Husband agreeing to pay money for Wife’s Cancer treatment, it cannot be the consideration for dissolution of Marriage : SC refuses to grant ‘mutual’ Divorce [Read Judgment]

By the (divorce) settlement agreement the respondent-husband is promising to do something which he is already duty bound, is not a valid consideration for the settlement, the court said.Supreme Court has held that in a divorce- settlement agreement, the husband is promising to do something which he is already duty bound, is not a valid consideration for the settlement. Apex Court bench...

‘Life Sentence’ and ‘Remission’; Questions referred to Constitution Bench in Sriharan Case and the Answers given [Read Judgment]

BackgroundIn Swamy Shraddananda (2) v. State of Karnataka (2008), a three Judge Bench of the Supreme Court held that there is a good and strong basis for the Court to substitute a death sentence by life imprisonment or by a term in excess of fourteen years and further to direct that the convict must not be released from the prison for the rest of his life or for the actual term as specified...

Policy prohibiting ‘married’ daughters from seeking Compassionate Appointment benefit is Unconstitutional : Chhattisgarh HC [Read Judgment]

Last week, Allahabad High Court had directed the Govt. to include a divorced daughter within the definition of family, for the purpose of compassionate appointments in the event of death of a government employee while on duty.The Chhattisgarh High Court has held that the policy of the State Government barring and prohibiting the consideration of the married daughter from seeking...

Rajiv killers cannot be freed without Centre’s “concurrence” as CBI was probe agency: SC Constitution Bench [Read Judgment]

For now, the seven life convicts in the Rajiv Gandhi assassination case which includes four Sri Lankans, will remain in Vellore Central Prison in Tamil Nadu, as a five judge Constitution bench of the Supreme Court today ruled that the Tamil Nadu government headed by J Jayalalithaa could not have unilaterally granted them remission.However their fate of V. Sriharan alias Murugan, Santhan,...

Reservation and Corruption destroyed this Country; Gujarat HC quashes Treason Charge against Hardik Patel [Read Judgment]

“The biggest threats, today, for the country is corruption. The countrymen should rise   and fight against corruption at all levels, rather than shedding blood and indulging in   violence for the reservation. The reservation has only played the role of an amoeboid monster sowing seeds of discord amongst the people. The importance of merit, in any society, cannot be understated”,...

Breaking; NI Act Ordinance 2015 is Retrospective; Dashrath Rathod's Judgment have no effect in view of the Amendment; SC [Read Judgment]

A Two Judge Bench of the Supreme Court comprising of Justices J.S.Khehar and R.Banumati has held that, in view of the Amended Section 142(2) of Negotiable Instruments (Amendment) Second Ordinance 2015, the place where a cheque is delivered for collection i.e., the branch of the bank of the payee or holder in due course, where the drawee maintains an account, would be the determinative of...

CJI Dattu "fine" with NHRC chief’s job. “No comments” on demands for cooling off period

Chief Justice H L Dattu today said he will be retiring tomorrow as a "fully and thoroughly satisfied"man who could do "many good things" for the Supreme Court and towards the cause of bring down pendency.Wishing all success to his successor Justice T S Thakur, Dattu, during an informal “thanks giving” interaction with media persons at his 5, Krishna Menon Marg official residence on the...

FCRA Case: SC extends interim Protection to Teesta Setalvad till Jan 31

The Supreme Court today issued notice to CBI on a plea by social activist Teesta Setalvad and her husband to get removed portions in the Bombay High Court order while giving anticipatory bail that there is prima-facie evidence of Foreign Contribution Regulation Act violation against the coupleA bench headed by Justice Anil Dave also extended their interim protection from arrest till January...

Meghalaya High Court’s order seeking imposition of draconian AFSPA invites protests

On November 2, the High Court of Meghalaya suggested suo motu to the Central Government to impose the draconian Armed Forces (Special Powers) Act, 1958 in the Garo Hills area. The order has led to dismay among informed citizens of civil society for several reasons.It is pointed out that the power to notify an area as disturbed and extend application of AFSPA lies exclusively with the...

SC issues notice on PIL by Kerala NGO seeking protection of children from stray dogs [Read Order]

The Supreme Court on Monday issued a notice on a PIL seeking direction to protect children from falling ‘prey’ to stray dogs.“Appreciating the submission that the children are fundamental embodiment of human race and they deserve protection from any kind of attack by the stray dogs, we are inclined to issue notice,” the order stated. The Bench, comprising Justice Dipak Misra and...

Upload all FIRs on Police website; provide copy of FIR to accused within 24 hours: Allahabad HC [Read Order]

Allahabad High Court has directed the State Government to ensure that all FIRs be uploaded on the website of the U.P. Police, except in exceptional circumstances, “where the need to preserve the identity of the victim, the course of proper investigation, the protection of witnesses and other aspects involving a predominant consideration of public interest may warrant the FIR not being...

Death due to delay in reaching hospital caused by road blockage; MP HC directs compensation and appreciates Law Student who won the PIL [Read Order]

“We also appreciate the valiant effort made by a student of law as a responsible citizen of Indore and also make a request to the general public that such negligence should not re-occur and it should be more sensitive to the critical cases of such nature and priority should be given to such patients in the traffic”.In a Public Interest Litigation filed by Shri Abhishek Gilke, a law student from Devi Ahilya Vishwavidyala, Indore praying compensation from various authorities of the state...