Posts

Featured Post

IS REVISION AGAINST INTERIM MAINTENANCE ORDER TENABLE?

Image
IS REVISION AGAINST INTERIM MAINTENANCE ORDER TENABLE?-Harshita Srivastava


BACKGROUND:
Revision of any order, decree and judgement is different from appeal and review. Revision in simple terms means that a judgement or order or decree passed is being for the second time being observed, examined and viewed upon. And moreover, it is upon the discretion of the court whether it should be given or not and whether the revision can be requested in the same court or not hence it is not a statuary right of any person.
The term interim maintenance refers to the compensation or maintenance that is still pending to be given or a total amount that is given by one spouse or party to another spouse or party. The parties involved can either by their own agree to an amount or can get the same by the order of court after filing of an application for the same.
Section 114 of CPC states that:
“Subject as aforesaid, any person concerning himself aggrieved –
-by a decree or order from which an appeal is allowe…

BOMBAY HIGH COURT IMPOSED 5L COST ON HABITUAL PETITIONER

Image
BOMBAY HIGH COURT IMPOSED 5L COST ON HABITUAL PETITIONER-Vidhi Gupta



BACKGROUND:
The PIL sought the writ of mandamus to be issued directing Union Ministry of Human Resource and Development and Council of Indian School Certificate Examination to register an FIR against the council for the Indian School Certificate for offenses punishable under Sections 406, 420,120- read with section 34IPC.
Section 406 of IPC states “Criminal Breach of Trust”. Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to 3 years or with fine or with both.
Section 420 of IPC deals with the cheating and dishonestly inducing delivery of property. The maximum punishment that can be awarded is imprisonment for a term of 7 years and fine.
Section 120 (b) of IPC states : whoever is the party to the criminal conspiracy to commit an offence punishable with death ,imprisonment for life or rigorous imprisonment for a term of 2 years or upwards, shall,…

BCI ASKS COURTS TO BAR OVER 4700 ADVOCATES

Image
BCI ASKS COURTS TO BAR OVER 4700 ADVOCATES  NITISH SHUKLA 
BACKGROUND
The resolution for All India Bar Examination was adopted in 2010 by Bar Council of India at its meeting held on 30 April to amend Part VI, Chapter III of the Bar Council of India Rules (Conditions for Right to Practise). And it was inserted into Part VI of Bar Council of India rule that No advocate enrolled under section 24 of the Advocates Act, 1961 shall be entitled to practice under Chapter IV of the Advocates Act, 1961 unless such advocate successfully passes the All India Bar Examination conducted by the Bar Council of India. It is clarified that the Bar Examination shall be mandatory for all law students graduating from the academic year 2009-2010 onwards and enrolled as advocates under Section 24 of the Advocates Act, 1961. Section 24 of the Advocates Act specifies the qualification required to be enrolled into the Bar which makes it mandatory to pass the All India Bar Examination in order to practice in India…

RIGHT TO REMAIN SILENT CAN’T BE HELD TO BE AN ADMISSION

Image
RIGHT TO REMAIN SILENT CAN’T BE HELD TO BE AN ADMISSIONBY- MANSI PANDEY 


CURRENT ISSUE:
In the case of Prasanta Biswas Vs The state of West Bengal, a lady named “Shrimati” is a victim of this case has been murdered. 
The victim’s father lodged the complaint on 5th November 2002.  According to the victim’s father, four years ago the victim and appellant (her husband) got married. For few days their marriage was going well and their relationship was going smooth but after few days they started quarreling and there was some major disturbance between the relationship of victim and accused and the reason behind all these disturbances and quarrels was the illicit relationship of victim’s husband or accused with some other lady of the same village. On the ground level, the villagers also tried to solve this quarrel and settle the matter going on between husband and wife. But on 5 November 2002, the victim’s father got the information that his daughter is dead now. He went to the place and fou…

MEASURES TO END CASTE DISCRIMINATION IN COLLEGE

Image
MEASURES TO END CASTE DISCRIMINATION IN COLLEGE-Isha Tripathi
BACKGROUND:
Rohit Vemula, who was a Ph.D. Scholar at the University of Hyderabad worked for the rights of Dalit Community and was also a member of the Ambedkar Students Association. Rohit committed suicide after being suspended from his college campus on the basis of the complaint by ABVP branding him as cattiest and anti-national.

While Dr. Payal Tadvi was a tribal student of TN Topiwala National Medical College died on 22nd May 2019 after being subjected to caste-based discrimination by her upper-caste peers in the College. There have been several other cases on caste-based discrimination against the members of SC, ST community. These incidents are the violative of their fundamental rights to equality, right against discrimination, equal opportunity, the abolition of untouchability, and right to life guaranteed under Article 14, 15, 16, 17 and 21 of the Constitution of India.
READ ALSO:  AFFIDAVIT AGAINST MEDIA CURB IN KASHMI…

Plea challenging the constitutionality of section 125 CrPC

Image
Plea challenging the constitutionality of section 125 CrPC JASMINE SURI  INTRODUCTION
 This article focuses on the "Gender Inequality" where breaking the monotony, the petitioner is a Man filing a plea against the order of Family court Dehradun, where the court laid the decision that the husband, the petitioner will have to pay a monthly allowance to his ex-wife under the aforesaid provision.

BACKGROUND (Plea challenging the constitutionality of section 125 CrPC)
Plea challenging the constitutionality of section 125 CrPC was filled by Vivek through Advocates MS Vishnu Shankar and Sriram Parakkat. The petition was filed against the order of a family court of Dehradun, whereby Vivek the petitioner was directed to pay monthly allowances to his ex-wife.

Grounds on which the petitioner has assailed his plea :

That the provision violates general equality provided under Article 14 of the Constitution and it, contrary to Article 15 of the Constitution, is prima facie discriminatory on …

AFFIDAVIT AGAINST MEDIA CURB IN KASHMIR

Image
AFFIDAVIT AGAINST MEDIA CURB IN KASHMIR BY- SNEHA CHAUHAN


BACKGROUND:

On September 16 the Supreme Court agreed to ear out the petitions challenging the blackout which was laid down in Kashmir. A month after the media and communications blackout was enforced in Kashmir.
 A notice was issued by the Chief Justice of India led by the apex court bench that has directed the Union of India and State of Jammu & Kashmir to file a respond within a week. The matter is now recorded for final conclusion on 16th September 2019.
The arguments were heard by the court filed in petition by Anuradha Bhasin, The Editor of Kashmir Times. The Petitioner's counsel Vrinda Grover bring up that even after 31 days since the communication blockade was lain down leading to an information blackhole, they are still not clearing under what law and by which order or notification the Union of India has taken the steps to close down mobile and internet services. She also mentioned all the restrictions imposed on j…

Gender and Different Notions of a ‘Child’

Image
Gender and Different Notions of a ‘Child’ KRITI PARASHARPh.D. Research Scholar, 
Faculty of Law, Lucknow University The legal dilemma of who is a ‘Child’ or ‘Minor’ has reflected each time a legislation involving rights of a child has been drafted. Each law be it Juvenile Justice Act(1) (defining child as a person less than 18 years) or Right to Education Act (2) (6-14 years) or Child Labour Act (3) (less than 14 years) has a different age of a child. It might seem unnecessary that each aspect of child requires a difference age, but we do find a rationale in the fact that crime, labour, education, etc. are all different facets requiring differential regulation by state. One area where the definition of the child differs is marriage. While most of the above-mentioned law have an age varying from 0-18 years to qualify as a child, marriage is an area which has further differentiation i.e. based on gender. Whether that differentiation is reasonable of not is a different question…

PIL SEEKING POPULATION CONTROL REJECTED

Image
PIL SEEKING POPULATION CONTROL REJECTED TANISHA SHARMA 
BACKGROUND
Delhi High Court on Tuesday agreed to hear a PIL seeking directions to the Centre to implement measures to control the country's rising population on the ground that it was the root cause behind rising in crimes, pollution and dearth of resources and jobs. The petition was mentioned before a bench of Chief Justice Rajendra Menon and Justice Brijesh Sethi which allowed it to be listed for hearing on Wednesday.

The plea by BJP leader Ashwini Kumar Upadhyay, who is also a lawyer, has sought implementation of the recommendations for population control made by the National Commission to Review the Working of the Constitution (NCRWC) headed by Justice M. N. Venkatachaliah. The petition said that the National Commission to Review the Working of the Constitution (NCRWC), after making immense efforts for two years and elaborate discussion, had suggested addition of Article 47A in the Constitution and formulation of Populatio…

BAN ON SLAUGHTERING OF MEAT FOR A SHORT TERM NOT UNCONSTITUTIONAL: BOMBAY HC

Image
BAN ON SLAUGHTERING OF MEAT FOR A SHORT TERM NOT UNCONSTITUTIONAL: BOMBAY HC-Shanika Shukla
BACKGROUND 
Paryushana Parv is a holy annual festival of Jain, which is celebrated for 9-10 days in the last week of August and the first week of September.  The Jains usually fast, praying and meditate in this event to increase their spiritual level. On 7 September 2004, the state of Maharashtra issued a government resolution to all the commissioner stating that all the abattoir and meat selling shops to remain closed each year at the time of Paryushana Parv.
In 2008, in the case of Hinsa Virodhak Sangh vs. Mirzapur Moti Kuresh Jamat & ors where the Ahmadabad Civil body passed a resolution ordering all the abattoir to be closed due to Paryushan, the respondent argued that the closure of abattoir a slaughtering house violates Article 19(1) (g), a fundamental right in the Indian constitution.
According to Article 19(1) (g) of Constitution of India provide Right to Practice any Profession or to…