Sathyasri Sharmila Becomes First Transgender Lawyer To Register With Bar Council Of Tamil Nadu And Puducherry

In a big win for inclusivity in the legal community, thirty-six-year-old Sathyasri Sharmila from Paramakudi in Ramanathapuram district has become the first transgender lawyer to enroll herself with the Bar Council of Tamil Nadu and Puducherry (BCTNP).Born as Udhayakumar, Sharmila walked out of her home at the age of 18, after her neighbours began ill-treating her. She then changed her name...

The Victim Woman’s Reflexive Overt Acts Alone Constitute Matrimonial Cruelty Under Section 498 A Of The Indian Penal Code

A closer examination of Section 498 A of the Indian Penal Code, 1860 (‘IPC’ for short) will reveal that all acts of cruelty (as generally understood) against a woman by her husband or his relatives may not amount to matrimonial cruelty within the meaning of the Section. Such cruelty may amount to other offences either under the IPC or any other law but not the cruelty as contemplated by Section 498 A of IPC. The said Section reads as follows :-“498A : Husband or relative of husband of a woman...

The Selective Battles Of Bar Council Of India-II

The BCI ought to do more ground check before making tall claims for 99.9%, because most discerning members of the bar do not wish to be counted in that 99.9%.The Bar Council of India (BCI) seems like a sleeping leviathan which springs into action only to wage its “selective battles”.  During April it had come up with a resolution—semantically flawed and conceptually confused, against lawyers who intended to move an impeachment motion against the CJI, which was commented upon in an earlier...

Forgetting Something Is Not Memory Loss, Nor Alzheimer’s - Otherwise Bulk Of This Court’s Bar & Bench Would Be Said To Suffer From Alzheimer’s : Justice GS Patel

“ Alzheimer’s is not word to be bandied about like this. It is a clinical condition with a pathology. All memory loss is not indicative of Alzheimer’s. Forgetting something is not a memory loss, nor Alzheimer’s — otherwise the bulk of this Court’s bar and bench would be said to suffer from Alzheimer’s”, observed Bombay High Court Judge Justice Gautam Patel while rebuking...

Complete Autistic Child's Passport Procedure & Interview At His Home: Bombay HC To Authorities [Read Order]

The Bombay High Court recently permitted a US national to adopt a 12-year-old autistic boy and directed the passport office to complete the travel document formalities at his residence, noting that he may have difficulty in travelling and waiting for the same at the Passport Office.The Court was hearing a foreign adoption petition filed by a 59 year old American national, Debbie Jean Childs,...

Co-Operative Society Is Not An ‘Industry’ Within The Meaning Of Industrial Disputes Act: Bombay HC [Read Judgment]

The Bombay High Court has held that a co-operative housing society cannot be said to be an ‘industry’ within the meaning of Section 2(j) of the Industrial Disputes Act.Justice SC Gupte was hearing a writ petition filed by Arihant Siddhi Co-op Housing Society challenging an award passed by the Labour Court, Mumbai, wherein the Society’s erstwhile watchman was reinstated with full back...

Governor Or An Agent

“A thousand years scarce serve to form a State; An hour may lay it in the dust.” - Lord Byron It is being said that Justice must not only be done but must appear to be done. Like Justice, accord to the constitutionalism must not only be inculcated but also appear to be inculcated. Governor and the office of the Governor has a long history. We are a federal structure, Are we? Perhaps yes, barring the manipulations and manoeuvring by few whose eyes twinkle more than the twinkle twinkle little...

Office Of Public Prosecutor Can’t File Private ‘Defamation’ Complaints When Alleged Statements Don’t Have Direct Bearing On Public Functions: Madras HC [Read Order]

‘The Public Prosecutor cannot institute a private complaint taking cudgels on behalf of the person defamed.’Quashing criminal proceedings against a Dravida Munnetra Kazhagam (DMK) member who allegedly made defamatory statements against former Chief Minister of Tamil Nadu, the late J Jayalalithaa, the Madras High Court observed that for the statements which do not in any way pertain to...

U’khand HC Quietens The Noise: Sets Max Limit For Loudspeakers, Pvt Sound System At 5dB, Motorcycles To Be Fitted With Silencers [Read Order]

The Uttarakhand High Court has silenced the blaring of the loudspeakers or public address system in the state by announcing that any person, including religious bodies in temples, mosques and gurdwaras, cannot use them without a written undertaking that the noise level will not exceed 5 decibel (dB) peripheral noise level.Not just that, even a privately-owned sound system like the one used...

A Bull(y) Goes Berserk

Bar Council of India has released a press note criticizing the statements made by Justice Chelameswar during various interviews post his retirement.It seems like Bar Council of India (BCI) has assumed disciplinary jurisdiction over the bench as well. I base my assumption on the preaching tone of the press release, which says, “Self-restraint by the Hon’ble judges of the highest court seems to be a forgotten virtue”Looking at the contents of the press release, delusion seems to be the only virtue...

Govt. Bungalows Allotted To Former CMs Should Be Vacated Within 1 Month: MP HC To State

The Madhya Pradesh High Court has directed the State Government to have the bungalows allotted to former Chief Ministers vacated within a month.The Bench comprising Chief Justice Hemant Gupta and Justice A.K. Srivastava struck down as unconstitutional Section 5(1) of the The Madhya Pradesh Mantri (Vetan Tatha Bhatta) Sanshodhan Adhiniyam, 2017. This provision allowed former Chief Ministers to...

99.9% - Not in my name

The Bar Council of India is created by the Advocates Act, 1961, with the singular aim of having a statutory body to regulate the profession of law, and the class of legal practitioners. Accordingly, the Bar Council has several functions including the laying down of the standards of professional conduct of advocates, to promote and support law reforms, promote legal education, etc.[1] To achieve these ends, the Bar Council has been given enormous powers.[2] In the earlier days, the Bar Council...