Legal Sarcasm

Indian courts have jurisdiction over domestic violence committed against Indians abroad NITISH SHUKLA  Background In the present case of Mohd. Zuber Farooqi Vs. Neelima Akhtar; the petitioner married respondent on 2008 in Lucknow and after that, they both migrated to North Carolina, the USA with the Petitioner. In the year 2012, they both shifted to California. On 2013, Respondent gave birth to male child i.e. Zayan Farooqi. On 2014, Respondent left Petitioner’s home in the USA and went to her brother’s place in Columbus, Indiana USA. The petitioner then filed a divorce and child custody petition in the Superior Court in California. On 2015, the respondent came to India and resided in Meerut. On 06/05/2015, the petitioner gave divorce to the respondent in India. On 2016, Respondent filed a Domestic Violence case under Section 12 of Protection of Women from Domestic Violence Act, 2005 before the Metropolitan Magistrate Court, Mulund and maintenance order was passed b...

FUNDAMENTAL DUTY OF MOTOR ACCIDENT CLAIMS TRIBUNAL TO ARRIVE AT A CONCLUSION -TANISHA SHARMA  BACKGROUND: The Motor Vehicles Act, 1988 is an act by Parliament of India which regulates the facets of road transport vehicles. The Act came into force from 1 July 1989. It replaced the Motor Vehicle Act of 1939. Some features of this act are- It provides expeditious and effective disposal of cases relating to motor vehicle accidents. It provides speedier and cheaper remedies to the victims. It also ensures the welfare of the public who meets with road accidents. Suit for damages must be filed in the civil court, after the payment of ad valorem court fee. According to the no-fault principle, provisions as to other rights to claim compensation for permanent disablement or death. It also includes the ‘third party’ concept which means those people who’ve been harmed by the rash and reckless driving of the drivers.  Motor Vehicles Act created a new...

ALLEGATIONS BY JOURNALISTS RUINING REPUTATION OF CITIZENS - VERSHA SINGH BACKGROUND: Journalists are people who gather, write or distribute news on any current information to public at large. Sometimes they criticize things to an extent that it can actually defame an individual or a group of individuals or any organization. We all have seen the harsh acts performed by the journalists that they do during interviews by asking any sort of questions be it personal or professional. They raise irrelevant topics which in turn leads to controversies and also defame people and then seek for quash of the case. They have not been provided any special privilege by the government to speak or publish whatever they want including defamation of someone's reputation. If the facts stated in the news are relevant and completely true then only it should be printed in a newspaper or broadcasted on the news channels so that no one's reputation is harmed for a false cause. ...

AAREY TREE FELLING CASE SC TAKES SUO MOTO JAHNVI SRIVASTAVA  BACKGROUND Soon after the judgement of the Bombay High Court to dismiss the petitions against the proposed asking for over 2,500 and more trees to cut down in Mumbai in the Aarey Colony, the officials nearly cut down 1,500 trees which led to a huge protest against the distortion of trees by the people in the city. Aarey tree felling case SC takes suo moto. There were very prominent reasons for the protest to be carried out which are as follows: The aim of cutting down the trees was to clear the route for the construction of metro due to which a heated argument aroused between the people who were trying to save the trees from being cut down and the Mumbai police.  Even after the protest was going on the trees were being cut down and as a result of this, the activists decided to go to Bombay High Court for the relief. They also wanted the court to order to stay so that they can go the supreme ...

BOMBAY HIGH COURT IMPOSED 5L COST ON HABITUAL PETITIONER -Vidhi Gupta BACKGROUND: The PIL sought the writ of mandamus to be issued directing Union Ministry of Human Resource and Development and Council of Indian School Certificate Examination to register an FIR against the council for the Indian School Certificate for offenses punishable under Sections 406, 420,120- read with section 34IPC. Section 406 of IPC states “Criminal Breach of Trust”. Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to 3 years or with fine or with both. Section 420 of IPC deals with the cheating and dishonestly inducing delivery of property. The maximum punishment that can be awarded is imprisonment for a term of 7 years and fine. Section 120 (b) of IPC states : whoever is the party to the criminal conspiracy to commit an offence punishable with death ,imprisonment for life or rigorous imprison...

BAN ON SLAUGHTERING OF MEAT FOR A SHORT TERM NOT UNCONSTITUTIONAL: BOMBAY HC -Shanika Shukla BACKGROUND         Paryushana Parv is a holy annual festival of Jain, which is celebrated for 9-10 days in the last week of August and the first week of September.  The Jains usually fast, praying and meditate in this event to increase their spiritual level. On 7 September 2004, the state of Maharashtra issued a government resolution to all the commissioner stating that all the abattoir and meat selling shops to remain closed each year at the time of Paryushana Parv. In 2008, in the case of Hinsa Virodhak Sangh vs. Mirzapur Moti Kuresh Jamat & ors where the Ahmadabad Civil body passed a resolution ordering all the abattoir to be closed due to Paryushan, the respondent argued that the closure of abattoir a slaughtering house violates Article 19(1) (g), a fundamental right in the Indian constitution. According to Article ...

Bombay HC refuses relief to accused Malaysian Citizen  ISHA TRIPATHI  BACKGROUND:  On 15 th March 2019, Partheban  A.L. Durai arrived at Chhatrapati Shivaji Maharaj International Airport, Mumbai from Kuala Lumpur, Malaysia by Malaysian Airlines. After completion of all the formalities, Durai was illegally detained for six hours on the airport by Directorate of Revenue Intelligence (D.R.I.) where they tortured him with the view to make him confess to “some alleged smuggling of goods into India” D.R.I. confiscated his passport along with Rs. 30,000 while releasing him on bail in connection with an alleged human embryo smuggling racket. CURRENT ISSUE (Bombay HC refuses relief to accused Malaysian Citizen): Durai arrived on the airport from Kuala Lumpur where he was tortured by D.R.I. agents on the airport without any knowledge. This case was handled by Advocate Nikhil Mengde from the petitioner side and by Advocate Rebecca Gonsalves on ...

Patient With 92% Burn Injuries Can Give Dying Declaration BY-    BHAGYASHIKHA SAPTARSHI BACKGROUND A dying declaration is a statement made by a declarant, who is unavailable to testify in court (typically because of the declarant's death), who made the statement under a belief of certain or impending death. The statement must also relate to what the declarant believed to be the cause or circumstances of the declarant's impending death. In medieval English courts, the principle originated of Nemo moriturus praesumitur mentiri — "No-one on the point of death should be presumed to be lying". An incident in which a dying declaration was admitted as evidence has been found in a 1202 case. CURRENT ISSUE                           The Supreme Court in a Special Leave Petition (criminal) filed in the case of B...

Bombay HC allows termination of 28-week-old foetus NISHTHA SINGH  BACKGROUND: - Abortion (or termination) is the ending of a pregnancy by removal or expulsion of a fetus through medical procedures before it can survive outside the uterus i.e. before completion of the gestational period. Abortion in India is legal in certain circumstances. It can be performed on various grounds until 20 weeks of pregnancy. In exceptional cases, a court may allow a termination after 20 weeks. Before 1971, abortion was criminalized under Section 312 of the Indian Penal Code, 1860,[6] describing it as intentionally "causing a miscarriage", except in cases where abortion was carried out to save the life of the woman. With the arrival of the Medical Termination of Pregnancy (MTP) Act in 1971, termination of pregnancy was made legal up to a broad range of 20 weeks of gestation with certain terms: When the continuation of the pregnancy is a risk to the life of a pregn...

Can income tax be levied on motor accident compensation? NISHANT PRATAP SINGH  BACKGROUND In Shri Rupesh Rashmikant Shah Vs Union of India & Ors. Rupesh who is presently 48 years old, when he was about 8 years old, he was trying to cross The Nepensea Road in South Mumbai accompanied by a household servant when suddenly a car insured by Oriental Insurance Company Ltd. Collided with him causing serious injuries to him. This accident takes place on October 18, 1978. In this accident, his brain got severely damaged which resulted in the admission of him into the hospital in an unconscious state for several months. His parents soon brought him Home setting up a nursing station at home and provided their son all the necessary treatment. Several months later, he regained consciousness, his brain injuries had left him paraplegic. His mental growth also affected. Ever since the accident, Rupesh is completely on bed rest and needs constant assistance even for routine ...

RAPE VICTIMS HAVE A REPRODUCTIVE CHOICE UNDER ARTICLE 21: BOMBAY HC BY- RAHUL AGARWAL BACKGROUND In 2017 the Puttaswamy judgment in K.S. Puttaswamy v. Union of India "specifically recognized the constitutional right of women to make reproductive choice, as a part of personal liberty under Article 21 of the Indian Constitution" which gave the same to rape victims. In this landmark judgment, a bench of nine judges held right to privacy as fundamental rights a key aspect of this personal autonomy is reproductive rights, which entail rights to make sexual and reproductive decisions, as recognized by the 1994 United Nations International Conference on Population and Development. The bench mentioned the position adopted by a three-judge bench in  Suchita Srivastava v Chandigarh Administration  (2009), which held that reproductive rights include a woman’s entitlement to carry a pregnancy to its full term, to give birth, and to subsequently raise children; ...