Page 8 - Law

Muslim women can get maintenance after divorce under CrPC Section 125: SC

The Supreme Court on Wednesday ruled that a Muslim woman can seek maintenance from her husband under Section 125 of the Code of Criminal Procedure and said the "secular and religion neutral" provision is applicable to all married women irrespective of their religion. The Muslim Women (Protection of Rights on Divorce) Act, 1986 will not prevail over the secular law, a bench of Justices B V Nagarathna and Augustine George Masih said. "We are hereby dismissing the criminal appeal with the major conclusion that Section 125 would be applicable to all women...," Justice Nagarathna said while pronouncing the verdict. The two judges gave separate but concurring verdicts. Section 125 of the erstwhile CrPC, which deals with a wife's legal right to maintenance, covers Muslim women, the bench said. The Muslim Women (Protection of Rights on Divorce) Act, 1986 will not prevail over the secular and religion neutral provision of Section 125 of CrPC, it said while stressing that maintenance is not

Must protect women's financial, residential security: Justice Nagarathna

Financial security as well as security of residence of Indian women need to be protected and enhanced for their true empowerment, Justice Nagarathna observed on Monday. She made the observation while delivering a separate but concurring verdict of a bench, also comprising Justice Augustine George Masih, which held that a Muslim woman can seek maintenance from her husband under Section 125 of the CrPC and said the "religion neutral" provision is applicable to all married women irrespective of their religion. "Both 'financial security' as well as 'security of residence' of Indian women have to be protected and enhanced. That would truly empower such Indian women who are referred to as 'homemakers' and who are the strength and backbone of an Indian family which is the fundamental unit of the Indian society which has to be maintained and strengthened," Justice Nagarathna said in her 45-page verdict. She said it goes without saying that a stable family, which is emotionally connected and

SC judge Khanna recuses from considering review pleas on same-sex marriage

Senior-most Supreme Court judge Sanjiv Khanna on Wednesday recused himself from considering pleas seeking review of the apex court's judgement last year declining legal recognition to same-sex marriage, sources said. According to the sources, Justice Khanna has cited personal reasons for his recusal. The recusal of Justice Khanna would necessitate reconstitution of a fresh five-judge constitution bench by Chief Justice D Y Chandrachud for considering the review pleas. The top court on Tuesday had refused to allow open court hearing of pleas seeking review of its last year's judgement. In a setback to gay rights activists, a five-judge constitution bench headed by Chandrachud had on October 17 last year refused to accord legal backing to same-sex marriage, saying there was "no unqualified right" to marriage with the exception of those that are recognised by law. The apex court, however, had made a strong pitch for the rights of queer people so they don't face discrimination in ...

Former MP Prajwal Revanna remanded in judicial custody for 14 days

A court here on Monday remanded former MP Prajwal Revanna, who was arrested on charges of rape and sexual abuse against several women, to 14 days judicial custody. As his custody under the Special Investigation Team (SIT), which is probing the cases, ended on Monday, he was produced before the court, which remanded him to judicial custody. The 33-year-old grandson of JD(S) patriarch and former Prime Minister H D Deve Gowda had failed in his bid to retain the Hassan parliamentary constituency in the recent polls. SIT officials arrested Revanna soon after he landed at Bengaluru Airport from Germany on May 31. He had left for Germany on April 27, a day after Hassan went to the polls. A 'Blue Corner Notice' seeking information on his whereabouts had earlier been issued by the Interpol, following a request by the SIT via the Central Bureau of Investigation. A Special Court for Elected Representatives issued an arrest warrant against Revanna on May 18, following an application moved by

TS LAWCET & PGLCET 2024: T'gana LAW and PG Law result to be declared today

The Telangana Law and PG Law Common Entrance Test results will be declared today at 4 pm. Candidates can check the results through the official website of TS LAWCET at lawcet.tsche.ac.in

NEET sanctity hit, says SC; seeks govt, NTA response on plea for fresh exam

Observing that the sanctity of NEET-UG, 2024 has been affected, the Supreme Court on Tuesday sought responses from the Centre and the National Testing Agency (NTA) on a plea seeking holding of a fresh examination on grounds of alleged question paper leak and other malpractices. The top court, however, refused to stay the counselling of successful candidates for admissions to MBBS, BDS and other courses. Taking note of the allegations, a vacation bench of Justice Vikram Nath and Justice Ahsanuddin Amanullah said what the NTA was supposed to do was sacrosanct. "Sanctity (of the exam) has been affected, so we need answers," he said. Besides the Centre and the NTA, which conducts NEET-UG, the bench also issued notices to the Bihar government. There were allegations of malpractice in holding the exam in the state. "How much time do you want...Immediately on the re-opening? Otherwise, the counselling will start," the bench said. It tagged the plea filed by Shivangi Mishra and nine other

IT ministry to meet industry over draft digital competition law on Jun 13

The IT Ministry has scheduled a meeting with industry associations on Thursday to discuss their views on the draft Digital Competition law that has witnessed startups clash with tech giants in a pitched battle over certain provisions. The meeting will be chaired by the IT Secretary S Krishnan. "Numerous representations are being received from industry associations on the draft digital competition Bill, raising serious concerns regarding the impact of the proposed Bill on data and digital markets," the IT Ministry said in its meeting notice, seen by PTI. Senior officials of the Ministry of Corporate Affairs and Competition Commission of India (CCI) are likely to attend the meeting. A source said another meeting has also been scheduled for June 18, when the IT Ministry officials will interact with various companies on the issue. The discussion comes at a time when the battle lines are drawn within the industry over provisions of the draft bill. It may be recalled that prominent nam

Plea in SC seeks probe against media cos for telecasting exit polls

On June 4 counting took place and the share market crashed, resulting in a massive loss of Rs 31 lakh crore for common investors, said advocate BL Jain who filed the plea

Excise policy cases: SC refuses to entertain Manish Sisodia's bail pleas

The Supreme Court on Tuesday refused to entertain the bail pleas of AAP leader Manish Sisodia in the cases lodged by the CBI and the ED in connection with the alleged Delhi liquor policy scam. The apex court, however, said Sisodia can revive his petitions for bail after the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) file their final prosecution complaint and charge sheet, respectively, in the cases involving alleged corruption and money laundering. A prosecution complaint is the ED's equivalent of a charge sheet. A vacation bench of Justices Aravind Kumar and Sandeep Mehta noted the submissions of Solicitor General Tushar Mehta, appearing for the ED and the CBI, that the central probe agencies would file their final prosecution complaint and charge sheet by July 3. Senior advocate Abhishek Singhvi, appearing for Sisodia, sought bail for him, saying trial in these cases have not yet started despite the politician being in custody for nearly 15 months

Pak's law minister advocates for minority judges to join higher judiciary

Pakistan's Law Minister Azam Nazir Tarar has advocated for judges from minority communities to join Pakistan's higher judiciary. Speaking at the Justice A R Cornelius Conference held here on Saturday, Tarar emphasised the importance of religious freedom and minority rights in Pakistan and expressed his aspiration for judges from minority communities to join the country's higher judiciary, the Express Tribune newspaper reported on Sunday. The minister highlighted that Pakistan's Constitution guarantees complete religious freedom. At the same time, he lamented the decline in religious tolerance post-Afghan war. Tarar talked about the ongoing efforts to establish a Minority Rights Commission and proposed reserving quotas for minority law officers and legal advisors. Supreme Court Justice Mansoor Ali Shah echoed Tarar's sentiments and advocated for the appointment of minority judges to the higher judiciary. According to data released by the Pakistan Bureau of Statistics in 2021, there

CM Kejriwal to return to Tihar jail on June 2 as court denies further bail

After 21 days of freedom, AAP convener and Delhi Chief Minister Arvind Kejriwal will be back in the Tihar Jail on June 2 in the excise policy case as a city court Saturday reserved its order on his plea seeking interim bail on medical grounds. A day before he surrenders before the jail authorities, Kejriwal held a meeting of the AAP's political affairs committee at his residence this morning. He later attended the Indian National Developmental Inclusive Alliance (INDIA) bloc meeting at Congress president Mallikarjun Kharge's home. Kejriwal was released from the jail on May 10 on interim bail granted by the Supreme Court for campaigning in the Lok Sabha polls. Kejriwal said on Friday that he will leave around 3 pm on Sunday to surrender before the jail authorities. The city court on Saturday reserved for June 5 its order on an application moved by Kejriwal seeking interim bail in the money laundering case linked to alleged excise policy scam. The court observed that the plea was fo

Delhi HC dismisses with costs plea seeking reasons from SC collegium

The Delhi High Court has dismissed with costs of Rs 25,000 a petition seeking a direction to the Supreme Court collegium to provide detailed reasons while refusing to accept recommendations for appointment of high court judges. Petitioner Rakesh Kumar Gupta also sought directions to the top court collegium to provide the "qualification" considered for appointment as a high court judge and publish monthly data related to pending and disposal of recommendations. Justice Subramonium Prasad observed that the court cannot sit in appeal over the subjective satisfaction of the Supreme Court's collegium and the petition was a "complete waste of judicial time". "This court is inclined to dismiss the writ petition imposing costs of Rs 25,000 on the petitioner to be deposited with the Armed Forces Battle Casualties Welfare Fund within a period of four weeks from today. The writ petition is dismissed along with pending application(s), if any," the court said in an order passed on May 27. The .

Swati Maliwal assault case: Court dismisses Bibhav Kumar's bail petition

A court here on Monday dismissed the bail plea of Chief Minister Arvind Kejriwal's close aide Bibhav Kumar who is accused of assaulting AAP MP Swati Maliwal at the CM's residence. Metropolitan Magistrate Gaurav Goyal rejected the bail plea of Kumar, a personal assistant of the CM, after hearing arguments from both sides in the court. A detailed order on the matter is awaited. During the proceedings, Rajya Sabh MP Maliwal told the court that there was a threat to her life and grave danger to her family if Kumar was released. She claimed that a one-sided video about the incident "was made by a YouTuber", following which she started receiving the threats. A couple of videos from the chief minister's residence from the day of the incident on May 13 have surfaced on social media, one showed Maliwal having an argument with security personnel, while the other showed her walking out of the CM's residence in the Civil Lines. Maliwal's advocate said that despite the fact that Kumar was in j

Court convicts Medha Patkar in defamation case filed by Delhi L-G Saxena

A Delhi court on Friday convicted Narmada Bachao Andolan (NBA) leader Medha Patkar in a defamation case lodged against her by V K Saxena, the incumbent lieutenant governor of the national capital. Metropolitan Magistrate Raghav Sharma found Patkar guilty of criminal defamation. Under the relevant law, the activist may get a jail term of two years or fine or both as the punishment. Patkar and Saxena have been locked in a legal battle since 2000 after she filed a suit against him for publishing advertisements against her and the Narmada Bachao Andolan (NBA). Saxena was then the chief of Ahmedabad-based NGO National Council for Civil Liberties. Saxena had also filed two cases against her for making derogatory remarks against him on a TV channel and issuing a defamatory press statement.

Porsche crash: Court cancels bail of Pune teen, sends him to remand home

Following an outcry, the Juvenile Justice Board here on Wednesday cancelled the bail granted to a 17-year-old youth allegedly involved in a car accident and remanded him to an observation home till June 5. The board had on Sunday granted bail to him hours after the accident in which two persons were killed, while also asking him to write a 300-word essay on road accidents, an order that drew an onslaught of criticism from various quarters. Police then approached the Board again, seeking a review of its order and permission to treat the teenager as an adult accused on the ground that the crime was of heinous nature. Police have registered a First Information Report against the minor, son of a real estate developer, under IPC sections 304 (culpable homicide not amounting to murder), 304 A (causing death by negligence), 279 (rash driving ), 337 (causing hurt by an act which endangers human life), 338 (causing grievous hurt by an act endangering life or personal safety) and relevant ...

SC scraps pleas for review of verdict upholding revocation of Article 370

The Supreme Court has dismissed a batch of petitions seeking review of its December 11, 2023 verdict that unanimously upheld the Centre's decision to abrogate provisions of Article 370 bestowing special status to the erstwhile state of Jammu and Kashmir. A five-judge bench headed by Chief Justice D Y Chandrachud considered the pleas in chambers and dismissed applications for listing of the review petition in open Court. "Having perused the review petitions, there is no error apparent on the face of the record. No case for review under Order XLVII Rule 1 of the Supreme Court Rules 2013. The review petitions are, therefore, dismissed," the bench, also comprising justices Sanjiv Khanna, B R Gavai, Surya Kant and A S Bopanna (since retired) said in its May 1 order. It also rejected permission to appear and argue in person, a request made by various petitioners. The review petitions were filed by Awami National Conference, Jammu and Kashmir People Democratic Party, CPI(M) leader Mohamme

Excise scam case: HC dismisses Sisodia's bail pleas, AAP disagrees

After the rejection of the bail pleas of Manish Sisodia in the excise case, the AAP on Tuesday said the party "respectfully disagrees" with the Delhi High Court's decision and will approach the Supreme Court to seek "justice" for the former Delhi deputy chief minister. The high court on Tuesday dismissed the bail pleas of Sisodia in money laundering and corruption cases lodged by the Enforcement Directorate (ED) and the CBI respectively in connection with the alleged liquor scam. Addressing a press conference, Delhi minister Atishi said the excise policy case is a "political conspiracy" of the BJP. "We respect HC but we respectfully disagree with its decision. This alleged liquor scam is a political conspiracy by BJP. It is a political conspiracy to attack AAP, crush and trample the party. "When the BJP couldn't defeat AAP in Delhi and Punjab in the electoral battle, this conspiracy was hatched," she charged. The AAP leader said there are certain facts that prove this is a ...

Maliwal assault case: Bibhav taken to Mumbai for retrieval of phone data

Delhi Chief Minister Arvind Kejriwal's aide Bibhav Kumar, arrested for allegedly assaulting AAP MP Swati Maliwal, was taken to Mumbai to retreive data from his allegedly formatted phone, police said on Tuesday. Kumar is in a five-day police custody in connection with the alleged assault on Maliwal, a Rajya Sabha MP, at the Delhi CM's residence. Police said Kumar had formatted his phone after transferring its data to some person or device in Mumbai. His mobile phone was seized following his arrest but it was found to have been formatted, they said. A five-member police team landed at the Mumbai airport around 4.30 pm with Kumar. They took him to many locations, including the place where he stayed before coming to Delhi on May 18. Kumar's phones, laptop and CCTV recordings have been sent for forensic examination, an officer said. The officer said as the police custody of Kumar is ending on Thursday, investigators are trying to collect all the evidence related to the case. Maliwal

SC notice to Centre on plea alleging overuse of pesticides on crops

The Supreme Court on Friday sought response from the Centre and others on a plea claiming overuse of pesticides and other chemicals on crops and food items is resulting in deaths across the country. A bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra issued notices to the Union government, Ministry of Agriculture, Food Safety and Standards Authority of India (FSSAI) and others while seeking their replies to the plea. Senior advocate Anitha Shenoy told the court that the petitioner has collected data from across the country showing a very high number of deaths due to pesticides. The top court was hearing a plea filed by advocate Akash Vashisht. "The use and overuse of pesticides and inorganic chemical substances, including insecticides, weedicides, fungicides, rodenticides, herbicides or any other inorganic chemical substances, on food crops and food items has emerged as the primary and predominant cause of causing cancers and other fatal ...

In matters concerning liberty of citizens, every single day counts, says SC

Every single day counts in matters concerning the liberty of citizens, the Supreme Court said on Friday while asking the Delhi High Court to decide on the regular bail plea of a businessman in a corruption case related to the now scrapped Delhi excise policy. The petitioner's regular bail application has been heard by the high court on 40 occasions and now the matter has been adjourned to July 8, a bench of Justices B R Gavai and Sandeep Mehta was told by senior advocate Kapil Sibal, appearing for businessman Amandeep Singh Dhall. "This cannot be that after 40 hearings, you don't decide the regular bail," he said. The bench noted it has been informed that his regular bail plea was filed in July last year. "In matters concerning the liberty of citizens, every single day counts. Keeping the matter of regular bail pending after almost 11 months deprives the petitioner of his liberty," the bench said. "We request the high court to decide the bail application prior to the closure for .