Author: Rashmi Jain
High Court Acts Promptly on WhatsApp Message In a swift and decisive move, the Allahabad High Court has taken Suo moto cognizance of a horrifying incident involving the brutal attack on a female police officer (‘X’) while she was on duty on the Saryu Express during the night of August 30-31. This proactive action was initiated based on a WhatsApp message received by Chief Justice Pritinker Diwaker. Chief Justice Pritinker Diwaker swiftly convened a bench, alongside Justice Ashutosh Srivastava, at his residence on the evening of September 3rd at 8:00 PM, following the receipt of the concerning message. Shocking State…
The Rajasthan High Court has taken a significant step in response to Chief Minister Ashok Gehlot’s recent statements, which alleged corruption within the country’s judiciary. The court has issued a notice to CM Gehlot, instructing him to respond to a Public Interest Litigation (PIL) that seeks the initiation of contempt of court proceedings against him. In this extended news piece, we delve into the details, implications, and the legal context surrounding this development. Prima Facie Scandalous Accusations A division bench comprising Justices Manindra Mohan Shrivastava and Ashutosh Kumar has reviewed the allegations made by Chief Minister Gehlot and found them…
In a significant legal ruling, the Supreme Court has clarified the status and property rights of children born from “void or voidable” marriages under the Hindu Succession law. This landmark decision addresses a long-standing issue surrounding the inheritance rights of non-marital children. Defining Void and Voidable Marriages Under Hindu law, marriages classified as “void” do not establish the legal status of husband and wife. In contrast, marriages categorized as “voidable” provide the couple with the status of husband and wife, subject to certain conditions. Notably, a void marriage can be annulled without the need for a decree of nullity, whereas…
In a significant development, the Supreme Court has formally accepted the comprehensive report submitted by the Supreme Court Committee on prison reforms. The Court has taken a proactive stance by soliciting responses from both the Union Government and State Governments in relation to the findings presented in the report. With a view to addressing critical aspects of the jail system, the Court has outlined specific areas of concern for its upcoming deliberations. Key Focus Areas for Court’s Consideration The Court, recognizing the need for comprehensive reforms, has outlined several pressing areas of concern. It has directed its attention to matters…
In a significant development, the Calcutta High Court has recently issued a circular delineating comprehensive guidelines for law enforcement agencies and criminal courts concerning the arrest of individuals, particularly in cases related to cruelty to wives under Section 498A of the Indian Penal Code (IPC) or the Dowry Act. High Court: Rethinking Automatic Arrests The circular, released on August 23, carries a pivotal directive from the High Court, urging the State police to exercise discretion when dealing with cases falling under Section 498A. Rather than resorting to automatic arrests upon registration of a complaint, law enforcement is instructed to thoroughly…
In a recent development, the Supreme Court of India has taken a significant step by issuing notices to the Central Government, all States, and Union Territories regarding a Public Interest Litigation (PIL). The PIL seeks to address the matter of reservation for transgender persons in public employment. PIL Filed by Transgender Individual The PIL in question was presented before a bench comprised of Chief Justice of India DY Chandrachud, along with Justices J.B. Pardiwala and Mr. Justice Manoj Misra. The petitioner, Subi KV, is a transgender person (TGP) who has initiated this legal action. Reference to Landmark Judgment and Existing…
The Madras High Court has asked Tamil Nadu Government to provide reservation to Transgender persons in the local body election. It also issued a directive to the Cuddalore District Collector, compelling them to take action against the President and members of the Nainarkuppam Village Panchayat. This move comes in response to a transphobic letter and resolution passed by the Panchayat against the grant of patta land to transgender individuals in the village. Legal Action Under Tamil Nadu Panchayats Act Justice SM Subramaniam, presiding over the case, mandated that the District Collector, as the first respondent, must initiate appropriate actions under…
In a significant legal development, a Special Leave Petition (SLP) has been filed in the Supreme Court challenging the constitutional validity of the ‘Mukhya Mantri Annadoot Yojna’, a scheme introduced by the Government of Madhya Pradesh. The scheme has raised concerns due to its impact on the allotment of transportation work to unemployed individuals, displacing the previous tender-based system. This article provides an in-depth breakdown of the key arguments presented in the SLP. Article 14: Discrimination and Eligibility Criteria The heart of the petitioners’ challenge lies in the argument that the eligibility criteria of the scheme, which are based on…
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