The Medical Termination of Pregnancy (Amendment) Act, 2021- Progressive But Not Far Enough

The Medical Termination of Pregnancy (Amendment) Act, 2021[1] ('Act') has come into force with effect from 24th September 2021. The Act amends the Medical Termination of Pregnancy Act 1971 ('MTP Act') which regulates the conditions under which medical termination of pregnancy be pursued. The Act inter alia modifies Section 3 of the MTP Act to extend the upper limit for medical termination of pregnancy to 24 weeks, from the present stipulation of 20 weeks, for certain categories of women...

Examining A Sexual Harassment Complaint

The foundation of freedom, justice and peace in the world roots from the recognition of inherent dignity and of the equal and inalienable rights of all the members of the human family. Women are thus entitled to human rights, including the right to live free from violence and discrimination. However, even after great strides made by the International women's rights movements over...

Compulsory Registration Of Child Marriages : Understanding The Issue

The Rajasthan State Legislative Assembly passed a bill to amend Rajasthan Compulsory Registration of Marriages Act, 2009, which provides for mandatory registration of marriages, including child marriages. This has generated a lot of controversy and outrage. Thus, it is important to know about the law prohibiting child marriages as well as the background of compulsory marriage...

Is Taking Voice Sample From Accused Without His Consent Unconstitutional?

The Rajasthan High Court recently dismissed a plea of an accused in which he contended that his voice sample cannot be taken against his wishes, as it would amount to self-incrimination under Article 20 of the Constitution of India. Justice Pushpendra Singh Bhati, in this regard, referred to the Supreme Court judgment in Ritesh Sinha Vs. State of Uttar Pradesh. This piece intends to examine...

Difference Lies In The Degree Of The Act: Supreme Court Explains Subtle Distinction Between Culpable Homicide U/s 304 IPC & Murder

In a judgment delivered on Wednesday (15 September 2021), the Supreme Court explained the difference between culpable homicide under Section 304 of the Indian Penal Code and murder under Section 300 IPC.The court observed that, though it difficult to distinguish between culpable homicide and murder as both involve death, there is a subtle distinction of intention and knowledge involved in...

Commercial Suits & Requirement Of Establishing Reasonable Cause For Non Disclosure Of Documents Under Order XI Rule 1 (4) CPC: Supreme Court Explains

The Supreme Court observed that the requirement under Order XI Rule 1(4) of Code of Civil Procedure (as applicable to commercial suits) of establishing the reasonable cause for non disclosure of the documents along with the plaint under shall not be applicable if it is averred and it is the case of the plaintiff that those documents have been found subsequently and in fact were...

Criminal Trial- How To Prove Contradictions? Gauhati High Court Answers

The Gauhati High Court recently upheld the order of a trial court wherein it had rejected a plea on the ground that the defence side had failed to prove the contradictions of the witnesses in accordance with law. While examining the validity of such conclusion recorded by the learned trial court, the division bench of Justice Suman Shyam and Justice Robin Phukan relied on Section 145 of...

Difference Between 'Royalty' & 'Tax' : Supreme Court Explains

The Supreme Court has explained the differences between the concepts of 'royalty' and 'tax' in a recent decision.A division bench comprising Justices UU Lalit and Vineet Saran observed that 'Royalty' has its basis in an agreement entered into between parties and has a nexus with the benefit or privilege conferred on a grantee. Tax is imposed under a statutory power without reference to...

Leading Cases For Supreme Court AOR Exams 2021 [Part 3- Constitutional Amendments and Reservations]

This part of the 'Leading Cases for AoR Exams' article series deals with two topics: Constitutional Amendments (1, 3, 6, 9, 33, 36) and Reservations (7,49).His Holiness Kesavananda Bharati Sripadagalavaru v. State of KeralaCase: WP(C) 135 of 1970; 24 April 1973; CJI Sikri, S.M., Justices Shelat, J.M., Hegde, K.S. & Grover, A.N., Ray, A.N. & Reddy, P.J. & Palekar, D.G., Khanna,...

Arbitration Court Reckoner : June & July 2021

By way of the present column, an attempt is made to briefly review the salutary judgments pronounced by the Courts in the months of June & July 2021 under the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the 'Act'). While as many judgments as possible are sought to be reviewed, owing to the limited column space, some judgments would invariably be left out. Further, while an attempt is made to include and review some judgments of various other High Courts, the...

Conditions To Attract Presumption As To Abetment Of Suicide By Married Woman U/s 113A Evidence Act: Supreme Court Explains

The Supreme Court observed that to attract the applicability of Section 113-A of the Evidence Act, three conditions are required to be fulfilled:The woman has committed suicideSuch suicide has been committed within a period of seven years from the date of her marriage The charged-accused had subjected her to crueltyIf all the three conditions stand fulfilled, presumption can be drawn against...

Applicability Of Res Judicata Between Co-Defendants: Supreme Court Explains

The Supreme Court, in a judgment passed last week, examined the applicability of res judicata between co-defendants.The court observed that the requisite conditions to apply the principle of res judicata as between co-defendants are that :(a) there must be conflict of interest between the defendants concerned; (b) it must be necessary to decide this conflict in order to give the plaintiff...