Muslim Woman Has The Right To Invoke Extra-Judicial Divorce: Kerala High Court, Overrules About Half-Century Old Precedent
In this case, the Kerala High Court Overruled a 49-year-old judgment that effectively barred Muslim women from resorting to extra judicial modes of dissolving marriage.
The different modes are: Talaq-e-tafwiz, where the wife can dissolve the marriage if her husband fails to keep his end of the marriage contract, Khula, where a wife can unilaterally divorce her husband by returning his dower, Mubara'at, dissolution by mutual consent, and Faskh, dissolution with the intervention of a third person such as a qazi. The HC held that all other forms of extra-judicial divorce as referred in Section 2 of the Shariat Act are thus available to a Muslim women.
Apex Court Issues Notice In PIL Seeking Establishment Of Transgender Welfare Board in order to Investigate Gross Abuse Against Trans Persons By Police
On Monday, the Apex Court issued notice in a PIL seeking establishment of the Transgender Welfare Board to address social welfare issues of a Trans persons and to appoint a Standing Committee in order to investigate reports of abuse against Trans person by the police officials.
The PIL highlighted the suffering and harassment that Trans people have to go through in matters of housing, health, education and employment, thereby depriving them of social and cultural participation in society at large which further deprive them of the Constitutional guarantee of equality before law and equal protection from laws.
Karnataka HC Issues Notice on PIL To Stop Publication Of Obscene Visuals By Media
On Monday, Kanataka HC, directed the State Government to respond to a public interest litigation filed seeking directions to frame statutory rules to prevent publishing of indecent, obscene, violent, sexual video, audio and images and its graphic effects by media houses and to make any such publication as cognizable offence.
The PIL has been filed in the backdrop of the Ramesh Jarkiholi CD scandal, in which certain news channels telecasted visuals allegedly involving a State Minister. The petitioner claims the Cable TV (Regulation) Act-1995 has no such provision or scheme to prevent such mischievous publications byMedia Houses. The main area of focus in the plea was that the media cannot decide who has to be the accused and who has to be the victim and also who has to investigate the case. Hence there has to be regulations and the media houses are to be prevented from publishing such clips in the news to meet the public peace, tranquility and order at large.
Blood Test Not Necessary For Insurer to Reject Claim on Ground of Intoxicated Driving: Supreme Court
On Monday, the Apex Court held that lack of scientific material in the form of blood tests or breath analyzer results will not preclude insurer from establishing a case for exclusion from liability under the contract on the ground of intoxication.
This is a consumer case against IFFCO Tokio General Insurance Company by Pearl Beverages whose car had met with an accident in November 2007. After hearing the contentions the Apex Court concluded that the accident was caused due to the drunk driving and set aside the NCDRC order which stated that the insurance company could not invoke the Exclusion Clause in the contract on the ground that there was no material to establish that the driver of the vehicle was under the influence of intoxicating liquor.
Making allegation against political leaders even if untrue not offence under 505 IPC: HC quashes FIRs against Sambit Patra
Today, the Chhattisgarh High Court quashed First Information Reports (FIRs) registered against BJP Spokesperson Sambit Patra for his tweets on former Prime Ministers of India Jawaharlal Nehru and Rajiv Gandhi. The Single Judge Bench of Justice Sanjay K Agrawal held while the contents of the tweets might be untrue, it was not of such nature that could any community to commit an offence against another.
Taking a look into the events of the case, Patra took to Twitter to blame Nehru for the conflict in Jammu & Kashmir and accusing Rajiv Gandhi for playing a role in the Bofors Scandal and the killing of 3,000 Sikhs. In the FIR, Section 298 IPC was also invoked alongside, Section 505, Section 499, and Section 500. The HC quashed stating, “There was no intention on the part of the petitioner herein to promote class/community hatred and no attempt was made by the petitioner to incite the people belonging to a community to indulge in any violence.”