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Gautam.Bhatia

Gautam.Bhatia

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Previously on this blog, we have extensively discussed sex equality under Articles 14 and 15 of the Constitution. Today, while reading Flavia Agnes’ book, Law and Gender Inequality, my curiosity was piqued by reference to the case of Ambika Prasad Mishra...
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In a recent judgment dealing with the Domestic Violence Act, the Supreme Court, while dealing with the concept of stridhan, observed:“The next issue that arises for consideration is the issue of limitation. In the application preferred by the wife, she was claiming...
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At the heart of the Supreme Court’s upholding of criminal defamation is the argument that the right to freedom of speech under Article 19(1)(a) must be “balanced” against the right to “reputation” under Article 21 (as I pointed out in...
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In common law, a judgment that is per incuriam has no legal force or validity, and does not count as precedent. Classically, per incuriam is a very narrow concept, applicable only in two circumstances: to a judgment that is passed in ignorance of a relevant statutory...
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(In this Guest Post, Udit Bhatia, a doctoral candidate at the University of Oxford, examines the question of anti-defection laws, in light of the recent political and legal tussle in Uttarakhand)—The anti-defection law, introduced by the 52nd amendment to the Indian...
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In a judgment delivered today, a two judge bench of the Supreme Court rejected the constitutional challenge to criminal defamation, and upheld the validity of Sections 499 and 500 of the Indian Penal Code. The opinion was written by Justice Dipak...
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In a judgment handed down today, the Supreme Court held that the de-boarding of a disabled passenger from a Spice Jet airplane was illegal and violated her rights. It also issued some guidelines with respect to the treatment of disabled...
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(In this guest post, criminal law specialist Abhinav Sekhri examines the concurring opinion of Gupte J., which struck down Section 9B of the Maharashtra Animal Preservation Act (the reverse burden clause)—In a post yesterday, the Resident Author of this Blog...
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Earlier this week, a Constitution Bench of the Supreme Court handed down a unanimous judgment (with a majority and concurring opinion) in the case of Modern Dental College vs State of Madhya Pradesh. The Petitioner’s had challenged the constitutional validity of...
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In a significant judgment delivered yesterday, the Bombay High Court struck down Sections 5D and 9B of the Maharashtra Animal Preservation Act, while upholding the other provisions of the act. Section 5D penalised the possession of beef, even if it...
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Last week, the Indian Express reported that in proceedings before the Supreme Court, the Additional Solicitor General was asked by the bench about how the State planned to regulate “explicit” pictures on condom packets. The case seems to have arisen out of...
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The final version of the Maharashtra Protection of People from Social Boycott (Prevention, Prohibition and Redressal) Act of 2016 contains a few key departures from the draft bill (available here) The most important is the scope of the word “victim”...
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April 17, 2016 · 6:52 am Last month, Punjab passed the Indian Penal Code (Punjab Amendment) Act, which inserts a new Section 295AA into the IPC. 295AA, according to reports, prohibits “sacrilege” to the Guru Granth Sahib, and imposes life...
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(The following post is based on my understanding of how oral arguments progressed in Court, since I do not have access to the pleadings. Pointing out of errors would be very welcome)—Arguments in the Sabarimala Temple Entry case are underway...
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Previously on this blog, we have discussed how Article 15(2) of the Constitution, which guarantees non-discriminatory access to shops, public restaurants, hotels etc., has been read expansively by the Supreme Court to cover the domain of economic transactions more generally,...
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