May 2022 - Lawwatch : Resources for Learners

Imposing Unreasonable Bail Conditions is Unlawful

By K Rajasekharan 30 May 2022Criminal law

Absurd, burdensome or unreasonable bail conditions are being thrust upon the accused by courts, while granting bail, based on the whims and fancies of the judges rather than in strict adherence to the provisions of law.

On Media’s Right to Publish Private Matters

By K Rajasekharan 27 May 2022Constitutional law

The extent of media’s right to publish matters relating to citizens unauthorised account of life and activities, under the freedom of press guaranteed by Article 19(1)(a) of the constitution, was considered by the Supreme Court (SC) in R. Rajagopal v State of T.N (known as Auto Shanker case).

SC reiterates Sex Work is not illegal in India

By K Rajasekharan 26 May 2022Criminal law

The SC does not recognise sex work as a profession as the media widely reported. What the SC actually says is that notwithstanding the profession, every individual has a right to dignified life under the Indian Constitution and the constitutional protection that is given to all individual shall be kept in mind by the authorities while enforcing immoral traffic prevention law. In fact, what it puts forth is that the sex workers, who are despised and stigmatised by society, must be treated with full respect for their dignity and humanity, and not to abuse them verbally or physically, or to coerce them into sex work.

Making Allegation against Judges has become a New Fashion

By K Rajasekharan 25 May 2022Criminal law

The Supreme Court (SC), in a Suo Motu Criminal Contempt Petition No.866 of 2021, said on 23rd May 2022 that making allegations against judges is unfortunately becoming a new fashion now and the stronger the judge, the greater the allegations against him.

Prosecutor to File List of Documents not Relied upon

By K Rajasekharan 24 May 2022Criminal law

The Supreme Court (SC), in Manoj vs State of Madhya Pradesh case, held that the prosecution, in all criminal cases, shall furnish the list of statements, documents, material objects and exhibits which are not relied upon by the investigating officer.

SC Judgment on A G Perarivalan’s Release

By K Rajasekharan 20 May 2022Criminal law

The Supreme Court (SC), on 18th May 2022, ordered the release of A G Perarivalan, one of the life convicts in the Rajiv Gandhi assassination (in the case AG Perarivalan v State) by resolving some of the unsettled legal issues.

Can a Citizen be forcefully Vaccinated?

By K Rajasekharan 18 May 2022Constitutional law

No person can be forcefully vaccinated, even in the scenario of fast spreading Covid in the recent past. Such an exercise would violate the Fundamental Right of Life & Personal Liberty (Article 21) of such an individual under the Constitution.

Recovery of Excess Payment cannot be made Years later

By K Rajasekharan 14 May 2022Uncategorized

The excess payment of emoluments or allowances made to an employee based on a then-interpretation of a service rule is not recoverable when it was subsequently found to be an erroneous one, the Supreme Court (SC) says in its judgement in Thomas Daniel v State of Kerala.

Sex with Wife without her Consent is Rape

By K Rajasekharan 13 May 2022Criminal law

The question of woman’s consent in sex within marital relation is again on sharp focus. The split verdict of the two judge Bench - Justice Rajiv Shakdher and Justice C Hari Shankar - of the Delhi High Court on 11th May 2022 has reignited the issue. Justice Rajiv Shakdher headed the two-judge Bench. The split verdict came out in the case RIT Foundation v. UOI and other connected matters, in a batch of petitions filed in 2015, challenging the protection provided to marital rape.

Doctors & their Services Come under Consumer Act

By K Rajasekharan 11 May 2022Uncategorized

The Supreme Court (SC) upheld a Bombay High Court judgment which held that doctors and healthcare services are not excluded from the ambit of the Consumer Protection Act 2019, in a Special Leave Petition Medicos Legal Action Group v Union of India delivered on 29 April 2022.

Power under Article 227 to be used Sparingly

By K Rajasekharan 11 May 2022Constitutional law

The powers under Article 227 of the Constitution should be exercised sparingly. The exercise of such powers under the Article should be to keep the Tribunals/ subordinate courts within the bounds of their authority. Under the article 227 the High Court is not expected to correct mere errors of law or fact or just because another view than the one taken by the Tribunals or Courts subordinate to it, is possible.

Written Statement can be Filed after 90 days in Hard Cases

By K Rajasekharan 10 May 2022Civil law

The time limit for filing of the written statement under Order VIII Rule 1 of Code of Civil Procedure is not mandatory except in commercial suits, the Supreme Court (SC) reiterates it in Bharat Kalra v Raj Kishan Chabra. The SC relied on the judgement in Kailash v Nankhu & Ors.[ (2005) 4 SCC 480]. Therefore, the delay in filing of the written statement could very well be compensated with costs but denying the benefit of filing of the written statement is unreasonable.