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EXPLAINED LAW NEWS - Page 24
As Article 370 hearings begin in the Supreme Court, question of the ‘temporary’ provisionSubscriber Only
August 3, 2023 11:05 IST
Article 370 is in Part XXI of the Constitution, titled “Temporary, Transitional and Special Provisions”. Article 370 is titled “Temporary provisions with respect to the State of Jammu and Kashmir”.
Patna HC upholds Bihar caste-based survey: Why it was challenged, what the court saidSubscriber Only
August 3, 2023 10:40 IST
Going back on its May ruling, the Patna High Court on Tuesday upheld Bihar government’s caste-based survey, terming it as “perfectly valid”. We go through the legal aspects of the case.
SC extends ED chief’s term till Sept 15 in ‘national interest’: what is the case, what has court said previously?Subscriber Only
July 28, 2023 10:19 IST
The Centre had approached the SC seeking a tenure extension for Mishra till October 15. Before this, the SC had declared the two tenure extensions granted to Mishra as “not valid in law”.
What is the Biodiversity Act? What changes has the Lok Sabha cleared in the law?Subscriber Only
July 28, 2023 10:22 IST
The Biological Diversity (Amendment) Bill was passed in the Lok Sabha on July 25, bringing in a number of changes to the over 20-year old Biological Diversity Act of 2002.
Supreme Court to list marital rape petitions for hearing: What are the issues, arguments involved?Subscriber Only
July 20, 2023 10:37 IST
IPC Section 375 defines rape and lists seven notions of consent that, if vitiated, would constitute the offence of rape by a man. The crucial exemption is this: “Sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape.”
New guidelines for designation of senior advocates in the SC: What they saySubscriber Only
July 18, 2023 09:58 IST
The new guidelines prescribe the minimum age as 45 years to apply for the ‘senior advocate’ designation. This age limit may, however, be relaxed by the Committee, the Chief Justice of India, or a Supreme Court judge if they have recommended an advocate’s name.
What is the Gujarat law the L-G has approved for Delhi, which could give the police more powersSubscriber Only
July 14, 2023 11:27 IST
The proposal has been sent to the Ministry of Home Affairs. Officials said the move comes after the Delhi Police wrote to the L-G asking for a stricter law to rein in snatchers and drug peddlers.
‘Unconstitutional’, ‘assault on dignity of trans people’: Why the Telangana Eunuchs Act was struck downSubscriber Only
July 11, 2023 16:03 IST
Pointing out that the law “criminalises the entire transgender community”, a bench of the Telangana High Court struck down the law. They also directed the govt regarding welfare measures and reservation for the community.
Day-to-day Supreme Court hearings from Aug 2: The issues in challenge to Centre’s 2019 Jammu & Kashmir decisionsSubscriber Only
July 11, 2023 18:18 IST
The legal challenge to the changes in Art 370 and removal of J&K's special status involves questions on whether the President can substitute for an elected state government, and if Parliament can represent the 'political aspiration' of the people of a state.
Uniform Civil Code: Why it can impact Hindu Undivided Family’s tax benefitsSubscriber Only
July 18, 2023 09:01 IST
Hindu Undivided Family is a legal entity that allows Hindu taxpayers to claim certain benefits. If and when the Uniform Civil Code is considered, this beneficial tax treatment will be scrutinised on grounds of equality before tax law and uniformity in application across religions.
Delhi HC rejects PepsiCo’s appeal over potato patent: What the case isSubscriber Only
July 11, 2023 09:30 IST
The HC has merely faulted PepsiCo for wrongly applying for registration of FL 2027 under the category of “new variety” and giving an incorrect date for its first commercialisation. Any protection granted for a plant variety is subject to the applicant making a complete disclosure of his claimed invention/development.
Can a thumbs-up emoji signal agreement to a legal contract? Here’s what a Canadian court ruledSubscriber Only
July 10, 2023 10:23 IST
Legal cases arising out of the use and interpretation of emojis aren’t exactly unheard of, but still novel, as the meaning of an emoji can vary according to context, culture and other factors. Here are a few examples.
Standing up for National Anthem: What the Supreme Court has ruledSubscriber Only
July 9, 2023 12:12 IST
Srinagar Police posted on Twitter on Thursday that “12 persons have been generally bound down for good behaviour under sections 107/151 of CrPC”. Police clarified that “unverified news” about “14 policemen/persons” being “arrested/suspended” was “completely false”.
SC to hear pleas against abrogation of Article 370: Here’s what you need to knowSubscriber Only
July 4, 2023 11:16 IST
The court’s decision to consider these pleas comes almost four years after the erstwhile state of Jammu and Kashmir was reconstituted into the two Union Territories of J&K and Ladakh on August 5, 2019.
Affirmative action limited in US colleges: What the Supreme Court ruled, its significanceSubscriber Only
July 2, 2023 12:26 IST
Many US universities employ a highly selective admissions process that entails a student’s grades, recommendation letters, or extracurricular involvement. However, before this ruling, selection could also depend on a student's race. Here's what changes now.
Reservation for transgender community: What the demand for ‘horizontal’ reservation isSubscriber Only
July 5, 2023 18:06 IST
In the 2014 NALSA judgment, the Supreme Court ruled that transgender persons have a right to reservation, owing to the fact that they “are a socially and educationally backward class”. What has happened so far?
PM Modi pushes for Uniform Civil Code: How it can impact different communitiesSubscriber Only
July 2, 2023 09:30 IST
After the Law Commission invited views on the UCC, PM Modi has pushed for it. What does a uniform code mean, and why is it debated so hotly? What does the Constitution say about it?
Plea against ‘RSS men holding drills’ at Sarkara Devi temple: What is the caseSubscriber Only
June 29, 2023 19:22 IST
Acting on the plea, filed by “devotees” and those living near the temple, the Kerala HC recently sought the state government’s response.
Age of consent increased from 13 to 16 years in Japan: Here’s whySubscriber Only
June 25, 2023 12:07 IST
This is the first time that Japan has changed its age of consent since 1907, when the law was first enacted. Besides this, other laws have been passed: banning upskirting or photo voyeurism, specifying eight scenarios of "consentless sex crimes," and also punishing offences against minors.
Why families of Titan sub victims could still sue, despite liability waivers
June 23, 2023 12:39 IST
While all passengers signed liability waivers prior to making the journey to the bottom of the ocean, these waivers are seldom ironclad, leaving room for the victims’ families to OceanGate, the company which operated the submersible.
Law Commission seeks views on Uniform Civil Code: What is the UCC and the debate around itSubscriber Only
June 18, 2023 20:45 IST
What is a Uniform Civil Code? What is the controversy surrounding it? Why has the Opposition criticised the Law Commission in this case? We explain.
Right to change one’s name is part of the right to life: What two HCs have ruledSubscriber Only
June 16, 2023 15:00 IST
While the Delhi High Court noted that the right to identity is an "intrinsic part" of the right to life under Article 21, the Allahabad High Court said that the fundamental right to keep or change one’s name is vested in every citizen under Articles 19(1)(a), 21, and 14 of the Constitution.
Chargesheet against Brij Bhushan filed: What charges is the WFI chief facing?Subscriber Only
July 11, 2023 06:03 IST
Brij Bhushan Sharan Singh has been charged under several sections of the IPC, but is not facing charges under the POCSO Act.
Arrests in Maharashtra over Aurangzeb posts: What laws have been used, and whySubscriber Only
June 15, 2023 19:35 IST
While the 'hate speech' laws have been used liberally for making arrests, the Supreme Court has laid down several safeguards against their misuse. Here is what the laws say, and the checks on them.
Why a 2014 Arunachal Pradesh law is facing opposition, legal challengeSubscriber Only
June 14, 2023 10:40 IST
The APUAPA was notified in 2014 “to provide for more effective prevention of certain unlawful activities of individuals and associations.”
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