Can Judges Use Court As A Platform To Voice Personal Views?

Judicial restraint is to be exercised to ensure that all statements made by a judge are backed by evidence and are germane to the issue being considered.

Can Centre Abolish Constitution Of A State?

It is not just Article 370, the President's Order has also amended Article 367, changing the substantive character of an important provision besides abolishing entire Constitution of Jammu & Kashmir. Article 370 is meant for preserving autonomy for Jammu & Kashmir, leaving decision making power regarding relationship with Centre to the state's Constituent Assembly. It is a serious limitation on the authority of Executive and Parliament to pass such orders/legislation for the ...

When A 'Wife' Challenged An Unusual HC Order Restricting Her Mobile Use [Read SC Order]

Matrimonial Disputes are not unusual, but some orders passed by Courts in the litigations connected to such disputes are. The Supreme Court bench comprising of Justice Sanjay Kishan Kaul and Justice KM Joseph came across a special leave petition which impugned one such 'unusual' order by the Jharkhand High Court in an Anticipatory Bail Application. Apprehending arrest in a criminal case...

The Indian Deity: How Law Treats It As A Juristic Person With Perpetual Minority?

In our country, generations have believed in the righteousness of Lord Ram, Allah, playfulness of Lord Krishna, brevity of the Gurus and warmth of Jesus Christ. Religious diversity in India provide a wonderful kaleidoscope of the country's rich social composition, as many religions have originated in the country and few religions of foreign origin have also flourished here. It is...

Call For Pre-litigation Mediation Had Become Louder In The Recent Years: Justice Bobde At NALSA Meet

The 17th All India Meet of State Legal Services Authorities began in Nagpur yesterday, under the aegis of National Legal Services Authority (NALSA), and will conclude today, i.e., August 18. It is an annual meet, designed to contemplate and work upon present-day issues in the legal sector and also to review the progress of existing programs. Law Minister Ravi Shankar Prasad inaugurated the...

When Bills Get Passed Without Following Pre-Legislative Consultation Policy

Passing of bills without affording options for public consultation undermines democratic spirit in legislative process.

Sr Adv K M Vijayan, Whose Lecture On Art 370 Was Cancelled Due To Opposition, Shares His Views On J&K Special Status

After his lecture scheduled by the Madras Bar Association on Article 370 of the Constitution was cancelled due to opposition, Senior Advocate K M Vijayan of Madras High Court shared his views on the topic with LiveLaw.Hours before the event scheduled on August 14, the MBA cancelled it when they received a representation from BJP legal wing objecting to the lecture on the ground that issue...

Professor Shamnad Basheer: Reminiscences From Harvard Law School

It's been more than a week since Professor Shamnad Basheer left us. While I tried writing about him earlier this week, my mind was not ready to sink in that he is no more. I met Professor Basheer only once and as recent as in April 2019; but the warmth, affection and encouragement that I got from him since then, made me feel as if I had known him for a long time. Professor Basheer had come to take a class at Harvard Law School (HLS) on 16 April 2019 as part of Professor David Wilkins' ...

Rules Of BCI And Govt. On Granting Approvals To Law Colleges Have To Be Harmoniously Interpreted: Delhi HC [Read Judgment]

Delhi High Court has held that the Rules of Bar Council of India regarding approval of Colleges and the Rules/Policy laid down by the Directorate of Higher Education have to be read in harmony. Moreover, the temporary approval granted by the BCI cannot be used to challenge the non-grant of NOC by DoHE when the conditions laid down in the temporary approval have not been complied with....

Bombay HC Grants Interim Protection From Arrest To Man Accused Of Giving Triple Talaq To His Wife [Read Order]

The Bombay High Court has granted interim protection from arrest to one Imtiyaz Patel, accused of giving triple talaq or instantaneous divorce to his wife, complainant in the case. Justice Revati Mohite Dere heard the anticipatory bail application filed by Imtiyaz and directed the Assistant Public Prosecutor to take detailed instructions from the State before the next date of...

PIL Filed In Delhi HC Challenging Difference In Minimum Age For Marriage For Men and Women [Read Petition]

A Public Interest Litigation has been filed in the Delhi High Court by Advocate Ashwini Upadhyay seeking abolition of different minimum age for marriage for men and women. The petitioner calls the distinction 'unscientific' and a patriarchal stereotype. According to the Petitioner, the following statutory provisions are responsible for this discriminatory bar: a. Section 60(1) of...

Madras Bar Association Cancels Lecture On Article 370 Due To Objection From BJP Legal Wing

A lecture scheduled by the Madras Bar Association on Article 370 of the Constitution of India had to be cancelled due to the objection taken by the legal wing of the Bharatiya Janatha Party(BJP), reports the Times of India.Senior Advocate K M Vijayan of Madras High Court was supposed to deliver a lecture on the topic during the lunch break on August 14 as part of the Bar Association's...