Marital Rape Already Criminalized As Cruelty Under Section 498A IPC: Delhi Govt. To HC

The Delhi Government, on Thursday, contended before the Delhi High Court that the act of marital rape has already been criminalized as cruelty under Section 498A of the Indian Penal Code (IPC) and hence, there was no need for creating a new offence penalizing the same.Section 498A criminalizes a situation where a married woman is subjected to cruelty by her husband or his relatives. Cruelty...

Sohrabuddin Trial: Bombay HC Issues Notice On Journalists’ Pleas Against Media Gag Order

The Bombay High Court has issued notice in the petitions filed by journalists against the order by special CBI judge SJ Sharma prohibiting the media from reporting on the alleged fake encounter case of Sohrabuddin Shaikh, Tulsiram Prajapati and Kausar Bi.Justice Revati Mohite Dere has clubbed two petitions that have identical prayers. The first petition was filed by a group of nine...

SC Has An "Inconsistent Jurisprudential Position" On Questions Of Individual Autonomy: Dr. Menaka Guruswamy [Video]

While delivering a lecture at the NALSAR University of Law, human rights advocate and constitutional lawyer Dr. Menaka Guruswamy asserted that the Supreme Court has had an "inconsistent jurisprudential position" when it came to questions of individual autonomy.Delivering a lecture titled ‘Crafting Methods and Contemporary Lessons: Constitutionalism Alive’, Ms. Guruswamy began by looking...

Bombay HC Quashes State RERA Order Denying Compensation To Home Buyer Couple Aggrieved By Delayed Possession

RERA told to decide the matter afreshProviding some relief to a home buyer couple already aggrieved by delayed possession, the Bombay High Court has set aside the order passed by the Maharashtra Real Estate Regulatory Authority (MahaRERA), by which it had denied compensation to them while holding that six-year delay on part of the builder was justifiable on grounds of administrative...

Time Slots, Actual Dates, Costs To Check Delays & Pendency In New Delhi HC (Original Side) Rules, 2018 [Read Rules]

The Delhi High Court has notified the Delhi High Court (Original Side) Rules, 2018, which provides for cutting down time of litigation, weeding out frivolous cases, checking too many adjournments and imposing cost throughout, especially wherever delay caused is unjustified.The rules supersede the 1967 Rules with respect to practice and procedure for exercise of its ordinary original...

Removal Of Registered Trademarks Can’t Be Done Without Giving Prior Notice To Registered Proprietor: Bombay HC [Read Judgment]

The Bombay High Court recently allowed a petition seeking prohibition of removal of their trademark ‘KLITOLIN’ from the records of the register of trademarks and held that any such removal can only be possible if prior notice, mandatory under Section 25(3) of the Trade Marks Act 1999, has been given.The bench of Justice RM Borde and Justice RG Ketkar heard the petition filed by...

Part Shifting From T-1 To T-2: Delhi HC Asks All Concerned To Sit Together, Arrive At Settlement

With the airlines – IndiGo, SpiceJet and Go Air -- struggling hard to wriggle out of part shifting of operations from Terminal 1 to Terminal 2 of Indira Gandhi International Airport, the Delhi High Court on Thursday, by way of one last opportunity, asked all parties concerned to sit together and arrive at a settlement on the issue.A bench of Justice Hima Kohli and Justice Rekha Palli asked...

Petition In Kerala HC Against Engg Colleges Cutting Short B.Tech Courses To Start Technical Education Leaving Students In Limbo [Read Petition]

A petition has been filed before the Kerala High Court challenging the decision of the All-India Council for Technical Education (AICTE) to allow engineering colleges imparting B.Tech degree courses to be converted to institutions providing technical education in absence of any clear-cut guidelines for such colleges which will leave the students in limbo.The petition has been filed by...

Punjab & Haryana HC Sets Aside Appointment Of CM's Chief Principal Secretary [Read Order]

The Punjab and Haryana High Court, on Wednesday, set aside the appointment of Mr. Suresh Kumar as the Chief Principal Secretary (CPS) to Chief Minister Capt. Amrinder Singh, holding that the same was "without authority of law and in clear violation of the Constitutional scheme".Justice Rajan Gupta was hearing a Petition filed by Advocate Ramandeep Singh who had pointed out that the CPS...

Appoint Manipur Human Rights Commission’s Office-Bearers Within 3 Months: HC [Read Judgment]

The appointment of other members is not dependent or contingent upon appointment of the Chairperson, and hence other members can be appointed independent of the existence or absence or appointment of the Chairperson, the Bench held.The Manipur High Court has directed the state to appoint the chairperson and the members of the Manipur Human Rights Commission within a period of three...

Environmentalist Akash Vashishtha Writes To Prez Ram Nath Kovind To Set Things Right In NGT

Amidst growing concern about NGT’s dwindling powers and shrinking strength, environmentalist Akash Vashishtha has written to President Ram Nath Kovind requesting him to resurrect the ailing institution in larger national interest.Vashishtha, who is also a journalist, has talked about the NGT’s differential treatment towards different aggrieved persons and its failure to follow the...

SC Allows Transfer Plea Of 100% Visually Disabled Husband In Domestic Violence Case [Read Order]

The Supreme Court recently allowed the transfer petition filed by a husband seeking transfer of a domestic violence case filed against him by his wife.The Bench comprising Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud noted that the Petitioner-husband is 100% visually disabled and has Deep Vein Thrombosis in his right leg. It therefore considered it...