Right To Contest Election Not A Fundamental Right: Madhya Pradesh High Court Refuses To Suspend Conviction Of Youth Congress Member

Dismissing an application for suspension of conviction filed by an aspiring election candidate in the Ratlam (Urban) constituency, the Indore bench of Madhya Pradesh High Court observed that the power of suspension of conviction can only be exercised in the very ‘exceptional circumstances’.The court further observed that the appellant who claims to be an active member of the Youth...

Marriage Equality | 5 Reasons Why Supreme Court Didn't Include Same-Sex Unions Under Special Marriage Act

On October 17, 2023, a Supreme Court Constitution Bench unanimously held that it could not strike down or read down the provisions of the Special Marriage Act (SMA),1954 to include non-heterosexual unions within the ambit of 'marriage'. In doing so, the Supreme Court effectively denied legal recognition for queer marriages in India. Despite the Constitution bench having pronounced...

Supreme Court Collegium Recommends Appointment Of Five Advocates As Punjab & Haryana High Court Judges

The Supreme Court collegium has recommended the names of five advocates for appointment as Judges of the Punjab and Haryana High Court. The names of the five advocates are Harmeet Singh Grewal, Deepinder Singh Nalwa, Sumeet Goel, Sudeepti Sharma and Kirti Singh.In its resolution passed today, the Collegium said, "On 21 April 2023, the Chief Justice of the High Court of Punjab and Haryana...

Differentiating Between Married And Unmarried Daughter In Compassionate Employment "Sexist": Calcutta High Court

The Calcutta High Court has found that the distinction between ‘married’ and ‘unmarried’ daughters for the purpose of compassionate appointment, as per Clause 9.3.3 of the National Coal Wages Agreement-VI is ultra vires and in violation of Article 14 and 15 of the Constitution.In dismissing the plea of the petitioners for compassionate appointment upon noting that the most...

‘Media Bound By Higher Standards Of Accuracy Than Ordinary Citizens’: Calcutta HC Issues Guidelines For Coverage Of Recruitment Scam Case

The Calcutta High Court has issued a set of guidelines for various media houses as well as investigative agencies, in particular, the Enforcement Directorate (“ED’”) in a plea by Rujira Banerjee, wife of TMC-MP and Recruitment-scam accused Abhishek Banerjee, seeking the Court’s intervention against ‘incessant media coverage’ of the case.Earlier, the Court had expressed...

Queerness Not An Urban, Elitist Concept: Supreme Court Declares

Stating that the court could not step into the domain of the legislature, the Supreme Court today refused to grant legal recognition for queer marriages in India. The Constitution bench pronounced four judgements– written by CJI DY Chandrachud, Justice SK Kaul, Justice Ravindra Bhat and Justice PS Narasimha respectively, with Justice Hima Kohli concurring with the view of Justice Bhat. In...

Sanction U/S 196 CrPC Not Obtained: Karnataka High Court Quashes Hatred Case Against Telangana Legislator Raja Singh

The Karnataka High Court has held that without the necessary sanction under Section 196 of the CrPC, the proceedings under Section 153A of the IPC could not continue, thereby clarifying that the absence of sanction was a fundamental defect in the prosecution.Justice M Nagaprasanna thus quashed the proceedings initiated against Telangana legislator Raja Singh Thakur and other accused for...

TMC MP Mahua Moitra Files Defamation Suit Before Delhi High Court Against BJP MP Nishikant Dubey, Advocate Jai Anant Dehadrai

Trinamool Congress MP Mahua Moitra has filed a defamation suit before the Delhi High Court against BJP MP Nishikant Dubey, former close friend and lawyer Jai Anant Dehadrai and various media organizations over “false and defamatory allegations” against her that she demanded exchange of bribe for asking questions in Parliament.The suit was listed before Justice Sachin Datta today who said...

Patna High Court Introduces Digital Leave Management System For Judicial Officers

In a significant step towards digitization and environmental sustainability, the Patna High Court has launched a state-wide “Leave Management System” for all Judicial Officers. This pioneering green e-initiative marks a departure from conventional paper-based processes.In an official notice dated October 13, 2023, the Patna High Court announced the implementation of the Leave...

Dowry Demand Without Ingredient Of Cruelty Not An Offence U/S 498A IPC: Kerala High Court

The Kerala High Court recently held a mere demand for dowry or any property or valuable security without the ingredient of 'cruelty' would not attract the offence under Section 498A IPC. It held that when both elements of demand and cruelty are combined, then liability would be fastened on an accused. "A mere skirmish in the ordinary life between the spouses or intermittent quarrel or even...

Kerala High Court Introduces Revised Guidelines For New Categorisation Of Filing System

The Kerala High Court has issued revised guidelines dated October 11, 2023, to categorize matters into Today, Tomorrow and Day After Tomorrow basis. The categorization is introduced in reference to notice dated December 23, 2022 read with corrigendum dated December 27, 2022 to facilitate faster and more efficient scrutiny of e-files.As per the revised guidelines, OP (RC) is decided to...

‘Very Disturbing Trend Of Investigation’: Court Raps Prosecution For ‘Fluctuating’ Stands On Clubbing Of Complaints In Delhi Riots Case

Calling it a very disturbing trend of investigation, the Delhi Court has pulled up the prosecution for “fluctuations and ups and downs” in its stand about clubbing of complaints in a 2020 Delhi riots case.Additional Sessions Judge Pulastya Pramachala of Karkardooma Courts sent a copy of the order to the DCP, North East Delhi, and directed the official to appear before the court himself...