Lawmen Legum Lawfirm

26/11/2020

Fundamental duties

11/08/2020

The ugly truth about Indian divorce: Why the new cabinet law is important
The end of even the worst marriage usually spells disaster for the average Indian woman. The reason are our lopsided divorce laws, but will changing the law make any difference?

10/08/2020

अभिनेता सुशांत सिंह राजपूत की मौत के मामले में जांच का सामना कर रही अभिनेत्री रिया चक्रवर्ती ने सुप्रीम कोर्ट में कहा है कि राजनीतिक कारणों से सुशांत की मौत को तूल दिया जा रहा है। रिया ने कोर्ट से संरक्षण की गुहार लगाते हुए कहा है उसे 'राजनीतिक एजेंडे के लिए बलि का बकरा न बनाया जाए।'

रिया ने यह भी कहा है कि बिहार पुलिस को मामले की जांच करने का कानूनन अधिकार नहीं है ऐसे में वह जांच सीबीआइ को कैसे दे सौंप सकती है। रिया ने कहा कि अगर सुप्रीम कोर्ट मामले की जांच सीबीआइ को देता है तो उसे कोई आपत्ति नहीं है लेकिन उसमें भी मामले का क्षेत्राधिकार मुंबई का होगा, न कि पटना। रिया ने ये बातें सोमवार को सुप्रीम कोर्ट में दाखिल किए गए हलफनामे में कही हैं।

12/03/2019

05/12/2018

Definitely, It shall be stopped

24/03/2018

Contempt against woman lawyer for derogatory remarks : Supreme Court

The Supreme Court today initiated contempt proceedings against a woman lawyer for using “derogatory remarks against the court” despite warnings.

The top court said that despite being warned of her conduct, “she persisted and dared the court to take action against her”.

The heated arguments took place when a bench of Justices Adarsh Goel, U U Lalit and R F Nariman, which was hearing a service matter, was informed by senior advocate A K Sanghi, appearing for Union of India, that the matter will take some time.

The bench told advocate Nisha Priya Bhatia, appearing for the respondents, that the matter cannot be taken up today as composition of the bench was only for today and some part-heard matters had to be given preference.

Bhatia then raised her voice and used “derogatory remarks against the court”.

To this, Justice Nariman warned her saying she was crossing her limit.

But Bhatia persisted, kept shouting and dared the bench to take contempt action against her. She left the court shouting at the bench.

Justice Nariman said this was the second time before his bench that she had shouted.

“This is the second time she has done such a thing and this time we cannot allow her to get away like this,” the bench said.

“In our view, her conduct amounts to contempt in the face of the court. However, instead of straightway punishing her for contempt, we deem it appropriate to issue notice. Ordered accordingly,” the bench noted in its order along with the sequence of events.

It asked Bhatia to file a detailed affidavit explaining her conduct within two weeks from the date of receipt of notice.

The bench also recused from hearing the case as well as the contempt petition and directed that it be listed before any other bench as per the order of Chief Justice of India.

The bench appointed former attorney general Mukul Rohatgi and solicitor general Ranjit Kumar as amicus curiae to assist in the matter, saying they should tell the other bench what had happened in this court.

20/12/2017

Husband Can’t Complain Of Wife’s Visits To Parents’ Home: Delhi HC [Read Judgment]

A wife is certainly entitled to visit her parents’ home and such a visit per se cannot be the reason for a husband to complain, the bench said. The Delhi High Court has refused to grant divorce to a man who complained of his wife’s frequent visits to her parental home. A wife is certainly …

02/04/2017

Constable sentenced to 7 years in prison for harassing wife

A police constable has been sentenced to seven years imprisonment for sodomising his wife and harassing her over dowry.

Additional Chief Judicial Magistrate Jitender Kumar held Amardeep guilty under relevant sections of IPC and also imposed a fine of Rs 19,000 on him.

According to prosecutor D P Singh, Amardeep was taken into custody for harassing his 23-year-old wife over dowry in Shamli district on June 5, 2012. The woman later left her husband’s house and started living with her parents.

01/04/2017

Frame draft guidelines on police briefing to media: SC to govt

The Supreme Court today directed the Centre to prepare a fresh memorandum of guidelines for the police to brief the media by keeping in mind the protection of rights of both the accused and the victims of crime.

A bench headed by Chief Justice J S Khehar gave six weeks to the Centre to prepare the draft memorandum of the guidelines by examining the various suggestions submitted in the apex court.

“We, thereby, direct the Centre to prepare a fresh memorandum of police guidelines on media by taking into consideration the rights of the accused so that their rights are not prejudiced during trial and also the sensitive rights of victims,” the bench, also comprising Justices D Y Chandrachud and S K Kaul, said.

The court was of the view that the last such office memorandum by the Centre was issued on April 1, 2010 and since then much deliberation has taken place and the subject has been examined from various angles particularly keeping in mind the protection of rights of the accused as well as the protection of the rights of the sufferer.

The bench noted that advocate Gopal Shankar Narayan, who is assisting the court as an amicus curiae in the matter, has prepared documents by compiling the practices prevalent in other countries and has also examined the guidelines laid down in the CBI manual and the advisory of the Union Ministry of Home.

He had examined the guidelines of the police forces of New York, Los Angeles, London and Dorset (UK).

The advocate, appearing for the Centre, said, “We will apply our mind to the entire input and prepare an appropriate guideline.”

The bench made it clear that at this stage it was not going into any other issue including the media and was only on the issue of the police as to what are the issues that have to be taken into consideration about their briefing.

The issue of police briefing to the media has been dealt with by the apex court and it has passed several directions on a petition filed by the NGO People’s Union for Civil Liberties (PUCL).

The apex court on Septemeber 23, 2014 had passed a slew of directions for framing guidelines in encounter cases after it was alleged by the PUCL that 99 encounters took place in Mumbai resulting in death of about 135 persons between 1995 and 1997.

01/04/2017

The Supreme Court today banned the sale and registration of vehicles which are not compliant with BS-IV emission norms from April 1 across the country.

The apex court observed that the “health of the people is far far more important than the commercial interest of automobile manufactures”.

A bench of Justices Madan B Lokur and Deepak Gupta prohibited registration of any vehicles which do not meet the Bharat Stage-IV emission norm standards from April 1.

The BS-IV emission norms will come into force from April 1, 2017.

The top court had yesterday reserved its verdict on pleas seeking ban on the sale and registration of BS-III compliant vehicles after April 1.

The Society of Indian Automobile Manufacturers (SIAM) had earlier submitted data on manufacturing and sale of BS-III vehicles on a monthly basis from January 2016 and told the court that the companies were holding stock of around 8.24 lakh such vehicles including 96,000 commercial vehicles, over six lakh two-wheelers and around 40,000 three-wheelers.

The manufacturers had also told the court that they were allowed to sell their stocks with old emission norms when new technology was brought in force on the previous two occasions at the time the industry had switched to BS-II and BS-III in 2005 and 2010.

08/09/2016

PIL against Pokemon Go for ”hurting” religious sentiments

PIL has been filed in the Gujarat High Court against developers of the location-based augmented reality game Pokemon Go, alleging it hurts religious sentiments of certain communities by showing eggs in places of worship.

Filed by Alay Anil Dave, the PIL is likely to be heard tomorrow by a division bench of Chief Justice R Subhash Reddy and Justice Vipul Pancholi.

As per the plea, among other things, the image of eggs shown in the augmented reality game appear in places of worship of different religious groups.

The petitioner has said eggs are considered as non- vegetarian food, and it is blasphemous to carry non-vegetarian food inside a place of worship of Hindus and Jains.

“People playing the game get their points in the form of eggs which generally appear in the places of worship of different religious groups. To find eggs in temples of Hindus and Jains is blasphemous, and therefore my client has sought ban on the game from the country,” petitioner’s lawyer Nachiket Dave said.

Among other points raised against the game are that it infringes upon the privacy, and it poses threat of life and limbs to the players, who have to walk around to score a point.

San Francisco-based developer of the game, Niantic, Inc., and Central and state governments have been made the respondents.

06/09/2016

Man jailed for 7 yrs for bid to murder cop

A Muzaffarnagar court here has sentenced a man to seven years in jail for attempting to murder a police constable.

Additional district sessions judge Manoj Kumar sentenced Mehboob to imprisonment for seven years and slapped a fine of Rs 13,000 on him for attempting to murder constable Sanjay Singh.

According to prosecution, on April 15, 2013, Mehboob made an attempt to murder the constable with a sharp-edged weapon in Kairana town of Shamli district.

01/09/2016

Consensual physical relations between adults no offence: Delhi Court

A man, accused of ra**ng and assaulting a woman, has been acquitted by a Delhi court which said physical relations between two adults with their free consent was no offence.

The court said there was no evidence that the man had threatened the 22-year-old woman or disrobed her, after the woman said she was forcibly taken by her parents to the police station to lodge a complaint against him.

The woman had told the court that the physical relations between them were with her consent and talks for their marriage were on.

“The prosecutrix was well above 18 years of age at all material times. Sexual in*******se between two adults of opposite s*x with their free and voluntarily consent is no offence. There is no evidence that the accused disrobed the prosecutrix or threatened her or injured her,” Additional Sessions Judge Sarita Birbal said.

The court noted that the woman had deposed before it that the man had established physical relations with her of her free will and consent as they were in love and wanted to marry each other.

“She (woman) has completely absolved the accused of the charges and has not deposed anything incriminating against him… The mother and father of the prosecutrix have also not made any incriminating statement against the accused.

“In view of the depositions of the prosecutrix and her parents in this court, their statements recorded during the investigation which are not the substantive pieces of evidence would be of no help to the case of prosecution,” it said.

According to the prosecution, a complaint was lodged by the woman in October 2015, alleging that she knew the accused for a year.

Alleging that the man had snatched her purse and mobile near Karkardooma Metro Station in East Delhi, it said the accused had insisted that the woman should accompany him on his motorcycle and then took her to a place where he r***d her, took obscene pictures and threatened to kill her if she disclosed anything.

The woman, however, changed her statement in the court and deposed that she was in love with the man and her family, who knew about it, forcibly took her to the police station and got a complaint lodged against him.

The court acquitted the man of the charges of causing hurt, assaulting a woman with an intent to disrobe her, r**e and criminal intimidation under the IPC.

01/09/2016

Consumer is king, can’t say discounts should not be given: Delhi HC

“Consumer is the king”, the Delhi High Court said today while observing that it cannot say lower charges should not be levied and discounts not given to customers by app-based cab providers like Ola and Uber.

Justice Manmohan said if a company gave discounts, then the customers benefited and the app-based cab service providers were more interested in the number of hits by the consumers.

The observation came during the hearing of an application by a taxi association which alleged that app-based cab service providers like Ola and Uber were not complying with the court’s August 11 directions and not following the rates prescribed by the government.

“Suppose somebody wants to give discounts, can you (taxi association) say that consumers should not be given the benefit? Ultimately, consumer is the king,” the court said.

“Today, 4G prices have been cut by 40 per cent by a telecom company. Shouldn’t consumers be given benefits? The state government’s notification does not say discounts cannot be given to the consumers,” the court said.

“This court cannot say that less charges should not be levied by them. After all, the consumers should be benefited.

Court cannot exercise this power,” it said.

The court, which fixed the matter for further hearing on November 21, has asked Delhi government to file an affidavit stating whether there was any fixed minimum fare.

During the hearing, the court said, “does the notification (on fares) by government say that they cannot give discounts to the consumers? Have they fixed the minimum fares? The way in which the industry works is very, very different, especially in case of app-based industries”.

“Its valuation is by the number of hits. These people are not only interested in profit, they are after the number of hits. They operate on a different principle. Dichotomy of app- based companies and taxi operators are different,” it said.

The court also said if the government does not want to fix any minimum fares, it was their decision and courts cannot ask them to fix minimum fares.

The counsel appearing for Delhi government told the court that after the August 11 directions, they have not received any complaint regarding surge pricing by these app-based cab services providers.

01/09/2016

We are for JUSTICE.

09/10/2015

Article 21A to provide for free and compulsory elementary education as a fundamental right to every child between 6-14 years of age.

25/10/2014

Companies (Audit and Auditors) Amendment Rules, 2014

In the Companies (Audit and Auditors) Rules, 2014, after rule 10, the following shall be inserted, namely:-

“1 0A. For the purposes of clause (i) of sub-section (3) of section 143, for the financial years commencing on or after 1st April, 2015, the report of the auditor shall state about existence of adequate internal financial controls system and its operating effectiveness:
Provided that auditor of a company may voluntarily include the statement referred to in this rule for the financial year commencing on or after 1st April, 2014 and ending on or before 31st March, 2015.”

22/10/2014

Wish You and Your Family a Very Happy & Prosperous DIWALI !!!

26/01/2014

We Wish You All Happy Republic Day 2014.

05/09/2013

Happy Teacher's Day To All Of You...!!!

28/08/2013

We Wish Happy Janmashtami To All Of You...!!!

20/08/2013

We Wish Happy Raksha Bandhan To All Of You...!!!

15/08/2013

We Wish 66th Happy Independence Day To All Of You...!!!

09/08/2013

Happy Eid-ul-Fitr To All Of You ...!!!

12/05/2013

We Wish You All Happy Mother's Day...!!!

27/03/2013

We Wish You a Colourful And Happy Holi...!!!

10/03/2013

Happy Maha Shivratri To All Of You...!!!

26/01/2013

We Wish You All Happy Republic Day...!!!

25/01/2013

Happy Eid E Milad To All Of You...!!!

01/01/2013

Happy New Year To All Of You...!!!

25/12/2012

May this Christmas fill your hearts with warmth, peace and joy! Have a Holy and a Blessed Christmas!