Supreme Court’s outlook on ‘Reservation’

Posted by lexel

MARATHA RESERVATION The review petition filed by the central government challenging the decision of Supreme Court’s in the case of Union of India vs. Shiv Sangram & Ors. has been dismissed by the five-judge Constitution bench. Background of the case The state of Maharashtra promulgated an ordinance on 9th July 2014, granting 16% reservation in education and public employment to the Maratha community. However, the same was stayed by the Bombay High Court via an interim Order. Thereafter, Maharashtra further enacted the Socially and Educationally Backward Classes Act, 2014 granting 16% reservation to educationally and socially backward classes amongst whom the Maratha community...

25 January

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Husband’s anticipatory bail in 498A case from High Court

Posted by lexel

in High Court, Judgments

Once at the instance of the wife (complainant), the FIR under Sections 498-A/406 IPC is registered it is better option to take Anticipatory Bail in the offences as read in the FIR. Usually, the entire family of the husband is entangled in the FIR. When the in-laws move for anticipatory bail in the court, they are usually granted anticipatory bail since they form a separate household unit distinct from that of their son (husband). The Supreme Court in various judgments have quoted that the Sections under 498a and 406 under the Indian penal code are widely misused and for no reason...

22 April

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Key Changes – (new) Consumer Protection Act, 2019

Posted by lexel

in Consumer Protection

The Indian market has undergone drastic changes in past few decades with the advent of digital technologies, development of E-commerce, smartphones etc. but the old Consumer Protection Act, 1986 being a 33 years old consumer protection legislation had become obsolete and redundant to cover these emerging complexities in the market. In the light of this situation the Parliament had passed the Consumer Protection Act 2019 which has received the assent of the President on 9th August 2019. As such the new Act has repealed the old Consumer Protection Act, 1986....

22 April

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Supreme Court – Trial cannot be quashed for investigation of SC-ST offences by incompetent Police Officer

Posted by lexel

in Criminal Law, Supreme Court

The Supreme Court in a noteworthy case of State of Madhya Pradesh Vs Babbu Rathore & Anr has observed that, when the offence complained is both under Indian Penal Code and Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the investigation which is being made by a competent police officer in accordance with the provisions of the Criminal Procedure Code cannot be quashed for non-investigation of the offence under Section 3 of the Act by a competent police officer....

Author: lexel

Supreme Court’s outlook on ‘Reservation’

Husband’s anticipatory bail in 498A case from High Court

Key Changes – (new) Consumer Protection Act, 2019

Supreme Court – Trial cannot be quashed for investigation of SC-ST offences by incompetent Police Officer