Supreme court
Hijab Verdict : How Preconceived Notions May Have Trumped Judicial Reasoning
The judgment of the Karnataka High Court upholding the hijab ban in classrooms, after declaring the wearing of the headscarf by Muslim women as not an essential practice of Islam, is being hotly debated. The judgment in the case Resham v State of Karnataka delivered by a bench comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit and Justice JM Khazi shows the absurdities of the deeply problematic "Essential Religious Practice" doctrine, which is now being revisited by a...
BREAKING| Film Production Units Have To Form ICC Under POSH Act : Kerala High Court Orders In WCC's Plea
The Kerala High Court on Thursday observed that film production units have the responsibility to form an Internal Complaints Committee as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 - commonly known as the POSH Act. The Court further held that other related associations like the Film Employees Federation of Kerala(FEFKA), Kerala Film...
Supreme Court Holds A Major Daughter Not Entitled To Education Expenses From Father As She Does Not Want To Maintain Relationship With Him
While passing a decree of divorce on the ground of irretrievable breakdown of marriage, the Supreme Court refused to allow the daughter born to the couple to claim education and marriage expenses from her father as she said that she does not want to maintain relationship with him.The Court noted that the daughter, aged 20 years of age, was not intending to maintain ties with the father. If...
TODAY AT 1.30PM: Discussion On Karnataka High Court's Hijab Ban Judgment
LiveLaw is organizing a Discussion On Karnataka High Court's Hijab Ban JudgmentDate And Time: 1.30 PM TODAYPanelistsFarrah Ahmed (Associate Professor in Melbourne Law School)Shahrukh Alam (Advocate, Supreme Court)Gautam Bhatia (Constitutional Scholar)WATCH LIVE HERE...
SEBI v SAT : Supreme Court Stays Order Of Securities Appellate Tribunal Imposing Rs 8 Lakhs Cost On SEBI
The Supreme Court on Wednesday stayed the award of costs of 8 lakh imposed on Securities and Exchange Board of India (SEBI) by the Securities Appellate Tribunal (SAT).A Bench comprising Justice DY Chandrachud and Justice Surya Kant issued notice in SEBI's civil appeal filed challenging the order passed by SAT. The issue arose from an order passed by SEBI's Whole Time Member (WTM)...
Russia Must Suspend Military Operations In Ukraine, Directs International Court of Justice
In a significant order, the International Court of Justice (ICJ) at the Hague, Netherlands, on Wednesday directed that Russia must immediately suspend its military operations in Ukraine."The Russian Federation, pending the final decision in the case, must immediately suspend the military operations it commenced in the territory of Ukraine on February 24, 2022",the Court ordered. The Court...
Section 190 (1)(b) CrPC- Magistrate Can Summon Person Not Named In Police Report Or FIR If Materials Reveal Prima Facie His Involvement : Supreme Court
The Supreme Court observed that the Magistrate taking cognizance of an offence on the basis of a police report in terms of Section 190 (1)(b) of the Code of Criminal Procedure, 1973 can issue summons to any person not arraigned as an accused in the police report or in the FIR."If there are materials before the Magistrate showing complicity of persons other than those arraigned as accused or...
POCSO : Girl Says Accused Poked Fingers At Private Part; Supreme Court To Examine If Offence Of 'Penetrative Sexual Assault' Is Committed
The Supreme Court has issued notice on a petition to examine the issue if the testimony of a minor girl that the accused had poked at her private parts would sustain the conviction of the offence of "penetrative sexual assault" under Section 3(b) of the Protection of Children from Sexual Offences (POCSO) Act, 2021.A bench comprising Justice Ajay Rastogi and Abhay S Oka issued notice to...
Magistrates Cannot Extend Time To Complete Investigation In UAPA Cases: Supreme Court Dismisses Review Petition
The Supreme Court dismissed a review petition filed by State of Madhya Pradesh against its judgment holding that magistrates would not be competent to extend the time to complete investigations in UAPA cases.The grounds taken in the Review Petition do not make out any error apparent on record to justify interference, the bench comprising Justices Uday Umesh Lalit, S. Ravindra Bhat and Belam...
Supreme Court Issues Notice On NGO's Plea Against Deportation Of Rohingyan Girl To Myanmar
The Supreme Court on Wednesday issued notice in a writ petition filed by an NGO against the deportation of a 14-year old Rohingyan girl from India to Myanmar.The NGO Global Peace Initiative seeks permission to foster the girl who, it says, is about to be transported to Myanmar from an orphanage in Assam while her parents are stationed in Bangladesh.The bench of Justices Abdul Nazeer and...
Severity Of Sentence Is Not The Only Determinant For Doing Justice To Victims: Supreme Court Reduces Sentence Imposed On Rape Convict
The Supreme Court observed that the severity of sentence is not the only determinant for doing justice to the victims.In determining the quantum of sentence, the Court must bear in mind the circumstances pertaining to the offence and all other relevant circumstances including the age of the offender, the bench comprising Justices DY Chandrachud and Surya Kant said.In this case, the appellant...
Section 34 IPC : Prior Concert & PreÂarranged Plan Has To Be Established For Conviction Invoking 'Common Intention' : Supreme Court
The Supreme Court observed that existence of a prior concert and preÂarranged plan has to be established for convicting accused by invoking Section 34 of the Indian Penal Code.In this case, the appellant was concurrently convicted under Section 302 read with Section 34 of the Indian Penal Code. The prosecution case was that one Arjun stabbed the deceased with his knife and the appellant was...