Current Legal Update

Enforcement Directorate Mandates Director’s Approval for Summoning Lawyers: A Response to Arvind Datar Controversy

A major milestone was when Enforcement Directorate recalled a summons issued to Senior Advocate Pratap Venugopal on the ground of supposed irregularities in the ESOP allocation by Care Health Insurance Ltd. The move highlights the provision of security to protesters the section 132 of the Bhartiya Sakshya Adhiniyam, 2023.

Current Legal Update

3-Year Mandatory Practice Challenged in a Review Petition.

Advocate Chandra Sen Yadav has filed a review petition in the Supreme Court challenging its May 20 judgment reinstating a mandatory three-year legal practice requirement for civil judge (junior division) exams. The petition argues this rule violates Articles 14 (equality) and 16 (equal opportunity in public employment) of the Indian Constitution, disproportionately excluding recent graduates who prepared under prior eligibility criteria.

High court

Madhya Pradesh High Court Rules on WhatsApp Chats: Admissible as Evidence in Family Courts Despite Privacy Concerns

Recently, the Madhya Pradesh High Court discussed whether or not evidence that was collected unlawfully might be admitted into court in cases involving marital conflicts. It found that WhatsApp communications, even if they were purportedly obtained without authorization, are admissible in Family Courts if they are significant. This decision upheld Section 14 of the Family Courts Act, which relaxes rigorous evidentiary requirements for the sake of effective conflict settlement.

Supreme Court

Dowry Harassment Cases: A Scrutiny of Allegations Against Husband’s Relatives by justice A. amanullah

In a classic case, the Supreme Court set aside criminal cases against distant relatives, who had been falsely dragged into a dowry harassment case. The ruling adds strength to the point that general and lackluster claims of criminality are not sufficient to allow trial that will weaken innocent family members against the frivolous use of the law.

Supreme Court

Upholding Natural Justice in Disciplinary Proceedings By Justices Dipankar Datta and Justice Prashant K.Mishra

In this case, the Supreme Court struck down a penalty imposed on a senior retired Assistant Engineer, Ram Prakash Singh, under Rule 27 of Tripura Administrative Services Rules on procedural lapse and violation of due process, leaving it clear that departmental inquiry is subject to strict adherence to due process which entails production of evidence, timely conclusions and fair hearing opportunities.

Supreme Court

Irretrievable Breakdown of Marriage by Justice Vikram Nath, Sanjay Karol, and Sandeep Mehta

The Supreme court in a landmark decision dissolved the marriage of a couple who had been separated for more than ten years saying irretrievable breakdown was a valid ground to grant divorce under Article 142 of the Constitution. The case shows that the Court, as an arm of the constitution, has the right to give full justice when there is no statute on the matter.