SC reiterates Sex Work is not illegal in India

26 May 2022Posted inCriminal 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.

Difference between Attachment & Charge

22 May 2022Posted inProperty & Succession
Attachment creates no charge or lien upon the attached property. It merely prevents and avoids private alienations. It does not confer any title on the attaching creditors. There is nothing in any law which makes the attaching creditor a secured creditor or creates any charge in his favour over the property attached. A charge on the other hand creates no interest in or over a specific immovable property, but is only a security for the payment of money.

Sex with Wife without her Consent is Rape

13 May 2022Posted inCriminal 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.

Power under Article 227 to be used Sparingly

11 May 2022Posted inConstitutional 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

10 May 2022Posted inCivil 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.

Regularisation of Temporary Employees is illegal

8 May 2022Posted inConstitutional law
In a claim for regularisation of temporary employees in LIC in a case ( Ranbir Singh vs S.K. Roy, Chairman, LIC ) spanning four decades, the Supreme Court (SC) categorically said that a public employer such as LIC cannot be directed to carry out a mass absorption of over 11,000 workers on such flawed premises without following a recruitment process, relying on the constitutional bench judgement in Secretary, State of Karnataka v Umadevi.