Supreme Court may declare that Section 377 violated the right of sex under Article 21 of the LGBTQ community – Govt posed Stoic silence !

JULY 17, 2018 16:27 IST CHIEF JUSTICE’S COURT W.P.(C) No. 373/2006 PIL-W INDIAN YOUNG LAWYERS ASSOCIATION AND ORS. R. P. GUPTA Versus THE STATE OF KERALA AND ORS CONSTITUTION BENCH COMPRISING HONBLE THE CHIEF JUSTICE, HONBLE ROHINTON FALI NARIMAN, HONBLE A.M. KHANWILKAR, HONBLE DR. D.Y. CHANDRACHUD AND HONBLE INDU MALHOTRA, JJ. While reserving the Judgment by Supreme … Continue reading Supreme Court may declare that Section 377 violated the right of sex under Article 21 of the LGBTQ community – Govt posed Stoic silence !

Within the Court, the right of audience of an advocate is to be regulated by the Court itself

 SUPREME COURT  in Harish Uppal v. Union of India held as under: “34. One last thing which must be mentioned is that the right of appearance in courts is still within the control and jurisdiction of courts. Section 30 of the Advocates Act has not been brought into force and rightly so. Control of conduct in court … Continue reading Within the Court, the right of audience of an advocate is to be regulated by the Court itself

Right of the Accused Person in India

In 1978(2) SCC 424 Nandini Satpathy Vs. P.L. Dani Hon’ble Supreme Court laid down following guidelines about Right of accused to consult Advocate. “(a) Under Article 22(1), the right to consult an advocate of his choice shall not be denied to any person who is arrested. Articles 20(3) and 22(1) may be telescoped by making it prudent … Continue reading Right of the Accused Person in India

Whether the award could be set aside, if the Arbitral Tribunal has not followed the mandatory procedure prescribed under S. 24, 28 or 31(3), which affects the rights of the parties?

Under sub-section (1)(a) of S. 28 there is a mandate to the Arbitral Tribunal to decide the dispute in accordance with the substantive law for the time being in force in India. Admittedly, substantive law would include the Indian Contract Act, the Transfer of Property Act and other such laws in force. Suppose, if the … Continue reading Whether the award could be set aside, if the Arbitral Tribunal has not followed the mandatory procedure prescribed under S. 24, 28 or 31(3), which affects the rights of the parties?

TRAI recommended data security rules said people should have right to their data, not companies.

New Delhi, 16th July, 2018: The Telecom Regulatory Authority of India (TRAI) has today issued its Recommendations on “Privacy, . Security and Ownership of Data in the  Telecom Sector”. The Telecom Regulatory Authority of India (TRAI) also said entities controlling and processing user data do not have primary rights over that data. The recommendations on privacy, security … Continue reading TRAI recommended data security rules said people should have right to their data, not companies.

The right to a speedy trial guaranteed by Art. 21 of the Constitution

The right to a speedy trial is one of the dimensions of the fundamental right to life and liberty guaranteed by Art. 21 of the Constitution:vide Hussainara Khatoon(I) v. State of Bihar, (1979) 1 SCR 169 (per Bhagwati and Koshal. JJ.). Kadra Pahadiya(I) v. State of Bihar. AIR 1981 SC 939 (per Bhagwati and Sen. … Continue reading The right to a speedy trial guaranteed by Art. 21 of the Constitution

Conjugal rights are not merely creature of statute but inherent in the very institution of marriage.

In Jagraj Singh v. Birpal Kaur, AIR 2007 SC 2083, this Court held that conjugal rights are not merely creature of statute but inherent in the very institution of marriage. Hence, the approach of a court of law in matrimonial matters should be “much more constructive, affirmative and productive rather than abstract, theoretical or doctrinaire”. … Continue reading Conjugal rights are not merely creature of statute but inherent in the very institution of marriage.

National Human Rights Commission vs State Of Gujarat & Ors [ALL SC 2009 MARCH ]

KEYWORDS:- SIT- WITNESS PROTECTION -FAIR TRIAL- COURT DIRECTIONS : (a) Ensuring safe passage for the witnesses to and from the court precincts. (b) Providing security to the witnesses in their place of residence wherever considered necessary, and (c) Relocation of witnesses to another state wherever such a step is necessary. IN THE SUPREME COURT OF … Continue reading National Human Rights Commission vs State Of Gujarat & Ors [ALL SC 2009 MARCH ]

Rights of an intermediary under West Bengal Estate Acquisition Act 1953

under section 6 of the West Bengal Estate Acquisition Act 1953 Right of  intermediary  to retain certain lands:- (1) Notwithstanding anything contained in sections 4 and 5, an intermediary shall, except in the cases mentioned in the proviso to sub-section (2) but subject to the other provision to  that sub-section, be entitled to retain with effect … Continue reading Rights of an intermediary under West Bengal Estate Acquisition Act 1953

The Court tried to read the Human RIGHTS position in the context of adverse possession , which is commendable.

In Karnataka State Financial Corporation Versus N. Narasimahaiah and OTHERS [AIR 2008 SC 1797 : (2008) 4 SCR 853 : (2008) 5 SCC 176 : JT 2008 (4) SC 183 : (2008) 4 SCALE 473] Supreme court Held : Right of property, although no longer a FUNDAMENTAL right, is still a constitutional right. It is also human right. … Continue reading The Court tried to read the Human RIGHTS position in the context of adverse possession , which is commendable.

Right to succession/inheritance of a property cannot be negatived without any law to that effect by categorically providing a statutory provision for such extinction of succession right

Right to property is a basic right which could be considered as emanated fundamental right under Article 21 of the Constitution of India, if we extend the meaning of the word “life” so far as land property is concerned of any raiyat due to reason that livelihood of majority persons living in rural India are … Continue reading Right to succession/inheritance of a property cannot be negatived without any law to that effect by categorically providing a statutory provision for such extinction of succession right

Protecting the Intellectual Property Rights

Intellectual Property Rights Illegally Downloading Music Open Source Software Licences Passing Off Claiming Royalties Art Work Self Publishing Versus Publishing House Copyright Copyright The Basics Copyright Infringement Remedies for Copyright Infringement Who can Claim Copyright Infringement? Criminal Liability for Copyright Infringement Copyright Tribunals Can Ideas be Protected by Copyright? What are Moral Rights? How long … Continue reading Protecting the Intellectual Property Rights

Judicial Opinions, Statutes and Government Rules-Regulations are not Copyright Protected in United state of America [USA]

Wheaton vs Peter, 33 U.S, 991, 668 [1834] was the first copyright case in the United States till held good law and continuing as quoted in the recent decisions. Case Title Citation Year Vote Classification Subject Matter Opinions Statute Interpreted Summary of Opinions Wheaton v. Peters 33 U.S. (8 Pet.) 591 1834 5 – 2 Substantive Copyrightability/Common law Copyright/Formalities … Continue reading Judicial Opinions, Statutes and Government Rules-Regulations are not Copyright Protected in United state of America [USA]

Human Rights Bodies PAST AND PRESENT OF THE UNITED NATIONS

Charter-based bodies Human Rights Council Universal Periodic Review Commission on Human Rights (replaced by the Human Rights Council) Special Procedures of the Human Rights Council Human Rights Council Complaint Procedure Treaty-based bodies There are ten human rights treaty bodies that monitor implementation of the core international human rights treaties: Human Rights Committee (CCPR) Committee on … Continue reading Human Rights Bodies PAST AND PRESENT OF THE UNITED NATIONS

Under  Mohammedan Law Option of puberty is a right available to repudiate a woman’s marriage

Under  Mohammedan Law Option of puberty is a right available to repudiate a woman’s marriage—if it occurred while she was a minor, which include a marriage contracted for her by her father or grandfather. A boy or girl who has not attained puberty is not competent to enter into a contract of marriage, but he or she … Continue reading Under  Mohammedan Law Option of puberty is a right available to repudiate a woman’s marriage

Preparation or revision of record-of-rights under the West Bengal Land Reform Act 1955

West Bengal Land Reform Act 1955 Preparation or revision of record-of-rights 50A. Section 50 not to apply to certain cases.—Section 50 shall not apply to any district or part of such district where Chapter VIIA has come into force for the purpose of revision or preparation of records of rights; but section 50 shall apply … Continue reading Preparation or revision of record-of-rights under the West Bengal Land Reform Act 1955

Preparation of Record-of-rights under West Bengal estate Acquisition Act 1953

CHAPTER V Preparation of Record-of-rights 39. Preparation of record-of-rights.—(1) Subject to the provisions of sub-section (4), the State Government may, for carrying out the purposes of this Act make an order directing— (a) that a record-of-rights be prepared in respect of any district, or part of a district, or (b) that the record-of-rights prepared and … Continue reading Preparation of Record-of-rights under West Bengal estate Acquisition Act 1953

A citizen has a right to safeguard the privacy of his own and no one can publish anything without his consent whether truthful or otherwise and whether laudatory or critical.

Supreme Court of India in R. Rajagopal vs State Of T.N [1995 AIR 264, 1994 SCC (6) 632] observed : (1)The right to privacy is implicit in the right to life and liberty guaranteed to the citizens of this country by Article 21. It is a “right to be let alone”. A citizen has a right … Continue reading A citizen has a right to safeguard the privacy of his own and no one can publish anything without his consent whether truthful or otherwise and whether laudatory or critical.

The right to practise and the right to appear in courts are not synonymous

Apex Court decision delivered in Pravin C. Shah vs. K.A. Mohd. Ali and Another :- “18. In the above context it is useful to quote the following observations made by a Division Bench of the Allahabad High Court in Prayag Das v. Civil Judge, Bulandshahr : The High Court has a power to regulate the appearance of advocates in … Continue reading The right to practise and the right to appear in courts are not synonymous

Human Rights Resources

Human Rights Resource Center United Nations United Nation Documents  UN High Commissioner for Human Rights  International Labor Organization  UNESCO Documents  UN High Commissioner for Refugees  European Court of Human Rights  Council of Europe  Organization for Security and Cooperation in Europe  Amnesty International  Human Rights Watch  International Committee of the Red Cross  Immigration and Refugee Board … Continue reading Human Rights Resources

Joint trial arises when the rival parties claim independent action, but based on same cause of action; for enforcement of rights or obligations springing out of that cause of action

In State Bank of India V. Ranjan Chemicals Ltd. & Anr., (2007) 1 SCC 97, the Supreme Court considered the issue of consolidation of suits and observed that the question of joint trial arises when the rival parties claim independent action, but based on same cause of action; for enforcement of rights or obligations springing out of that … Continue reading Joint trial arises when the rival parties claim independent action, but based on same cause of action; for enforcement of rights or obligations springing out of that cause of action