How Should Magistrates Deal With Protest Complaints? SC Explains [Read Judgment]

"Magistrate could not be compelled to take cognizance by treating the protest petition as a complaint."

Punjab & Haryana HC Allows Man To Provide Rice, Ghee & Clothes To Wife As Maintenance

What could be termed as an interesting development as far as maintenance law goes, Punjab & Haryana High Court in case of Amit Mehra v. Manju allowed an unemployed husband (who had lost his job) to provide basic necessities like Rice, Ghee & wearing suits to his wife in maintenance. Amit, resident of Punjab, had told the high court that he can't provide monetary sum to his...

ICJ Decision: Yet Another Wake-Up Call for New Delhi

Today's ICJ decision in Kulbhushan Jhadav's case serves to remind us how crucial it is to take recourse (and timely recourse) to international adjudicatory mechanisms to decide international issues. It is against the backdrop of India's success at the ICJ that one must consider whether taking the Kashmir issue to the ICJ is a viable option for New Delhi. It is, in my opinion, the first step towards a resolution of the multi-layered Kashmir problem for the reasons given in my doctoral thesis way...

Postscript: The Supreme Court's Problematic Order In The Karnataka Case

Yesterday, I wrote that the ongoing Karnataka controversy represents a breakdown of constitutional conventions. This breakdown creates a space for inevitable judicial intervention – but a space that is fraught with risk for the Court. In fashioning a remedy, the Court ought to make it as difficult as possible for the warring political functionaries to subvert constitutional conventions, while leaving the final solution to the existing democratic processes.Today morning, the Court passed an order...

Breaking : Ranchi Court Withdraws Direction To Distribute Quran Copies For Bail [Read Order]

The Judicial Magistrate Court, Ranchi has withdrawn the controversial direction imposed in a bail order to donate copies of Quran.The condition was imposed by judicial magistrate Manish Singh on July 15 while allowing release on bail of 19 year old Richa Bharti, who was accused of hurting religious sentiments through a Facebook post.Based on an application filed by Pithoria police...

Why SC Order In Karnataka MLAs Case Goes Against The Spirit Of Anti-Defection Laws?

In the name of maintaining 'constitutional balance', the Court passed an order nullifying the effect of Clause 2(b) of Schedule 10 of the Constitution.

Judicial Supremacy Amid The Breakdown Of Constitutional Conventions: What The Karnataka Controversy Tells Us About Our Parliamentary Democracy

It has long been observed that the smooth functioning of parliamentary democracy depends upon constitutional conventions. Put simply, a constitutional convention refers to a set of uncodified norms that are sanctified by a long tradition of unbroken practice. Political functionaries tend to adhere to these norms either out of a sense of public duty, or out of fear of paying a political cost by breaking them.A written Constitution can reduce the extent to which governance relies upon conventions....

Delhi HC Imposes Rs. 50,000 Cost On Woman For False Sexual Harassment Plea [Read Judgment]

The Delhi High Court bench comprising of Justice J.R. Midha, while hearing a matter placed before it, recently fined the female petitioner Rs 50,000 for raising a false plea of sexual harassment. The petitioner, an Assistant Director with ESI Corporation in Manesar, Gurgaon in July, 2011 made a written complaint to the Director-General of ESI Corporation alleging sexual harassment by...

Delhi Court To Hear Mahua Moitra's Criminal Defamation Complaint Against Zee News

A Delhi court on Monday agreed to hear a criminal defamation complaint filed by Trinamool Congress MP Mahua Moitra against Zee News and its Editor-in-Chief Sudhir Chaudhary for alleging that her maiden speech in Parliament made on June 25 on the 'Seven Signs of Fascism' was plagiarized. Metropolitan Magistrate Preeti Parewa took cognisance of the complaint and listed the matter for...

Allahabad HC Orders Police Protection To BJP MLA's Daughter Who Married Outside Caste

They were reportedly attacked outside the court complex as soon as they stepped out after the hearing.

Judges Not To Be Addressed By "My Lord" And "Your Lordship": Rajasthan HC

In a significant move, the Rajasthan High Court today issued a notice requesting counsels and those appearing before the judges to desist from addressing the Hon'ble Judges as "My Lord" and "Your Lordship". The notice was issued following a unanimous resolution taken by the Full Court in a meeting held on 14th July. Such move was taken "to honor the mandate of equality enshrined in...

Victim Under Immoral Traffic (Prevention) Act Can't Be Sent To Correctional Home Against Her Wishes If She Is An Adult: Bombay HC [Read Judgment]

In a significant ruling, the Bombay High Court has held that a victim under the Immoral Traffic (Prevention) Act, who is an adult, cannot be forced to stay at a correctional home against her wishes.Justice SS Shinde was hearing a criminal writ petition filed by one Asiya Shaikh, a 34-year-old resident of Pune who claims to have raised the victim in the present case, since she was a...