Constitution Bench Verdict On Triple Talaq Does Not Have A Long Life

Three judgments were delivered by the constitution bench on triple talaq recently. The entire exercise of the constitution bench can be held to be nothing if the three judgments are analysed carefully. The popular belief that triple talaq called ‘talaq-i-biddat’ has been constitutionally ostracised is far from the truth.The first of the three delivered by Chief Justice JS Khehar, though prolix and elaborate, appears to be the correct and one within the constitutional parameters.  The second one...

Appointment Of Dalits As Temple Priests, Affirmative Action & The Way Forward

In the year 1930, Dr. Ambedkar launched his temple entry movement in Nasik (Maharashtra). The Depressed Classes in Nasik informed the trustees of the famous Kalaram Temple that they would launch satyagraha if the trustees did not throw the temple open to the Untouchables before a particular date. The temple entry satyagraha was an initial symbolic move towards social equality and saw resistance from high caste Hindus.After Independence, the Dalits, who account for around 16% of total population,...

MP HC Bars Judicial Officers From Using Social Media During Court Hours

The Madhya Pradesh High Court administration on Saturday restrained the judicial officers and other officials from using any social media such as WhatsApp, Skype, Facebook etc. during the court hours for personal and for any official communication.High Court Registrar General Fahim Anwar has issued the order to this effect.He gave reference of the orders issued by the Chief Justice on...

The Implications Of Collegium’s Decision To Bare its Decisions

The decision of the collegium of the Supreme Court, consisting of the Chief Justice of India and four senior judges, to disclose its decisions and reasons thereof on appointments or non-appointments of judges of the high court and the Supreme Court etc is no doubt popular, but a complete surprise.On the judicial side, the constitution bench of the Supreme Court in 2014 had directed the Union of India to frame a Memorandum of Procedure (MoP) in consultation with the Chief Justice of India on the...

A Tea Vendor’s Battle With Bullet That Killed His Daughter [Read Petition & Rejoinder]

Name: Shyam Sunder Kaushal Age: 47 Occupation: Tea vendor Ambition: Ensuring a strong legislation against celebratory firing“Mera naam Shyam hai. Meri chai ki dukaan hai. Main bus ye chahta hoon ki kisi ki jaan iss tarah ki firing main na jaaye (My name is Shyam. I run a tea stall. All I want is no life is lost in such firing),” he says.A small-time tea shop owner, Shyam talks of...

Karnataka HC's Order Upholding The Ban On Mate Mahadevi's Book Is In Consonance With Law, Says SC [Read Order]

On September 20, the Supreme Court bench of Justices S.A. Bobde and L.Nageswara Rao dismissed the Kannada author and scholar, Mate Mahadevi's petition against the Karnataka High Court's order upholding the Karnataka Government's ban on her book, Basava Vachana Deepthi, without a reasoned order, after hearing arguments for two days. The Karnataka Government had imposed a ban on the book in...

The Jurisprudential Conundrum Of Hadiya Case

Justice has a protean face, capable of change, readily assuming different shapes, and endowed with highly variable features, writes Edgar Bodenheimer in his magnum opus, Jurisprudence, the Philosophy and Method of Law. However, variable the features of our perception of Justice maybe, at its core, it essentially has three values; Liberty, Equality, and Security. Striking a perfect balance between these three components is what ensures moral and legal order in our society. Any of the...

Collegium Clears Three Names For Appointment As Kerala HC Judges [Read Collegium Recommendation]

The Supreme Court Collegium has recommended the names of three District Judges for the appointment as Additional Judges in Kerala High Court.According to the sources the names of Senior District Judges Ashok Menon, R. Narayana Pisharadi and Annie John were recommended by the collegium.Mr.Ashok Menon is now working as the Registrar General of High Court. Mr. Narayana Pisharadi is the...

Allahabad HC Allows Woman’s Plea To Give Her Child In Adoption To Her New Husband [Read Judgment]

Renunciation of the child by a parent can be taken into consideration while determining whether the power to give in adoption has been delegated or to determine the consent to giving in adoption, the court observed.The Allahabad High Court, while expressing its concurrence with the Delhi High Court’s view taken in a matter relating to adoption laws, observed that though the Indian law does...

Jharkhand HC On Special Drive To Dispose Of 500 Cases Pending In Trial Courts

The Acting Chief Justice of the High Court of Jharkhand has initiated a special drive for disposal of over 500 cases pending in trial courts by January next year. There shall be day-to-day hearing of these fast-tracked cases, which are related to law and order issues in the state.A press release issued by the high court stated that the Jharkhand government has given the first list of 362...

Madras HC Rejects Plea Challenging Inquiry Commission To Probe Jayalalithaa’s Death

The Madras High Court, on Wednesday, rejected a Petition seeking a stay on the enquiry commission set up to probe AIADMK supremo J. Jayalalithaa’s death.The Bench comprising Chief Justice Indira Banerjee and Justice M. Sundar reportedly refrained from interfering with the State Government’s order appointing Justice Arumugasamy, a retired Madras High Court Judge, as the one-man...

Madras HC Lays Down Guidelines For Recording Of Witness Statements, Confessions, Dying Declarations & TIP Reports [Read Judgment]

The Madras High Court has laid down guidelines for recording and production of statements under Section 164 of the Code of Criminal Procedure.The directions were issued by a Special Division bench comprising Chief Justice Indira Banerjee and Justice P.N. Prakash. The Bench was constituted after Justice Prakash came across a bail plea of a hearing and speech impaired person accused of...