Legally Speaking

SHARED HOUSEHOLD: PINNACLE OF A STRUCTURE BUILT ON MYRIAD PROPS

27 Apr 2021 02:42 AM IST

‘Married women can claim the right of residence under the Domestic Violence Act even if the house is owned by her in-laws.’

SECTION 207 CR.P.C: A MYTH OR A PRACTICE IN OUR TRIAL COURTS?

26 Apr 2021 03:46 AM IST

Right to fair trial is the fundamental right of an accused guaranteed under Article 21 of the Indian Constitution. In Husainara Khatoon etc. the Apex Court has held that a fair trial is the most important aspect of the criminal justice system which should not be compromised at any cost.

WHY THIS RAW DISCRIMINATION IN LEGAL FIELD IN INDIA?

24 Apr 2021 02:57 AM IST

“The discrimination begins even before one enters law school. Most of the top law schools, which offer the five-year integrated law course, conduct admissions through a competitive test which is only in English, besides English also being a separate component of testing. The effect of this is that only the

KASHI VISHWANATH VS GYANVAPI MOSQUE: RESOLVING BATTLES OVER ‘SACRED SPACES’

24 Apr 2021 02:54 AM IST

A glimmer of hope has arisen towards the beginning of a resolution of the centuries-old Kashi Vishwanath Temple-Gyanvapi Mosque dispute. Recently, a district court in Varanasi has directed the Archaeological Survey of India (ASI) to constitute a five-member committee to conduct “a comprehensive archaeological survey” of the disputed site in

ADVOCATES ENTITLED TO APPEAR IN MAINTENANCE TRIBUNALS; BAR ON LEGAL REPRESENTATION UNCONSTITUTIONAL: KERALA HIGH COURT

23 Apr 2021 02:04 AM IST

In a groundbreaking judgment which is also a grand victory for advocates, the Kerala High Court has just recently on March 30, 2021 in a latest, learned, laudable and landmark judgment titled Adv KG Suresh vs The Union of India and 3 others in WP(C)No. 21946 of 2011(S) has declared

Women can’t be denied employment by saying work involves night hours, says Kerala High Court

22 Apr 2021 04:14 AM IST

In a progressive, peculiar, penetrating and path-breaking judgment titled Treasa Josfine vs State of Kerala in WP (C). No. 25092 of 2020 (J) delivered on 9 April, 2021, the Kerala High Court observed most rightly, remarkably and reasonably that a woman who is fully qualified cannot be denied of her

Conclusiveness of a judgement: A good weapon in defence

22 Apr 2021 04:11 AM IST

The principle of res judicata is based on the need of giving a finality to judicial decisions. What it says is that once a res is judicata, it shall not be adjudged again. Primarily, it applies as between past litigation and future litigation. When a matter — whether on a

The anomaly in Afcons Infrastructure case

21 Apr 2021 07:13 AM IST

Is Section 89 of CPC, 1908 really an attempt to put a cart before the horse? Can the clash between Section 89 of CPC and Section 73 of ‘The Arbitration And Conciliation Act,1996’ be resolved ? The Arbitration Act, 1940 was replaced by the Arbitration and Conciliation Act, 1996. The

Analysing WhatsApp privacy policy through the lens of Competition Law

20 Apr 2021 03:15 AM IST

In January this year, WhatsApp announced its revised privacy policy that would impact the user interactions with business accounts, including those which may be using Facebook’s hosting services. Will this be in contravention of abuse of dominance under Section 4 of the Competition Act?

ADDITIONAL DISTRICT JUDGE HAS JURISDICTION TO ENTERTAIN A PETITION FILED UNDER SECTION 34 OF ARBITRATION AND CONCILIATION ACT: KERALA HC

19 Apr 2021 02:35 AM IST

While setting all the speculation to rest on whether an Additional District Judge has jurisdiction under Section 34 of the Arbitration and Conciliation Act, 1996 or not, the Kerala High Court has just recently on 9 April 2021 in a latest, learned, laudable and landmark judgment titled Kasim VK vs

MORE AMMUNITION IN HANDS OF ARMED FORCES: PAKISTAN’S NEW LAW CURBS RIGHT TO FREE SPEECH

17 Apr 2021 03:30 AM IST

An experiment that has completely failed, the vision of great leaders is futile for the nation for which it was separated from India. Once it was dreamt that nation would be on parity with its big brother India but the present picture is devastating. The nation is harbouring death squads,

Specious jury of social media

16 Apr 2021 06:56 AM IST

Our generation has got a new instrument in its hands: The instrument goes by many names and gets a new name every few years. That instrument drives its life from the majestic power of the Internet, and it has no brain of its own; it works as per the command