Agreement By Which Wife Waives Right Of Maintenance Under Section 125 CrPC Not Enforceable, Kerala High Court Reiterates

The Kerala High Court on Thursday said the law is well settled that an agreement by which a wife waives her right of maintenance under Section 125 of CrPC is an agreement against public policy and the same is ab initio void and not enforceable."Therefore, the claim for allowance of maintenance by the wife cannot be disputed or denied on the basis of a void agreement and the wife is entitled...

Consensual Relationship Leading To Child Birth: Meghalaya High Court Quashes POCSO Case

The Meghalaya High Court has quashed proceedings under the POCSO Act on the ground that the victim was in an intimate and consensual relationship with the accused and both have agreed to stay together as husband and wife. While allowing the petition, Justice W. Diengdoh observed: “this is one such case where a young couple about to cross their years of adolescence have got...

PSI Recruitment Scam: Karnataka High Court Issues Notice To State On Congress MLA Priyank Kharge's PIL Seeking Court-Monitored Probe

The Karnataka High Court on Thursday issued notice to the State government on a public interest litigation filed by Congress Member of Legislative Assembly, Priyank M. Kharge, seeking a court-monitored investigation into the Police Sub-Inspector (PSI) recruitment scam through a Special Investigation Team (SIT) to be constituted. A division bench of Justice Alok Aradhe and Justice...

Supreme Court Directs Videography Of Sakal Hindu Samaj Meet; Asks Police To Take Preventive Action If Necessary To Prevent Hate Speech

The Supreme Court on Friday recorded the undertaking made by the State of Maharashtra that if permission is granted for Sakal Hindu Samaj for holding its proposed meeting at Mumbai on February 5, it will be subject to the condition that "nobody will make any hate speech and act in defiance of law or disturb the public order".Solicitor General of India Tushar Mehta made this undertaking before...

Reports And Dossiers Of Intelligence Agencies Can’t Be Disclosed Under RTI Act, State Police ATS Exempted: Delhi High Court

The Delhi High Court on Friday observed that the reports and dossiers prepared by intelligence agencies cannot be disclosed under the Right to Information Act, 2005. Justice Prathiba M Singh said that major public interest is in protecting safety and security of the country and not in disclosing such reports. “Reports and dossiers by intelligence authorities, which are subject matter...

[Appointment Of Judges] Centre Wrote To CJI To Finalize MoP On Jan 6, Response Of SC Not Yet Received

The Union Law Minister Kiren Rijiju on Friday informed the Lok Sabha that the Government wrote to the Chief Justice of India (on January 6) emphasizing the need to finalize the MoP (Memorandum of Procedure) for the appointment of Judges to the SC and HCs, however, the response to the same is yet to be received from the Supreme Court. The Union Law Minister, Kiren Rijijju...

Pending Recommendations To Appoint 5 SC Judges Will Be Cleared Soon : AG Tells Supreme Court

The Attorney General for India R Venkataramani on Friday informed the Supreme Court that the Central Government will very soon clear the recommendations forwarded by the Supreme Court collegium in December 2022 to elevate five High Court judges to the Supreme Court.Replying to a query raised by the Court regarding the status of the pending recommendations, the AG assured that warrants...

Appoint Two Women Social Workers In State Monitoring Committee Under Anti-Manual Scavenging Law: Gauhati High Court To Assam Govt

The Gauhati High Court on Thursday directed Assam government to include two women social workers in the State Monitoring Committee constituted under Section 26 of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013. Section 26(1)(i) of the 2013 Act mandates that two of the four social workers in the committee must be women. However, state government...

Supreme Court Asks Centre To Produce Original Records Relating To Order Blocking BBC's Documentary On Modi

The Supreme Court on Friday issued notice on petitions challenging the Centre's decision to block the public access to BBC's documentary "India : The Modi Question".A bench comprising Justices Sanjiv Khanna and MM Sundresh also directed that the Centre should produce the original records relating to the order on the next date of hearing, which will be in April 2023.The bench was considering...

District Collector's Sanction Not Necessary For Initiating Prosecution Under Section 7 Of Essential Commodities Act: Kerala High Court

The Kerala High Court recently held that the sanction of the district collector is not required for initiating prosecution under Section 7 of the Essential Commodities Act, 1955. Justice Murali Purushothaman said that under Section 7 of the Act, the power to impose penalty is vested with the court and it is not for the District Collector to decide whether a person has committed...

No Timeline Can Be Set For Filling Up Judicial Vacancies In Constitutional Courts: Law Minister Kiren Rijiju

The Union Law Minister Kiren Rijiju on Thursday while replying to the question put forth by Telugu Desam Party MP Kanakamedala Ravindra Kumar regarding the vacancies of judges in the Andhra Pradesh High Court, said that "filling up of vacancies in the High Courts is a continuous, integrated and collaborative process between the Executive and the Judiciary. It requires consultation and...

Supreme Court Directs That Its Two Judgments On Bail & Arrest Guidelines Be Made Part Of Curriculum In Judicial Academies

The Supreme Court on Friday directed that its judgments, which laid down elaborate guidelines regarding arrest and bail, be made part of the curriculum of State Judicial Academies, where judicial officers are given training.The 2021 judgment in the case Siddharth vs. State of Uttar Pradesh LL 2021 SC 391 and the 2022 judgment in the case Satender Kumar Antil vs Central Bureau Of...