After divorce by mutual consent and no reservation of liberty by wife to continue further proceedings, wife estopped from continuing cruelty proceedings: SC [Read the Judgment]

Setting aside an order of the Allahabad High Court which had remanded a case back to the trial Court, noticing harassment, cruelty and mental torture, a Supreme Court Bench comprising of Justice S.J. Mukhopadhaya and Justice A.K. Goel observed that, "Once the matter was settled between the parties and the said settlement was given effect to in the form of divorce by mutual consent, no...

No amendments to Dowry Act; Government drops plan considering the High Level Committee on the status of women and the Ministry of Home Affairs

The Government has decided to drop the amendments to the Dowry Prohibition Act, 1961 after taking into account the comments of the high level committee on the status of women and the ministry of home affairs.The amendments, as proposed by the National Commission for Women, included broadening the definition of the word ‘dowry’, by changing the words ‘in connection with marriage’...

Supreme Court’s ‘Social Justice Bench’ orders Centre to verify number of homeless in a time bound manner

The bench of Justices Madan B. Lokur and Uday Umesh Lalit, sitting for the first time as part of the ‘social justice bench' on Friday, ordered the Centre to verify the number of homeless people in the country in a time bound manner.Additional Solictior General P Narsimha Rao, however did submit that the Govt. was not clear about the number of homeless in the country. The Court then said,...

Setting a tone against harassment of women, SC refuses to entertain the appeal of a Lawyer who was awarded one week jail for misdemeanour against a woman

Advocate Amit ChanchalJha, accused of physically abusing a female Advocate and also behaving indecently before  the  Registrar of the Delhi High Court on January 13, 2012 had approached the Supreme Court against the Delhi High Court order.After the incident, the Delhi High Court had initiated suo-motu contempt action and had ordered that he cannot practice in any court in Delhi for the...

Apex Court dismisses Bayer’s SLP against Compulsory License for anti cancer drug

The Supreme Court today dismissed Bayer’s Special Leave Petition, pacing way for India’s first compulsory license for Bayer’s anticancer drug Nexavar.NATCO is now free to manufacture and sell a generic version of Nexavar (a kidney/liver cancer drug that goes by the generic name of Sorafenib Tosylate), but will have to pay a royalty on the net sales (every quarter) to Bayer.The...

Concept of preponderance of probabilities is not alien to domestic enquiries; Supreme Court [Read the Judgment]

The burden of proof is different in different cases. Under Indian Law the Burden of Proof usually rests on the person alleging a particular fact. Further the degree of proof is different in civil and criminal cases. Under Criminal Law there are instances of Burden of Proof being shifted when there is a presumption for example under the offence of Dowry death. Indian Evidence Act further...

Law Commission recommendation for a bill to prevent honour killings has been supported by 22 stated and Union Territories

Honour Killing has become an increasing concern in India. Cases have been in the news and before courts. This has even caught the attention of international media. To tackle this problem the Law Commission has recommended a bill to prevent honour killings. 22 stated and Union Territories have supported this recommendation. However the Government has refused to fix a timeline in place to...

Supreme Court issues notice to Maharashtra Special Task Force and CBI on Yakub Memon’s review petition; stays his execution

The Supreme Court yesterday, in an open hearing in front of three judge Bench, comprising Justices AR Dave, J Chelameswar and Kurian Joseph stayed the execution of Yakub Memon.  The Court also said, "We are issuing notice" and issued notices to Maharashtra Special Task Force and CBI and sought their response.Memon was awarded the death penalty in the 1993 Mumbai blasts case. Memon, through...

Attempt to Commit Suicide will no longer be an offence in India as Government moves to scrap S.309 of Indian Penal Code

The Union Government finally decided to scrap Section 309 of Indian Penal Code which criminalizes ‘attempt to commit Suicide”. According to reports, Minister of State for Home Haribhai Parathibhai Chaudhary said, on the basis of 210th Report of Law Commission of India which had recommended the repeal of Section, Government sought the view of all states and union territories. "18 states and...

It is not open to the High Court to declare a Supreme Court Judgment per-incurium. By not following the law laid down by the SC, HCs and Subordinate Courts would also be violating the provisions of Article 141 of the Constitution of India; SC [Read Jt]

A Three Judge Bench of the Supreme Court comprising of Justices Anil R Dave, Madan B Lokur and Kurian Jospeh held that it is not open to the High Court to declare a Supreme Court Judgment per-incurium. It is also held that by not following the law laid down by this Court, the High Court or the Subordinate Courts would also be violating the provisions of Article 141 of the Constitution...

Government defers draft bill to bar tainted politicians from contesting polls

An amendment in the Representation of People (RP) Act - that proposes to disqualify a candidate from contesting elections if a chargesheet has been filed against him for any crime where the prison term is not less than seven years has been deferred.The draft bill proposed that such politicians shall remain disqualified from contesting polls till his acquittal or six years after serving the...

Government admits that S. 66 A is prone to abuse, Supreme Court says the Section lacks guidelines

“Section 66A does not give any specific guidance on when to invoke it, unlike the provisions in the Indian Penal Code (IPC). The IPC uses specific words and gives specific illustrations for the offences but that does not appear to be the case with Section 66A. It appears that nobody has to even say anything hateful or meaning ill will… annoyance of someone could be used to invoke it,”...