Tag: fundamental rights

Current Legal Update

Unilateral Divorce Under Scrutiny: The Talaq-e-Hasan Case

The Supreme Court is performing a last-minute examination of the constitutional validity of the Talq-e-Hasan. Receiving petitions of affected women, the Court has ordered dates of a final hearing and more importantly has shown clear intentions of considering substantive rights over procedural objections. Inviting the views of national rights commissions, the bench is gearing up to an evidence-based reviewing of the practice in detail. These initial guidelines indicate very strongly that the Court is about to give a substantive decision whether Talaq-e-Hasan is in line with the constitutional provisions of equality and fairness.

byVanshika Bansal
High court

Çelebi Plea Dismissed: Delhi High Court Prioritizes National Security Over Judicial Review

This paper will discuss the case of the Delhi High Court on national security over natural justice regarding the grant of security clearance in the aviation security in India. It outlines the recalling of Celebi clearances, the argument that appeals to the concept of procedural justice and the court pertaining to claims of both state security and opportunity of a fair hearing and rules in preference of national security in that particular case.

byLegal Maestros
Current Legal Update

PUCL Moves Supreme Court Against ECI’s Electoral Roll Revision in Bihar

The article is an analysis of the PUCL Supreme Court case concerning a challenge filed against Electorship roll revision by ECI in Bihar. It looks at questions of the rushed procedure, paperwork limitation, and possible disenfranchisement of the vulnerable populations. The article brings out the legal framework and also the vital role played by the Supreme Court in balancing between electoral integrity and electoral laws with the general rights of the democracies.

byLegal Maestros
High court

Pune Court Rejects Plea to Force Rahul Gandhi to Produce Book in Savarkar Defamation Case

In this paper, the author will discuss the recent court order on Satyaki Savarkar vs. Rahul Gandhi is making an argument based on the inherent right against self-incrimination portrayed in the Article 20(3) of the Indian Constitution. It brings out the refusal of the court to force the accused to tender incriminating documents prior to trial, the onus of proof where it rests upon the complainant and the presumption of innocence.

byLegal Maestros
High court

Delhi HC Rules Against Patanjali’s False Efficacy Claims in Chyawanprash Ads

In this post the case of the Delhi High Court handling the deception around the Patanjali Chyawanprash advertisement is analysed in view of its legal precedent related to false efficacy claims and disparagement. It goes into the pace of development of commercial speech under Article 19(1)(a) of the Indian constitution, the landmark cases which outline its extent and restriction in advertising.

byLegal Maestros
Supreme Court

God Knows How Many Languish in Jails Over Technicalities: Supreme Court Rebukes UP, Directs ₹5 Lakh Payout

This article is an abstract of a Supreme Court case based on which the liberty of an individual had to be delayed due to a minor technicality in a release order. It reviews the vigorous reproach of such developments expressed in the judgment of the Aglo/Buhari case: the principle of substance over form in the judicial order, and strong consequences for the protection of the fundamental rights. The case stresses the importance of the judiciary in aspects of timely execution of orders of release and responsibility for negligence of duty.

byLegal Maestros