The Terrorist Acts defined under Unlawful Assembly Prevention Act only deal with matters impacting “Defence of India” and not under Ordinary laws & Order Problems. The intent and purport of the Parliament in enacting the UAPA, and more specifically in amending it in 2004 and 2008 to bring terrorist activity within its scope, was, and could only have had been, to deal with matters of profound impact on the ‘Defence of India, nothing more and nothing less.
In APARNA AJINKYA FIRODIA v. AJINKYA ARUN FIRODIA (2023 INSC 146), the Supreme Court ruled that a DNA test of a child cannot be ordered merely to establish adultery in matrimonial disputes. The case arose from a husband's application for a DNA test to question the paternity of his wife's Read more »
The Supreme Court has held that there cannot be a recovery of cess solely on the basis of the report of the Comptroller and Auditor General (CAG) without any statutory adjudication process. It is well settled that when a statute requires a thing to be done in a particular manner, Read more »
This case reinforces the principle that when the law prescribes a mandatory minimum sentence, courts do not have the authority to impose a lesser sentence unless explicitly provided by the statute. Interpretation of statutory provisions regarding minimum sentences and the discretion of the court in imposing such sentences. The Supreme Read more »
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