Top Three News
When Judgment Debtor Pleads 'No Means', Execution Court Must Conduct Enquiry Before Issuing Arrest Warrant : Kerala High Court
The Kerala High Court has recently held that if a judgment debtor appears before the court when served with a notice and contends that he has no means to pay off the decreed debt, the Court is bound to enquire into this contention before issuing a warrant of arrest under Order XXI Rule 40 of the Civil Procedure Code.Justice A. Badharudeen was exploring the procedure to be followed before...
Prisoner Has No Fundamental Right To Conjugal Relationship As A Course; May Seek For 'Specific Purpose' Like Infertility Treatment: Madras HC
"The specific purpose may be infertility treatment or some similar reason, but it should not be construed to be a fundamental right for having conjugal relationship as a course", the larger bench clarified in the reference made by the Division bench
73rd Republic Day: The Promise of Purna Swaraj
The 26th of January every year is celebrated as the Republic Day- to commemorate the adoption of the Indian Constitution which came into effect on this day in the year 1950. In Indian political history, three dates hold special significance- 15th August, 1947 the day on which India won Independence; 26th November, 1949 as the day on which the Constitution of India was adopted by the Indian Constituent Assembly and 26th January, 1950 the day on which the Constitution came into...
'What Harm In Teaching Hindi As A Third Language?' Madras High Court Asks Tamil Nadu Government In Plea For NEP Implementation
In a plea filed for implementation of National Education Policy (NEP), 2020 in the State of Tamil Nadu, Madras High Court has orally observed that it wouldn't be harmful if Hindi is taught in educational institutions as a third language, along with Tamil and English. The first bench of Acting Chief Justice Munishwar Nath Bhandari and Justice PD Audikesavalu has ordered notice in...
Bishop Franco Judgment Overturned Criminal Law Jurisprudence, Put Rape Survivor On Trial : Rebecca John
Renowned criminal law practitioner Rebecca M John, Senior Advocate, criticized the judgment of the trial court which acquitted Bishop Franco Mulakkal in the nun rape case. She termed the judgment "a travesty", which "put the victim on trial instead of the accused", "overturned the criminal law jurisprudence" and "completely disregarded the law of the land".Speaking at a virtual meeting...
Memories From The Life Of An Angel - Tribute To Lydia
Lydia Suzanne Thomas, who was the Kerala High Court correspondent of LiveLaw, had passed away on December 27, 2021, succumbing to cancer. Within a short stint of a few months, Lydia left a mark for herself in the field of legal journalism with her quick and crisp reports on complex legal issues.In the words of MA Rashid, Chief Editor and Founder of LiveLaw "Lydia was brilliant beyond her...
The Art Of Writing Orders In Civil Cases
The Journey of a civil case isn't a straight road where you start from a particular point and reach your final destination, without any interruptions. Rather a civil case is like one of those tedious Haryana Roadway's bus journeys - with multiple halts - before it reaches its final destination. A civil suit from its very onset (presentation of plaint) till the very end (execution of decree) generally faces countless applications by one party or the other. The decision of a civil court...
Marital Rape - Expectation Of Sexual Relations Cannot Lead To Husband Having Forcible Sex With Wife: Rebecca John To Delhi High Court
The Delhi High Court on Friday 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.Senior Advocate Rebecca John appearing as amicus curiae in the matter told a bench of Justice Rajiv Shakdher and Justice C Hari Shankar that expectation of...
Cricket Match Fixing Does Not Amount To Offence Of Cheating Under Section 420 IPC: Karnataka High Court Quashes FIR Against KPL Players
The Karnataka High Court has said that cricket match fixing does not amount to the offence of cheating and therefore the offence under Section 420 IPC cannot be invoked against the alleged offenders. A single judge bench of Justice Sreenivas Harish Kumar said, "It is true that if a player indulges in match fixing, a general feeling will arise that he has cheated the lovers of the game....
OBC Quota In PG Courses Not Prohibited; Can't Say Backwardness Will Disappear With Graduation: Supreme Court In NEET-AIQ Case
The Supreme Court on Thursday held that there is no prohibition for introducing reservation for socially and educationally backward classes (or the OBCs) in Post-Graduate courses."In our opinion, it cannot be said that the impact of backwardness simply disappears because a candidate has a graduate qualification", the Court said.The bench of Justices DY Chandrachud and AS Bopanna was...
