Allahabad HC directs Law Commission to take steps to consider incorporating ‘irretrievable breakdown of marriage' as grounds of Divorce in S.13 of Hindu Marriage Act [Read Judgment]

Allowing Divorce on the ground of irretrievable breakdown of marriage is exclusive within jurisdiction of Supreme Court and is beyond jurisdiction of any other Court in India, said the Court. Allahabad High Court has recently held that allowing Divorce on the ground of irretrievable breakdown of marriage is exclusive within jurisdiction of Supreme Court and is beyond jurisdiction of any...

SC collegium returns Government Memorandum of Procedure

The Supreme Court of India has reportedly returned the Memorandum of Procedure to the Government, stating that certain clauses needed clarification.Government Sources were quoted as claiming that the collegium highlighted ‘undesirability’ of certain clauses which were ‘not in harmony’ with the tenets of independent functioning of the judiciary. It was of the view that the MoP needs to...

Breaking; Writ Petition against CIC order to provide up-to-date Legal Information; Delhi HC directs to recover Rs.10K from Officials who authorised the filing of Writ [Read Order]

Delhi High Court has slammed the Central Government for filing Writ Petition against the Order of Central Information Commission (CIC) directing the Government to upload all the latest amended bare Acts and to examine the functionality of its e-mail ID and develop an appropriate RTI filing mechanism. Justice Manmohan also directed that the costs of Rs.10,000/- which was directed to be paid...

Rajasthan HC ruling on RTE Act not to affect admissions already finalized for the present academic year; SC to hear appeal by State

The Supreme Court has issued interim orders in an appeal by the state against the Rajasthan High Court ruling that the State Government is not competent & holding any authority to re-write the definition of Sec.2 (d) of the Right to Education Act, 2009. The Apex Court, said that the order passed by High Court shall not affect the admissions already finalized for the Academic...

Madras HC to debar lawyers indulging in objectionable behaviour: New Disciplinary Rules notified [Read the Rules]

Madras High Court, has introduced new sets of disciplinary rules for the Advocates through an amendment, enabling it to debar lawyers who indulge in objectionable behaviour. In a notification published on 20th May 2016, new Rules 14A, 14B, 14C and 14D has been added to the existing Rules under Advocates Act.According to newly introduced Rules, an Advocate can be debarred from appearing before...

SC dismisses appeal by Star India Ltd against sharing clean feed to Prasar Bharati [Read Judgment]

The Supreme Court today dismissed an appeal filed by broadcaster Star India Ltd, against sharing clean feed without advertisements and sponsor logos, with Prasar Bharti.While senior counsel Abhishek Manu Singhvi had appeared for Star Sports, Prasar Bharati was represented by Attorney General Mukul Rohatagi.The Supreme Court rejected a special leave petition by Star India against a 2013 Delhi...

Triple Talaq is un-islamic, inhuman and unconstitutional; Army Tribunal [Read Order]

Declaration of oral triple talaq by ex parte proceedings, action or otherwise may not be given force by Government machinery or the courts while dealing with the subject matter being contrary to constitutional ethos, particularly Part III of the Constitution, said the Bench.The Lucknow Bench of Armed Forces Tribunal has held that the Constitution is the mother of all law and has...

SC refuses to stay NEET ordinance

The Supreme Court on Thursday refused to stay the recently promulgated ordinance to defer implementation of the National Eligibility cum Entrance Test (NEET) for State Governments and their affiliated institutions by a year, so that students are provided with enough time to prepare.The Court directed mentioning of the matter before the CJI Bench in July. It was of the view that the Centre has...

If a fully grown up lady had consensual sex with a person for long time, it is promiscuity on her part and not an act induced by misconception of fact; Delhi HC [Read Judgment]

Delhi High Court has recently held that if a fully grown up lady consents to the act of sexual intercourse on a promise to marry and continues to indulge in such activity for long, it is an act of promiscuity on her part and not an act induced by misconception of fact.The Court was hearing an appeal against judgment dated 12.08.2015 of Addl. Sessions Judge, Delhi in Sessions Case No. 36/15...

SC directs Centre to formulate National Policy for proper rehabilitation of rape survivors

The Supreme Court on Thursday directed the Centre to formulate a national policy for proper rehabilitation of rape survivors, opining that setting up of a separate fund like the Rs 2,000 crore ‘Nirbhaya fund’ was not enough and amounted to “just a lip service”.Vacation Bench of the Court comprising Justice D.Y. Chandrachud and Justice P.C. Pant hence issued notices to the Centre,...

Bring law to enable presumption of guilt of person involved in Honour Killing: Punjab & Haryana HC to Govt. [Read Judgment]

The Punjab and Haryana High Court has exhorted the Haryana Government to bring in a legislation to tackle Honour killing crimes. Justice K. Kannan, referring to the Maharashtra legislation in this regard viz. Maharashtra Prohibition of People from Social Boycott (Prevention, Prohibition and Redressal) Act, 2016 and the Madras High Court judgment, said that law as an instrument of...

“If this is not unconstitutional then what else can be” – Allahabad HC on Delaying retiral Benefits [Read Judgment]

Allahabad HC has held that Delaying retiral benefits to Govt. Employees is unconstitutional.It is like a person starving today is assured food to be provide after a month or two by which time he may die of hunger or the foodstuff itself may rot. If this is not unconstitutional then what else can be, the Court observed.The Allahabad High Court, in a scathing criticism to the Government laxity...