Kerala High Court Invokes Parens Patriae Jurisdiction To Select Name Of Child Born To Warring Parents

In an interesting development, the Kerala High Court invoked its parens patriae jurisdiction to select the name of a child, caught in a dispute between her estranged parents with respect to what her name should be.Justice Bechu Kurian Thomas reasoned that attempting to resolve the dispute between the parents will cause inevitable delay and in the meanwhile, the absence of a name would not...

Uddhav Thackeray v. Eknath Shinde: Uddhav Faction Moves Supreme Court Against Maharashtra Speaker To Quicken Disqualification Proceedings

In another development in the Shiv Sena crisis, the Uddhav Thackeray faction has approached the Supreme Court challenging the Maharashtra Legislative Assembly Speaker's decision to issue a schedule for hearing of the disqualification pleas pending against rebel Sena MLAs led by Eknath Shinde. As per the Uddhav Thackeray faction, the schedule, as per which the process of hearing would begin...

Cannot Ignore Ratio Laid In An Earlier Judgment Merely Because It Stands Referred To A Larger Bench : Supreme Court

In a recent judgement, the Supreme Court held that it cannot ignore the ratio laid down in an earlier judgment merely because the same stands referred to a larger Bench. A bench comprising of Justice Anirudhha Bose and Justice Bela Trivedi held that judicial propriety did not permit it ignoring the ratio laid down in the earlier judgement as no decision regarding the same had come out from...

'Chandrika' Soap Trademark Case: Supreme Court Restrains Mariyas Soaps & Chemicals From Using Trademark 'Chandra'

The Supreme Court recently restrained M/s Mariyas Soaps and Chemicals from using their registered trademark ‘Chandra’ in an appeal filed by Wipro for being similar to its trademarked soap range ‘Chandrika’. ‘Till the next date of hearing, the respondents are restrained from using the trade mark/trade name “Chandra,” a bench of Justice Sanjiv Khanna and Justice S V N...

'Can Increase Child Marriages': Why Law Commission Has Advised Against Reducing Age Of Sexual Consent To 16 Years

The Law Commission of India in its 283rd report on the ‘Age of Consent under the Protection of Children from Sexual Offences Act, 2012’ had ruled out reducing the age of consent to 16 years under the POCSO Act. “After a careful review of existing child protection laws, various judgements and considering the maladies of child abuse, child trafficking and child prostitution that plague...

Not All Divorces Have To Be Mutual, Nature Of Previous Divorce Irrelevant To Permit Marriage Under Special Marriage Act: Kerala High Court

The Kerala High Court has held that the registering authority did not have to look into the nature of divorce obtained by the parties while considering their marriage applications under Section 8 of the Special Marriage Act.The bench observed that the Registering Authority only has to be satisfied that neither party who intends to marry has a living spouse at the time of registration of...

Law Commission Recommends Allowing E-FIR Registration In Certain Cases

The Law Commission of India has recommended allowing the registration of electronic first information reports (e-FIR) for all cognizable offences where the accused is not known, and the registration of such reports for all cognizable offences with a maximum punishment of three years where the identity of the accused is known. Accordingly, the commission has recommended suitable amendments...

Calcutta High Court Removes ED Officer From Investigation Into Recruitment Scam Case, Asks Agency To Not Engage Him In Any Case Arising In Bengal

The Calcutta High Court on Friday directed the Enforcement Directorate (“ED”) to remove Assistant Director Mithilesh Kumar Mishra, investigating the Primary Teacher Recruitment Scam in West Bengal, from the investigation, and for him to be reassigned on other matters, not arising within the State. Earlier, a single-bench of Justice Amrita Sinha had expressed displeasure at the...

Portfolio Changes In Madras High Court : Judge Who Suo Motu Reopened Acquittals Of Politicians Shifted To Madurai Bench

Justice Anand Venkatesh of Madras High Court, who has caused a political stir in the State of Tamil Nadu by deciding to suo motu take up revision of orders acquitting politicians, has now been shifted to the Madurai bench following a portfolio change. Justice Venkatesh, who was in charge of dealing with criminal appeals and writ petitions relating to criminal cases involving sitting...

Law Commission Recommends Amendments To POCSO Act & JJ Act To Avoid Imprisonment For Adolescents Involved In Sexual Activity

The Law Commission of India in its 283rd report on the ‘Age of Consent under the Protection of Children from Sexual Offences Act, 2012’ has said that blanket criminalisation of sexual activity among teenagers as per the POCSO Act is a cause of concern. The Law Commission however ruled out reducing the age of consent to 16 years or giving limited exception in cases involving a child...

President Grants Assent To Constitution Amendment Providing Women Reservation In Lok Sabha & Assemblies

The President of India has given assent to the Constitution (106th Amendment) Act 2023, which provides 1/3rd reservation for women in Lok Sabha and State Legislative Assemblies.It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.The Bill was passed by the Parliament in the recently concluded Special Session. On September 21,...

Bombay High Court To Pronounce Verdict In Challenge To IT Rules Amendment On December 1, Centre Won't Notify Fact Check Unit Till Then

The Bombay High Court will pronounce on December 1, 2023 its judgement on a clutch of petitions challenging the Rule 3(i)(II)(C) of the IT Amendment Rules, 2023 enabling a government established Fact Check Unit to identify false, fake or misleading information about itself on social media. Consequently, social media intermediaries like Facebook, Instagram or X will then have to either pull...