Bar & Bench - Live Threads
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Live Threads from Courts, Speech and Law Events. See @barandbench for legal news from all Courts in India
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Supreme Court hearing PIL against content by stand up comedian Anubhav Singh Bassi
Justice Sanjay Kaul: Do you not have something better to do?
#SupremeCourt
#SupremeCourtofIndia
@bas_kar_bassi
22
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641
[Mentioning]
Senior Advocate Rakesh Khanna mentioned a plea for postponement of NEET exam 2022 which is scheduled for May 21.
Bench: Do you want the postponement?
Khanna: Yes, a little bit.
Bench: How can we postpone a national exam? We will list it for hearing first.
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#SupremeCourt
#CourtroomExchange
Bench asking if counsel want adjournment.
SG Tushar Mehta: Mr Dave's arguments will be pedestrian. Ok saying it to his face, people say this outside.
Sr Adv Dushyant Dave: I take strong objection. Mr Mehta, you're a disgrace to the SG office
12
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Supreme Court full-court reference in honour of late former CJI AM Ahmadi
CJI Chandrachud: Justice Ahmadi was not one to shy away from writing a dissent.
#SupremeCourt
#SupremeCourtofIndia
7
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247
Advocate J Said Deepak begins his submissions for Men Welfare Trust.
#DelhiHighCourt
#MaritalRape
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Adv Farhat Warsi who is Petitioner in person: in Bas Kar Bassi he has defamed the judiciary, legal profession and lawyers.
Justice Kaul: And you are practicing for 20 years you say?! Dismissed. Not a matter for Article 32.
#SupremeCourt
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#SupremeCourt
#CourtroomExchange
A counsel: Apologies for my colourful hair it is because of Holi. This is the problem of having lot of kids and grandkids around.
CJI: Nothing to do with the alcohol eh? (Smiles)
Counsel: Haha, that too. I am a fan of whiskey. It is daunting my
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#SupremeCourt
while delivering a judgment restoring a conviction comes down on two-finger test being conducted on survivor
Justice Chandrachud reads: Evidence of a victim's sexual history not material to case. It is regrettable that it continues to be conducted even today.
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#SupremeCourt
#CourtroomExchange
Sr Adv Dushyant Dave: Why are my lordships are in a hurry to dispose this when ct 1 is seized of the larger matter? I seriously object.
Justice Shah: At fag end of my career do not make me say anything about you. Argue on merits.
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Counsel: Can we get a date for the NEET matter? Can it be taken up on 24th?
Justice Chandrachud: We'll try to accommodate.
Counsel: Maybe interim order regarding admissions can be made.
Justice Chandrachud: Yes, yes.
#SupremeCourt
#NEET
#NEETPG
#ReservationinNEETPG
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#SupremeCourt
#CourtroomExchange
Bench hearing a matrimonial dispute matter
Justice Nagarathna to counsel for wife: You say you want marriage to continue on one hand, and on the other you file 498a (cruelty case) and then come here when anticipatory bail granted.
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CJI: There used to be a lot of mutual respect between the government and the opposition. Unfortunately the space for opposition is diminishing. We are witnessing laws being passed without detailed deliberation and scrutiny.
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Deepak: A challenge to a legislation cannot be mounted on two ground. One that it is inadequate in view of the petitioner. Second, if there are two views possible in respect of a situation, it does not rise to the level of unconstitutionality.
#DelhiHighCourt
#MaritalRape
4
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Bombay High Court to hear on July 5 the plea by Former RS member and BJP leader Subramaniam Swamy challenging the Pandharpur Temples Act (PTA) of 1973.
@Swamy39
@CMOMaharashtra
#BombayHighCourt
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#SupremeCourt
#CourtroomExchange
Counsel asks for adjournment: I'm proxy counsel. Not prepared.
Justice Chandrachud: All proxy counsel are deemed arguing counsel. Begin. Your client is 81 years old and behind bars for 11 years. And you want adjournment. Read the papers ...
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#SupremeCourt
to hear a plea by BJP leader Subramanian Swamy and advocate Satya Sabharwal seeking probe into the role of RBI officials in various banking and financial scams.
#SupremeCourtofIndia
@Swamy39
@satyasabharwal
#rbi
#reservebankofindia
#scam
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Dave: You're a political appointee and function like one.
Justice Gupta: Don't get tempers high.
SG: I'm not.
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Deepak: I will finish the legal aspect first and then come to social aspect.
#DelhiHighCourt
#MaritalRape
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CJI NV Ramana: India was meant to be a parliamentary democracy and not a Parliamentary government.
#Rajasthan
#Democracy
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Deepak: My first argument in on the issue of jurisdiction and then I will elaborate on whether the provision is illegal on the anvil of Article 14 and 21.
#DelhiHighCourt
#MaritalRape
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Deepak: The first argument is that this is not a situation where your interventions are being sought in absence of law. Unlike the Vishaka case there is no legal vacuum.
#DelhiHighCourt
#MaritalRape
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#MadrasHighCourt
hears PILs challenging Tamil Nadu govt's Gold monetization scheme which was announced in the Legislative Assembly recently, whereby unutilised
#temple
jewellery was proposed to be melted into gold bars.
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Deepak: International instruments also speak of gender neutrality. We recognise there are more genders. Rape is not related to one particular gender.
#DelhiHighCourt
#MaritalRape
@jsaideepak
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Deepak: To crudely summarise it, an appellate court can typically interfere when there is a gross wrong. Similarly a Constitutional Court can get into Constitutionality if there is a manifest or glaring arbitrariness.
#DelhiHighCourt
#MaritalRape
1
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Senior Advocate
@PWilsonDMK
appears before a Supreme Court Bench of Justices DY Chandrachud & Surya Kant: I request Your Lordships to continue this virtual hearing till regional benches, I can see the diversity!
DYC: Yes yes. It is a pleasure to have you.
#SupremeCourt
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Deepak: Even in 376B the word rape is not used. It speaks of intercourse without consent.
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Supreme Court hearing plea by AAP leader Sanjay Singh seeking bail and challenging his arrest and remand in connection with Delhi excise policy scam case.
#SupremeCourt
#SupremeCourtOfIndia
@SanjayAzadSln
@AamAadmiParty
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#BombayHighCourt
asks
#Maharashtra
govt to inform by tomorrow if they are willing to withdraw circular permitting only fully vaccinated persons to travel in public transport.
@CMOMaharashtra
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Deepak: Therefore their primary grouse is Consent has been treated differently in a marriage and therefore this alone should render the legislation unconstitutional. And the existing remedies are insufficient therefore there is a gap which needs to be filled in.
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Kapoor: The example of sex worker cited is also wrong. There is no emotion relationship there. It cannot be limited to just one event of consent for sexual relationship. There is totally different concept.
#DelhiHighCourt
#MaritalRape
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#SupremeCourt
hearing PIL by BJP leader
@AshwiniUpadhyay
challenging, among others, validity of National Commission for Minorities Act and seeking Minority status for Hindus in 8 States.
#law
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Deepak: In Vishaka Court, powers of Supreme Court were used which are not available to your lordships.
#DelhiHighCourt
#MaritalRape
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Deepak: There needs to be an understanding of big picture. The IPC specifically chooses to carve out a chapter to deal with offences in the confines of marriage.
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The Karnataka HC to shortly pass order in plea seeking Sadhguru Jaggi Vasudev's Isha Foundation to not collect funds from the public for its Cauvery Calling project.
@SadhguruJV
@ishafoundation
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Kapoor: Sexual relation between husband an wife cannot be labelled as rape and at worst it can be called sexual abused only. This is clear from definition under DV Act 2005.
#DelhiHighCourt
#MaritalRape
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Deepak: My clients certainly are not against recognising spousal sexual violence. In fact, they clearly have said they are not against recognition. They are saying this is a special treatment accorded in other jurisdictions as well.
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The matter was mentioned before the bench headed by Justice DY Chandrachud.
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Deepak: On the contrary here the legislature has taken a position that is contrary to the petitioners. The only basis on which this position can be struck down if there is unconstitutionality.
#DelhiHighCourt
#MaritalRape
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Kapoor: Wife cannot compel the parliament to prescribe a particular punishment against husband to satisfy her ego. The only difference between 376 and DV act is the quantum of punishment.
#DelhiHighCourt
#MaritalRape
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Deepak: The idea is to try and protect the institution of marriage so that there are not any deleterious or psychological impact on the use of word rape.
#DelhiHighCourt
#MaritalRape
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Gujarat High Court Chief Justice Sunita Agarwal says she would not allow lawyers to seek adjournments based on "leave/sick notes" in fresh matters.
"Please put a notice on the board saying we will not adjourn a fresh matter merely on a leave/sick note," CJ Agarwal told her
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Deepak: The first point I am trying to make is Vishaka, 377 or Naz Foundation judgment were different. What is being sought here is very very different.
#DelhiHighCourt
#MaritalRape
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#SupremeCourt
#CourtroomExchange
Couple seeking divorce, both software engineers.
Justice BV Nagarathna: Bangalore should not be a place for such frequent divorces. Software engineers, do not have time for each other. One works in the day, other at night, no communication.
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Bombay High Court is hearing plea seeking relaxation of 75% eligibility for the IIT JEE Mains exams.
#BombayHighCourt
@DG_NTA
#JEEMain2023
23
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Supreme Court grants bail to M3M directors Basant and Pankaj Bansal in money laundering.
Sets aside Punjab & Haryana HC order refusing to quash arrest and remand by ED.
#SupremeCourt
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J Shakdher: MWT should start that campaign.
Deepak: MWT were the first to move in that direction apart from asking for gender neutral. When we asked for gender neutral laws, the courts said this the domain of legislature.
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#SupremeCourt
#CourtroomExchange
Junior counsel: Kindly adjourn, senior counsel is not here today.
Justice Nagarathna: So it is an opportunity for you, argue. We would like your assistance.
Counsel: Not familiar with the facts...
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Deepak: Your lordships can certainly issue advisory as to what the Court things... I choose to differ with my lords that it is a social issue. Every law is a social policy.
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Former Chief Justice of India Uday Umesh Lalit to shortly speak as part of the launch of a report on 'The Use and Misuse of Section 144 CrPC'.
Follow this thread for live updates.
@abhinavsekhri10
8
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79
Supreme Court to shortly hear plea by comedian Munawar Faruqui challenging proceedings against him in connection with a case of allegedly hurting religious sentiments.
@munawar0018
#law
#bail
#comedy
#MadhyaPradesh
#Indore
#SupremeCourt
6
22
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Allahabad High Court to hear a plea contending that
@RahulGandhi
is disqualified from holding the office of Member of Parliament as he is “not a citizen of Bharat, but rather a citizen of Britain”.
A Bench of Justice Alok Mathur and Justice Arun Kumar Singh Deshwal will hear the
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Deepak: Will is the superset which is mental state and consent is the verbal. In certain instances even if there is no will, consent manifests as the consequence of relationship. LIke 376C is the situation where will is absent but consent is present.
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J Shakdher: Am I to understand that if there is something we can do anything but if there is nothing we can't to anything.
Deepak: In this case, if E 2 were to be struck down, it creates and enlarges the existing offence.
#DelhiHighCourt
#MaritalRape
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#SupremeCourt
#CourtroomExchange
Bench was hearing a criminal appeal
Justice Gavai: This is perverse. Such a long order, Karnataka (HC) seems to be following Gujarat. Total reassessment of evidence at appellate stage. Is this permissible?
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Deepak now refers to Madras Bar Association v UOI judgment.
Deepak: The Independent Though judgment was where an obvious lacunae was being removed. It was not creating a new offence either. There was a lacunae that was being filled.
#DelhiHighCourt
#MaritalRape
1
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#SupremeCourt
is hearing a bail plea preferred by a 61-year-old woman accused of carrying 'heroin'
Advocate: I have been behind bars for more than a year and no useful purpose would be served in keeping me behind bars.
Ravikumar J: Useful purpose would be served, you are found
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Hearing in Justice AM Khanwilkar's court
Sr Advocate Dushyant Dave: Please allow me to argue first. I have a flight to Delhi in 15 minutes
J. Khanwilkar : well we have heard lawyers argue from cars & if one wants to argue in flight, we can have that too (smiles)
#supremecourt
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Justice Hima Kohli: It's a double murder. How many FIRs arethere?
Counsel: Only 14.
Justice Kohli: Only?
#courtroomexchange
#supremecourt
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J Shakdher: How many years has this provision been on statute? If no one moves then where to people go?
Deepak: This is the central question that if the legislature moves at snail's pace and what is the judiciary expected to do?
#DelhiHighCourt
#MaritalRape
1
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Deepak: Rape between two rank strangers and institution of marriage cannot be the same. That is the intelligible differentia. Someone can say I disagree with it but that does not amount to unconstitutionality.
#DelhiHighCourt
#MaritalRape
@jsaideepak
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Deepak continues.
He cites a judgment of Anuja Kapoor v Union of India by Delhi HC.
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#JUSTIN
: Madras High Court directs that no decision on melting or disposal of jewelry or any valuable which forms part of offerings at temples should be taken without the Trustees being first appointed to the temples.
#HinduTemples
#MadrasHighCourt
#TempleGold
2
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Supreme Court to shortly hear plea seeking postponement of NEET-PG 2023.
#NEETPG2023
#neetpg23postponment
#SupremeCourtOfIndia
#SupremeCourt
6
10
74
Supreme Court to shortly hear plea regarding long gap between NEET PG exam and counselling dates.
#SupremeCourt
#NEETPG2023
#SupremeCourtOfIndia
3
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71
Gujarat High Court Chief Justice Sunita Agarwal, warns a party-in-person, of imposing Rs 500 for each civil application, he files.
Bench led by the Chief Justice, noted that the Litigant has filed over 100 civil applications in his main petition highlighting the rampant
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J Sai Deepak now says he is appearing for Men Welfare Trust and would like some time to make submissions.
Bench: Wait your turn.
#DelhiHighCourt
#MaritalRape
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Deepak: The question is that there is a live issue and legislature has not acted. But if that becomes a reason for judiciary to cross a line then it becomes a very dangerous precedent. It will have a very difficult trickle down effect.
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#SupremeCourt
#CourtroomExchange
An advocate used the word 'ya' to indicate yes
Justice Nath: What is this 'ya'? You are in a court. At least say yes.
5
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Orissa High Court holds Full Court Reference to bid farewell to Chief Justice Dr. S Muralidhar who retires today.
Justice Subhasis Talapatra, the next senior most Judge of the High Court speaks. He takes the gathering through important judgments rendered by CJ Muralidhar.
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#SupremeCourt
#CourtroomExchnange
Bench was hearing a PIL against the Ram Mandir at Ayodhya
Petitioner in person: It is violation of secularism
Justice Mehta: What fundamental rights violation?
Justice Gavai: Dismissed.
Petitioner: it is public interest
SC: Publicity
5
25
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Court addressing the issue of people filing Interventions and sending documents through mails.
"You can't just bombard us with mails. The minimum courtesy you can show to us is that ask for our leave to file these documents," J Shakdher.
#DelhiHighCourt
#MaritalRape
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CJI: let me make it clear that we (judiciary) is answerable to the constitution and constitution alone. To ensure checks and balances envisaged in constitution we need to promote constitutional culture in India.
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Deepak: If the red line is that the government is answerable and status reports are to be presented before this court, I have no issues. Serious checks and balances are to be created. The existing law has been misused so much.
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#SupremeCourt
to hear plea by comedian Munawar Faruqui challenging proceedings against him in connection with a case of allegedly hurting religious sentiments.
@munawar0018
#law
#bail
#comedy
#MadhyaPradesh
#Indore
13
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Deepak: These are the four distinct situation. Therefore there is an intelligible differentia in the manner in which these offences are treated.
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#SupremeCourt
to hear plea seeking disclosure of data related to vaccine trials and challenging the constitutional validity of vaccine mandates
#vaccines
#COVID19
@pbhushan1
2
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Deepak now cites SC judgment of Saregama India Ltd v Next Radio Ltd and Ors
#DelhiHighCourt
#MaritalRape
1
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#SupremeCourt
#CourtroomExchange
Bench hearing encroachment case
Adv Prashant Bhushan: We have been living for 45 years. They gave us electricity connections.
Justice Khanna: Unauthorised constructions will be there since you do not own the land. But there can be no title by
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#SupremeCourt
#CourtroomExchange
CA aspirant who pasted study material in answer sheet moves Court for relief
Petitioner: It was not just pasted it was contextual.
Justice BR Gavai: Okay we are also giving a contextual dismissal. You pasted instead of answering.
5
10
66
A party-in-person requests a bench led by Chief Justice Sunita Agarwal to provide him the service of the Gujarat High Court's in-house Translators, for translating a judgment in his matter.
CJ : I am sorry, our translators are already over burdened. They are working on a
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SC: We'll consider. Issue notice.
Swamy: Much obliged. status report may be filed.
SC: let them reply
#SupremeCourtOfIndia
4
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CJI: Please remember you all might have become millionaires and billionaires but you need peace to enjoy the wealth. Your parents back home should also be able to live in a peaceful society which is free from hate and violence.
10
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Deepak: Whether consent five minutes before or after the marriage what does it matter, a lot of things come into picture. Marriage has changed everything.
#DelhiHighCourt
#MaritalRape
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Kappor: Husband can be prosecuted under several other section like 323, 324... 498A, 506, 509 IPC and DV Act, 2005 where cruelty includes physical and sexual abuse.
#DelhiHighCourt
#MaritalRape
4
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Bar Council of India to shortly hold a felicitation event to honour 50th Chief Justice of India Justice DY Chandrachud
#BCI
#SupremeCourt
7
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Court waits for a lawyer to join a hearing. Opposing counsel says he will call the lawyer.
CJ (lighter vein): Tell him his suit has been dismissed. He will hurry.
#MadrasHighCourt
#CourtroomExchange
1
8
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#SupremeCourt
passes directions in case pertaining to undertrials remaining in jail due to not bring able to fulfill bail conditions.
Order: States to give data about such convicts in a chart within 15 days. NALSA to provide all assistance including legal aid.
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62
Deepak: The point that I wish to make is that there are three gradation of sexual offences. First is by a rank stranger and 375 is the provision in relation to that. Second is a person who enjoys a relation of authority and that is under 376C.
1
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57
SG: Assume that I am earning 1 lakh per month!
Bench: 1 lakh per month? Say 1 lakh per day or 1 lakh per hour!
SG: I am a law officer my lords! I always tell my friends from other side, that lets swap cases and i can just take just your clerkage charges!
(everyone laughs)
3
10
62
#SupremeCourt
hearing plea related to delay in approving names for elevation proposed by the Collegium.
Justice Kaul: It appears that the government is unhappy that the NJAC did not pass Constitutional muster. Situation cannot be that you hold the names for long.
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57
CJI Ramana receives the doctor of laws (honoris causa) degree in the presence of Telangana Governor Dr Tamilisai Soundarajan.
#CJINVRamana
#cji
@DrTamilisaiGuv
3
11
58
#MadrasHighCourt
hears PIL regarding rising Non-Performing Assets (NPAs) in India.
CJ: Do you know what is the extent of NPAs in the country?
Lawyer: Almost 11 lakh crore, or 1.1 lakh crore (Lawyer says he has to re-check)
CJ: 114 lakh crore! You are short by a zero.
1
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60
Senior Advocate Menaka Guruswamy will soon be delivering the Dr. TK Ramachandran Memorial Lecture on the topic "INDIA: Her Constitution's Country"
@MenakaGuruswamy
1
7
60
Supreme Court to shortly hear plea by comedian Munawar Faruqui challenging proceedings against him in connection with a case of allegedly hurting religious sentiments.
@munawar0018
#law
#bail
#comedy
#MadhyaPradesh
#Indore
#SupremeCourt
3
18
56
Deepak: The petitioners' submission is fundamentally flawed from statutory perpective and social perspective.
1
14
55
Supreme Court hearing PIL seeking creation of a National Commission to look into suicides among married men.
#SupremeCourtofIndia
#SupremeCourt
#PIL
#MensHealth
#mensmentalhealth
26
20
57
Supreme Court hearing plea by Sanjiv Bhatt alleging unfairness in drug planting case against him.
#SupremeCourt
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