Marital Rape is a Ground to Claim Divorce

11 August 2021Posted inCriminal law
Marital rape is not an offence in India but it is a good ground to claim divorce, the High Court of Kerala (HC) says. This was stated by the HC in its verdict  in xxx v xxx (names masked) on 30th July 2021 while disposing a set of two appeals against a family court verdict. One appeal was by the husband seeking restitution of conjugal rights and the other was by the wife for divorce. The HC upheld the divorce.

Privileges do not Protect Legislators from Crimes

8 August 2021Posted inConstitutional law, Criminal law
In a landmark judgement in State of Kerala v K Ajith, the Supreme Court (SC) allowed to continue the criminal proceedings against some former MLAs in Kerala and declared categorically that the privileges and immunities of the MLA does not protect them from criminal offences in which they engage in. This writeup highlights the essential points in the judgement in an easy-to-learn language.

Whether a MoU is legally binding as a Contract?

7 August 2021Posted inCivil law
A Memorandum of Understanding (MoU), as the term is being used now, is a written declaration by two or more parties. It expresses their common or mutual intention in regard to a project. A MoU looks like a contract. It is a less formal document than a contract. A contract is legally binding and enforceable. But a MoU is not a legally binding one in India. A MoU acts only as the foundation document. It indicates that a contract is imminent.

Hearing of the Accused on Sentence u/s 235(2) CrPC

1 August 2021Posted inCriminal law
If the accused is convicted for any offence, he shall have the right to be heard on the question of sentence before the court pronouncing its sentence. This is what the Section 235 (2) of the Criminal Procedure Code, 1973 (CrPC) states. This hearing usually ends up as a meaningless routine in most of the cases.

Right of Senior Citizen to evict Daughter-in-law

25 July 2021Posted inFamily, Marriage & Divorce
When a senior citizen approaches a writ court to direct the eviction of his son and daughter-in-law from a shared household, it must be viewed from the prism of Article 21 of the Constitution of India. This is the remark that the Calcutta High Court made on 23rd July 2021 in the case Ramapada Basak & Anr v. State of West Bengal & Ors while deciding a plea by two senior citizens (petitioners) seeking the eviction of the son and daughter-in-law from their residence.

Sedition Law in India : An Overview

24 July 2021Posted inCriminal law
The Section 124A of Indian Penal Code (IPC) lays down in broad terms what sedition is. Sedition generally means conduct or speech inciting people to rebel against the legally established authority of the State. In a democracy every citizen has the right to question the government. Any criticism becomes sedition only when it leads to incitement of violence or overthrow of rule of law. Sedition is closely allied to treason. Any criticism becomes seditious only when it should have a pernicious tendency to create public disorder or disturbance of law and order.