Author Archives: admin

Supreme Court criticizes casual approach by Gujarat High Court in rape survivor’s plea to terminate pregnancy

The Supreme Court, in a special Saturday sitting, objected to the Gujarat High Court’s handling of a case where a 26-week pregnant rape survivor sought termination of her pregnancy. [XYZ vs the State of Gujarat] A bench of Justices BV Nagarathna and Ujjal Bhuyan noted that a lot of time had been lost with the […]

How Section 69 of the Bharatiya Nyaya Sanhita proposes to criminalise sex on false promise of marriage

While the Bhartiya Nyaya Sanhita (BNS) aims to overhaul the colonial-era Indian Penal Code (IPC), “sex on false promise of marriage” has been criminalised for the first time. Although the intent seems to be a novel one, it needs more clarity to avoid confusion. Here, we examine the similarities between Section 69 of the BNS, […]

Jammu & Kashmir High Court upholds life term of grandfather who raped his 1-year-old granddaughter; says no improvement after Nirbhaya

The High Court of Jammu & Kashmir and Ladakh recently upheld the conviction and life imprisonment awarded to a man for the rape his one-year-old granddaughter in 2011 [Bodh Raj V/s State of Jammu and Kashmir & Ors]. The case also led Justices Sanjay Dhar and Rajesh Sekhri to express anguish that respect for women is on a steep decline. Nothing […]

Legal heir certificate for adopted child cannot be granted without valid adoption or supporting documents: Kerala High Court

The Kerala High Court recently held that a legal heirship certificate cannot be granted to an adopted person in the absence of valid documents that prove the adoption [Prameela L v State of Kerala & Ors.]. A division bench consisting of Justices Alexander Thomas and C Jayachandran passed this order while considering a plea moved by a woman (petitioner) challenging […]

Overview of Fundamental Rights in India

Author- Drishti Bhanushali Fundamental Rights are the core principles that ensure the protection of individual liberties, equality, and human dignity. They are inherent to all individuals, irrespective of their race, religion, gender, or social status. These rights provide a strong foundation for a just and inclusive society and play a vital role in upholding the […]

The Acquisition of land and disposal of property under the MHADA Act

author- Sailee Kale   The Maharashtra Housing and Area Development Authority Act plays a vital role in the development and maintenance of housing and infrastructure on the state of Maharashtra, India. Among its many responsibilities, the Act governs the acquisition of land and the disposal of property for various developmental projects. This article delves into […]

Article 14 of the Constitution applies to non-citizens too: Bombay High Court Goa Bench

The Goa bench of the Bombay High Court recently observe that article 14 of the Constitution, which provides for equality before law, applies not only to citizens but also to ‘non-citizens’ in India [Olga Rosnina vs the Foreigners Regional Registration Office]. A division bench of Justices Mahesh Sonak and Bharat Deshpande made the observation while ordering the authorities not […]

Indian Maintenance Act: Ensuring Financial Security and Social Welfare

Author: Sailee Kale   The Indian Maintenance Act is a significant legal provision that seeks to ensure financial security and social welfare for individuals who are unable to support themselves. Enacted to address the needs of dependents and neglected family members, this act establishes a framework for seeking maintenance from family members who have an […]

Wife leaving matrimonial house with traditional marriage ornaments cannot be booked for cheating: Calcutta High Court

The Calcutta High Court recently quashed a cheating and fraud case against a woman, whose husband accused her of taking away valuable ornaments and cell phone [Mithu Dash @ Bhuiya vs State of Maharashtra]. Single-judge Justice Shampa Dutt (Paul) noted that the petitioner-woman was married to the complainant-man since last 29 years and left her matrimonial house after […]

Bombay High Court voices concern over rise in trend of women misusing Domestic Violence Act

The Bombay High Court recently voiced its concern over the trend of estranged wives misusing the provisions of the Protection of Women from Domestic Violence Act to harass their husband and his family members including distant relatives (DV Act) [Dhananjay Mohan Zombade vs Prachi Dhananjay Zombade]. Single-judge Justice RM Joshi quashed proceedings under the Act against a woman’s […]