Legally Speaking

A civilisational approach to blasphemy

01 Jan 2021 03:52 AM IST

In the last piece, I had discussed in brief the nature of Section 295A of the IPC, also known as the Blasphemy provision, based on two judgements of the Supreme Court and one of the Calcutta High Court. While Courts have addressed the issue from the perspective of the law,

No legality attached to fatwa, it’s not binding: Delhi HC

31 Dec 2020 03:28 AM IST

Delhi High Court has made it abundantly clear that there cannot be any legality or validity attached to a fatwa issued by a maulvi especially in respect of ownership of immovable property. Such a declaration in form of fatwa would also not be binding on the third party.

Re-examining the evidentiary threshold standards vis-à-vis departmental, criminal proceedings

30 Dec 2020 04:08 AM IST

The primary consideration that one must keep in mind while analysing departmental and criminal proceedings, which are investigating the accused on the same set of facts and allegations, is that the two proceedings are completely independent of each other and follow different jurisprudence.

State needs to fix responsibility: Bombay High Court

29 Dec 2020 03:41 AM IST

It is really great, good and genuine that the Aurangabad Bench of Bombay High Court in Arun and Shailendra vs The State of Maharashtra and 4 others in Criminal Writ Petition No. 574 of 2013 delivered on December 1, 2020 has directed the State Government of Maharashtra to pay Rs.

Desist from undertaking two-finger test, avoid disclosing rape survivors’ identity: J&K HC to trial court

28 Dec 2020 04:38 AM IST

In a well-written, well-articulated, well-analysed and well-reasoned judgment titled State of J & K V/s Md. Imran Khan in SLA No. 38/2018 delivered as recently as on 24 December 2020, the Jammu and Kashmir High Court while reminding the mandate of Section 228A of the J&K Ranbir Penal Code directed

Law of inheritance: Property of male person dying intestate under personal laws

28 Dec 2020 04:35 AM IST

India is known for its archaic and ethnic diversity along with the ingredient of personal laws serving as a cherry on the top. The multi mosaic model of the country continued its peaceful existence until the challenge of succession emerged which owed its origin to religion and the customary practices.

An inglorious quota: NRIs and the islands of exclusion

26 Dec 2020 02:24 AM IST

If National Law Universities are to be considered islands of excellence, NRI quota is like providing sailing ship to the privileged class, while all others are swimming in the ocean of merit.

National Tribunal Commission: A disregarded constitutional necessity

25 Dec 2020 06:32 AM IST

The advent of Articles 323A and 323B into our Constitution through the 42nd amendment has successfully introduced tribunals into the justice delivery mechanism. Tribunals have taken to itself certain matters that previously vested with the lower courts and in appeal with the High Courts (“HC”). Tribunals are forums for seeking

Section 295A: The ‘Blasphemy’ Provision

25 Dec 2020 06:28 AM IST

It was contended on behalf of the petitioner that in order for Section 295A to pass muster on the anvils of Article 19(2), the only limb of the Article that could be relied upon was ‘in the interests of… public order’.

CONSTITUTION BENCH JUDGEMENTS: 2020

24 Dec 2020 06:13 AM IST

The Supreme Court of India has pronounced numerous Constitution Bench Judgements in the year 2020. In this write-up, the Constitution Bench Judgments pronounced in the year 2020 are briefly discussed. MUKESH V. STATE (NARCOTIC BRANCH OF DELHI), SPECIAL LEAVE PETITION (CRIMINAL) DIARY NO. 39528/2018 (DECIDED ON 31/08/2020) A Constitution Bench

Legal obligation in NSA detention cases must be discharged with great sense of responsibility: Orissa HC

23 Dec 2020 03:50 AM IST

This judgment leaves no room for doubt that the Orissa High Court has taken strong exception to illegal detention of petitioner detenu which is bad in law. It has therefore very rightly quashed the detention order by the state government while giving reasons for the same as stated above. The

Better to buy than compete?

22 Dec 2020 08:53 AM IST

Whether de-merger is the right solution or resorting to other remedies like compulsory licencing would be viable remains to be seen. However, in this process, one thing the authorities need to keep in mind is that the solution must cure the problem without compromising or disincentivising the innovation.