Skip to main content

Posts

Divorce law and procedure in India

Judicial reform on the way

Rajya Sabha has passed the bill for enhancing the pecuniary jurisdiction of Delhi District Courts to 2 crores.This is a key judicial reform.This will enable faster judicial decisions and lesser hassles for the litigants.

Industrial relations law on the anvil

The Government of India is planning to integrate the following three labor laws into an industrial relations law: Industrial disputes act Trade Union's Act Industrial employment standing orders act. This is a welcome development in the area of labor law reform.

Marital rape

The Supreme Court of India has held that marital rape is not a crime in India. The central government's stand is that unlike other countries marriage is sacrosanct in India. National commission for women has been arguing that there should not be any limit to women's freedom.

Freedom of speech and expression is saved by the Supreme Court of India

The Supreme Court of India has done its karma by striking down Sec.66A of the IT act as unconstitutional.It is after a long time that a blow has been struck for the Indian citizen who has been taken for granted for too long.In fact,the Indian Citizen has lived without freedom for so long that he/she does not really understand its meaning.

Power of the Supreme Court for doing justice is absolute

The power of the Supreme Court of India for doing justice is absolute and unqualified under Art 142 of the Constitution of India. Article 142 in The Constitution Of India 1949 142. Enforcement of decrees and orders of Supreme Court and unless as to discovery, etc ( 1 ) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe (2)  Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery

Amendment of Anti dowry law on the anvil for preventing misuse

The anti dowry law ,498 -A of the IPC is going to be amended by the Government of India in order to prevent rampant misuse of the law by disgruntled wives against their husbands and their families.The law is going to be made compoundable so that the warring parties can arrive at a settlement.

Organizational practices to avoid sexual harrassment at the work place

In order to avoid the incidence of sexual harrassment at the workplace,organizations can adopt the following practices and procedures: Formulate a policy for dealing with sexual harrassment at the workplace. Deploy a training program for training all the employees on avoiding sexual harrassment at the workplace. Have a grievance handling system in place.

National Judicial Accountability Act

The stage is set for a battle royal regarding the promulgation of the NJAC in the Supreme Court.While the AOR association has stressed the need of independence of the Judiciary,the Supreme Court Bar association has come out in favor of the NJAC.The stand of the SCBA is that the NJAC Act balance the judiciary,executive and the civil society.It will reduce the opacity that currently prevails in the collegium system of selection.

SC stays the application of accused under Sec.311 for recall of witnesses in Uber case

Sec.311 has been wrongly used by the accused in criminal cases to delay proceedings and to fill the lacuna in their cases.The accused in Uber case resorted to the same tactic by utilizing the excuse that his counsel had changed.The High Court of Delhi had allowed the recall of witnesses including the victim u/s 311. However the SC has stayed the HC order.