Top Feminist Judgements Of 2022 : From Supreme Court & High Courts

Indian feminist scholarship has extensively examined embedded patriarchy in legal rules and their application by the courts. It is often argued that women's access to justice, which is both a fundamental human right and an essential means to implement other human rights, is inadvertently curbed by the Indian judicial set-up which is entrenched in patriarchy and is oblivious to her needs....

Best Of 2022- 40 Important Supreme Court Judgments On ARBITRATION With Parallel Citations

Court while considering application seeking appointment of arbitrator cannot go into question of novation of contract. Meenakshi Solar Power Pvt. Ltd. v. Abhyudaya Green Economic Zones Pvt. Ltd., 2022 LiveLaw (SC) 988Issue of arbitrability should be left to arbitrator unless on the face it is found that dispute is non- arbitrable. VGP Marine Kingdom Pvt. Ltd. v. Kay Ellen Arnold,...

Kerala High Court Says Chief Judicial Magistrate May Have Forged Evidence In Trial, Orders Lakshadweep Administrator To Suspend Him Pending Enquiry

The Kerala High Court on Friday said that former Chief Judicial Magistrate at Amini island in Lakshadweep seems to have forged evidence in a criminal trial and is liable to be proceeded against under law.Justice P.V. Kunhikrishnan directed Lakshadweep Administrator to place K. Cheriyakoya, who is currently working as Secretary of the District Legal Services Authority, under suspension...

Reporting And Publishing Of Judgments Part Of Freedom Of Speech And Expression, Cannot Be Taken Away Lightly: Kerala High Court

The Kerala High Court on Friday ruled that reporting and publishing of judgments are part of freedom of speech and expression.Dealing with petitions seeking enforcement of the 'right to be forgotten' against uploading of court orders or judgements on the internet, the division bench of Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen said:"The Courtroom is open to all. The Court...

Bombay High Court Raps Maharastra Police For Misusing Official Secrets Act, Says Police Stations Not 'Prohibited Place' For Videography

The Bombay High Court has pulled up the police for registering FIRs under Section 3 of the Official Secrets Act against those videographing "discussions" or taking photographs inside police stations and directed the authorities to take appropriate steps to ensure the law is not misused.The division bench of Justice Revati Mohite Dere and Justice Prithviraj K. Chavan said it would be open for...

Right To Be Forgotten | Kerala High Court Says Legislature Alone Competent To Enumerate Grounds But Till Then Courts Can Decide On Case-To-Case Basis

Observing that legislature alone is competent to enumerate grounds for claiming right to be forgotten and carve out exceptions to the claims of such a right, the Kerala High Court on Thursday said in the absence of legislation, the court may have to recognise the right and direct removal of such content available online on a case-to-case basis.The division bench Justice A. Muhamed Mustaque...

Serum Institute's 100 Cr Defamation Suit: Bombay HC Refuses To Immediately Restrain Individuals From Posting On Social Media, Cites Paucity of Time

The Bombay High Court refused immediate relief to restrain certain individuals in a 100-crore defamation suit by Covishield vaccine manufacturer Serum Institute of India and its CEO Adar Poonawalla.The court said that the matter was bulky, and it did not have time to hear it at length for interim reliefs and refused to pass a restraining order till then. Justice N. J. Jamadar however, granted...

Right To Be Forgotten - Kerala High Court Allows Litigants To Seek Deletion Of Personal Identities In Family Cases & In-Camera Trials

Pronouncing a significant verdict on the "right to be forgotten", the Kerala High Court on Thursday held that personal information of the parties may not be published on the High Court website in respect of the family and matrimonial cases if the parties in those cases make such a request. While holding that the claim for protection of personal information based on right to privacy cannot...

No Proposal To Reduce Age Of Consent Under POCSO Act : Centre Tells Rajya Sabha

The Central Government has informed the Rajya Sabha that there is no proposal to reduce the age of consent from 18 years to 16 years under the Protection of Children from Sexual Offences Act 2012 to prevent the criminalisation of consensual relationships between teenagers.Union Minister for Women and Child Development Smriti Irani stated this in response to a query raised by Rajya Sabha MP...

'Sleepless Nights & Nightlife Not Meant For Students; Absolute Freedom Not Good': University Defends Girls Hostel Curfew

A written statement has been filed by the Kerala University of Health Sciences in the issue pertaining to the notification issued by the Higher Education Department barring female students from going out of the Government Medical College hostels after 9.30 PM. In the statement filed through the Standing Counsel of the University, Advocate P. Sreekumar, it has been averred that the writ...

India Is Not A Monolith, Indians Have Different Views On Different Issues And Are Entitled To Air Their Views: Delhi High Court

The Delhi High Court on Tuesday said that India is not a monolith and lots of Indians have different views on different issues, while asking defence analyst Abhijit Iyer Mitra to not arrogate to himself the responsibility of airing Indian point of view on India-China border tensions."Each one of them (Indians) is entitled to air their views, including you," said Justice Prateek Jalan,...

[BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-I

A. Regular BailQ.1 Can the word "bail" be used as a verb and as a noun and what is its meaning ? Ans. The word "bail" is used both as a verb and as a noun. As a verb, the word "to bail" means - "to deliver an arrested person to his sureties upon their giving security for his appearance at the time and place designated, to submit to the jurisdiction and judgment of...