Author: Kanika Bhatnagar

According to the Bombay High Court, kissing on the lips and touching a minor’s private parts do not constitute an unnatural offence under Section 377 of the Indian Penal Code. Despite the fact that such acts would be illegal under the Protection of Children from Sexual Offenses Act (POCSO Act), the Court granted bail to the accused, citing the fact that the POCSO offences with which the accused was charged carried a maximum sentence of five years in prison, and the accused had been in custody for nearly a year. A single bench of Justice Anuja Prabhudessai was considering a…

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The Chhattisgarh High Court has ruled that it is mental cruelty if a wife forces her husband to separate from his parents and threatens to accuse him of false dowry demand. A division bench of Justices Goutam Bhaduri and NK Chandravanshi was hearing a petition filed by a spouse contesting an order issued by a Family Court in Korba on February 21, 2017 that denied his appeal for divorce based on cruelty. The judges concluded from the evidence that the couple’s marriage had only lasted two months before they began to have disagreements. The wife frequently left her marital home…

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Ashwini Kumar Upadhyay, a BJP leader and lawyer, has filed a Public Interest Litigation (PIL) asking the Centre and the Delhi government to make “Health and Yoga Science” an obligatory element of the curriculum up to class 8 for children’s overall development. The right to health (Article 21) and the right to education (Article 21A), according to the petitioner, are complimentary and additional to one another. As a result, under the spirit of S.29 of the RTE Act 2009, it is the state’s responsibility to make “Health and Yoga Science” an obligatory element of the curriculum up to class 8.…

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A Supreme Court bench led by Justice DY Chandrachud will hear the petition for a stay on the survey of the Gyanvapi Mosque complex in Varanasi, which is next to the Kashi Vishwanath Temple. On Friday night, Chief Justice of India NV Ramana issued an order directing the registry to list the matter before Justice Chandrachud, which was posted on the Supreme Court website. Anjuman Intezamia Masajid Committee, represented by Senior Advocate Huzefa Ahmadi, Senior Advocate Fuzail Ahmad Ayyubi, Advocate Nizamuddin Pasha, Advocate Ibad Mushtaq, and Advocate Kanishka Prasad, has filed a petition against the survey of the disputed Gyanvapi…

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The Orissa High Court has ordered the revaluation of two answers provided by a candidate who took the examination for direct appointment into the District Judge cadre from the Bar. A Division Bench of Chief Justice Dr. S. Muralidhar and Justice Radha Krishna Pattanaik held that the broad power under Article 226 may continue to be available even if there is no provision for revaluation in a situation where a candidate is treated as having given the wrong answer despite having given the correct answer about which there can be no reasonable doubt, and thus the candidate is found disentitled…

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The Supreme Court on Friday dismissed a petition to postpone the NEET PG 2022 exam, citing “chaos and uncertainty” as well as a “cascading effect” if the timetable was changed. At a time when the country was barely emerging from the pandemic cloud, a bench led by Justice D.Y. Chandrachud accepted the Union government’s argument that “any delay in the holding of the tests would mean fewer doctors in hospitals”. “The petitioners are doctors who are conducting their mandatory internship with different hospitals across the country,” said the appeal submitted by Ashutosh Dubey and Abhishek Chauhan. The petitioners wish to…

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NV Ramana, the Chief Justice of India, stated on Tuesday (May 9) during a farewell function of retiring judge Justice Vineet Saran. “Any achievement we got during my tenure as CJI is a collective decision and credit should go to all of us and not individuals”. CJI N V Ramana claimed that Supreme Court judge Justice Vineet Saran is a “man of the people,” aware of socio-economic realities, and that those with legitimate causes will never leave his court empty-handed. In his farewell address to Justice Saran, who is stepping down as an apex court judge today, the CJI described…

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On Wednesday, a two-judge bench of the High Court issued a split decision in two cases challenging the exemption to Section 375 of the Indian Penal Code, which exempts forced sexual intercourse between a man and his wife from the criminal offence of rape. Justice Rajiv Shakdher ruled that a husband’s immunity from marital rape was unconstitutional, and he overturned exception 2 of Sections 375 and 376B of the Indian Penal Code (IPC). Forced sex by husband on wife should be labelled rape said Justice Rajiv Shakdher while announcing the verdict. He claimed it was in violation of the Constitution’s…

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On Tuesday, the Supreme Court stayed a non-bailable warrant issued by the Allahabad High Court on Noida CEO Ritu Maheshwari for failing to appear before it in a contempt case a day after it had refused to do so. After senior advocate Mukul Rohatgi raised the issue, a bench led by Chief Justice of India N V Ramana halted the order. The plea will be heard in detail by the court on Wednesday. Maheshwari had gone to the high court on May 5, the day she was summoned, but had arrived late, according to Rohatgi, “this is a heinous instance…

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The Punjab and Haryana High Court ordered on Tuesday that BJP leader Tajinder Pal Singh Bagga, who is accused of posting offensive statements on social media that promote religious animosity and criminal intimidation, cannot be arrested until July 6, the next date of hearing. The matter was heard before Justice Anoop Chitkara’s bench, and it lasted about 45 minutes. Bagga’s petition for quashing a FIR filed by Punjab Police in Mohali against him for allegedly making inflammatory words against Delhi Chief Minister Arvind Kejriwal, as well as his case against arrest warrants issued by a Mohali court, was heard by…

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