Latest Legal News

CAA against Constitutional Morality

The petition is filed by NGO minority Front contending that the CAA (Citizenship Amendment Act), NPR (National Population Register) and NRC (National Register of Indian Citizen). The petition was filed by Advocate Ejaz Maqbool and drawn by Advocates Akriti Chaubey, Kunwar Aditya Singh, Muhammad Isa M Hakin and Aishwarya Sarkar.   The petition stated that the CAA is violative of Articles 14, 15, 21, 25 and 51(a) and 51(c) of the Constitution of India. The petitioners have claimed that the act is arbitrary in light of the basic structure of the Constitution. The Act is unethical on the terms of secularism, the thread upon which our Constitution...

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Supreme Court on Financial Assistance as Dowry

In a recent decision, a Bench of the Supreme Court comprising of Justice Deepak Gupta and Justice Aniruddha Bose has held that seeking financial assistance from your wife or her family for the setting up of your business will be termed as dowry. During the contention, the accused stated he needed the money for the expansion of the business i.e his clinic and not as dowry. In an argument, the counsel for the accused also stated that in the judgment of Appasaheb & Anr. vs. the State of Maharashtra, it was stated that demand for money on account of some financial...

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Hospital to pay Rs 76 lakhs in Medical Negligence Case

Facts In the present case, Respondent No.2 /Complainant had to undergo cesarean and the baby was born pre-mature at 32 weeks. The doctor advised for intensive care of the baby at Maharaja Agrasen Hospital- Appellant No.1. At the time of admission, the baby was diagnosed as “32 weeks pre-mature” after 4 weeks of performing cesarean both the baby and the mother was discharged. No advice was given to the mother to have the Retinopathy of Prematurity test (ROP) carried out on the baby. Complainant brought the baby for follow up check-in multiple times and doctors held the baby’s condition...

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Advocate’s Day

In India, every year on December 3rd, 2019, Advocate’s Day is celebrated to mark the birth anniversary of Dr. Rajendra Prasad, the first President of independent India and a very eminent lawyer. He was born on 3rd December 1884 in Zeradei, in the Siwan district of Bihar near Chapra. He was awarded the master's degree in Law with the gold medal in 1915. He used to practice law in Bihar but in 1921 he was greatly moved by the dedication, courage, and conviction of Mahatma Gandhi and he quit as a Senator of the University in 1921 and was...

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Muslims oppose review of Ayodhya Verdict

On the Verdict of Ayodhya Case, the court decided to order the land to the Hindu litigants, while offering an alternative plot of five acres to the Muslim litigants. The discussions between the Indian Muslims to oppose on the review of the Verdict of Ayodhya Case, about 100 eminent Muslim personalities including some film actors like Shabana Azmi and Naseeruddin Shah and some other personalities have opposed to giving challenge on the Verdict of the Supreme Court in the decades-long Ayodhya dispute, because while asserting so or keeping this Ayodhya matter alive that will not help the community in...

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Ayodhya Act: Trust for Temple Construction

A historic judgment passed by the Supreme Court on 09.11.2019 declares that the disputed land will be provided to the Hindu deity, Ram Lalla. The Central Government has been given the responsibility to formulate a scheme for setting up a trust which shall be transferred to the possession of the inner and outer courtyards. This is done as per the Acquisition of Certain Area at Ayodhya Act, 1993. The Sections 6 and 7 of the above mentioned Act give charge to the Government to manage its property by itself or by authorizing a person or body of persons...

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Important decisions of Ram Janambhoomi-Babri Masjid matter

The matter heard today by the Supreme Court of India is an appeal of the decision of the Allahabad High Court which divided the 2.77 acres of land between three parties i.e. Ram Lalla Virajman, Uttar Pradesh Sunni Central Waqf Board and Nirmohi Akhara. But, nobody was satisfied with the judgment, therefore moved to the Supreme Court. The bench who delivered the judgment comprises of Chief Justice Ranjan Gogoi, Justice SA Bobde, who will be the next Chief Justice of India, Justice DY Chandrachud, Justice Ashok Bhushan and Justice S.Abdul Nazeer. This is the second-largest heard case in the history of India....

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Dissenting decision by one judge will not bar the Death Penalty

A review petition was filed by Manoharan whose Death Penalty was upheld by the Supreme Court. In August 2019, the Supreme Court pronounced the death penalty of an accused that kidnapped; gang-raped and then murdered a girl of 10 years of age and her brother who was 7 years old. The decision was given by a three-judge bench comprising of Justice Rohinton Fali Nariman and Justice Surya Kant gave the judgment in the majority and upheld the death sentence of the convict whereas Justice Sanjiv Khanna dissent with the view of the majority judgment. While reviewing the decision, one of the...

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Jammu and Kashmir to be the Union Territory

The State of Jammu and Kashmir have been divided into two Union Territories, i.e. the Union Territory of Jammu & Kashmir and the Union Territory of Ladakh. The Jammu and Kashmir Reorganisation Act, 2019 has come into effect and therefore from October 31st, 2019, the bifurcation of the State of J&K. The Act was passed keeping in mind the measures which would arise after the Article 370 of the Constitution of India was revoked. Some of the important changes that have occurred because of this separation are: One of the major modification that has taken place...

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PIL filed in SC to take action regarding the bore well deaths

A PIL has been filed in the Supreme Court of India regarding the insufficient operations of the Government in preventing children from falling into open or abandoned bore wells and tube wells. The PIL has been filed after the incident in which a two-year-old Sujith Wilson falls into the open/abandoned bore well in Trichy, Tamil Nadu. The incident took place on 25.10.2019. The boy stopped responding to the vocal calls from the 26th morning. His body was recovered from the borewell on 29.10.2019 in the morning. In 2010 the Supreme Court has passed certain guidelines to prevent the...

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