Top Three News
Bishop Franco Judgment Overturned Criminal Law Jurisprudence, Put Rape Survivor On Trial : Rebecca John
Renowned criminal law practitioner Rebecca M John, Senior Advocate, criticized the judgment of the trial court which acquitted Bishop Franco Mulakkal in the nun rape case. She termed the judgment "a travesty", which "put the victim on trial instead of the accused", "overturned the criminal law jurisprudence" and "completely disregarded the law of the land".Speaking at a virtual meeting...
Memories From The Life Of An Angel - Tribute To Lydia
Lydia Suzanne Thomas, who was the Kerala High Court correspondent of LiveLaw, had passed away on December 27, 2021, succumbing to cancer. Within a short stint of a few months, Lydia left a mark for herself in the field of legal journalism with her quick and crisp reports on complex legal issues.In the words of MA Rashid, Chief Editor and Founder of LiveLaw "Lydia was brilliant beyond her...
The Art Of Writing Orders In Civil Cases
The Journey of a civil case isn't a straight road where you start from a particular point and reach your final destination, without any interruptions. Rather a civil case is like one of those tedious Haryana Roadway's bus journeys - with multiple halts - before it reaches its final destination. A civil suit from its very onset (presentation of plaint) till the very end (execution...
Marital Rape - Expectation Of Sexual Relations Cannot Lead To Husband Having Forcible Sex With Wife: Rebecca John To Delhi High Court
The Delhi High Court on Friday continued hearing a batch of petitions challenging the exception to Section 375 of the Indian Penal Code, which exempts forceful sexual intercourse by a man with his own wife from the offence of rape.Senior Advocate Rebecca John appearing as amicus curiae in the matter told a bench of Justice Rajiv Shakdher and Justice C Hari Shankar that expectation of...
Cricket Match Fixing Does Not Amount To Offence Of Cheating Under Section 420 IPC: Karnataka High Court Quashes FIR Against KPL Players
The Karnataka High Court has said that cricket match fixing does not amount to the offence of cheating and therefore the offence under Section 420 IPC cannot be invoked against the alleged offenders. A single judge bench of Justice Sreenivas Harish Kumar said, "It is true that if a player indulges in match fixing, a general feeling will arise that he has cheated the lovers of the game....
OBC Quota In PG Courses Not Prohibited; Can't Say Backwardness Will Disappear With Graduation: Supreme Court In NEET-AIQ Case
The Supreme Court on Thursday held that there is no prohibition for introducing reservation for socially and educationally backward classes (or the OBCs) in Post-Graduate courses."In our opinion, it cannot be said that the impact of backwardness simply disappears because a candidate has a graduate qualification", the Court said.The bench of Justices DY Chandrachud and AS Bopanna was...
'I Know Good Touch-Bad Touch; Have Learnt In School' : Boy's Statement Leads To Man's POCSO Conviction
A recent judgment from Kerala in a child sex abuse case highlights the importance of imparting sensitization among children about 'good touch' and 'bad touch'.A Fast Track Special Court in Thiruvananthapuram on Monday sentenced a man to rigorous imprisonment for five years for sexually abusing a minor boy in 2020 under the Protection of Children from Sexual Offences (POCSO) Act.Special Judge...
Irrelevance Of Character Evidence In Rape Trials
It has often been stated by activists, policy makers and judges alike that rape trials victimise the rape survivor[1] by subjecting her to a series of harrowing experiences, from the medico-legal examination to harassment by the police, disturbing cross-examinations and in several cases, the questioning of her character by lawyers, judges and the public.[2] To make the process...
Fake Arbitration In 'Film Shooting Set' Court Room, Madras High Court Cancels Award Directing Execution Of Sale Deed In Respect Of Stranger's Property
Madras High Court has recently set aside an arbitral award directing execution of sale deed of a third party's property, alien to the proceedings before the tribunal, after huge fraud came into light with respect to the transaction between the parties and the arbitral proceedings before the tribunal. Before the Division Bench of Justice P.N Prakash and Justice S....
Guarantor Whose Guarantee Stands Invoked By Any Creditor Barred From Giving Resolution Plan, Though Insolvency Initiated By Another Creditor: SC On Sec 29A(h) IBC
The Supreme Court has delivered an important judgment interpreting the scope of Section 29A(h) of the Insolvency and Bankruptcy Code. Section 29A IBC specifies the categories of persons who are not eligible to be resolution applicants.Sub-section (h) of Section 29A refers to persons whose guarantees stand invoked by the creditors of the corporate debtor. The exact wordings of the provision are...
Kerala High Court Directs State Police Chief To Enquire Into Allegations Of Media Trial In Actor Assault Case On Dileep's Plea
The Kerala High Court on Tuesday directed the State Police Chief to enquire into the allegations raised by actor Dileep that the media was flouting the trial court's order restricting the publication of matters related to the 2017 actor assault case till the conclusion of the trial.Justice Kauser Edappagath remarked that the allegations if found to be true, should be handled with prompt action...