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𝑱𝑬𝑹𝑹𝒀 @jerrykalraoo7 𝑰𝑺 𝑩𝑨𝑪𝑲. 𝑯𝒆 𝒌𝒆𝒑𝒕 𝒉𝒊𝒔 𝒑𝒓𝒐𝒎𝒊𝒔𝒆 𝒂𝒏𝒅 𝒊𝒔 𝒓𝒆𝒃𝒐𝒓𝒏 𝒘𝒊𝒕𝒉 𝒏𝒆𝒘 𝒏𝒂𝒎𝒆 𝒂𝒏𝒅 𝒔𝒉𝒂𝒑𝒆.

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Sri Suchitra Kumar Singha Roy v. Smt. Arpita Singha Roy, FA 135/2014 While allowing an appeal for divorce preferred by an aggrieved husband, Court observed, "The respondent/wife, in our opinion, had no intention of living with the husband as would appear from the facts and circumstances of the case and respondent/wife deliberately made wild allegations against the husband and his relatives. Inference can be drawn that the wife had no intention to reside with the husband and her intention was to terminate the matrimonial relationship. Hence such acts of the respondent/wife, specially filing a criminal case and for which her husband and father-in-law languished in the custody amounts to cruelty so as to create an apprehension about life and, thus, it amounts to ground of divorce." #highcourt #supremecourt #lawyerslife #advocate #lawschoolmemes #thehindu #constitutionfacts #nlu #livelaw #lawsofindia #upsc #lawcollege #lawupdates #news #legalnews #vakil #ias #ips #constitution #india #llbexams #coronaupdates #coronavirus #barcouncilofindia #thehindu #covid-19 #pandemic #livelaw #lawsofindia #upsc #lawcollege #lawupdates #news. (at Smart City Faridabad) https://www.instagram.com/p/CDGSdVghAfA/?igshid=1mjwo3xn20lrt

|| PRATHYASA MENTAL HEALTH COUNSELLING FORUM vs. STATE OF KERALA || WP(C).No.11686 OF 2020 The bench of the Chief Justice S. Manikumar and Justice Shaji P. Chaly dismissed a PIL filed by "Prathyasa Mental Health Counselling forum". The forum had challenged a notification issued by the Transport Department, Government of Kerala relaxing the lock-down restrictions and permitting to carry passengers in all the seats available in the stage carriages. Responding to the query of the bench as to the maintainability of a public interest litigation by an unregistered body, the counsel for the petitioner relied on the judgment in Swaraj Abhiyan - (I) v. Union of India. However, the bench observed that there is no declaration of law under Article 141 of the Constitution of India, that any unregistered body can file a writ petition. The Court also examined some other judgments cited by the counsel in this regard. The Petitioner also sought to place reliance on Guruvayur Devaswom Managing Committee & Anr. v. C.K.Rajan (2003) 7 SCC 546, to contend that writ petition under Articles 32 and 226 of the Constitution of India can be filed by any person interested in the welfare of people, who is in an disadvantaged position. #highcourt #supremecourt #lawyerslife #advocate #lawschoolmemes #thehindu #constitutionfacts #nlu #livelaw #lawsofindia #upsc #lawcollege #lawupdates #news #legalnews #vakil #ias #ips #constitution #india #llbexams #coronaupdates #coronavirus #barcouncilofindia #thehindu #covid-19 #pandemic #livelaw #lawsofindia #upsc #lawcollege #lawupdates #news (at Smart City Faridabad) https://www.instagram.com/p/CB-ZQoJhJMS/?igshid=1w8z6pu461gjc

[Dharmesh Vasantrai Shah vs. Renuka Prakash Tiwari, WRIT PETITION NO. 2928 OF 2019] The Bombay High Court held that in case of an illegitimate child, mother is the natural guardian and father's claim comes after her as per Section 6 of the Hindu Minority and Guardianship Act. Justice SC Gupte was hearing an interim application in a writ petition filed by 26-year-old Dharmesh Shah who challenged the order of a Family Court in Pune wherein his application for custody of his 7-year-old son Omiraj Shah was rejected. Court cleared the way for Omiraj and his mother to travel to their home country of New Zealand. #highcourt #supremecourt #lawyerslife #advocate #lawschoolmemes #thehindu #constitutionfacts #nlu #livelaw #lawsofindia #upsc #lawcollege #lawupdates #news #legalnews #vakil #judiciary #parents #constitution #india #panchayatiraj #civilcourt #guardian #collector #bombayhighcourt (at Smart City Faridabad) https://www.instagram.com/p/CB8GMyCBNam/?igshid=11807ep834kdc

|| State of Maharashtra Vs. Yalappa Basappa Khot || Criminal Appeal No. 1021 of 2001 Justice SS Jadhav had pronounced the judgment in June. Court heard the State's challenge to a judgment of the Judicial Magistrate First Class wherein he had decided to impose a fine of Rs.1200 only on accused Yalappa as he had pleaded guilty. This order was passed on October 15, 2001. The Bombay High Court has held that even if the accused pleads guilty, Courts are not empowered to impose a sentence below the minimum sentence prescribed in the given act passed by the Legislature and allowed an appeal filed by the State government seeking enhancement of the fine amount of Rs.1200 imposed on one Yalappa Khot, for employing a 12 year old boy for weaving in his factory. #highcourt #supremecourt #lawyerslife #advocate #lawschoolmemes #thehindu #constitutionfacts #nlu #livelaw #lawsofindia #upsc #lawcollege #lawupdates #news #legalnews #vakil #ias #ips #constitution #india #llbexams #coronaupdates #coronavirus #barcouncilofindia #thehindu #covid-19 #pandemic #livelaw #lawsofindia #upsc #lawcollege #lawupdates #news (at Smart City Faridabad) https://www.instagram.com/p/CB4_8d3h4JA/?igshid=xgegdj67mqce

[M. Immanvuel Vs. The government of India and Ors., Writ Petition No. 8276 of 2020] The Madras High Court on Wednesday dismissed, with exemplary costs, a PIL contending that there is no provision in The Epidemic Diseases Act, 1897 or The Disaster Management Act, 2005 to impose a lockdown and therefore, the orders for the same, have been passed without any authority of law besides being arbitrary. The petition argued that the lockdown, as imposed by the government of India on March 24 for the first time, and as lastly extended on May 31, which continues to be in force in the state of Tamil Nadu, is unconstitutional in view of the restriction of movement of persons, gatherings of religious, social and political in nature and night curfew. It is urged that the lockdown is in Violation of Article 19 (b) (d), 21, 25 and 14 of The Constitution of India and further excessive of the National Disaster Management Biological Disasters Guidelines, 2008 and National Disaster Management Plan, 2019. #highcourt #supremecourt #lawyerslife #advocate #lawschoolmemes #thehindu #constitutionfacts #nlu #livelaw #lawsofindia #upsc #lawcollege #lawupdates #news #legalnews #vakil #ias #madrashighcourt #constitution #india #panchayatiraj #covid19 #lockdown #coronaupdates #coronavirus (at Smart City Faridabad) https://www.instagram.com/p/CB2-SGqhrQb/?igshid=1a33t2sxoq2oh

[ODISHA VIKASH PARISHAD Vs. UNION OF INDIA & ORS., Writ Petition(s)(Civil) No(s).571/2020] Modifying the absolute stay on conduct of Jagannath Rath Yatra in Odisha, the Supreme Court on Monday allowed the Rath Yatra at Puri, observing the strict restrictions and regulations of the Centre and the State Government. A bench headed by Chief Justice of India ordered that the Centre and State should "work in tandem". The following are some of the conditions : (1) All entry points into the City of Puri, i.e., airports, railway stations, bus stands, etc., shall be closed during the period of Rath Yatra festival. (2) The State Government shall impose a curfew in the City of Puri on all the days and during all the time when Rath Yatra chariots are taken in procession. The State Government may also impose curfew in the city of Puri on such other days and during such time as deemed necessary. During the period of curfew no one would be allowed to come out of their houses or their places of residence, such as, hotels, lodging houses, etc. To start with, the curfew shall begin tonight at 8 P.M. (3) Each Rath, i.e.., Chariot, shall be pulled by not more than 500 persons. Each of those 500 persons shall be tested for the Coronavirus. They shall be permitted to pull the chariot only if they have been found negative. The number 500 shall include officials and police personnel. (4) There shall be an interval of one hour between two chariots. (5) Each of those who is engaged in pulling the chariot shall maintain social distancing before, during and after the Rath Yatra. (6) We are informed that certain rituals are associated with the Rath Yatra. We direct that only such persons shall be associated with the rituals who have been found to have tested negative and shall maintain social distancing. #highcourt #supremecourt #lawyerslife #advocate #lawschoolmemes #thehindu #constitutionfacts #nlu #livelaw #lawsofindia #upsc #lawcollege #lawupdates #news #legalnews #vakil #ias #socialdistancing #constitution #india #coronaupdates #coronavirus #covid19 #rathyatra #jagannathpuri (at Smart City Faridabad) https://www.instagram.com/p/CB0jVvvhAun/?igshid=1a6ahid5juxgb

{SRI BHASKAR DAS VERSUS SMTI. RENU DAS} Case No. : Mat.App. 20/2019 In 2016, the Supreme Court also made similar observations while granting divorce to a husband who was forced to live separately from his parents. Normally, no husband would tolerate this and no son would like to be separated from his old parents and other family members, who are also dependent upon his income, the Court had said. The Gauhati High Court has granted divorce to a man on the ground that his wife compelled him to stay away from his step-mother. The bench comprising of the Chief Justice Ajai Lamba and Justice Soumitra Saikia noted that, under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, children (which includes the son) shall mandatorily be required to maintain parents (includes step-mother also) and senior citizens. While considering a Matrimonial Appeal [filed by husband whose divorce petition was dismissed by the District Court], the High Court noted that it has come in evidence that the step-mother has no personal source of income, and that she is a senior citizen. The Court also perused an agreement which was compelled to be executed at the behest of the wife prior to seeking pre-arrest bail by the husband and his family members. The condition was to live separately away from the family members of the husband and that none of the family members including the step-mother of the husband will be permitted to visit them. #highcourt #supremecourt #lawyerslife #advocate #lawschoolmemes #thehindu #constitutionfacts #nlu #livelaw #lawsofindia #upsc #lawcollege #lawupdates #news #legalnews #vakil #ias #ips #constitution #india #llbexams #coronaupdates #coronavirus #barcouncilofindia #thehindu #covid-19 #pandemic #livelaw #lawsofindia #upsc #lawcollege #lawupdates #news (at Faridabad) https://www.instagram.com/p/CBx9NB8hze0/?igshid=oxwp3coe3sxo

[UMEDSINH P CHAVDA Vs. UNION OF INDIA & ORS., Writ Petition(s)(Civil) No(s).346/2020] The Supreme Court on Thursday came down heavily on a social worker who had filed a plea seeking ban & prohibition on the sale and use of Coca Cola, Thums up and other soft drinks citing health concerns on their consumption. A bench of Justices DY Chandrachud, Hemant Gupta & Ajay Rastogi imposed a cost of Rs. 5 Lakh on the petitioner, observing that the petitioner, "lacked technical knowledge" on the subject and his assertions stood "unsubstantiated". "The petitioner claims to be a "social worker". The affidavit in support of the petition states that the contents of the petition are true to the knowledge and belief of the petitioner. The petition has been filed without the petitioner having any technical knowledge on the subject. The source of his assertions has not been substantiated. No justification or explanation is forthcoming during the submissions of Mr S P Singh, learned Senior Counsel on why two specific brands in particular are chosen to be the target of the proceedings" - Supreme Court Further to this, the bench stated that the plea had been filed for "extraneous" reasons, whereby, an invocation of the jurisdiction of Article 32 of the Constitution stood as an "abuse of the process". The Court noted that the recourse of Article 32 taken in the instant plea did not stronghold with bona fides requisite in a Public Interest Litigation. In light of this, the court justified that the imposition of exemplary costs became necessary, which were quantified at Rs. 5,00,000 on the petitioner. #highcourt #supremecourt #lawyerslife #advocate #lawschoolmemes #thehindu #constitutionfacts #nlu #livelaw #lawsofindia #upsc #lawcollege #lawupdates #news #legalnews #vakil #ias #ips #constitution #india #panchayatiraj #ban #thambsup #cocacola #softdrinks https://www.instagram.com/p/CBn2e-2hMsI/?igshid=ht11ms8b8gpm

Stating that PM CARES FUNDS is not a 'public authority' under Section 2(h) of the Right to Information Act, 2005, the Prime Minister's Office(PMO) has refused to divulge information sought in an application filed under the RTI Act. The RTI application was made by one Harsha Kandukuri on April 1, seeking information regarding the constitution of the Prime Minister's Citizen Assistance and Relief in Emergency Situations Fund (PM CARES Fund). Harsha, a student of LLM in Azim Premji University at Bengaluru, sought the copies of the trust deed of PM Cares Fund, and all Government Orders, Notifications and Circulars relating to its creation and operation. Disposing of the application on May 29, the Public Information Officer of PMO said ; "PM CARES Fund is not a public authority under the ambit of Section 2(h) of the RTI Act, 2005. However, relevant information in respect of PM CARES Fund may be seen on the website pmcares.gov.in" The copies of the trust deed, and the government orders/notifications relating to the PM CARES Fund are not seen uploaded in the official website of the fund. #highcourt #supremecourt #lawyerslife #advocate #lawschoolmemes #thehindu #constitutionfacts #nlu #livelaw #lawsofindia #upsc #lawcollege #lawupdates #news #legalnews #vakil #ias #ips #constitution #india #llbexams #coronaupdates #coronavirus #barcouncilofindia #thehindu #covid-19 #pandemic #livelaw #lawsofindia #upsc #lawcollege #lawupdates #news (at Faridabad) https://www.instagram.com/p/CBnzvC1hmJ3/?igshid=12st1h4q11xt1

Stating that PM CARES FUNDS is not a 'public authority' under Section 2(h) of the Right to Information Act, 2005, the Prime Minister's Office(PMO) has refused to divulge information sought in an application filed under the RTI Act. The RTI application was made by one Harsha Kandukuri on April 1, seeking information regarding the constitution of the Prime Minister's Citizen Assistance and Relief in Emergency Situations Fund (PM CARES Fund). Harsha, a student of LLM in Azim Premji University at Bengaluru, sought the copies of the trust deed of PM Cares Fund, and all Government Orders, Notifications and Circulars relating to its creation and operation. Disposing of the application on May 29, the Public Information Officer of PMO said ; "PM CARES Fund is not a public authority under the ambit of Section 2(h) of the RTI Act, 2005. However, relevant information in respect of PM CARES Fund may be seen on the website pmcares.gov.in" The copies of the trust deed, and the government orders/notifications relating to the PM CARES Fund are not seen uploaded in the official website of the fund. #highcourt #supremecourt #lawyerslife #advocate #lawschoolmemes #thehindu #constitutionfacts #nlu #livelaw #lawsofindia #upsc #lawcollege #lawupdates #news #legalnews #vakil #ias #ips #constitution #india #llbexams #coronaupdates #coronavirus #barcouncilofindia #thehindu #covid-19 #pandemic #livelaw #lawsofindia #upsc #lawcollege #lawupdates #news (at Faridabad) https://www.instagram.com/p/CBnzvC1hmJ3/?igshid=1cevsahayikd2

{Deepak Kumar & another versus state of Haryana & another} Marriage Solemnized under violations of age restrictions is legal and there is no bar to its registration. #highcourt #supremecourt #lawyerslife #advocate #lawschoolmemes #thehindu #constitutionfacts #nlu #livelaw #lawsofindia #upsc #lawcollege #lawupdates #news #legalnews #vakil #ias #ips #constitution #india #llbexams #coronaupdates #coronavirus #barcouncilofindia #thehindu #covid-19 #pandemic #livelaw #lawsofindia #upsc #lawcollege #lawupdates #news https://www.instagram.com/p/CBk2x8-BF3s/?igshid=ddwjhyfk63o0

[Babul Khan & Ors. Vs. State of Karnataka and anr., CRL.P. No. 6578/2019] While laying down elaborate guidelines for dealing with the detention of illegal migrants under the Foreigners Act, 1946, the Karnataka High Court said that illegal migrants sometimes impose pressure on citizens and pose a security threat to the nation. A bench of Justice K N Phaneendra observed : "India is a large country having its border with many countries.People in the sub-continent have a common history and share many similarities in physical looks. Due to various reasons including political or economical, inimical reasons, some people from neighboring countries may enter India. Maybe due to some cultural and ethnic similarities, on many occasions such migrants go unnoticed and they are almost willing and try to settle in our country. These illegal migrants sometimes pose a threat to national security, and infringe the rights of Indian Citizens." It added that "It should be borne in mind that now-a-days terrorism has become serious concern for most of the nations. Illegal migrants who enter Indian Territory with obvious motives to cause damage to national security are more vulnerable. It is also evident from various instances which happened in India, that some miscreants have recruited Indian citizens to their organizations for their wrongful gain, in turn to cause wrongful loss to Indian territory. We have very bitter examples of infiltrators inhuman acts in Jammu and Kashmir, Rohingyas in the State of Myanmar." "The retaining of the illegal migrants may be sometimes helpful to the country if they come to the country eking their livelihood and they are all from hardworking community. But, that does not mean to say that for that reason, they can be retained in India in violation of the various Acts and Rules of the Country", the Court said. #highcourt #supremecourt #lawyerslife #advocate #lawschoolmemes #thehindu #constitutionfacts #nlu #livelaw #lawsofindia #upsc #lawcollege #lawupdates #news #legalnews #vakil #ias #ips #constitution #india #llbexams #coronaupdates #coronavirus #barcouncilofindia #thehindu #covid-19 #pandemic #livelaw #lawsofindia #upsc #lawcollege #news (at Faridabad) https://www.instagram.com/p/CBh6TWahGS1/?igshid=1abkkes86c96a

[Anushree Goyal v. State of Madhya Pradesh & Ors., WP No. 7739/2020] The Madhya Pradesh High Court recently allowed a habeas corpus petition, which in effect pertained to the custody of a 2 year old boy, holding US citizenship. Emphasizing on the family law principle that "welfare of the child is of paramount importance", the bench of Justice SC Sharma examined the issue whether a Habeas Corpus petition is maintainable in respect of custody of a minor child and it held, "a writ petition for issuance of a writ in nature of Habeas Corpus under article 226 of the Constitution of India in the peculiar facts and circumstances of the case is certainly maintainable. Otherwise also, keeping in view the welfare of the child and other factors including interaction with the child, this court is of the opinion that the child has to be in the custody of mother." #highcourt #supremecourt #lawyerslife #advocate #lawschoolmemes #thehindu #constitutionfacts #nlu #livelaw #lawsofindia #upsc #lawcollege #lawupdates #news #legalnews #vakil #ias #ips #constitution #guardian #panchayatiraj #childrights #habeascorpus #collector #writ #highcourt #supremecourt #lawyerslife #advocate (at Faridabad) https://www.instagram.com/p/CBfzAqRBnvN/?igshid=kx1mz1msby4u

Shubham Singh v. State of Punjab Case No.: Crm-M No. 6558/2020 If a mobile phone number is used for commission of an offence, its registered owner cannot shirk off his liability by simply claiming that the phone was used by someone else, the court held A single-Judge bench comprising of Justice Harsimran Singh Sethi clarified that the registered mobile phone owner is predisposed to explain the court as to how his phone was used by someone else/ for commission of an offence. "Once the mobile phone, which has been used in the commission of the offence, is registered in the name of the petitioner and the said number has been issued after the bio-metric verification of KYC of the petitioner, it is the petitioner, who has to explain as to how the said number was used for the commission of the offence," the bench said. The court also observed that the accused had not specifically denied that he was not using the said mobile number. The observation was made while the court was hearing of a pre-arrest bail application, whereby it was asserted that the accused had been unnecessarily roped in the FIR registered under Section 420 of IPC and Section 66 of the IT Act. The court observed that there the mobile phone was yet to be recovered and as such, the accused was required for custodial interrogation. It thus rejected the pre-arrest bail plea and said, "Once the recovery of the phone is to be effected, the custodial interrogation of the petitioner is necessary so as to find out as to whether petitioner is also involved in any other cases of the similar nature or not. No ground is made out to allow the petitioner the benefit of pre-arrest bail, hence the prayer is declined and the petition is dismissed." #thehindu #maritalrape #nlu #livelaw #lawsofindia #upsc #lawcollege #lawupdates #news #legalnews #vakil #ias #lawschool #lawyers #legalgk #lawschoolmemes #highcourt #supremecourt #lawyerslife #advocate #ips #constitution #india #panchayatiraj #civilcourt #petition #collector #districtcourt. (at Faridabad) https://www.instagram.com/p/CBTAILXhnHT/?igshid=fdxxsev27cwh

Fresh filing of non-urgent matters now open, also w.e.f. 15.06.2020 in Faridabad Sessions Division. #highcourt #supremecourt #lawyerslife #advocate #lawschoolmemes #thehindu #constitutionfacts #nlu #livelaw #lawsofindia #upsc #lawcollege #lawupdates #news #legalnews #vakil #ias #ips #constitution #india #llbexams #coronaupdates #coronavirus #barcouncilofindia #thehindu #covid-19 #pandemic #livelaw #lawsofindia #upsc #lawcollege #lawupdates #news (at Faridabad) https://www.instagram.com/p/CBS8zRwBX5U/?igshid=14rwage6ybrcn

Press release of 09.06.2020 1. Final year students of 3 Years LL.B and 5 Years LL.B courses may be allowed to appear for online examinations. 2. Alternatively, for Final year LL.B students as mentioned above, the Universities may adopt any other appropriate method which they feel is adequate to satisfy the requirements of regular examination. Under this system the University may allow students to write a project report/research paper for each paper of final year or they may adopt a full proof method to double the internal marks of the semester exams already held for such year. 3. In case of Final Year LL.B students, who have not cleared all papers of previous years and are required to sit in the supplementary examination, but, who have been promoted to final year, such Final year LL.B students may be allowed to write a project report or appear in online examination with regard to the pending/supplementary papers, so that they could also pass within time. 4. All Students, except Final year students, will be promoted on the basis of performance of previous year’s marks and marks obtained in the internal examination of the current year. However, it is clarified that after reopening of the colleges/Universities, the Universities shall conduct the end semester examination with respect to the year from which they have been promoted, within a reasonable period of time, though, such promoted students shall continue to study in the year to which they have been promoted, and in case, they are unable to pass/clear any such paper of such end semester exam of the year from which they have been promoted, they shall have to clear the same, before they are granted the degree. In the case of students who have been promoted to the final year as LL.B students, they shall have to pass all papers in order to obtain their degree. #highcourt #supremecourt #lawyerslife #advocate #lawschoolmemes #thehindu #constitutionfacts #nlu #livelaw #lawsofindia #upsc #lawcollege #lawupdates #news #legalnews #vakil #ias #ips #constitution #india #llbexams #coronaupdates #coronavirus #barcouncilofindia #thehindu #covid-19 #pandemic #livelaw #lawsofindia #upsc #lawcollege #lawupdates #news (at Faridabad) https://www.instagram.com/p/CBSUdJUhZLU/?igshid=hsgomo7harrn

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