Latest Legal News

Report of the crime against Women

India has always been a patriarchal society. The crime against women has always been the bane in the development of the country. The label given to the crimes against the women is popularly known as ‘custom’. For eg., in earlier times the crime of Sati was tagged as the custom. This custom was in practice so as to denote that without husband the wife has no existence, therefore she should also not the right to live. In modern times and after so many after years of independence, the crime against women has not decreased. So many cases regarding various crimes related...

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Does Criminal Complaint for settling Civil Dispute is an abuse of process of law?

The Supreme Court bench comprising of the Justices Aruna Mishra, S Abdul Nazeer and MR Shah passed an order in an appeal against a verdict of the Delhi High Court. The main issue raised in the matter before the Supreme Court was whether the filing of a criminal complaint about settling the civil dispute amounts to an abuse of process of law or not? Facts of the Case A person (Respondent No. 1) agrees into an agreement to sell in respect of house instituted at WZ1179, Plot No. 11, Rani Bagh, Shakur Basti, Delhi with two other people (Respondent No. 2 &...

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Suspension of the sentence even without issuing notice

A bench of Justice Banumathi and Justice Bopanna of Supreme Court in its latest judgment has passed the order of suspended the sentence of one woman convicted of cheque bounce case. This is done after taking into consideration the period undergone. The order is given under the case titled as R.Manimehalai vs. Banumathi. The petitioner has been convicted under Section 138 of the Negotiable Instrument Act, 1881 and is undergoing the sentence from 26.06.2019. Keeping in mind the period of a sentence and all the facts and circumstances of the case the Supreme Court issued the order even before the issuance...

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Can Section 149 IPC be charged without invoking Section 141 IPC?

The Supreme Court answers this question in an appeal raised to it from the decision of the Punjab and Haryana High Court. The bench of the Supreme Court for this case comprised of Justice Sanjay Kishan Kaul and KM Joseph. The appellants of the case were charged under Sections 148, 302, 307, 325 read with Section 149 of the IPC and Section 449 of the IPC. The question in the particular case was that if someone is charged under Section 149 of Indian Penal Code, 1860, is it necessary to invoke him under Section 141 of IPC also? ...

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Jammu and Kashmir (Reorganisation) Bill, 2019 Passed

On 5th August, 2019 the Central Government with political and legal precision, led a move in the Rajya Sabha to end the special status of Jammu & Kashmir, which became part of Union of India on 26th October 1947, through the “Instrument of Accession” (IOA) signed by the then ruler Hari Singh . Through this IOA it had its Constitution and framed own laws in all areas except defense, external affairs, and communications. By the end of the day, as per the order, President Ram Nath Kovind has exercised his power under Clause 1 of Article 370 and came out with...

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The requirement of the DNA Test will be ordered only after appropriate satisfaction

The Supreme Court comprising of the Justices Ashok Bhushan and Navin Sinha, dismissed the decision of the Andhra Pradesh High Court. The Court said that: "It (DNA Test) is a serious matter which should not be lightly to be resorted to without there being appropriate satisfaction for the requirement of such test." The brief facts of the case are that the appellants obtained a fake caste certificate and with the help of that fake certificate, the accused obtained the employment as an Additional Assistant Engineer. Therefore, the accused was charged under the various provisions of the Indian Penal...

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Article 370 Scrapped

The President of India in the exercise of the powers conferred by Article 370(1) of the Constitution and with the concurrence of the Government of State of Jammu & Kashmir promulgated the Constitution (Application to Jammu & Kashmir) Order 2019 on 05th August 2019. It states that all the provisions of the Indian Constitution are applicable to the State of Jammu & Kashmir. The Constitution (Application to Jammu & Kashmir) Order 2019, shall come into force “at once”, and shall supersede the Constitution (Application to Jammu & Kashmir) Order 1954. As per the Gazette published by the Ministry of Law and...

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Criminalisation of Triple Talaq challenged in Supreme Court

A religious organisation of the Sunni Muslim scholars and clerics in Kerala Samastha Kerala Jamiathul Ulema has filed a petition in the Supreme Court challenging the Constitutional validity of the Muslim Women (Protection of Rights on Marriage) Act, 2019 [https://mk0barandbenchgqge2s.kinstacdn.com/wp-content/uploads/2019/08/Muslim-Women-Protection-of-Rights-on-Marriage-Act-2019.pdf] which criminalizes the Tripe Talaq. The petitioner has contended that punishing Muslim man for pronouncing “Talaq Talaq Talaq” is violative of Article 14, 15 and 21 of the Constitution. The concept of Triple Talaq is based on Muslim’s religious identity. Violations of Article 14 As per Section 3 of the above-mentioned Act, any pronouncement of talaq by a Muslim husband upon his wife,...

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Triple Talaq Bill passed by Parliament

INTRODUCTION Several civil society members and organizations on Tuesday i.e. 30th July 2019 condemned the passage of the Muslim Women (Protection of Rights on Marriage) Bill, 2019, in Parliament. The Rajya Sabha on 30th July 2019 passed the Bill with 99 votes in favour and 84 in against. It was passed in the Lok Sabha on July 25th and now awaits presidential assent. The Bill makes the practice of instant triple talaq a penal offence. Triple talaq allows Muslim men to divorce their wives by uttering the word “talaq” thrice in spoken or written forms, or via electronic communication. The penalty of the offence Firstly,...

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VENUE OF ARBITRATION AND JURISDICTION OF HIGH COURT

The Supreme Court held that only the High Court having the jurisdiction over that place can entertain a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 for arbitration when parties agree upon a place is as the ‘venue’ of Arbitration. Case: A bench of the Justice R Banumathi and AS Bopanna set aside an order passed by the Madras High Court. In the instant case, the appellant and the respondent in the case had entered into an agreement for sale of iron ore pellets; which were to be loaded from the Dhamra Port, Bhadrak in Odisha and off-loaded in Chennai,...

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