Month: June 2022

• 22 Jun 2022

  Understanding the conundrum: Forcing to give specimen handwritings during the investigation to subsume under ‘compelled to be a witness against himself’

  

  Introduction Article 20(3) of the Indian Constitution provides an accused with immunity against self-incrimination.  It is founded on the legal principle “nemo teneteur prodre accussare seipsum,” which translates to “No man is required to testify against oneself.” This right may extend to the accused’s testimony in court, compulsion on the accused to produce or permit…
• 21 Jun 2022

  Power of Civil Courts to grant Injunction to Restrain one spouse from entering into Second Marriage

  

  One of the issues that is regularly encountered before the Civil Court and Family Court in Matrimonial Disputes is “Whether they have jurisdiction to grant an injunction in favour of a spouse to restrain the other spouse from entering into a second marriage, and if the court has jurisdiction than from where this power flows?”…