Legal Sarcasm

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...

Sudha Bharadwaj, Arun Ferrieira and Vernon Gonslaves Bail Denied BY- JAHNVI SRIVASTAVA BACKGROUND Sudha Bharadwaj, Arun Ferrieira and Vernon Gonslaves have been arrested by the Police under the provisions of the Indian Penal Code and Unlawful Activities (Prevention) Act after the case was lodged against them in August last year. Pune police filed a charge sheet At UAPA against 5 persons including the above accused. The allegations of police were that all of them had some links with Maoists ( Naxal group Communist Party of India ) and they were planning to overthrow the current government. Further, it was alleged that it could lead to a war-like situation. Their plea in Pune was rejected by a special judge in October last year hence they decided to move to Bombay HC for relief. On October 1 the pleadings began, from the police side the Additional Public Prosecutor (APP) firstly opposed the bail plea and further claimed that both the accused were involved in the rec...

Calling a woman "call-girl" will not attract offence of abetment of suicide -TANISHA SHARMA BACKGROUND Section 306 under Indian Penal Code, 1860- If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Hence, Section 306 of Indian Penal Code deals penalizes ‘abetment of suicide’ while section 309 deals with ‘attempt to commit suicide’. Abetment generally means to instigate a person to do or abstain from doing an act in a certain way. Mens rea or guilty mind is an important element as it is considered as a pre-condition for a liability to be held in an offence of abetment. An abettor is a person who abets an offense. The word suicide is nowhere mentioned in the IPC, however, it’s a well-known word itself. ‘Sui’ means self and ‘cide’ means killing, thus insinuating an act of self-killing.  ...

PEHLU KHAN LYNCHING CASE: RAJASTHAN GOVERNMENT MOVES HC AGAINST ACQUITTAL - SUKRITI VERMA BACKGROUND : An appeal has been filed by the Rajasthan Government in the High Court against the acquittal of the six accused who were prosecuted for the Pehlu Khan lynching case . In Alwar's lynching case included the attack on and the murder of a dairy farmer, Pehlu Khan. On 1 st April 2017, Pehlu Khan was returning from Jaipur to his village Nuh which is a district in Haryana. He was returning to the village after buying some cattle but was stopped by 200 cow vigilantes. Though Pehlu Khan and his son showed all the documents which said that the cattle were only for dairy farming but, in spite of that Pehlu Khan was allegedly beaten by the vigilantes and due to the injuries he died. There were his sons and some more people who accompanied Pehlu Khan and were also beaten by those cow vigilantes but they survived because of fewer injuries. The Supreme Cour...

DELHI HC UPHOLDS ACQUITTAL OF RAPE ACCUSED -Deepakshi Bhalla BACKGROUND Section 375 of the Indian Penal Code defines the heinous offense of Rape . According to this section- A man is said to commit "rape" who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions:- (Firstly) - Against her will. (Secondly) - Without her consent. (Thirdly) - With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt. (Fourthly) - With her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married. (Fifthly) - With her consent, when at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him p...

MAHUA MOITRA’S DEFAMATION CASE ISHA TRIPATHI  BACKGROUND: On Thursday The Delhi High Court has set aside the order staying proceedings in the Mahua Moitra's defamation case filed by Trinamool Congress (TMC) MP Mahua Moitra against Zee News chief editor Sudhir Chaudhary. The case was filed in connection with a show on Mahua Moitra’s 25 June speech in the Parliament. Justice Brijesh Sethi has set aside the 25 September decision of the sessions court which had put on hold the defamation proceedings against the channel going on before a magisterial court. The TMC leader approached the high court on 10 October after the sessions court accepted Chaudhary’s plea to stay defamation proceedings . Mahua Moitra in her plea before the high court, Moitra contended that the sessions court ought not to have intervened in the proceedings when it was at the pre-summoning stage. CURRENT ISSUE ( MAHUA MOITRA’S DEFAMATION CASE) During the proceedings, Chaudhary...

SC UPHOLDS RULE OF ACCELERATED PROMOTION QUOTA BY- SNEHA CHAUHAN BACKGROUND Joint Entrance Examination (JEE) is an engineering entrance examination held for the admission to various engineering colleges in India. It is done by two different examinations - JEE Main and the JEE Advanced. The exams are of the objective pattern. JEE Advanced is considered internationally as one of the most challenging undergraduate admission tests. CURRENT ISSUE The Supreme Court has sustained a service Rule of granting Accelerated Promotion Quota on the basis of higher educational qualifications. The court was agitated with the promotion quota applicable to the Irrigation Department cadre of the Uttarakhand State and also for the promotion of the post of Assistant Engineer from the post of Junior Engineer. It develops out a provision for accelerated promotion to the level of 7.33%, of a Degree in Civil Engineering that is the JEE’s a more advanced qualification in t...

PURCHASER OF GOODS IS A CONSUMER IF HE USES THEM FOR EARNING LIVELIHOOD -VIDHI GUPTA BACKGROUND: The case where the supreme court had reiterated that if the commercial use of goods is by the purchaser himself for the purpose of earning his livelihood by means of self-employment, such purchaser of goods is a consumer ; was SUNIL KOHLI V. M/S PUREARTH INFRASTRUCUTRE Ltd. In this complaint, the complainants had said that they wanted to dispose of the property in Denmark and wanted to shift to Delhi to start a business and for this purpose, the premises in question were booked. READ ALSO:  HC asks centre, to file counter in PIL seeking linking Aadhaar with property The bench comprising of Justice Uday Umesh Lalit,  Justice Indira Banerjee and Justice MR Shah considered the appeal against the order of National Consumer Commission which had priory dismissed a complaint on the ground of maintainability. CASE FACTS: The complainants ...

HC asks centre, to file counter in PIL seeking linking Aadhaar with property -Mansi Pandey Background UIDAI: The unique identification authority of India is a statutory authority established under the provision of aadhaar on 12 July 2016 by the government of India under the ministry of electronics and information technology. The unique identification authority of India was formed to issue UID which is a unique identification number named as aadhar to all the residents of India. Benami transaction : the term Benami transaction is defined under section 2(9) of the prohibition of Benami property transaction act 1988 (PBPT)act. Benami transaction is a transaction with respect to a property carried out or made in an imaginary name or where the owner of that property is not aware or denies to have knowledge of that property which is not traceable such type of ownership belongs to Benami property. The property with a fictitious name will be called Benami proper...

CBI court seeks Chidambaram’s production in ED’s plea for custody NITISH SHUKLA  BACKGROUND The INX Media case is an on-going high-profile money-laundering investigation in India. It involves an allegation of irregularities in foreign exchange clearances given to INX Media group for receiving overseas investment in 2007. And P. Chidambaram was the finance minister of that time. The INX Media Group which is now called 9X group, founded by Indrani Mukerjea along with husband Peter Mukerjea, allegedly violated foreign investment laws. INX Media had permission to source foreign investments to the limit of ₹4.62 crores but it has allegedly received funds worth ₹305 crores. CURRENT ISSUE (CBI court seeks Chidambaram’s production in ED’s plea for custody) The Enforcement Directorate (ED) on Friday moved a Delhi court seeking custodial interrogation of senior Congress leader and former finance minister P Chidambaram in the INX Media money laundering case. Chida...