Court Direction To A Parent To Go Abroad With Child While Granting Custody Offends Right To Privacy : Supreme Court

The Supreme Court observed that a court while deciding an issue of child custody cannot direct a parent to leave India and to go abroad with the child."A writ Court while dealing with the issue of habeas corpus cannot direct a parent to leave India and to go abroad with the child. If such orders are passed against the wishes of a parent, it will offend her/his right to privacy", the bench...

Supreme Court Seeks UP Govt Response On Policy For Premature Release Of Prisoners Above 80 Years Old

The Supreme Court of India has issued notice to the Uttar Pradesh Government seeking their response to whether the State has any existing policy to consider the premature release of accused who are 80 years old or above and convicted on long drawn trial. Advocate-on-Record, Mr. P.V. Yogeshwaran appearing on behalf of the Petitioner before a bench comprising the Chief Justice...

" A First Appeal In A Murder Case Cannot Be Dealt With In This Fashion': Supreme Court On HC's Dismissal Of Criminal Appeal In Four Lines

On Thursday (6th January) the Supreme Court observed that the first appeal from a conviction in a murder case could not have been dismissed after recording the conclusion in general terms and in just four lines. A bench comprising Justices Sanjay Kishan Kaul and M.M. Sundresh set aside the order of the Punjab and Haryana High Court and remitted the matter back for...

Exception For Marital Rape Based On An Outdated Concept Of Marriage Presuming Consent : Amicus Curiae Tells Delhi High Court

The Delhi High Court on Thursday continued hearing a batch of petitions challenging the exception to Section 375 of the Indian Penal Code, which exempts forceful sexual intercourse by a man with his own wife from the offence of rape, provided the wife is above 15 years of age.Senior Advocate Rajshekhar Rao, appearing as amicus curiae in the matter, told a bench comprising of Justice...

Taking Custody Of Jewellery For Safety Cannot Constitute Cruelty Under Section 498A IPC: Supreme Court

Taking custody of jewellery for safety cannot constitute cruelty within the meaning of Section 498A of the Indian Penal Code, the Supreme Court observed.In this case, an FIR was filed by the complainant against her husband and in-laws under Sections 323, 34, 406, 420, 498A and 506 of the Indian Penal Code, 1860. Complainant's brother in law (who was employed in Texas in the United States...

Criminalization Of Marital Rape - Taking A 'Constructive Approach'; Invited Suggestions From Stakeholders : Centre Tells Delhi High Court

In what seems to be a change from the stance taken in the initial affidavit in the petitions seeking criminalization of marital rape, the Central Government today informed the Delhi High Court that it is undertaking a consultative process on the issue. Solicitor General of India Tushar Mehta today said that the Centre is considering a "constructive approach" in the...

Strikes And Lockouts

Preventing illegal strikes and lockouts is a key concept both under Industrial Disputes Act, 1947 and in the Industrial Relations Code. Its significance can be understood by the fact that this statement finds its place in the very objectives of the Industrial Disputes Act, alongside maintaining harmony and good relations and well, solving industrial disputes. This article aims to look at...

Article 226 - High Court Should Apply Its Mind To Grounds Of Challenge While Disposing Writ Petition : Supreme Court

While considering a SLP assailing Orissa High Court's order, the Supreme Court recently deprecated the High Court's action of disposing a writ petition without applying its mind to the grounds or challenge of submission.The Orissa High Court had dismissed the petition challenging the Orissa Administrative Tribunal's order by passing the following order, "Heard learned counsel for the parties....

'No Advocate Benefited By Unruly Behaviour In Court, May Ultimately Spoil Litigant's Case': Supreme Court In Case Of Lawyer Who Misbehaved Before HC

While hearing a plea filed by a lawyer against whom contempt proceedings were initiated by High Court for misbehaving in court room, the Supreme Court of India has observed that for smooth running of the administration of justice in the courts, a cordial relation between the Bar and the Bench is sine qua non and is a must. The Bench observed that no advocate is benefited by unruly behaviour...

Assam Cash-for-Job Scam: Supreme Court Stays High Court's Order Recalling Non-Bailable Warrants Issued Against An Accused

The Supreme Court of India on Wednesday stayed the Gauhati High Court's order granting relief to an accused in the Assam Public Service Commission 'cash for jobs' scam by recalling the non-bailable warrants issued against him by the Trial Court.A Bench comprising the Chief Justice of India NV Ramana, Justice Surya Kant and Justice Hima Kohli has issued notice on the special leave petition...

CSIR Premises Are 'Public Premises' Under Public Premises (Eviction Of Unauthorised Occupants) Act : Supreme Court

The Supreme has Court held any premises belonging to, or taken on lease by, or on behalf of Council of Scientific and Industrial Research ("CSIR") is public premises under Section 2(e)(2)(ii) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971."A perusal of the written statement filed by the respondent before the District Judge shows that it was averred that...

Supreme Court Directs UGC To Finalise Guidelines For Inspection of Educational Institutions To Ensure Implementation of RPWD Act

A Bench of Justices D.Y.Chandrachud and A.S.Bopanna on Monday directed the University Grants Commission to finalize guidelines for the inspection of educational institutions and commence inspection work proactively. The Bench was hearing a Miscellaneous Application arising out of the Apex Court's judgement dated 15.12.2017 - in Disabled Rights Group & Another v Union of India-...