Top Three News
Right Against Sexual Harassment Part Of Right To Life & Dignity Under Article 21 : Supreme Court
The Supreme Court on Friday observed that the right against sexual harassment is vested in all persons as a part of their right to life and right to dignity under Article 21 of the Constitution. The Court stressed that it is important that that the spirit of this right is upheld instead of rejecting sexual harassment complaints on "hyper-technical" grounds.The Court highlighted that the...
Expert Advice Based On Scientific Study Cannot Be Substituted By A Judgment Of Constitutional Courts: Kerala HC While Upholding 84 Days Dose Interval For Covishield
Reversing a Single Judge decision, the Kerala High Court on Friday delivered a significant decision ruling that the second dose of the COVISHIELD vaccine can only be administered after the prescribed dose interval of 84 days. In its 94-paged judgment, a Division Bench of Chief Justice S Manikumar and Justice Shaji P Chaly has elaborated on why the decision of the Centre to decline relaxation...
Karnataka High Court Stays Holding Of Bar Council Of India Elections For Chairman & Other Office Bearers
The Karnataka High Court has passed an interim order staying the holding of elections on December 4 or to any other adjourned date to the office of the Chairman, Vice-Chairman and Executive Members of the Bar Council of India.The High Court passed the order in a writ petition by Advocate Sadashiva Reddy YR, a member of the BCI from the Karnataka State Bar Council, challenging the BCI...
Can A Person Enrol As Advocate Without Giving Up Other Job? Supreme Court To Examine BCI's Challenge Against Gujarat HC Judgment
The Supreme Court on Friday agreed to hear the special leave petition filed by the Bar Council of India challenging the November 2020 judgment of the Gujarat High Court which allowed persons with other employments, whether full-time or part-time, to enrol as Advocates without resigning from their jobs.A bench comprising Justices Sanjay Kishan Kaul and MM Sundresh however turned down the...
Persons With Disabilities Should Not Be Asked to Remove Prosthetic Limbs At Airport Security Checks : Supreme Court
In a petition filed to ensure convenient air travel for persons with disabilities, the Supreme Court of India on Wednesday observed that differently abled persons with prosthetic limbs/calipers should not be asked to remove the prosthetics at airport security checks so as to maintain human dignity.The Court also observed that lifting a person with disability during air travel or security...
Pension Shall Be Determined On Rules Existing At The Time Of Retirement: Supreme Court
The Supreme Court has observed that the pension payable to an employee on retirement shall be determined on the rules existing at the time of retirement. The Court also observed that the law did not allow the employer to apply the rules differently in relation to persons who are similarly situated.The bench of Justices MR Shah and BV Nagarathna in the present matter was considering a...
Father Responsible To Maintain Child Till Adulthood : Supreme Court
The liability and responsibility of the father to maintain the child continues till the child/son attains the age of majority, the Supreme Court observed in a judgment dissolving marriage of a couple."It also cannot be disputed that the son has a right to be maintained as per the status of his father", the Court added.Further, the court said that a child should not be made to suffer due...
Supreme Court Allows Registration Of BS-IV Vehicles' Sale Uploaded On E-Vahan Portal Before March 31, 2020
The Supreme Court has permitted registration of those BS-IV vehicles whose sales were uploaded on e-Vahan portal before 31.03.2020 provided that the temporary/permanent registration was granted before the cut off date, i.e. 31.03.2020The concerned transport authorities have however been directed to carefully scrutinize the records to ensure that the sales are genuine and have taken place prior...
'Senior Citizens Do Not Have Luxury Of Time' : Bombay High Court Upholds Maintenance Tribunal's Power To Pass Eviction Orders
The Bombay High Court has observed that the Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 can pass an order for removal of a person from the senior citizen's property.A division bench comprising Justice Gautam Patel and Madhav J Jamdar endorsed the view expressed by a division bench of the Delhi High Court in the case Sunny Paul v State of NCT...
BREAKING : Bombay High Court Grants Default Bail To Sudha Bharadwaj In Bhima Koregaon Case; Refuses Bail To 8 Other Accused
The Bombay High Court on Wednesday granted default bail to lawyer-activist Sudha Bharadwaj in the 2018 Bhima Koregaon – Elgar Parishad caste violence case.However, the Court rejected the bail applications of the 8 other accused Sudhir Dawale, Dr P Varavara Rao, Rona Wilson, Advocate Surendra Gadling, Professor Shoma Sen, Mahesh Raut, Vernon Gonsalves and Arun Ferreira. They were...
Why Linking Fundamental Rights To Duties Is An Extra-Constitutional Argument
Time and again statements are made seeking to link Fundamental Rights provided under the Constitution with Fundamental Duties. As this piece will argue, this attempt to conflate the rights and duties is an extra-constitutional argument that ignores the context in which Fundamental rights emerged and the historical reasons for expressly guaranteeing them under the Constitution.In order to become a great country, we must "create a balance between fundamental duties and fundamental rights,"...