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Dismissal Of An Earlier Section 482 CrPC Petition Does Not Bar Filing Of Subsequent Petition, If Facts So Justify: Supreme Court
Dismissal of an earlier Section 482 CrPC petition does not bar filing of subsequent petition under Section 482, in case the facts so justify, the Supreme Court reiterated while dismissing a writ petition filed by an IAS Officer.IAS Officer, Vinod Kumar, had approached the Apex Court by filing a writ petition under Article 32 of the Constitution seeking quashing of about 28 cases against...
Wife Entitled To Maintenance Even If She Unilaterally Divorces Her Husband If She Is Unable to Maintain Herself: Calcutta High Court
The Calcutta High Court on Thursday ruled that a divorced wife is entitled to maintenance under Section 125 of the Code of Criminal Procedure (CrPC) even if the divorce had been unilaterally initiated by her. In the concerned case, the petitioner had challenged an order dated 18th November, 2017 passed by the Additional Sessions Judge, 5th Court, Murshidabad whereby maintenance...
Breaking- "Restriction On Unvaccinated Persons For Leaving From Their Houses, Debarring Them From Earning Livelihood,Violative Of Art 14,19 and 21": Gauhati High Court
The Gauhati High Court on Friday held that the SOP issued by the State of Mizoram stating that the restriction placed on the unvaccinated persons debarring them from earning their livelihood, leaving thereby their houses to obtain essential items is arbitrary and illegal to Art. 14 and 21.A division bench comprising of Justice Michael Zothankhum and Justice Nelson Sailo observed thus:"There...
Supreme Court Weekly Round Up, June 28 To July 4, 2021
JUDGMENTS THIS WEEK1. Persons With Disabilities Have Right To Reservation In Promotions : Supreme CourtTitle : State of Kerala and others vs Leesamma JosephCitation : LL 2021 SC 273The Supreme Court this week held that persons with physical disabilities have right to reservation in promotions also.A 2-judge bench comprising Justices Sanjay Kishan Kaul and R Subhash Reddy held so dismissing...
"Rules Would Have Chilling Effect On Lawyers' Participation In Public Life": Bar Association Of India Calls Upon BCI To Withdraw Its Recent Amendments
The Bar Association of India has called on the Bar Council of India to restore the independence and dignity of the legal profession and forthwith withdraw the recent amendments made by BCI to the Bar Council Of India Rules. The Association has stated that merely keeping it in abeyance or placing the same before the Review Committee would not serve any purpose.The Bar Association of India...
Sec. 138 NI Act- Chhattisgarh High Court Issues Practice Directions Pursuant To Supreme Court Order On Cheque Bouncing Cases
The Chhattisgarh High Court issued practice directions to Magistrates and Trial Courts having jurisdiction to try offences under the Negotiable Instruments Act pursuant to the directions issued by the Supreme Court (In Re Expeditious Trial Of Cases Under Section 138 of N.I Act) regarding the trial of Cheque bouncing cases.The practice directions that came into force with immediate effect...
Delhi High Court Grants Police Protection To Hindu Girl Alleging Harassment From Media Houses For Wanting To Convert Into Islam
The Delhi High Court on Friday granted police protection to a Hindu Girl who alleged that certain media houses are harassing her by airing programmes against her, for wanting to convert to Islam.Justice Subramonium Prasad directed SHO, Jamia Nagar to ensure that adequate police protection is given to the girl till the next date of hearing i.e. 26th July.Akshita Sharma had knocked the doors of...
'Transparency Required In Government Actions': Calcutta High Court Extends Interim Stay On Teacher Recruitment Process For Upper Primary Schools Till July 9
The Calcutta High Court on Friday extended the interim stay imposed on the West Bengal government's ongoing process of recruitment of teachers for primary schools till July 9. Justice Abhijit Gangopadhyay vide an earlier order dated 30.6.21 had imposed an interim stay on the recruitment process in light of the emerging allegations involving irregularities in the marking scheme...
On Policing In Pandemic, Mindless Arrests & Prison Overcrowding : Interview Criminal Justice & Police Accountability Project
In this two part series interview with Criminal Justice and Police Accountability Project we are in conversation with Nikita Sonavane, Ameya Bokil and Srujana Bej, lawyers and team members at the CPA project. In the first part we discussed the need of documenting and intervening against the disproportionate harm caused by the criminal justice system against marginalized castes. In...
'I Was Not Aware That My Father Had Appeared In Earlier Proceedings': Justice Rohinton Nariman Recuses From Kamakhya Temple Contempt Hearing
Justice Rohinton Nariman on Friday recused from a contempt petition in the Sri Sri Maa Kamakhya Temple Management case.The Supreme Court had on July 7, 2015 upheld the 2011 Gauhati High Court decision to restore the administration of the temple to the Bordeuri Samaj, comprising five main families of priests who had run the temple since time immemorial until 1998- when the Kamakhya Debutter...
Can Maternity Leave Under CCS Rules Be Denied On Grounds That Woman Has 2 Step-Children?: Supreme Court To Consider
The Supreme Court has agreed to consider whether Central Civil Services (Leave) Rules, 1972 can be interpreted in a way to include even the step-children of a woman to deny her the benefit of maternity leaves or can only the biological child can be considered for the purpose of grant of maternity leave. The bench of Justices DY Chandrachud and M.R Shah was considering an SLP arising out of...
