'There Is Legitimate State Interest In Limiting Recognition Of Marriage To Persons Of Opposite Sex Only', Centre Opposes Plea To Recognize Same-Sex Marriage

Opposing a petition seeking recognition to same-sex marriages under various personal laws before the Delhi High Court, the Centre today informed the court through an affidavit that, "there is a "legitimate state interest" in limiting recognition of marriage to persons of opposite sex only", and that the institution of marriage is not merely a concept relegated to the domain of privacy of...

Insolvency Law In Review – January 2021

The enactment of the Insolvency and Bankruptcy Code 2016 (Code) has had significant ramifications on the corporate insolvency landscape. Over time, the Code has witnessed a manifold increase in litigation, and consequently in the number of decisions. This has made it difficult for insolvency practitioners to stay updated with developments in the field. The purpose of this column is to fill this gap by providing brief summaries of latest decisions, from the various fora dealing with...

Four New Judges Take Office In Kerala High Court; Working Strength Now 40

Four new judges were sworn-in as additional judges in the Kerala High Court on Thursday.Justices Murali Purushothaman, Ziyad Rahman, Karunakaran Babu and Dr. Kauser Edappagath took oath as Additional Judges of the Kerala High Court, for two years.Chief Justice S. Manikumar administered the oath of office.With their appointment, the judges strength of High Court rose to 40 as against the...

Medieval Notion Of Wife Being The Property Of Husband Still Persist In Majority Mindset, Refusal To Give Tea Not Sudden Or Grave Provocation : Bombay HC

Observing that the medieval notion of the wife being the 'property of the husband to do as he wishes, still persists,' the Bombay High Court refused to show any leniency to a man convicted for culpable homicide not amounting to murder. Justice Revati Mohite Dere held the husband's contention that his wife, by refusing to make tea, offered a grave and sudden provocation to be...

Holding Peaceful Processions, Raising Slogans Can't Be An Offence: Himachal Pradesh High Court Quashes FIR Against Lady Advocate

Underlining that holding peaceful processions, raising slogans, would not be and cannot be an offence under India's Constitution, the Himachal Pradesh High Court on Monday (22nd February) quashed an FIR filed against an Advocate under Sections 341, 143, 147, 149, 353, 504, and 506 IPC. The Bench of Justice Anoop Chitkara was hearing the plea of a lady Advocate and member of the...

Removal Of A Blind Person From The Job Solely On Ground Of Disability Violative Of Rights of PwD Act 2016: Calcutta High Court

The Calcutta High Court has set aside an order removing a blind Professor from the position of Head of the Bengali Department by the Haringhata Mahavidyalaya, primarily on the ground of his physical disability. A Single Bench of Justice Ravi Krishan Kapur noted that the memo dated 31st July, 2017, whereby the petitioner was removed, is in direct violation and contravention of...

'Once Appeared For A Party"- Calcutta HC Judge Recalls Her Order Even After No Objection By Both Parties, Says "It Is The Best And Only Course Available".

"Preserving the purity of the process of dissemination of justice is a collective responsibility which rests both on the Court and counsels, advocates-on-record and instructing attorneys who act as officers of the Court on behalf of the parties".

Not Possible To Relax Mandatory 30 Days Notice Period Or To Permit 'Digital' Marriage Unless Special Marriage Act Is Amended: Kerala High Court

Unless the provisions contained in the Special Marriage Act are amended, it would not be possible either to relax the mandatory period of notice or to permit marriage in digital form, the Kerala High Court observed.Justice PV Asha observed thus while dismissing a woman's plea to permit solemnisation and registration of her marriage on digital platform. She stated that she got married...

No Extra Chance For UPSC Exams; Supreme Court Dismisses Plea Of Last Attempt Civil Service Candidates

The Supreme Court on Wednesday dismissed the petition seeking extra chance in UPSC civil service exams for the candidates who had exhausted their last attempt in October 2020.The petitioners, who had given their last attempt in Civil Service Examination 2020, had sought for an extra chance citing difficulties created by COVID-19 pandemic and the national lockdown. The petitioners argued that...

'Evidence On Record Not Sufficient To Keep A 22 Year Old In Custody': Delhi Court Grants Bail To Disha Ravi In 'Toolkit' Case

A Delhi Court on Tuesday granted bail to 22-year old climate activist Disha Ravi, who was arrested by the Delhi police from her Bengaluru residence on February 13 in the farmers protest 'toolkit' case."Considering the scanty and sketchy evidence on record, I do not find any palpable reason to deny bail", Additional Sessions Judge Dharmender Rana of Patiala House Court Complex noted in the...

A Reminder On The Statutory Provisions Of Arrest And Remand In The Context Of Disha Ravi's Arrest

The 18th century Italian criminologist, jurist and philosopher Cesare Beccaria was probably the first person to have theorised rules of legislation in a series of articles on various aspects of criminal law published in English as An Essay On Crimes and Punishments. He propounded the theory of separation of powers by saying it is not for the sovereign who represents society to say whether any individual has violated the law. In case of a violation, there are two parties: the state, which insists...

Kerala High Court Directs Police Action Against Woman Who Made False Rape Complaint After Consensual Sex

The Kerala High Court on Monday directed the police to take expeditious legal action against a woman for making a false rape complaint against a man after having consensual sex with him.The woman had lodged a complaint that a junior health inspector had forcibly raped her while she was under quarantine for COVID-19. Last November, the High Court had granted him bail, after the woman filed...