Bringing you the Best Analytical Legal News
“When an application is filed under Section 3(2) of the Muslim Women (Protection of Rights on Divorce) Act, 1986, the Magistrate is expected to consider and pass an order as provided under Section 3(3) of the Act. There is no provision in the Statute enabling the party aggrieved by that order to prefer an appeal”
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“As per settled scientific studies and assessments, postpartum depression is rather common in some women and that this is not a situation that will continue forever, but most of the time being temporary, for a short duration”
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Supreme Court clarified that the limited jurisdiction of the referral Courts under Section 11 must not be misused by parties in order to force other parties to the arbitration agreement to participate in a time-consuming and costly arbitration process.
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“We have not expressed any opinion on the merits of the claim of either party including regarding the arbitrability of the dispute. All contentions and pleas are kept open for the parties to raise before the arbitral tribunal.”
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Madras High Court clarified that to constitute an offence under Section 354-A(1)(i) of IPC, the accused must make unwelcome physical contact and advances, specifically involving explicit sexual overtures.
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A quick legal roundup to cover important stories from all High Courts this week
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“The case in hand depicts the sorry state of affairs that prevails in society while dealing with differently abled persons. The fact that the petitioner who has 100% hearing and speech impairment from young age was able to complete the School Education and the Engineering course, shows the amount of grit and determination on his part to remain in the mainstream of the society.”
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“To assume that the minorities of the country require some ‘safe haven’ for attaining education and knowledge is wholly incorrect. The minorities of the country have not just joined the mainstream but comprise an important facet of the mainstream itself.”
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“To be a minority institution, it only had to be established by the minority and not necessarily be administered by the minority members. Minority institutions may wish to emphasise secular education and for that minority members are not needed in administration”
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“Recruiting bodies subject to the extant rules may devise an appropriate procedure for bringing the recruitment process to its logical end, provided the procedure is transparent non-discriminatory, non-arbitrary, and has a rational nexus with the object sought to be achieved”
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The actress alleged that the Sreekumar, through Facebook and over phone, abused her in a manner causing disrepute to her and outraged her modesty.
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Supreme Court’s observed that no empirical data has been provided to demonstrate that Light Motor Vehicle (LMV) license holders driving transport vehicles are a significant cause of road accidents
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It is manifest that it is the KPSC, with its vacillating and dithering stance, that is largely responsible for this long-pending litigation, impacting the lives, hopes and aspirations of nearly twelve hundred candidates
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The father was alleged of conspiring to alter his son’s blood samples in an attempt to conceal the presence of alcohol following the tragic incident.
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APTEL said that the sufficient cause to be shown by an applicant, for the delay to be condoned, would depend on the facts and circumstances of each case, it would not be justified to apply a uniform criterion to determine whether the cause shown is sufficient to condone the delay in filing the appeal.
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“It is the duty of the ‘State’ and the prison officials to treat all prisoners equally and make sure that steps for reformation are taken rather than imposing more and more punishments on them, thereby, promoting them to commit further crimes.”
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“Trust forms the bedrock of matrimonial relationships. The spouses must have implicit and total faith and confidence in each other. Snooping on the other destroys the fabric of marital life. One cannot pry on the other.”
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This roundup revisits the analyses of Supreme Court’s judgments/orders on Section 6A of Citizenship Act; Intoxicating Liquor; Byju’s Insolvency case; Delhi Education Rules; Brij Bihari Prasad murder case; Pune Triple Murder case; RG Kar Rape and Murder Case; and more. It also covers Top stories; Never reported Judgments; Cases Reported in SCC Weekly in October.
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Madras High Court emphasised that the process of talaq requires strict adherence to established procedures. If the husband asserts that he has divorced his first wife by properly pronouncing talaq three times, but the wife disputes this, it raises the critical question of whether the marriage has been validly dissolved.
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“It appears that 576 students have received the Diploma Course certificates from the Tamil University, during the Academic Year 2007-08. Though the certificates are said to have been issued with an endorsement ‘not for practice’ and an undertaking was also obtained by the University, in reality, it is not known as to how far it is being followed by the respective certificate holders.”
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