By: Live Law News Network 5 Feb 2019 10:12 AM GMT As the Supreme Court Constitution Bench is set to hear the review petitions against Sabarimala judgment tomorrow, four women filed applications today, seeking to intervene in support of the judgment. Two of the applicants- Bindu and Kanaka Durga- had entered the temple on January 2. Bindu, who teaches law at Kannur University School of Legal Studies, says that she has intense desire to pay her respects to "Dharma Shastha", who is worshipped as Lord Ayyappa. Kanaka Durga, who says that she is a believer of all Hindu gods, narrates in detail the discriminatory practises she had to face during menstrual period, such as isolating her in another room, not permitting her to touch the well or draw water from it etc. The petition narrates their attempt to enter temple on December 24, which got foiled due to protests. Later, on January 2, they entered the temple with police assistance. They say that the judgment passed by the SC on … [Read more...] about Sabarimala : Women Seek To Intervene In Review Petitions In Support Of SC Judgment
By: ashok kini 2019-01-08 08:32:15.0 In what can be unhesitatingly termed as a 'Per Incuriam' judgment, the Supreme Court on Monday held that a teacher, irrespective of the type of educational institute he/she is working, is not an 'employee' under Section 2(e) of the Payment of Gratuity Act and, therefore, has no right to invoke the Act for claiming gratuity from his/her employer. Per Incuriam judgment is the one which is decided without reference to a statutory provision or earlier judgment which would have been relevant. This is a classic case of a per incuriam judgment which did not notice an explicit statutory amendment. Ahmedabad Private Primary Teachers' Assn Judgment As noticed by the bench, it is true that in Ahmedabad Private Primary Teachers' Association case, the Supreme Court ruled that teachers are not entitled to gratuity under the payment of Gratuity Act, 1972 as they do not fall within description of definition of "employee" under Section 2(e) of the … [Read more...] about Why Latest SC Judgment Denying Gratuity To Teachers Is ‘Per Incuriam’ ?
Share Tweet Plus One Pin It Email Print By: Live Law News Network November 7, 2018 2:43 pm Change Font Size The High Court of Kerala today dismissed a petition filed by National Ayyaappa Devotees Association and few others against the implementation of Supreme Court’s judgment in Indian Young Lawyers Associaiton case, which permitted entry of women of all age groups to Sabarimala temple. The petition was filed contending that the SC judgment was merely “declaratory in nature”, without casting any positive obligation on the State Government to implement it. It was also stated that the PIL in the apex court was not filed by devotees and that the same was based on newspaper reports. Therefore, the petition contended that the judgment of the Supreme Court was ‘per incuriam’ and ‘sub silentio’ and not binding on Ayyappa devotees. The Division Bench of Justices P R Ramachandra Menon and N Anilkumar held that the High Court … [Read more...] about Sabarimala : Kerala HC Dismisses Petition Against Implementing SC Judgment On Women Entry
Share Tweet Plus One Pin It Email Print By: Ashok Kini September 17, 2018 8:36 pm Change Font Size “Learned trial Judge has considered that the accused-appellant has opened her undergarments and for this reason, learned Sessions Judge has held that he tried to commit rape. But according to this Court, as already observed, the slightest penetration, whichever degree it is, is the essential requirement vis-à-vis sine qua non to attract the provision of Section 376 of IPC. From the evidence, it is found to be absent.” The Tripura High Court recently acquitted a man accused of attempting to commit rape charges observing that it is, at best, a case of “fondling” and the offence does not fall within the scope of Section 376 IPC but it will fall within Section 354 IPC. According to the complaint, the accused trespassed into the kitchen of the house of the complainant and grabbed her 10-year-old daughter, laid her on the ground, kissed all … [Read more...] about To Attract The Offence Of ‘Attempt To Rape’ Slightest Penetration Of Whichever Degree Is Essential : Tripura HC Contradicts SC Judgments [Read Judgment]
Share Tweet Plus One Pin It Email Print By: Dr Athira P S August 31, 2018 12:12 pm Change Font Size ‘The Data Protection Bill may be considered as one step in achieving the objective of optimal protection of privacy’ Privacy has been given many definitions and connotations over the ages. In the Indian context, the momentous judgement of the Supreme Court in Justice K. S. Puttaswamy (Retd.) and Anr. vs Union Of India And Ors is a remarkably concrete touchstone upon which developments that deals with privacy may be examined. The judgement affirms that privacy in India is a right that protects interests ‘pertaining to the physical realm and interests pertaining to the mind’. Particularly, on the occasion of the first anniversary of the judgement, an analysis of the Personal Data Protection Bill, 2018, as proposed by the Justice Srikrishna Committee, seems to be relevant. Puttaswamy Judgment & Different Facets Of Privacy Once we … [Read more...] about One Year From Puttaswamy : Data Protection On The Touchstone Of SC Judgment