Muslim Husband Has No Fundamental Right To Compel Wife To Share His Consortium With Another Woman: Gujarat High Court

The Gujarat High Court has recently observed that as per the Muslim law, as enforced in India, a Husband has not been given any fundamental right to compel his wife to share his consortium with another woman (husband's other wives or otherwise) in all circumstances.The bench of Justice J. B. Pardiwala and Justice Niral Mehta observed thus while holding that in a suit filed by the husband...

Parliament Annual Round-Up 2021

While productivity in Parliament this year remained low, both Houses nevertheless managed to pass a handful of important Bill this year. While some Bills witnessed intense deliberation and discussion, some were passed within minutes of their introduction in both the Houses. BUDGET SESSION The Budget Session for this year was divided into two phases with a recess from February 16, 2021...

Restitution Of Conjugal Rights- "Can't Force Wife To Cohabit With Husband Even By A Court's Decree": Gujarat High Court

In an important ruling, the Gujarat High Court has observed that in a suit filed by the husband for restitution of conjugal rights, a woman cannot be forced to cohabit with her husband even by way of a court's decree.This assertion came from the Bench of Justice J. B. Pardiwala and Justice Niral Mehta while overturning a family court's order under which a Muslim woman was directed to go back...

Section 482 CrPC : Supreme Court Judgments On High Courts' Power [2021]

Section 482 of the Code of Criminal Procedure saves the inherent powers of High Courts. It provides that nothing in the Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under the Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.Invoking such powers,...

"No Compromise Against Honour Of Woman": AP High Court Refuses To Set Aside Rape Conviction On The Basis Of Compromise

The Andhra Pradesh High Court last week refused to set aside an order of conviction in a rape case as it noted that rape is an offence against society and it is not a matter to be left for the parties to compromise and settle.The Court also opined that the concept of compromise, under no circumstances, can be thought of as there cannot be a compromise or settlement against the honor and...

Supreme Court Judgments On Women Empowerment & Gender Equality In 2021

" No country can ever truly flourish if it stifles the potential of its women and deprives itself of the contributions of half its citizens" : Michelle ObamaIt is a known fact that women have been struggling for decades trying to fight the patriarchal mindset and stereotypes which come along with it. When discrimination against women is prevalent in various forms and in different spheres,...

From Court Assistant To Judge: Justice Narayana Pishardi's Noteworthy Judgments

"Way back in the year 1981, when I joined the Kerala High Court Service as an Assistant, little did I think, even in my dreams, that one day I would be called upon to occupy the seat of a Judge in this temple of justice. Perhaps, history is being created now by the elevation of a former staff as a Judge of this august institution. And I am really very proud of it."These are the words of a...

Arbitration Court Reckoner :August-October 2021 (Part 2)

This is the second part of the article. The first part covering 30 judgments may be read here. (xxxiii)Court should not substitute its subjective satisfaction of urgency to grant interim measures with that of the Arbitral Tribunal Filing of Statement of Claim under S. 23 cannot be treated as a sine qua non for the maintainability of an application for interim protection under...

Madras High Court Judgments On Citizens' Rights & Constitutional Freedoms In 2021

In the year 2021, there were many instances where Madras High Court placed constitutional freedoms and citizens' rights on a higher threshold. LiveLaw lists out those instances for our readers below. 1. 'Right To Be Funny Can Be Mined In Article 19(1)(a)' : Madras High Court Quashes FIR Over Humorous Facebook Post [Mathivanan v. Inspector of Police & Ors.] While quashing...

Absence Of Prior Approval By State Government Before Executing The Sale Deed Would Vitiate And Invalidate The Document: Karnataka High Court

The Karnataka High Court recently said that not obtaining of previous/prior approval from the State Government by the Karnataka Housing Board (KHB) before execution of the sale deed dated would invalidate and vitiate the said document. A single Judge bench of Justice S.R.Krishna Kumar quashed the sale deed executed by the father of petitioner Kadasiddeshwara S/O Gurunath Byakodi with...

Supreme Court Annual Digest 2021 - Part 3 [Citations 501 to 766]

As the end of year 2021 is nearing, LiveLaw brings to you an yearly Round-up of Supreme Court judgments. This yearly digest includes 765 orders and judgments, listed in the order of LiveLaw citation index.Due to the bulky size of the digest, it is being published in three parts. Part 1 covered citations from 1 to 250. Part two covered citations from 250 to 500 and part three will...

Allahabad High Court: Annual Digest 2021 [Compendium Of 250 Orders/Judgments]

As the year 2021 is coming to an end, LiveLaw brings to you a yearly Round-up of important updates from the Allahabad High Court. This yearly digest includes 250 orders and judgments, divided into 22 different subject heads.Criminal Law Cases1.Anticipatory Bail Matters Concern Liberty Of Citizens and Required to be Given Priority: Allahabad High Court Directs State To Ensure...