Gujarat High Court Restores Senior Counsel Designation Of Advocate Yatin Oza For 2 Years

The Gujarat High Court, in its full-court meeting has resolved to restore the designation of Yatin Oza, as a senior advocate for a period of two years with effect from January 1, 2022.This decision comes against the backdrop of the Judgment of the Supreme Court in Yatin Narendra Oza v. High Court of Gujarat LL 2021 SC 603, wherein it had opined that the ends of justice would be served...

"No Law Which Bars Parties From Entering In Gestational Agreements": Delhi Court Declares Couple As Biological Parents Of Child Born Out Of Surrogacy

While declaring a couple as legal and biological parents of a child born out of a surrogacy arrangement, a Delhi Court has observed that there is no law in the Country which bars par­ties from entering into gestational agreements. Civil Judge Chitranshi Arora of the Saket Courts analyzed the law regarding surrogacy in India and observed that while there is no statute which governs surrogacy...

COVID 19: Delhi High Court, District Courts To Function Through Virtual Mode From January 3 To January 15, 2022

The Delhi High Court and district courts are going to function through virtual mode only with effect from January 3 to January 15, 2022. The office order issued dated December 30, 2021 reads thus:"In view of the sudden spurt and spike in Covid-19 cases in the NCT of Delhi and issuance of 'yellow alert' in Delhi by GNCTD, as directed by Hon'ble the Chief Justice, it is hereby informed to...

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...

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...

"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...

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...

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...

"Calculated Assault After Overpowering The Accused": Court Orders Registration Of FIR Against Delhi Police Officials After Allegations Of Custodial Torture

A Delhi Court has ordered for registration of FIR against Delhi Police officials after it was alleged that they indulged in custodial torture and brutally assaulted an accused person in police custody. Calling the injuries a calculated assault after overpowering the accused, Additional Chief Metropolitan Magistrate Babru Bhan of Rohini Courts directed the concerned Joint Commissioner of Police...

Calcutta HC Seeks WB Govt's Reply On Man's Plea Claiming That His Father Has Gone 'Missing' From Correctional Home

The Calcutta High Court has called for a report from the West Bengal Government in a Habeas Corpus Plea filed by one Buddhadeb Bhowmick who has alleged that his father has gone missing from judicial remand at the Presidency Correctional Home.Hearing the matter on December, 27, a vacation bench of Justice R. K. Kapur and Justice Krishna Rao had asked the state government to file a report...

Andhra Pradesh High Court Strikes Down GOs Fixing Fees Of Private Unaided Schools

It is harsh but true to say that ‘education’ in India…has gradually slided down from a high status of ‘charity or philanthropy’ to ‘occupation’ and further to ‘industry’ and finally to ‘a livelihood’, the court observed.