Legally Speaking

INDIGENOUS PEOPLES AND INDIGENEITY

08 Jan 2021 03:19 AM IST

In the last piece where I started a conversation on a civilizational approach to “blasphemy” in the context of Section 295A of the IPC, I had ended the piece with the following questions: “How does one determine the indigeneity of thought? Does this translate to recognition of the concept of

Measures needed for expeditious disposal of criminal appeals in which appellants are still in custody: Orissa High Court

07 Jan 2021 03:58 AM IST

The court has very rightly expressed its grave concerns pertaining to the inordinate delay in the disposal of the appeals. What is most pleasing to see is that the two-judge bench of the Orissa High Court has not dithered from holding all the stakeholders responsible for the delay in the

Legislative coups & intricacies of anti-defection law

06 Jan 2021 03:55 AM IST

The Tenth Schedule was inserted in the Constitution in 1985 to disqualify those defectors who used to change parties to topple the government. When this practice became too frequent, Parliament passed anti-defection laws to uphold people’s mandate and endorse the democratic values embodied in the Constitution.

Punjab & Haryana HC sets aside moratorium imposed by Bar Council of India

05 Jan 2021 02:10 AM IST

The court has set aside the three-year moratorium imposed by the Bar Council of India on opening of new colleges as ultra vires of the Indian Constitution.

The curious case of artificial insemination and legitimacy provisions

04 Jan 2021 02:51 AM IST

The issue of foremost importance is up to what extent the test of legitimacy as laid down in Section 112 is justifiable in today’s times having several modern scientific developments such as sperm banks, artificial insemination, surrogacy, and many more methods which don’t require the physical presence of a man

Section 357A(4) of CrPC is a substantive provision; victims entitled to compensation even for crimes that occurred prior to its enactment: Kerala High Court

01 Jan 2021 03:54 AM IST

In a latest, landmark, learned and laudable judgment titled District Collector Alappuzha v. District Legal Service Authority, Alappuzha and others in WP (C) No. 7250 of 2014 (E) delivered just recently on December 22, 2020, the Kerala High Court has held that the provisions in Section 357A(1)(4)&(5) CrPC are substantive

A civilisational approach to blasphemy

01 Jan 2021 03:52 AM IST

In the last piece, I had discussed in brief the nature of Section 295A of the IPC, also known as the Blasphemy provision, based on two judgements of the Supreme Court and one of the Calcutta High Court. While Courts have addressed the issue from the perspective of the law,

No legality attached to fatwa, it’s not binding: Delhi HC

31 Dec 2020 03:28 AM IST

Delhi High Court has made it abundantly clear that there cannot be any legality or validity attached to a fatwa issued by a maulvi especially in respect of ownership of immovable property. Such a declaration in form of fatwa would also not be binding on the third party.

Re-examining the evidentiary threshold standards vis-à-vis departmental, criminal proceedings

30 Dec 2020 04:08 AM IST

The primary consideration that one must keep in mind while analysing departmental and criminal proceedings, which are investigating the accused on the same set of facts and allegations, is that the two proceedings are completely independent of each other and follow different jurisprudence.

State needs to fix responsibility: Bombay High Court

29 Dec 2020 03:41 AM IST

It is really great, good and genuine that the Aurangabad Bench of Bombay High Court in Arun and Shailendra vs The State of Maharashtra and 4 others in Criminal Writ Petition No. 574 of 2013 delivered on December 1, 2020 has directed the State Government of Maharashtra to pay Rs.

Desist from undertaking two-finger test, avoid disclosing rape survivors’ identity: J&K HC to trial court

28 Dec 2020 04:38 AM IST

In a well-written, well-articulated, well-analysed and well-reasoned judgment titled State of J & K V/s Md. Imran Khan in SLA No. 38/2018 delivered as recently as on 24 December 2020, the Jammu and Kashmir High Court while reminding the mandate of Section 228A of the J&K Ranbir Penal Code directed

Law of inheritance: Property of male person dying intestate under personal laws

28 Dec 2020 04:35 AM IST

India is known for its archaic and ethnic diversity along with the ingredient of personal laws serving as a cherry on the top. The multi mosaic model of the country continued its peaceful existence until the challenge of succession emerged which owed its origin to religion and the customary practices.

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