it?

prashant kanha advocate

WRIT OF MANDAMUS: WHEN TO APPROACH HIGH COURTS The Constitution of India under Articles 32 and 226 gives power to the Supreme Court and High Courts respectively to issue writs in cases of breach of Fundamental Rights of any citizen by the State. Such writs prevent arbitrariness and unchecked use of power. According to the … Read more

Judicial Review by High Court

Judicial Review is the power of the judiciary to interpret the constitution and its values and to maintain a check on the legislature and executive if they act in abrogation of the rights of people, guaranteed under the constitution. The judiciary has the power to declare such law or order void if it contravenes the … Read more