TRAI favors Net Neutrality, releases regulations against discriminatory tariffs [Read Full Text]

In a big win for net neutrality, Telecom Regulatory Authority of India has issued the Prohibition of Discriminatory Tariffs for Data Services Regulations, 2016, that disallow service providers to offer or charge discriminatory tariffs for data services on the basis of content being accessed by a consumer. The move is a big blow to Facebook’s controversial ‘Free Basics’ platform...

Women Empowerment is the Need of the Hour; Supreme Court [Read Judgment]

A two Judge Bench of the Supreme Court Today in Richa Mishra v. State observed that Women in this world, and particularly in India, face various kinds of gender disabilities  and  discrimination, and Women empowerment is the need of the hour.The Bench comprising of Justices A.K.Sikri and Justice A.M.Sapre was hearing an Appeal filed by one Richa Sharma who was denied the post of...

Packer’s models of criminal process, Scalia’s Originalism and Bobbit’s constitutional modalities ; Parrando’s Paradox in Sec 377

Perhaps the most hotly debated provision of India’s richly woven legal fabric today is Section 377 of the Indian Penal Code (IPC). In a nutshell, this provision is embedded in the chapter XVI (Of offences affecting the human body) and under a separate heading ‘of unnatural offences’ prohibits carnal intercourse against the order of nature with any man, woman or animal. Notably, it...

Sabarimala Temple row: Kerala Govt. supports ban on entry of women, says decision of priest final in matters of worship [Read Affidavit]

In an additional affidavit filed before the Apex Court, the Kerala Government has taken the stand that entry of women between the age of 10 and 50 in the Sabarimala Ayyappan temple is a matter of religion and that the decision of the priests is final in such matter. It further submitted that the restriction is in line with the unique “pratishta sangalp” or idol concept of the temple, and...

Office of a Public Prosecutor is not a Post Office, he should apply his mind and take independent decision on withdrawal of Prosecution; SC

The Supreme Court of India observed that Public Prosecutor is not supposed to act as a post office and he is expected to remember his duty to the Court as well as his duty to the collective. Public Prosecutor in terms of the statutory scheme laid down under the CrPC plays an important role. He is supposed to be an independent person. While filing an application for withdrawal of Prosecution,...

Prisoners, like all human beings, deserve to be treated with dignity; SC issues landmark Guidelines on Prison Reforms [Read Judgment]

The Social Justice Bench of the Supreme Court of India Today (In Re-Inhuman Conditions in 1382 Prisons) issued further Guidelines relating to Prison Reforms in the Country. ‘Prison reforms have been the subject matter of discussion and decisions rendered by this Court from time to time over the last 35 years. Unfortunately, even though Article 21 of the Constitution requires a life of...

Breaking; Public Service Commission shall provide Information about answer sheets and Marks under RTI , need not provide the details of the Examiners ; SC [Read Jt]

A two Judge Bench of the Supreme Court Today observed that the request of the information seeker about the information of his answer sheets and details of the interview marks can be and should be provided to him by Public Service Commission under Right to Information Act. It is also observed that since there is a fiduciary relationship between the PSC and the Examiners, any information about...

Taxpayers may refuse to pay taxes and launch non-cooperation movement if corruption continues: Bombay HC [Read Judgment]

Nagpur Bench of the Bombay High Court last week termed corruption as the “hydra headed monster”, and called all citizens to “come together and tell their Governments that they have had enough”. Justice Chaudhari observed, “That is the miasma of corruption. If the same continues, taxpayers’ may resort to refuse to pay taxes by ‘non-cooperation movement’. It is surprising that...

Bhopal and Section 377 – Two Curative cases compared

On May 11, 2011, a five-Judge Constitution Bench of the Supreme Court had given ruling on the curative petition filed by the CBI against the Court’s judgment in Keshub Mahindra v. State of Madhya Pradesh on 13 September 1996.The CBI’s plea was that in 1996, the Court had erroneously ignored material which would have made, prima facie, an offence chargeable under section 304 (Part II)...

Women can be ‘karta’ of a Hindu Undivided Family: Delhi High Court [Read Judgment]

In a landmark ruling, the Delhi High Court recently held that the eldest woman of a Hindu Undivided Family can be its ‘Karta’, a term which denotes the managership of an HUF.The issue to be decided by the Court was whether the plaintiff, Mrs. Sujata Sharma, who was the first born amongst the co-parceners of a Hindu Undivided Family property, would by virtue of her birth, be entitled to be...

Contract to be interpreted in the way parties wanted and intended it to be : Supreme Court [Read Judgment]

Supreme Court has observed that the terms of the contract, especially Arbitration agreements will have to be understood in the way the parties wanted and intended them to be. Apex Court Bench comprising of Justices Anil R. Dave, Kurian Joseph and Amitava Roy made this observation in Bharat Aluminium Company vs. Kaiser Aluminium Technical Services Inc.In Bharat Aluminium Company v....

Breaking; CBI Investigation can be ordered by Constitutional Courts even after Commencement of Trial; SC [Read Judgment]

A two Judge Bench of the Supreme Court in Dharam Pal v. State of Haryana has held that an Investigation by another agency including CBI can be ordered by the Constitutional Court even after commencement of Trial.The Bench comprising of Justices Dipak Misra and Prafulla C Pant was hearing an Appeal against the Judgment of Punjab and Haryana High Court which declined the plea of One Dharam Pal...