Can't Prosecute A Husband U/S 377 IPC As S. 375 IPC Exempting Marital Sex Covers All Possible Penile Penetration: MP High Court

In a significant observation liable to add to the ongoing debate regarding the criminalisation of marital rape, the Madhya PradeshHigh Court has observed that after the 2013 amendment to the definition of Section 375 IPC (Rape), there is no place for any unnatural offence (as per Section 377 IPC) to take place between a husband and wife. The Court made this observation while quashing an...

Supreme Court Dismisses PIL Seeking Independent Audit Of EVM Source Codes

The Supreme Court on Friday refused to entertain a Public Interest Litigation (PIL) seeking an independent audit of source codes of Electronic Voting Machines (EVMs). The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra noted that the matter concerned sensitive policy issues and thus, the court was not inclined to interfere with the same. At the outset,...

Supreme Court Rejects Firecracker Makers' Plea To Use Barium & Joined Crackers

The Supreme Court on Friday rejected an application filed by the firecracker manufacturers association to include barium with improved formulations in green crackers. The Court clarified that the earlier orders passed by it banning the use of barium-based chemicals in fire crackers will prevail.The Court further rejected another application filed by the firecracker manufacturers to use...

Prescribe Minimum Marks Requirement For Languages Other Than Tamil & English Also In TN Schools: Supreme Court In Linguistic Minorities' Plea

The Supreme Court on Thursday (September 21) made some pertinent observations with respect to Tamil Nadu Tamil Learning Act, 2006, (Act) which made Tamil paper compulsory in the tenth standard board exam. Pursuant to the Act, while Tamil was mandated in the syllabus as a compulsory subject, minority linguistics were considered as an optional subject for which there was no requirement of...

Principles To Prove Validity & Execution Of Will : Supreme Court Explains

Recently, a Division Bench of the Supreme Court, comprising Justices Abhay S. Oka and Sanjay Karol, laid down certain principles required for proving the validity and execution of the Will. In substance, these principles enunciated that apart from statutory compliance under Section 63 of the Succession Act, broadly, it has to be proved that (a) the testator signed the Will out of his own...

'Sanātana Dharma-Untouchability' Remark | Another Complaint Filed In Bihar Court Against TN Minister Udhayanidhi Stalin

Another private complaint has been filed before a court of Chief Judicial Magistrate in Bihar's Muzaffarpur against Tamil Nadu minister Udhayanidhi Stalin for his alleged remark that if Sanatana (Dharma) is destroyed, untouchability will also be destroyed. The Complaint has been filed by a lawyer named Sudhir Kumar Ojha stating that Stalin made the said statement for the...

No Party Should Be Vexed Twice In A Litigation For One And The Same Cause: Supreme Court On 'Constructive Res Judicata'

Recently, a Division Bench of the Supreme Court, reiterated the established law on the doctrine of res judicata that has been recognized by this Court in several judgments. The Court opined:“The doctrine itself is based on public policy flowing from the age-old legal maxim interest reipublicae ut sit finis litium which means that in the interest of the State there should be an end to...

'What Is Achieved By Keeping Reformed Convict In Prison Forever?': Supreme Court Orders Release Of Prisoner Who Spent 26 Years In Jail

The Supreme Court today ordered the release of a convict who had spent nearly 26 years in prison, asserting that the denial of premature release violated fundamental rights protected under Article 14 (Right to Equality) and Article 21 (Right to Life). The Court emphasized the need to consider the rehabilitation and reformation of inmates who may have drastically transformed during their...

Uttar Pradesh Government Constitutes A Committee To Deliberate On Advocate Protection Law

The Uttar Pradesh government has constituted a three-member committee to consider various aspects concerning the Advocate Protection Bill and to give its recommendations to the State Law Commission. The committee, formed under the chairmanship of Principal Secretary, Law, will also consist of the Additional Director General, Prosecution and another member, who would be named by the...

Delhi Court Grants Bail To Airline Employee Held For Alleged Assault And Torture Of Minor Domestic Help

A Delhi Court has granted bail to Vistara Ground Staff Engineer and husband of the de-rostered woman pilot, formerly working as a Jr. First Officer with Indigo Airlines, who was arrested along with his wife in July 2023 for allegedly employing a 10-year-old girl as a domestic help and torturing her.The couple who had employed the girl to take care of their 4-year-old minor son, were...

Bilkis Bano Case | Convicts Argue That Remission Can Be Challenged Only Before High Courts; Supreme Court Expresses Doubts

In the Bilkis Bano case, Senior Advocate V Chitambaresh, appearing for the released convicts, told the Supreme Court on Wednesday (September 20) that a remission order can be challenged only in a high court, and not in the Supreme Court. Pointing out that Article 226 of the Constitution, which conferred on high courts the power to issue writs was wider than Article 32, the senior counsel...

No Pension For Past Service If Central Govt Employee Resigns To Join Another Govt Post Without Permission: Supreme Court

The Supreme Court recently ruled that unauthorized resignation from government service for another government job will result in the forfeiture of past service and pension benefits. The ruling came in the case of a security officer(respondent), who had resigned from the Central Industrial Security Force (CISF) in 1998 to join Hindustan Aeronautics Limited (HAL). It is important to note that...