No Coercive Action Against Man Who Married Minor Girl As Per Sharia Law: Gujarat HC [Read Order]

The Gujarat High Court has directed the police to refrain from taking any ‘coercive steps’ against a 21-year-old man who eloped with a minor girl, but solemnised the marriage as per the ‘Sharia law’, which legitimises marriage of Muslim minor girls post puberty.The court, however, directed the Investigating Officer to continue investigations into the girl’s alleged kidnapping,...

India Death Penalty Report-2016

In 2016, the Judgments of the Apex Court which considered the Criminal Appeals by Death row convicts, raised a suspicion whether it is becoming more and more reluctant to award/confirm death penalty. In the month of September 2016, we saw the Apex Court setting aside death penalty in seven cases in a row. The only death penalty confirmed by the Apex Court in 2016, was in October, when...

SC Slaps Rs.1 Lakh Cost On Tenant Who Refused To Vacate Despite Court Order [Read Order]

Such an attitude,  at the behest of an individual, needs to be curbed with a strong hand, the bench said.The Supreme Court has imposed a cost of Rs. 1 lakh on a tenant who refused to hand over possession to the landlord even after the apex court ordered it in 2012.Girija Shankar’s special leave petition against order of eviction was dismissed by the apex court in September 2012....

Paying Service Charge ‘Discretion Of Customer’, Can Deny If Unhappy: Govt.

Those disappointed with sloppy service at restaurants need not shell out those extra few notes for ‘service charge’.The Department of Consumer Affairs said the ‘service charge’ billed in the total amount along with the taxes is only ‘optional’ and the customer has the discretion to not pay it.The department has asked the state governments to sensitise the companies, hotels...

Central Govt. Again Invokes AFSPA In ‘Disturbed’ Nagaland [Read Notification]

The Central Government has yet again declared Nagaland as a ‘disturbed area’ for six months.In a notification issued on 30th December, the government invoked the Armed Forces (Special Powers) Act (AFSPA), saying the area comprising the whole of state of Nagaland is in such a disturbed and dangerous condition that the use of Armed Forces in aid of the civil power is necessary.Section 3 of...

High Courts Weekly Round-Up

Bombay High CourtObserving that the Medical Council of India is the competent authority in framing regulations relating to post graduate medical admissions, the Bombay High Court dismissed a petition filed by a group of disabled students challenging a provision in the Medical Council of India Post Graduate Medical Education Regulations, 2000.In light Of Corporate Ministry notification, The...

Judge Rescues Illegally Detained Woman From Bengal Police Station

A woman Additional Chief Judicial Magistrate of Nadia District in West Bengal on Wednesday single handedly rescued a 22 year old woman from a Bengal Police Station, where she had been illegally detained for five days.ACJM Ms. Sanghamitra Poddar was hearing a complaint filed by the girl’s father, Mr. Godinda Biswas, who had alleged that the cops had picked up his daughter on the morning...

Bombay High Court Round Up 2016

Bombay High Court passed orders and judgments in several important cases this year. The highest court in the state laid down the law, altered legislations and in the process contributed significantly to jurisprudence in India.This year also saw two separate tenures of Chief justices, while CJ DH Waghela was appointed on February 15 this year, he retired on August 10. His tenure lasted for...

Gujarat HC Quashes Jail Term In Exchange For Donation To Religious Trust [Read Judgment]

In a curious case, the High Court of Gujarat has scrapped the jail term for an accused, on the submission that he had contributed to a religious trust.The Court was hearing an appeal filed against an order passed by the Sessions Judge, Valsad, against the appellant, Mr. Manubhai Laljibhai Ambaliya, for having raised false evidence. Mr. Ambaliya had been ordered to undergo sentence of...

President Approves Specified Bank Notes (Cessation Of Liabilities) Ordinance, 2016 [Read Ordinance]

In a press release by the PIB today, it has been announced that The President of India has approved the promulgation of the Specified Bank Notes (Cessation of Liabilities) Ordinance, 2016.The press release states that this ordinance is a follow-up to the decision taken by the Government of India to demonetize Rs.500 and Rs.1000 in circulation at the time, on November 8 this year.The...

President Promulgates Payment Of Wages Act (Amendment) Ordinance, 2016 [Read Ordinance]

Further, the government can make it mandatory for employers to pay only in cheque or by crediting it into employee bank account.The President has promulgated the Payment of Wages Act (Amendment) Ordinance, 2016, which enables an employer to pay wages by crediting it into the bank account of the employee.The Ordinance was notified in the Official Gazette on Wednesday and it has already come...

Petition In Bombay HC Seeks Guidelines For Preventing False Rape Cases Post Love Affair

A petition has been filed in the Bombay High Court by a couple who were formerly in a relationship, seeking guidelines to ensure that people are not booked under false charges of rape after a love affair turns sour.The 20 year old girl, who is one of the petitioners in the case, had decided to file a complaint against her 34 year old partner(second petitioner)after she realized that he...