Legal Articles

LEGAL ARTICLES

MARGINALIZATION OF WOMEN IN INDIAN SOCIETY

India, a state known for a giant diversified population having one of the strongest political establishments is presently not very strong towards its weaker section of the society, i.e., the Women.

KUNAL SINGH

2021-09-06 9 min read

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LEGAL ARTICLES

A RENAISSANCE IN THE ADJUDICATION OF INDIA

India, i.e., Bharat is a state known to have the best constitution of the world. It is a document enshrined with numerous ideological thoughts for the development of the nation. The Constitution is designed in the manner that it constitutes India into a sovereign, socialist, secular, democratic and a republic state.

KUNAL SINGH

2021-09-06 3 min read

LEGAL ARTICLES

LANGUAGE as a Medium of LAW

To maintain proper functioning of the civilised society, the establishment of law is a fundamental requirement. Law works as a method to regulate the society. It acts as a binding force with the aim to develop the state and so, it is very important to understand the relationship of law with language, and more importantly how they mark the beginning of the concept known as the Legal Language.scription.

KUNAL SINGH

2021-08-31 3 min read

Law Student's Corner: Legal concepts, Notes and Clarifications

LAW STUDENT'S CORNER

Legal maxims under law of torts

KUNAL SINGH

2021-09-07 7 min read

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With the intention of weeding out defective petitions clogging the apex court registry, the Supreme Court Tuesday warned that it will dismiss 729 such pleas as the court was "unnecessarily burdened" with them.

A bench headed by Chief Justice Ranjan Gogoi said some of these 729 petitions have been lying in defect in the registry since 2010 and the petitioners have not cured the defects despite being repeatedly told by the registry.

The bench, also comprising Justices Deepak Gupta and Sanjiv Khanna, gave one last opportunity to the parties to cure the defects in their petitions within two weeks and said that their failure to do so will result in dismissal of their petitions. "The Supreme Court is unnecessarily burdened with this. We will get rid of these petitions," the bench said.

When one of advocates said they be given four weeks time to cure the defects, the bench said it would dismiss the petitions if the defects were not cured within two weeks from Tuesday. 
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In a significant ruling in the criminal justice delivery system, the Supreme Court has held that the trial court should give the victims of an offence a hearing while awarding punishment to the accused charged of an offence.

Giving this ruling, a bench of Justices Madan B Lokur and Deepak Gupta said that a considerable amount of progress has been achieved in giving life to the rights of victims of crime despite the absence of a cohesive policy. But a lot more still needs to be done. 
Among the steps that need to be taken to provide meaningful rights to the victims of an offence, it is necessary to seriously consider giving a hearing to the victim while awarding the sentence to a convict. There needs to be some balancing of the concerns and equalising their rights so that the criminal proceedings are fair to both.

In a separate verdict, Justice Deepak Gupta, while agreeing with Justice Lokur, said that a victim should seek permission in the high court for filing an appeal.

The bench was dealing with an appeal by the legal representative of Kodagali, the deceased who was a victim of an attack on the night of 6th February, 2009, at Bagalkot in Karnataka.

The trial court acquitted the accused and upon appeal, the Karnataka high court rejected the same without going into the merits. The present appeal by the legal representative is against this verdict.

Disposing the appeal, Justice Lokur held that the right to appeal is not a mere matter of procedure but a substantive right. The Parliament has recognised the rights of a victim to participate in a mutually satisfactory disposition of the case. This is a great leap forward in the recognition of the right of a victim to participate in the proceedings of a non-compoundable case.

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Netflix, Amazon prime alleged to be in violation of IPC and IT Act for streaming ‘vulgar’ content

As reported by media, a PIL has been filed in the Delhi High Court seeking regulation of content on online platforms such as Netflix, Amazon Prime Video, Hotstar, etc.

The PIL has been filed by an NGO named Justice for Rights Foundation for the purpose of removal of the content which is “uncertified, sexually explicit and vulgar” from the above-stated platforms as the content being streamed is in violation of the provisions of the Indian Penal Code (IPC) and the Information Technology Act.

Further, it has been stated by the petitioners that these online platforms offered vulgar, sexually explicit, pornographic, profane, virulent, religiously forbidden and morally unethical contents to attract more subscribers and generate profit.

The matter is listed for 14-11-2018.

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Mackinnon Mackenzie & Co. Ltd. v. Audrey D'Costa, AIR 1987 SC 1281

The Supreme Court coming harshly upon the employer declared in categorical

terms that it shall not accept any discrimination between males and females as regards payment of wages . . . . . .

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Mr. X v. Hospital Z, AIR 1999 SC 495 .
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Gaurav Jain v. Union of India, AIR 1997 SC 3021
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The Habeas Corpus Case 
A.D.M Jabalpur v. Shiv Kant Shukla (1976) 2 SCC 521

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Aadhaar card, driving licence, marriage registration document and even voter identity card will not confer Indian citizenship on persons belonging to other nations, unless the conferment is made by the competent authority, the Madras High Court has ruled.

Justice T Raja gave the ruling while dismissing a writ petition from Divya, daughter of a Sri Lankan women Jayanthi, who was detained at Anna International Airport here, on July 19 last. Jayanthi, a Sri Lankan national, migrated to Tamil Nadu following the ethnic problem there in 1989.

FACTS:

She studied SSLC in Tamil Nadu in 1991 and got married to one Premkumar, an Indian citizen, on April 21, 1992. The marriage was properly registered. She was blessed with three children. She had obtained Aadhaar card, driving licence and even a voter ID card

She applied for a passport in 2004 and went to Italy in 2007 and worked there as a house-maid. She often came back to India and stayed in Tamil Nadu for some days and again flew back to Italy. The immigration authorities in India never created any problem for her.

While so, when she came back from Italy and landed in Chennai on June 22 last to attend her daughter’s wedding at Tiruchy, she was detained by the authorities at Arignar Anna International Airport on the ground that she had obtained Indian passport fraudulently, as she was a Sri Lankan national by birth. The authorities also found that she was holding a Sri Lankan passport issued on October 12, 1989, which expired on October 11, 1994.

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The Delhi High Court has warned officials of the immigration and police department from profiling individuals on the basis of religious practices. The court said such profiling was contrary to the constitutional creed of India.

The observation came while hearing the case of a Muslim Canadian national of Indian origin who was immediately sent back to Canada upon his arrival at Hyderabad airport citing the reason that he had visited mosques and attended religious gatherings during his last visit.

The man, Mohammad Abdul Moyeed, had challenged the decision of blacklisting him in Delhi High Court.

The central government, in response, had told the court that they had acted on the report of a police officer in Haryana. “He visited various important mosques in Indian cities for Tabligh activities to strengthen Islamic brotherhood. It was noticed that he believed in orthodox Islam with an intention to propagate that Muslims should unite and should fight against western countries and the USA. He may be involved in arranging funds for anti-national groups,” the court was told.

The court, however, rejected the contentions saying the authorities had no such material corroborating the allegations of the Centre and if he (Moyeed) had been involved in such activities, the Canadian authorities would have taken note of these aspects.

Observing that Moyeed was wronged at the hands of the authority the court said, “Every violation of visa norm cannot possibly lead to banning a person from entering into the country unless there is material to show that the person concerned acted in a manner which was inimical to our national interest.” It asked the officials to re-examine the case and also give an opportunity to the complainant to present his case.

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“The Delhi High Court today said that every vehicle, including that of top constitutional authorities, running on the national capital roads has to abide by the law and have a registration number that should be displayed. 
A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar said every vehicle in Delhi has to comport to the motor vehicle law, and directed the Centre and the AAP government to ensure all the official cars used by them are registered at the earliest. "There can be no manner of doubt that every vehicle has to comport to the Motor Vehicle Act and has to be registered with a registering authority and must display the registration number," the bench said. 
The directions by the court came while disposing of an NGO's plea seeking to enforce the display of registration number on cars of constitutional authorities like President, the Vice President, Governors and Lieutenant Governors, and dignitaries. 
The NGO, in its plea, had said that a person meeting with an accident involving such a car without a registration number cannot bring any claim against it as due to the absence of any identification mark, the vehicle's ownership cannot be known and the citizens get the message that if a dignitary could disobey the law and get away with it, so could they.

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