News Updates
Candidate Accused Of Heinous Offence Can't Claim Right To Appointment When Acquittal Was On 'Benefit Of Doubt' : Supreme Court
In a significant ruling, the Supreme Court held that an acquittal in a criminal case does not automatically qualify a candidate for a sensitive law enforcement post, particularly when the acquittal is based on technical grounds or on giving benefit of doubt. The Court emphasized that employers retain the right to assess a candidate's suitability for a position. The issue before the Court...
Husband-Wife Sexual Relations Not Restricted To Procreation, Can't Define Any Act Beyond 'Natural' Sex B/w Them As ‘Unnatural’: MP High Court
Holding that a husband cannot be prosecuted under Section 377 IPC (Unnatural Offence) in view of Section 375 IPC (Rape) which exempts marital sex and also covers all possible penile penetration, the Madhya Pradesh High Court has observed that if anything is done between them apart from the deemed natural sexual intercourse, the same cannot be defined as ‘unnatural’. The bench...
Bengaluru Court Issues Summons On Defamation Suit Filed By 'The News Minute' Against 'Karma News', 'The Hindu Post' Etc.
A Civil Court in Bengaluru on Thursday issued summons to operators of news portals Karma News, Indus Scrolls, Hindu Post and Malayala Manorama reporter Binnu Vijayan Vijaykumari, for allegedly publishing defamatory content against The News Minute and its co-founder and director Dhanya Rajendran.Additional City Civil and Session Judge while hearing the suit filed by Spunklane Media, which...
Sanatana Dharma Row | Supreme Court Issues Notice To Tamil Nadu Minister Udhayanidhi Stalin
The Supreme Court on Friday agreed to hear a plea seeking the registration of a first information report (FIR) against Tamil Nadu minister and DMK leader Udhayanidhi Stalin over his controversial remarks about 'Sanatana Dharma'. Besides this, the petition also raised concerns about a 'Sanatana Dharma Eradication Conference', where these remarks were allegedly made by the minister sparking...
Can't Prosecute A Husband U/S 377 IPC As S. 375 IPC Exempting Marital Sex Covers All Possible Penile Penetration: MP High Court
In a significant observation liable to add to the ongoing debate regarding the criminalisation of marital rape, the Madhya PradeshHigh Court has observed that after the 2013 amendment to the definition of Section 375 IPC (Rape), there is no place for any unnatural offence (as per Section 377 IPC) to take place between a husband and wife. The Court made this observation while quashing an...
Supreme Court Dismisses PIL Seeking Independent Audit Of EVM Source Codes
The Supreme Court on Friday refused to entertain a Public Interest Litigation (PIL) seeking an independent audit of source codes of Electronic Voting Machines (EVMs). The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra noted that the matter concerned sensitive policy issues and thus, the court was not inclined to interfere with the same. At the outset,...
Supreme Court Rejects Firecracker Makers' Plea To Use Barium & Joined Crackers
The Supreme Court on Friday rejected an application filed by the firecracker manufacturers association to include barium with improved formulations in green crackers. The Court clarified that the earlier orders passed by it banning the use of barium-based chemicals in fire crackers will prevail.The Court further rejected another application filed by the firecracker manufacturers to use...
Prescribe Minimum Marks Requirement For Languages Other Than Tamil & English Also In TN Schools: Supreme Court In Linguistic Minorities' Plea
The Supreme Court on Thursday (September 21) made some pertinent observations with respect to Tamil Nadu Tamil Learning Act, 2006, (Act) which made Tamil paper compulsory in the tenth standard board exam. Pursuant to the Act, while Tamil was mandated in the syllabus as a compulsory subject, minority linguistics were considered as an optional subject for which there was no requirement of...
Principles To Prove Validity & Execution Of Will : Supreme Court Explains
Recently, a Division Bench of the Supreme Court, comprising Justices Abhay S. Oka and Sanjay Karol, laid down certain principles required for proving the validity and execution of the Will. In substance, these principles enunciated that apart from statutory compliance under Section 63 of the Succession Act, broadly, it has to be proved that (a) the testator signed the Will out of his own...
'Sanātana Dharma-Untouchability' Remark | Another Complaint Filed In Bihar Court Against TN Minister Udhayanidhi Stalin
Another private complaint has been filed before a court of Chief Judicial Magistrate in Bihar's Muzaffarpur against Tamil Nadu minister Udhayanidhi Stalin for his alleged remark that if Sanatana (Dharma) is destroyed, untouchability will also be destroyed. The Complaint has been filed by a lawyer named Sudhir Kumar Ojha stating that Stalin made the said statement for the...
No Party Should Be Vexed Twice In A Litigation For One And The Same Cause: Supreme Court On 'Constructive Res Judicata'
Recently, a Division Bench of the Supreme Court, reiterated the established law on the doctrine of res judicata that has been recognized by this Court in several judgments. The Court opined:“The doctrine itself is based on public policy flowing from the age-old legal maxim interest reipublicae ut sit finis litium which means that in the interest of the State there should be an end to...
'What Is Achieved By Keeping Reformed Convict In Prison Forever?': Supreme Court Orders Release Of Prisoner Who Spent 26 Years In Jail
The Supreme Court today ordered the release of a convict who had spent nearly 26 years in prison, asserting that the denial of premature release violated fundamental rights protected under Article 14 (Right to Equality) and Article 21 (Right to Life). The Court emphasized the need to consider the rehabilitation and reformation of inmates who may have drastically transformed during their...