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Judgments and Orders

Case filed against activist Rehana Fathima for posting a social media video of her kids painting her semi clad

 29 June 2020

The activist on Friday moved the Kerala High Court seeking anticipatory bail and has alleged that the complaint against her was because of religious and political rivalry and also added that her actions were part of the freedom of an individual. ..

Posted in Others |   881 hits

Whether a person who is not a Malayali Brahmin may be appointed as a temple priest in a Siva temple in Kerala

 27 June 2020

Upon hearing the parties to the case, the Court held that, any person who has vivid knowledge about the vedas and all other sacred documents and sufficient experience can become a priest. Further caste/community cannot be a criterion to decide his e..

Posted in Others 1 comments |   2595 hits

Whether section 497 of IPC and section 198 of CrPC stands constitutionally valid

 27 June 2020

Upon hearing the parties to the case, the Court held that, a prima facie sex based discrimination is made out under section 497 IPC therefore it is liable to be struck down as unconstitutional. Further, the Court clarified that, inclusion of woman a..

Posted in Constitutional Law |   1004 hits

Whether clauses 1 and 2 to section 198 of CrPC stands constitutionally valid

 27 June 2020

Upon hearing the parties, the Court held that, the intent behind such provisions is only to promote “social good” in a matrimonial tie. Instead of suing each other on the grounds of adultery the couple can either break the matrimonial tie forever or..

Posted in Constitutional Law |   1122 hits

Whether the respondent University fall within the ambit of State under Article 12 of the Indian Constitution

 27 June 2020

Upon hearing the parties the Court held that, it would not be proper to direct the appellants at this stage to approach the Tribunal to get the case decided on merits, therefore the Court sent back the case to the Division Bench to decide the case on..

Posted in Constitutional Law |   1217 hits

Whether sections 175(1)(q) and 177(1) of the Haryana Panchayati Raj Act, 1994 stands constitutionally valid

 27 June 2020

Upon hearing the parties to the case, the Court held that, sections 175(1)(q) and 177(1) of the Haryana Panchayati Raj Act, 1994 are constitutionally valid, therefore the petitions which challenged the validity of the said provisions are liable to be..

Posted in Constitutional Law |   2351 hits

Appeal was allowed, and the court agreed to accept defense in the appeal stage

 27 June 2020

The court observed that right to life also includes the right to livelihood. “The sweep of the right to life conferred by Art. 21 is wide and far-reaching... That, which alone makes it possible to live, leave aside what makes life liveable, must be d..

Posted in Others |   1238 hits

Right to life does not include Right to die

 27 June 2020

The five-judge Constitutional Bench had held that “Right to Life” under Article 21 of Indian Constitution does not include the “Right to Die” or “right to be killed”. ..

Posted in Others |   1313 hits

Kerala animals and bird sacrifices prohibition act, 1968: Constitutionally valid

 27 June 2020

The court did acknowledge the fact the, the permitting of other religions to sacrifice does case discrimination, but with regard to the same petitioners stated that such an argument was not prioritized by them...

Posted in Constitutional Law |   848 hits

Can a person be imprisoned on the ground that he did not discharge his contractual liability

 26 June 2020

The Court held that the International Law that the remedy for breach of International Law can’t be found in Municipal Courts. The reason behind this is that for enforceability of international law it must first take the form of Municipal Law. It was ..

Posted in Others |   4968 hits

The Habeas Corpus Case

 26 June 2020

The court by a majority of 4 to 1 held that in light of the presidential, no person has the right to make an application under Article 226 of the constitution in superior court for habeas corpus or any other order that contest the lawfulness of an ar..

Posted in Others |   1150 hits

Collateral agreement with the object of wagering cannot be declared to be void

 26 June 2020

In the present case, the parties had no intention to take delivery of the goods but were only dealing with price differences such that they mutually intended the transaction to be of wagering nature. Although wagers are void u/s 30 of ICA but cannot ..

Posted in Others |   874 hits

Gift deed set aside as it lacked the free consent of the executor

 26 June 2020

Where a fiduciary or quasi fiduciary relationship has been established, the burden of sustaining the transaction is set upon the party which is going to benefit from it to show that the transaction was of an unobjectionable nature as per s111 of the ..

Posted in Others |   1658 hits

The party alleging impotency has to prove it for all material time- from the time of marriage till institution of proceedings

 26 June 2020

The Division bench of the High Court observed that a party will be in law deemed to be impotent, if he/she is incapable of consummation due to partial or imperfect intercourse. The party alleging impotency has the burden to prove that the husband was..

Posted in Family Law |   1528 hits

Validity of an age-old practice of not allowing women who range between 10 to 50 years into the temple of Lord Ayyappa in Sabarimala

 26 June 2020

Upon hearing the parties to the case, the Court held that, the exclusionary practice is violative of fundamental rights under Articles 14,15, 17 and 25. Further, the Court went on to say that, Exclusionary practices are contrary to constitutional mor..

Posted in Others |   653 hits

Whether a mentally retarded person has sufficient mental capacity to decide if she can carry forward her pregnancy

 26 June 2020

Upon hearing the parties to the case, the Court held that, the victim’s pregnancy may not be terminated without her consent as it may not be in her best interest. However, considering her mental health which may be affected due to the biological cha..

Posted in Family Law |   1108 hits

The Supreme Court held that a fundamental right to privacy is guaranteed under the Constitution of India

 26 June 2020

The nine-judge bench of the Supreme Court unanimously recognized that the Constitution guaranteed the right to privacy as an intrinsic part of the right to life and personal liberty under Article 21. The Court overruled M.P. Sharma, and Kharak Singh ..

Posted in Constitutional Law |   1219 hits

The Apex Court invalidated Sec.66A of the Information and Technology Act, 2000 in its entirety

 26 June 2020

The Court invalidated Section 66A of IT Act in its entirety as it violated the right to freedom of expression guaranteed under Article 19(1)(a) of the Constitution of India...

Posted in Others 1 comments |   1005 hits

Plaintiff entitled to claim the reward as the open offer was duly accepted

 25 June 2020

In the opinion of the court, the Plaintiff had substantially fulfilled the terms of the contract. There was an open offer to the whole world on behalf of the Defendant through the handbill and was also capable of getting an acceptance from any person..

Posted in Others |   6185 hits

Petition dismissed, Ratlam Court had the jurisdiction to entertain the suit

 25 June 2020

The Court held that the Contracts over the telephone are treated similar in principle to those contracted by the parties in the physical presence of one other. An oral offer is made and an oral acceptance is to be completed in both cases. It is essen..

Posted in Constitutional Law |   1626 hits