Woman Has Right To Residence In Matrimonial Home, Irrespective Of Whether She Has Any Proprietary Right: Bombay HC [Read Judgment]

Allowing a petition filed against an order of the family court, the Bombay High Court has held that under the Protection of Women from Domestic Violence Act, 2005, any woman has a right to reside in her matrimonial home or shared household, irrespective of whether she has any right, title or interest in the said household or not.Justice Shalini Phansalkar Joshi was hearing a writ petition...

Bombay HC Declares MSRTC Workers’ Strike Illegal, Constitutes High-Power Panel To Consider Pay Revision [Read Judgment]

The Bombay High Court has recalled the strike called by employees of the Maharashtra State Road Transport Corporation (MSRTC) holding it illegal.The striking employees demand a revision in their pay-scale in accordance with the recommendations of the 7th Pay Commission.The vacation bench of Justice SK Shinde noted that the MSRTC serves 7 million passengers daily on 13,700 routes across the...

Harsher Punishments Required For Running Ill-Equipped Fake Hospitals: Andhra Pradesh HC [Read Order]

Emphasizing the need of bringing in certain statutory changes in the Medical Termination of Pregnancy Act, 1971 and Rules 2003, and TS Allopathic Medical Care Establishments (Registration and Regulations) Act 2002 and Rules, 2007,, the Andhra High Court has observed that, as per the relevant provisions of the Acts, while the establishment and running a medical facility without licence is...

The Slaughter Of The Spring Lambs

Only three films in Oscar history have taken all the 5 top awards distributed annually by the Academy of Motion Picture Arts & Sciences. The first was 1934’s It Happened One Night, which was faithfully reproduced by Bollywood as Dil Hain Ke Manta Nahin. The second was forty years later with Milos Forman’s One Flew Over the Cuckoo’s Nest, which mercifully was spared the copycat treatment, not least because a reprisal of McMurphy the crazed inmate would have been nigh impossible. One other...

Allahabad HC Dismisses Plea Against Yogi Govt.’s Circular Making Mandatory Singing Of National Anthem In UP Madrasas [Read Order]

The message and ethos of our National Anthem and Flag therefore needs to be spread and inculcated in all educational institutions irrespective of their affiliation or denomination, the Bench said.Dismissing a plea challenging Uttar Pradesh Government’s ‘forcing’ students of Madarsas to sing the National Anthem, the Allahabad High Court has observed that the singing of the national Anthem...

Transparency In Collegium Strengthens The Independence

Voluntary maximum disclosure is the internationally accepted principle of achieving good governance. The Indian Supreme Court of justice took a significant step forward to implement the obligation of disclosure under section 4(1)b) of Right to Information Act, 2005. Its note said: “Resolution is passed to ensure transparency and yet maintain confidentiality in the Collegium system,” it read:  “The decisions henceforth taken by the Collegium indicating the reasons shall be put on the website of...

Legal Training in India- The Missing Link

Structured Legal Training in India In India, the concept of a structured legal training for lawyers is absent. Any legal practitioner would agree that legal training is absolutely essential despite acquiring an LLB. A degree does not equip one enough to practice as a lawyer. Indian law students depend heavily on internships to learn about the profession. However, neither the quality nor the duration of these internships are monitored or regulated.Only a handful of Indian law firms have developed...

Registration Of FIR Can’t Be Treated As Gospel Truth, Says Bombay HC; Rescues Student From Expulsion [Read Judgment]

The Bombay High Court recently held that the registration of FIR cannot be regarded as gospel truth and be a reason for expelling a student, as it is against principles of natural justice. A bench of Justice BR Gavai and Justice SK Shinde was hearing a petition filed by a 21-year-old student of Mukesh Patel School of Technology Management and Engineering College affiliated to Narsee...

Undeclared Practices At The Supreme Court - I

Sampling the Supreme Court, I recently wrote on how the bench and bar are inseparable. Sharing an unfortunate incident of altercation between the bar and bench, I made an attempt to highlight a growing concern of steep rise in heated exchanges between members of the bar and bench. I closed my submission writing that a spade needs to be called a spade, be it a lawyer or the bench.The current piece borrows inspiration from a recent incident where a notable Advocate-on-Record traced it to the Chief...

Decoding The Millennial Lawyer

Equipped with a fresh outlook, the new generation of lawyers is breaking away from the traditional mold. The change has brought opportunities and challenges in equal measure…The term “Millennials” (also called Generation Y) is used by demographers and researchers to refer to the group born between the early 1980s and the mid-1990s to the year 2000. The millennial generation is credited with ushering in change through entrepreneurial spirit; collaborative attitude; technological know-how;...

Cleaning up Of Legal Profession And Education: Madras HC’s 25 Questions To Bar Council And Others

Justice N Kirubakaran of the Madras High Court made some scathing observations against the unsavoury system in place in India where getting a law degree from “letter pad colleges” is a common practice and asked BCI on what basis it has increased number of law colleges in India which stood at 800 (in 2014) against the needed 175 colleges in 2010.The court delved in to the issue of...

Madras HC Shuns Goondas Taking Avatar Of Advocates, Blames BCI For Mediocrity In Legal Profession [Read Orders]

The Madras High Court has made some serious observations against people in “black and white” dress acting as hooligans while holding the Bar Council of India for institutionalizing mediocrity in the profession by randomly granting approval to law colleges and creating disproportion in demand and supply of lawyers in the society. Justice N Kirubakaran of the Madras High Court made...