Offspring From An Illegitimate Marriage Of Deceased Also Entitled To Family Pensionary Benefit: Gauhati High Court [Read Order]

The Gauhati High Court has held that offspring from an illegitimate marriage of a deceased will also be entitled to the family pensionary benefit of such deceased. "Even the offspring of a wife of a deceased, whose marriage may not be legitimate, would also be entitled to the family pensionery benefit pertaining to such deceased," the Single Bench of Justice Achintya Malla Bujor...

Courts Cannot Mechanically Relegate Parties To File Election Petition When There Is Subversion Of Election Process By Adopting Illegal Means: Madras High Court [Read Order]

"The Election process even for Panchayats must be recognized and given the status of the Elections conducted for forming the Government in the Centre or the State. A local body Election has been given such a status by the Constitution itself. Therefore, any interference that takes place in a free and fair Election conducted for the local body, must be taken very seriously by this...

Plea In Supreme Court Seeks Directions To Hold Facebook, WhatsApp, Twitter Etc. Responsible For Allegedly Spreading Hate, Fake News

A Public Interest Litigation (PIL) petition has been filed in the Supreme Court seeking directions to the Centre to frame laws for criminal prosecution of persons involved in spreading hate and fake news through social media.The Plea has arrayed Union of India, Ministry of Home Affairs, The Ministry of Corporate Affairs, The Ministry of Telecommunication, Twitter Communications India...

Lawyer Seeks Initiation Of Criminal Contempt Against DIG Of CBI For Alleged Physical Assault On Public Prosecutor

A representation to the Delhi government's standing counsel, Mr Rahul Mehra has been made by an Advocate seeking his consent for initiating criminal contempt proceedings against CBI Deputy Inspector General (DIG) Raghavendra Vatsa, who allegedly punched a public prosecutor in his face.Advocate Amit Sahni has made the representation invoking section 15 of the Contempt of Courts Act, 1971 in...

Kerala Court Permits Limited Internet Access To 'Maoist' Undertrial For Legal Research [Read Order]

A Kerala Court has permitted Roopesh, who is undertrial in several cases for alleged links with Maoist organizations, to use Internet facility for 45 minutes every week for the purposes of legal research.He can access only the official websites of the Supreme court and various High Courts in India, India Code, Indian Kanoon and any useful search engine for accessing any of the said...

Preferences & Inclinations Of Child Are Important In Determining Issue Of Parental Custody : Supreme Court [Read Judgment]

The Supreme Court, in a judgement pertaining to transnational custody of child, relied upon Section 17(3) of the Guardian and Wards Act, 1890 which states that the Court can consider the preferences of the minor if he/she is old enough to form an intelligent preference. "As per Section 17(3), the preferences and inclinations of the child are of vital importance for determining the issue...

'State Cannot Act In A Misogynistic Way': Himachal Pradesh High Court Reads Down Policy Excluding Married Daughters From Compassionate Appointment

"The State cannot act in a misogynistic way," the Himachal Pradesh High Court remarked on Wednesday while allowing a married daughter's plea seeking compassionate appointment in her deceased father's place. "If the marital status of a son does not make any difference in the eyes of law, then it is difficult to think, how marital status of a daughter makes such a huge difference in...

"Mumbai Police Is Considered As One Of the Best In The World", Observes Bombay High Court

Praising the Mumbai Police for working against all odds, the Bombay High Court has said that the police personnel are carrying out their duty under a lot of pressure amid the COVID-19 pandemic and lockdown, and hence cooperation from public is required.A division bench of Justices S S Shinde and M S Karnik on Thursday also said that the Mumbai police are considered as one of the best in...

All Courts In This Country Are Bound By The Judgment Of The Apex Court, Says Supreme Court [Read Order]

All Courts in this country are bound by the judgment of the Apex Court, the Supreme Court remarked while disposing a special leave petition on Thursday.Justice RF Nariman led bench was considering an SLP filed against a Madhya Pradesh High Court judgment in a land acquisition matter. It was submitted before the bench that the petitioner apprehends that the Executing Court may not follow...

[LIVE NOW] Gautam Bhatia's Lecture Series On Landmark Cases- S Krishnan Vs State Of Madras

LiveLaw presents another episode of the Gautam Bhatia's Lecture Series On Landmark Cases Of Indian Supreme Court, This Month's Case: S Krishnan & Others v State of Madras.Gautam Bhatia graduated from the National Law School of India University in 2011. He read for the BCL and the MPhil at the University of Oxford, on a Rhodes Scholarship, and for an LLM at the Yale Law School. He...

When Party Members of Constituents Of A Coalition Act Against Coalition's Interest, It Amounts To Acting Against Their Own Party: Kerala High Court

While upholding the decision of the Election Commission, the Kerala High Court recently dismissed Writ Petitions filed against the decision of EC declaring the petitioners "disqualified" for being members of Grama Panchayath (Ranny-Pazhavangadi) and also disqualified them from contesting as candidates in any election of the local body for a period of six years.Before the Bench of Justice...

[IB Official Ankit Sharma Murder During Delhi Riots] 'Reminiscent Of Carnage During The Days Of Partition', Delhi Court Denies Bail To Accused

While denying the benefit of Bail to IB Officer Ankit Sharma's Murder Accused (Muntajim alias Musa), the Karkardooma Court (Delhi) on Thursday (29th October) remarked that "it is common knowledge that the dreary days of 24.02.2020 and 25.02.2020 saw parts of North-East Delhi gripped by a communal frenzy, reminiscent of carnage during the days of partition".The Additional Sessions Judge...