Legal Sarcasm

ACT OF REGISTRY IS NOT AN ACT OF COURT VIDHI GUPTA  BACKGROUND: Petitioner SR Venkatesh Babu was the highest bidder on the auction process conducted in 2008, in regard to a property in Bengaluru. Since he was the highest bidder, his bid was accepted and on account of acceptance of his bid, he had deposited Rs.77,00,000 with the respondent-registered of the city civil court on January 12, 2009. The registry in terms of the court instruction was executed and got registered a sale deed dated May 3, 2009, in the favour of the petitioner. However the obstructors' application was favoured by the Executing court, a substantial part of the property that was comprised in the sale deed was ordered to be retained by the objectors. Petitioners challenge in the high court was not accepted and only by granting some equitable remedy, petitioner retained that portion of the property over which obstructors had no claim. A rectification deed was executed in 2015 where the...

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...

CASTE CANNOT BE CHANGED BY THE VIRTUE OF MARRIAGE VERSHA SINGH  BACKGROUND: Caste of a parson is the hereditary classes of the Hindu society which is distinguished by relative degrees of ritual purity or pollution and of social status. When a person is born in a particular family belonging to a specific caste, by default the family's caste becomes his/her caste also. The caste of a person cannot be changed even if they get married to a person of a different caste. A girl belonging to scheduled caste even after being married to a boy of belonging to any general caste category, it will not make any difference in the caste of either person. CURRENT ISSUE (CASTE CANNOT BE CHANGED BY THE VIRTUE OF MARRIAGE): Recently, the honourable High Court of Madras has reiterated that a person's caste is determined only on the basis of birth and caste cannot be changed by the virtue of marriage. The order was passed by Justice N. Anand Venkatesh while he was adjudic...

Availability of Appellate Remedy Under CPC For Supervisory Jurisdiction AMIMA AFSHEEN KHAN  BACKGROUND Article 227  of the Constitution confers on every High Court the power of superintendence over all courts and tribunals throughout the terrains in relation to which it exercises influence excepting any court or tribunal constituted by or under any law relating to the armed forces. The bench comprising of Justice Rohinton Fali Nariman and Justice V. Ramasubramanian for the case Virudhunagar Hindu Nadargal Dharma Paribalana Sabai vs. Tuticorin Educational Society was considering an appeal against an order of the high court passed under article 277 of the Constitution. MAIN ISSUE (Availability of Appellate Remedy Under CPC) In this case, declining the protestations to the maintainability of the modification under Article 227 on the ground of obtainability of an appellate remedy under the Code, the High Court had allowed the Civil Revision Petiti...

SC Commutes Death Penalty Awarded For Rape-Murder Of Minor GARVIT TRIPATHI  INTRODUCTION Residual doubt is any remaining or lingering doubt a jury has concerning the defendant’s guilt despite having been satisfied ‘beyond a reasonable doubt’. In certain states, the jury may consider residual doubt as a non-statutory mitigating factor.SC Commutes Death Penalty Awarded For Rape-Murder Of Minor.    ‘Mitigating factors’ are those relating to the capital defendant’s ‘character or record and any circumstance of the offence’ and are usually listed within the state’s capital sentencing. BACKGROUND The Supreme court on Thursday applied ‘residual doubt theory’ to commute the death penalty awarded to a person for rape and murder of a 13-year-old girl. As per this theory, a higher standard of proof than used at the conviction stage is used to assess whether the convict deserves the death penalty. The bench of justice Rohinton Fail Nariman, R.Subh...

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 ...

SC REVERSES ORDER AGAINST DILUTION OF SC/ST ACT JAHNVI SRIVASTAVA  BACKGROUND The Supreme Court of India has introduced the safeguard to protect and prevent the misuse of SC / ST Act the previous year that is in 2018. This will be and is considered profitable and beneficiary for the officers dealing with the matters relating to the same provision and will further enhance the capacity of officers and will maintain the transparency. SC reverses order against dilution of SC/ST act. After the verdict was given the Supreme Court held that misuse of this act against the public servants and various private parties it was made clear that there will be no immediate arrest on the cases that is brought under the law. However, it was being said that this act just came into being so that government could save the public servants and other innocent citizens were seen as accused. But while enacting the same act no such view point was taken into consideration. Also,...

The Constitutional validity of Telangana Heritage Act, 2017 upheld SHANIKA SHUKLA  BACKGROUND Irrum manzil, is a heritage building of 150 room, at the top of a hillocks known as “Red hill” in Hyderabad. the building was designed by Nawab safdar jung musheer-ud daula fakhrul mulk in 1870. Under the Regulation 13 of the Bhagyanagar urban development zoning regulation 1981, the Irrum manzil was declared as a,” protected heritage bulding”. Regulation 13 restricted the demolition of heritage buildings without the permission of vice chairman, of Hyderabad urban development authority (HUDA). In 2008, during the metropolitaization of Hyderabad, HUDA was abolished and Hyderabad metropolitan development authority (HMDA) act was established. In 2010, HMDA adopted the zoning regulation under which the Irrum Manzil falled within the limits of “special reservation zone”, due to which the government deleted the regulation 13, which was a part of the zoning regulation, s...

‘Any Property’ does not include ‘Immovable Property’- SC NITISH SHUKLA  BACKGROUND Section 102(1) of CrPC (Criminal Procedural Code) says that “Any police officer, may seize any property which may be alleged or suspected to have been stolen, or which may be found under circumstances which create suspicion of the commission of any offence.” This Section empowers the authorised police officer to seize or take hold of or take the custody of that property which he had suspected to be stolen or are those goods which he believes to be related to some crime. ‘Any Property’ does not include ‘Immovable Property’ as per judgement of the Supreme Court. CURRENT ISSUE (‘Any Property’ does not include ‘Immovable Property’) In the recent case of Nasir Hussain V. State of Chattisgarh & Ors, the Hon’ble High Court held that a police officer has no power to seal the immovable property and the word seize under Section 102 of the CrPC would mean only actual taking po...

Tripura HC Bans Animal/Bird Sacrifice In Temples NISHTHA SINGH  BACKGROUND: Animal sacrifices are strongly rooted in local tribal traditions. Animal sacrifices were carried out in ancient times in India, and are mentioned in scriptures such as the Yajurveda. Hindu scriptures such as the Gita and some Puranas forbid animal sacrifice. Tripura HC bans animal/bird sacrifice in temples. A Sanskrit term used for animal sacrifice is Bali, in origin meaning "tribute, the offering of oblation." It is a ritual that is practised today and is mentioned in Medieval Hinduism too. It is important to note that the practice of animal sacrifice is not a required ritual in some sects of Hinduism. According to Article 21 of the Indian Constitution, " No person shall be deprived of his life or personal liberty except according to the procedure established by law.” Article 21 can only be claimed when a person is deprived of his “life” or “personal liberty” by the “Stat...

Rules for Corrections In Petition: Patna HC JASMINE SURI  BACKGROUND:  On Wednesday, a division bench of Patna High Court upheld the order of a single judge of the high court, the bench directed that if corrections are required in the body of the petitions/applications which are filed by a party e must be done either by filing a supplementary affidavit on earth or with the leave of the court in special circumstances. Rules for Corrections in the petition. The above observation was made by a single judge in the view of the fact that exchange in the position related to Ooh criminal antecedents of the petitioner, in that case, had been made in .the application even without the initials of the Counsel. The coordination committee of bar associations of lawyers of the Patna High Court impugned the above order through Senior Advocate Yogesh Chandra Verma and Advocate Anuj Kumar. CURRENT ISSUE (Rules for Corrections In Petition: Patna HC) : This st...

Can a 15-year old Muslim girl live with a person of her choice? NISHTHA SINGH  BACKGROUND : Marriage is culturally recognized as a union between people, that establishes the rights and obligations between them, their children, and between and their in-laws. The main question arising in this article is that can a 15-year old Muslim girl live with a person of her choice? According to Section 3 of the Indian Majority Act, 1875, a person domiciled in India who is under the age of eighteen years, is a minor. According to the Special Marriage Act, 1954 and the Prohibition of Child Marriage Act, the legal age of marriage for girls is 18 years and 21 years for boys in India. In Islam, marriage is a legal contract as well as a social agreement between a man and a woman. the marriage contract is signed in the presence of an Islamic judge, imam, or trusted community elder who is familiar with Islamic law. The process of signing the contract is usually a private affair,...