Consortium

“In legal parlance, ‘consortium’ is a compendious term which encompasses ‘spousal consortium’, ‘parental consortium’, and ‘filial consortium’. The right to consortium would include the company, care, help, comfort, guidance, solace and affection of the deceased. With respect to a spouse, it would include sexual relations with the deceased spouse. Parental consortium is granted to the […]

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The Look Out Circular

A LOC can be issued, when the accused evades arrest or does not appear in Court or is likely to leave the Country. After a year, the Investigating Officer must renew the LOC or issue a fresh one. One of Odisha’s richest businessmen [supposedly] caused a murder in 2016. Mahimananda Mishra had fled to Thailand […]

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The Enrica Lexie Incident II

Questions, My Lord Did Massimiliano Latorre [L] and Salvatore Girone [G] ‘deliberately’ fire?  Did L and G ‘mistake’ the Indian trawler ‘St. Antony’ to be a pirate boat? Should it be considered that ‘St. Antony’, unregistered under The Indian Merchant Shipping Act, 1958, did not raise the Indian Flag? Are Indian authorities permitted to prosecute Foreign Nationals […]

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The Enrica Lexie Incident I

[This Article was First Published in June, 2016] As per Article 97 of the United Nations Convention on the Law of the Sea (“Convention”): “In the event of a collision or any other incident of navigation concerning a ship on the high seas”, only the Flag State of that ship can launch penal proceedings. Is […]

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Moral Turpitude

Dio non fa mai retromarcia con il suo amore! Offences involving ‘moral turpitude’ were in discussion recently in Union Bank of India v. C.G. Ajay Babu, [Civil Appeal No. 8251 of 2018]. You may read Section 4(6)(b) of The Payment of Gratuity Act, 1972.  ‘Moral turpitude’ describes conducts which are: inherently vile, depraved; immodest; shameful and wicked [Pawan Kumar, (1996) 4 SCC 17 and Sushil […]

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#The377Debate II : 06.09.2018

Navtej Singh Johar v. UOI, [Writ Petition (Criminal) No. 76 of 2016] was filed for declaring Section 377 to be unconstitutional. It was held by:  Dipak Misra CJI and A.M. Khanwilkar J. The phrase ‘against the order of nature’ has neither been defined in any provision of the IPC. What is ‘against the order of nature’? Procreation […]

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The Closet Killer

Additional Commissioner of Police (III) Shri Supratim Sarkar’s efforts, translated in English, is nothing short of brilliant. He can either be e-mailed at addlcp3@kolkatapolice.gov.in or called on 033-22143970.  There are several who enquire: why do some prefer watching, reading stories on crime? Are they criminals themselves or Are they learning how to protect, investigate, solve? I […]

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