Revisiting Exception 5 to Section 300
by Tushar Agarwal†
law
Sikk HC | Permissions being granted of extraction of the groundwater even during pendency of PIL; Court lambasts authorities
Sikkim High Court: The Division Bench of Jitendra Kumar Maheshwari and Meenakshi Madan Rai, JJ., heard a Public Interest Litigation relating to
Ker HC | Re-consideration of Minority status of Muslims and Christians; HC rejects plea stating a few people being rich does not determine advancement of whole community
Kerala High Court: The Division Bench of S.Manikumar, CJ, and Shaji P. Chaly, J., rejected the petition seeking direction to the State
SC | Is there a scope for interference in case of encashment of bank guarantee? Read on
Supreme Court: The Division Bench of Sanjay Kishan Kaul and Hemant Gupta, JJ., while addressing the present matter, remarked that: Fate of
Raj HC | Whether third child born on account of failure of ligation operation a reason to deny grant ACP by a blanket order? Court answers
Rajasthan High Court: Sanjeev Prakash Sharma, J., allowed a petition which dealt with the issue as to whether the third child born
Arbitrator cannot rewrite contract for parties; Arbitral award based on no evidence or in ignorance of vital evidence comes in realm of patent illegality: SC
Supreme Court: A Division Bench comprising of R.F. Nariman and B.R. Gavai, JJ. held that an arbitral award which is based on
Del HC | Does a provision after being declared unconstitutional, gets repealed or wiped out from statute book? HC answers
Delhi High Court: Yogesh Khanna, J., remarked that, Once the Parliament steps in and cures the defect pointed out by a Constitutional
All HC | Onus of proving ingredients under the First Exception, S. 499 IPC is on the accused; Defence being a question of fact cannot be claimed at the stage of issuance of summons
Allahabad High Court: Yogendra Kumar Srivastava, J. dismissed the petition and declined to entertain the present application in exercise of its inherent
Del HC | Can members of Scheduled Tribes following Hindu customs claim to be kept out of purview of HMA? HC answers; highlights need for Uniform Civil Code
Delhi High Court: Prathiba M. Singh, J., held that, “…relegating parties to customary Courts when they themselves admit that they are following
Guj HC | Court directs transfer of winding-up proceedings to NCLT; scattering litigation to various forums leads to multiplicity, abuse of process of law
Gujarat High Court: The Division Bench of Vineet Kothari and B.N. Karia, JJ., took up a petition which dealt with the parties
Ker HC | On what grounds can pregnancy of a mentally unsound woman be terminated? Is consent of women indispensable? HC answers
Kerala High Court: P.B.Suresh Kumar, J., invoked the doctrine of parens patriae to permit termination of eight weeks pregnancy of a medically
Utt HC | Char Dham Yatra banned until decision by Supreme Court; Court checks and double checks arrangements by the State amidst approaching third wave
Uttaranchal High Court: The Division Bench of Raghvendra Singh Chauhan, CJ. and Alok Kumar Verma, J., dealt with the petition which came
Elected legislators cannot claim privilege or immunity to stand above sanctions of criminal law: SC rules out withdrawal of criminal case against MLAs in 2015 Kerala Assembly ruckus
Supreme Court: A Division Bench of Dr D.Y. Chandrachud and M.R. Shah, JJ. upheld the order of the Chief Judicial Magistrate, Thiruvananthapuram,
Orissa HC looks into the issue of overcrowding of jails; asks IG Prison for report; Reprimanded ad hoc measures and rather asked for a long term plan
Orissa High Court: A Division Bench of S. Muralidhar, CJ and S.K. Panigrahi, J. gave a slew of directions regarding the issue
Bom HC | Departmental enquiry and criminal proceedings can go on simultaneously: Court refuses to quash departmental enquiry
Bombay High Court: The Division Bench of R.D. Dhanuka and R.I. Chagla, JJ., refused to quash departmental enquiry against the petitioner even
Del HC | De-certification of AYUSH teachers; HC sets aside CCIM’s order de-certifying “Teacher Code” of practitioners for working outside their State of registration
Delhi High Court: V. Kameswar Rao, J., had set aside the controversial order of the CCIM (Central Council of Indian Medicine), whereby,
SEBI | Financial Racket: Kundra, Shetty into murky waters again | Imposes fine for insider trading on Viaan Industries
Securities Exchange Board of India (SEBI): Suresh B Menon, Adjudicating Officer, imposed a monetary penalty of Rs three lakh on Viaan Industries
Kar HC | “There can be illegitimate parents, but no illegitimate children.” HC analyses whether a ‘son’ born out of void marriage be considered for compassionate appointment
Karnataka High Court: A Division Bench of B.V Nagarathna and Hanchate Sanjeev Kumar, JJ. allowed the petition and remarked: “no child is
Real test is to check whether the act was directly concerned with official duty: SC quashes criminal proceedings against clerk accused of conspiring with superiors, for want of S. 197 CrPC sanction
Supreme Court: A Division Bench of Sanjay Kishan Kaul and Hemant Gupta, JJ. upheld Rajasthan High Court’s order whereby it had directed