TOP STORY OF THE WEEK
Chhattisgarh High Court Heading: “Sexual intercourse by husband would not constitute an offence of rape even if it was by force or against her wish”; Can a wife initiate proceedings against her husband for unnatural sex under S. 377 IPC? HERE
Supreme Court
Economic criterion cannot be sole basis of identifying ‘creamy layer’ amongst backward classes: SC strikes down 2016 Notification issued by Haryana Govt.: A Division Bench of L. Nageswara Rao and Aniruddha Bose, JJ., quashed the notification dated 17-8-2016 issued by State Government of Haryana, which specified economic criterion as the sole basis of identification of ‘creamy layer’ (socially advanced sections) among backward classes for excluding them from the purview of benefit of reservation in State services and admission to educational institutions.
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Does State Employer has the choice on who should enter its service? Supreme Court decides
The Bench of K.M. Joseph and S. Ravindra Bhat, JJ. while addressing the matter, observed that,
Public service – like any other, pre-supposes that the state employer has an element of latitude or choice on who should enter its service. Norms, based on principles, govern essential aspects such as qualification, experience, age, number of attempts permitted to a candidate, etc. These, broadly constitute eligibility conditions required of each candidate or applicant aspiring to enter public service.
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Supreme Court directs Madhya Pradesh HC to immediately decide validity of 100% reservation in more than 600 P.G. medical seats: The Division Bench of L. Nageswara Rao and B. R. Gavai, JJ., directed the Madhya Pradesh High Court to immediately decided the validity of 100% reservation in more than 600 Post Graduate medical seats in the State of Madhya Pradesh.
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Supreme Court issues interim direction allowing women to participate in NDA exams
Taking a significant step towards gender equality, the Division Bench of Sanjay Kishan Kaul and Hrishikesh Roy, JJ., issued interim direction permitting the women candidates to take part in the National Defence Academy (NDA) examination.
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HIGH COURTS
GAUHATI HIGH COURT “Both victim and accused are State’s future assets”; HC grants bail to IIT student accused of raping his junior
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Punjab and Haryana High Court “Unholy Alliance”; HC denies protection to married woman who was residing in live-in with another man: Calling it “unholy alliance”, Sant Parkash, J., denied protection to a married woman who was residing in live-in with another man.
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Jammu & Kashmir and Ladakh High Court J&K and Ladakh HC | Can Shayara Bano’s judgment be invoked retrospectively to declare triple talaq pronounced before Sharaya Bano’s case null and void? HC answers: Sanjeev Kumar, J., held that the judgment of Shayara Bano v. Union of India,(2017) 9 SCC 1has retrospective application and can be invoked to declare triple talaq pronounced before Shayara Bano’s judgment null and void.
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Delhi High Court Provisions of DV Act cannot be used as a ploy by son, to either claim a right in his father’s property or continue to retain possession of father’s property, on strength of his wife’s right of residence:
Prathiba M. Singh, J. while addressing the matter, expressed that
“…in the opinion of this Court, all cases of family disputes cannot be characterised as cases under the DV Act.”
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Bombay High Court ‘Judiciary’s dignity cannot be tarnished by irresponsible content’: Bom HC closes contempt case against person uploading contumacious content against Goa District Judiciary on YouTube & WhatsApp
The Division Bench of Dipankar Datta, CJ and M.S. Sonak, J., observed that,
“Court has the duty of protecting the interest of the community in the due administration of justice and, so, it is entrusted with the power to punish for its contempt.”
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Madras High Court Madras HC on Reservation | Whether 10 % reservation of Economically Weaker Section can be provided in All India Quota medical seats without SC’s approval?
The Division Bench of Sanjib Banerjee, CJ and P.D. Audikesavalu, J. while addressing the contempt petition, expressed that,
Merely because the immediate lis pertains to the contempt jurisdiction would not imply that this court sheds its plenary authority under Article 226 of the Constitution while considering the manner of implementation of the said order.
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Foreign Court United Kingdom Supreme Court Is tour operator liable for rape of tourist by hotel employee? UKSC answers
Bench of Lord Hodge, Lord Llyod-Jones, Lady Arden and Lord Kitchin, while unanimously allowing the appeal held that,
Tours and Travel Company undertook to provide a package holiday at a four-star hotel. The Court stated the same to be an integral part of a holiday of such a standard that hotel staff provide guests with assistance with ordinary matters affecting them at the hotel as part of their holiday experience. It includes guiding guests from one part of the hotel to another. The rape and assault of the appellant amounted to a failure to provide that service with proper care.
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LEGISLATION UPDATES
Drone Rules, 2021
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Adoption (First Amendment) Regulations, 2021
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Constitution (One Hundred and Fifth Amendment) Act, 2021
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NEW RELEASES
Supreme Court on Bail Anticipatory Bail and Quashment Vol 2
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