Lawwatch

A Divorced Woman can claim Remedies under D V Act

A divorced woman, who files an application before the Magistrate court as an aggrieved person under the Protection of Women from Domestic Violence Act, 2005 (D V Act), can claim a bunch of remedies, except residence in a shared household.

However, no court appears to have allowed residence in a shared household to a divorced woman so far.

A Stay Order will expire within Six months

Supreme Court reiterates its decision

A three judge bench of the Supreme Court (SC), in an order passed on 15th October 2020 in Asian Resurfacing Of Road Agency & another v Central Bureau Of Investigation, reiterated that any stay order granted by any court sub ordinate to the SC, including the High Court, in civil or criminal proceedings will automatically expire within a period of six months unless it is granted extension for good reasons within the six month period. The speaking order for extension should show that the case was of such exceptional nature than having the trial finalized.

The SC issued this order when an Additional Chief Judicial Magistrate, Pune, stated in an order that the Complainant should move an application before the High Court to resume the trial and the lower court could not pass any order which had been stayed by the High Court, Bombay.

Testimony of a Related Witness is Reliable in Evidence

The testimony of a related witness, if it is found to be truthful, can be relied on for conviction of the accused.

This is what a three judge bench of the Supreme Court (SC) held in Karulal v State of MP (Criminal appeal No 316 of 2011) while dismissing an appeal against the high court judgement in a murder case and upholding the conviction of the five accused persons.

The SC held that being related is not a reason to conclude that the accused is falsely implicated and stated, “In any case, being related to the deceased does not necessarily mean that they will falsely implicate innocent persons.

Need for Legalising Prostitution in India

Need for legalizing prostitution

Prostitution is a consensual sexual activity in exchange for remuneration between two consenting adults.

The police and the people in India at large think that prostitution, particularly the one involving exchange of money, is a criminal activity. They act upon any incidence of prostitution and the prostitute in accordance with their misunderstanding. This in effect causes different sorts of human right violation and unlawful aggression. In fact, prostitution is not a criminal offence in India.

Statistics shows that there are over two million sex workers many of whom are children below 18, in India. Of course, sex with children is a criminal offence.

The need for decriminalizing prostitution is a much debated topic worldwide. Many countries in the world have not only decriminalized prostitution but have legalized it.

SC Guidelines to Speed up Cheque Cases

Some guidelines have been issued by the Supreme Court (SC) in speeding up cheque cases, in a judgement delivered on 5th March 2020 in Makwana Mangaldas Tulsidas v State of Gujarat and Ors.

Consumer Protection Act 2019 in a Nutshell

The Consumer Protection Act, 2019 replaced the three decade old Consumer Protection Act of 1986.

The new act brings in some substantial changes beneficial to the consumer by adding more remedial measures and expanding the operation of the act in areas like online selling as well. The transactions through electronic means or by tele-shopping or direct selling or multi-level marketing have come under the purview of this act. The act has come into effect on 20th July 2020.

Consumer includes Beneficiaries of Insurance Policy

Introduction

The seminal question whether a beneficiary of an insurance policy, who has not paid any premium to the insurance firm but uses the services under the insurance with the policy holder’s due approval, comes under the definition of consumer under the Consumer Protection Act 1986 is made clear by the Supreme Court (SC) early in 2020.

In Canara Bank v United India Insurance Co & others delivered on 6th February 2020, the SC declared that the beneficiary of insurance policy would come within the definition of consumer under the Act, if the insurance service is used by the beneficiary with due approval of the policy holder. This has been made clear by interpreting Section 2(1) (d) of the Act.

Contempt of Court Act in a Nutshell

Concept of contempt of court

The concept of contempt of court came into existence in India with the enactment of the Constitution of India. By including the concept the Constitution puts some restrictions on the freedom of speech and expression, and the personal liberty it otherwise guarantees.

The Article 129 of the Constitution confers on the Supreme Court (SC) the power to punish when there is an instance of contempt of itself. The Article 215 confers a corresponding power on the High Court as well.

The Contempt of Courts Act, 1971, gives statutory backing to the measures to address contempt of court. The act is intended to safeguard the status and dignity of the courts in the interest of justice dispensation.

Right of a Hindu Woman in the Ancestral Property

Introduction

The Hindu Succession Act, 1956 (HAS), in its original form did not give the daughter of a coparcener equal right to the ancestral property as that of a son. Therefore the act was amended in 2005 to counter balance the gender. After the amendment, the daughter of the coparcener in a Hindu Undivided Family (HUF) has got equal rights, liabilities, and duties as her brothers. Hence any ancestral property has to be shared equally among all coparcenary members including women since 2005. The amendment came into effect on 9th September 2005. The marital status of the daughter also does not make any difference in their right over their undivided family property.

However the 2005 amendment of the act left some confusion and the courts started issuing conflicting judgments in regard to the woman’s right. Among those judgments the Prakash v Phulavati judgment in 2015 and the Danamma v. Amar judgment in 2018 are the most crucial ones.

Defamation Law & how to approach it

What is meant by defamation?

Defamation essentially is making or publishing any Imputation to harm the reputation of a person or body. It is a dishonest false statement to discredit or put disrepute a person or body.

In examining the issue of defamation, a person’s character is considered quite different from his reputation. Character is what a man is, but reputation is what he is supposed to be in the eyes of the people or what people say he is. The former depends on the actual attributes he possesses but the latter rests on the attributes which others believe him to be in possession of. In short, a man’s opinion of himself cannot be called his reputation.

Defamation, according to IPC, is making or publishing any imputation concerning any person to harm the reputation of such [person. It can be in written, oral, sign, or graphical form. It must be made knowingly and believing that it will harm the reputation of the person against whom it is made.