Can't Women Serve Liquor In Bars? Constitutional Analysis Of Legal Restrictions

Exactly a week after International Women's Day, the Excise Department of Kerala registered a case against the Manager of a bar in Kochi for deputing three Russian women as bartenders during its launch party. The matter reached the excise officials after a video of the women bartending in style took social media by storm. Although the officials cited certain irregularities in the bar's stock register, the Manager was primarily booked for employing women at the bar, violating the Kerala Foreign...

SARFAESI - Borrower Has No Right Of Hearing Before Magistrate Allows Possession Of Assets Under Section 14 : Bombay High Court

The Bombay High Court has refused to read principles of natural justice into Section 14 of the SARFESI Act and direct magistrates to put a borrower to notice before taking possession of the asset for the bank or financial institution. "Only a post-possession right to approach the tribunal is conferred on a borrower in terms of section 17, nothing more and nothing less," the...

Age Criteria Of 6 Years For Class 1 Admissions Doesn't Violate RTE Act : Kendriya Vidyalaya Sanghathan Tells Delhi High Court

The Kendriya Vidyalaya Sangathan has told the Delhi High Court that the age criteria for admission in class 1 should be in consonance with the National Education Policy 2020 as it is a settled law that the Executive has the competence to decide how a policy should be shaped or implemented.It has further told the High Court that the prescription of minimum age of 6 years for Class 1 admission...

Advocate Needs To Be In 'Continuous Practice' For 7 Yrs On Date Of Application To Seek Appointment As District Judge: Allahabad HC

The Allahabad High Court has clarified that for seeking appointment as Judicial Officer/District Judge as per Article 233 (2) of the Constitution of India, an Advocate has to be in continuous practice for not less than 7 years [with no break in between] as on the cut-off date and at the time of appointment as District Judge.It may be noted that Article 233 of the Constitution of India deals...

Mother Entitled To Maternity Leave Of 26 Weeks For 3rd Child If She Doesn't Have Custody Of Other 2 Children : Madras High Court

'Having Surviving Children' Means Having 'Custody Of Children'

"We Need To Promote Youth Of Kashmir; One Girl From J&K Will Become A Doctor" : Supreme Court Affirms HC Direction To Provide Loan For MBBS Course

Highlighting the importance of promoting the youth of Kashmir by educating them, the Supreme Court on Friday dismissed a petition filed by the Union Territory of Jammu and Kashmir against a direction of the High Court for giving loan assistance to a girl for pursuing medical education.On April 20, 2021, the High Court of Jammu and Kashmir had directed the Jammu and Kashmir Women's...

BREAKING| Supreme Court Allows Physically Disabled Persons To Apply For IPS, IRPFS, DANIPS Services Provisionally In UPSC Selection Process

The Supreme Court on Friday passed an interim order allowing physically disabled persons, who have cleared the civil services exam, to provisionally apply to the Union Public Service Commission for selection to Indian Police Service, Indian Railways Protection Force Service, & Delhi, Daman & Diu, Dadra and Nagar Haveli, Andaman and Nicobar Islands and Lakshadweep Police...

Can Arbitrators Fix Their Fee Without Parties' Consent? Is 4th Schedule The Standard Fee Scale? Supreme Court Considers

The Supreme Court on Thursday considered issues relating to the fixation of the arbitrators fees, especially in arbitrations involving Public Sector Undertakings.The bench of Justices DY Chandrachud, Sanjiv Khanna and Surya Kant was considering arbitration petition filed by the Oil and Natural Gas Corporation (ONGC) on the issue related to the mandatory nature of the 'model' fee scale...

We Shall Stay All Tribunal Proceedings Unless Govt Wakes Up & Makes Appointments : Supreme Court Warns On Vacancies

On Thursday, while hearing a case pertaining to the Heera Gold Exim scam, the Supreme Court expressed concern over the inability of the Government, which had created tribunals for better disposal of cases, to fill up the staggering vacancies therein. Appearing for an intervenor, whose property was attached in the PMLA proceedings to settle the claims of the numerous investors who...

Supreme Court Criminal Law Digest February 2022

Anticipatory bail granted to Trinamool Congress leader Sheikh Sufiyan in a case relating to the murder of a BJP supporter during the West Bengal post -poll violence. Sk. Supiyan @ Suffiyan @ Supisan v. Central Bureau of Investigation | 9 Feb 2022 | 2022 LiveLaw (SC) 146 Army Act, 1950 - Section 125 - Section 125 not only recognizes that an element of discretion has been vested in...

Marital Rape Exception Regressive, Violates Article 14; Husband Not Ruler Of Wife's Body & Mind : Karnataka High Court

The Court held that husband raping his wife is amenable to the offence of rape under Section 376 IPC.

Husband Raping A Wife Is Amenable To Punishment Under Section 376 IPC: Karnataka High Court On Marital Rape

The Karnataka High Court on Wednesday rejected a petition filed by a husband seeking to drop charges of rape pending against him under Section 376 of the Indian Penal Code after his wife filed a complaint against him. Justice M Nagaprasanna emphasised that a man who is well acquainted with a woman and performs all the ingredients as is found in pre or post amendment to Section 375 can...