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Sunday, March 17, 2019

second-divorce-petition-maintainable

https://www.livelaw.in/news-updates/second-divorce-petition-maintainable-143647

Monday, March 11, 2019

Now No Arrests for Admin.. WhatsApp admin not at risk - No arrests under Sec 66-A for social media posts, rules SC

Now No Arrests for Admin.. WhatsApp admin not at risk - No arrests under Sec 66-A for social media posts, rules SC http://www.tribuneindia.com/news/nation/no-arrests-under-sec-66-a-for-social-media-posts-rules-sc/57893.html

The Supreme Court struck down Section 66-A of the Information Technology Act, 2000, on Tuesday.

Pronouncing their verdict on a PIL filed against the section in a packed courtroom, which empowers the police to arrest a person for allegedly posting ‘offensive materials' on social networking sites, a Bench of Justices J Chelameswar and RF Nariman said the section violated the fundamental right to freedom of speech and expression and was therefore was illegal.

Terming liberty of thought and expression as "cardinal", the Bench said: “The public's right to know is directly affected by Section 66-A of the Information Technology Act."

"Section 66-A of the IT Act is struck down in its entirety," said the apex court bench of Justice J. Chelameswar and Justice Rohinton Fali Nariman.

"Our Constitution provides for liberty of thought, expression and belief. In a democracy, these values have to be provided within constitutional scheme," said Justice Nariman, pronouncing the verdict.

"There is no nexus between public order and discussion or causing annoyance by dissemination of information. Curbs under Section 66A of the IT Act infringes on the public right to know."

Calling the written word of the provision, which comprises terms such as ‘"annoying", "inconvenient" and "grossly offensive", vague, the apex court said: “What may be offensive to a person, may not be offensive to others".

The assurance given by one government was not binding on its successor, the Bench said. "Governments come and go but Section 66-A will remain forever," the bench said.

The SC, however, refused to strike down two other provisions of the IT Act that provide blocking of websites.

.https://www.tribuneindia.com/mobi/news/nation/no-arrests-under-sec-66-a-for-social-media-posts-rules-sc/57893.html

Sunday, March 10, 2019

Wife granted opportunity to prove additional documents not available during trial for maintenance under S. 125 CrPC*

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*Wife granted opportunity to prove additional documents not available during trial for maintenance under S. 125 CrPC*

*Delhi High Court:* Sanjeev Sachdeva, J. disposed of a petition filed in a matrimonial dispute by allowing the petitioner (wife) to prove additional documents in the matter of an application seeking maintenance from the respondent (husband) under Section 125 CrPC.

Earlier, the trial court had dismissed the wife’s application on the ground that she was not able to establish that she withdrew from the society of her husband for a reasonable cause. The trial court noticed that no evidence was placed on record to substantiate the allegations of cruelty against the husband made by the wife.

R.K. Narang, Advocate for the wife prayed to prove copies of several complaints made to various authorities and also medical records showing injuries caused by the husband. It was submitted that these documents, which were not available with the wife during the trial, had now been obtained from the authorities concerned. Per contra, Akhilesh Kr Singh, Advocate appearing for the husband submitted that the complaints were false and frivolous.

Keeping in view the entirety of the case, the High Court set aside the impugned judgment of the trial court. The wife was granted an opportunity to file and prove the additional documents before the trial court. She was also permitted to summon the record from the authorities where original of such documents may be available. As, consequently, trial court’s order fixing interim maintenance stood received. [Beena Kumari v. Manoj Kumar, CRL. RP No. 50 of 2019, dated 21-02-2019]
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If, on refusal of marriage, any girl or boy commits suicide, it will generate huge number of litigations of offence punishable under Section 306

"If, on refusal of marriage, any girl or boy commits suicide, it will generate huge number of litigations of offence punishable under Section 306 of the Indian Penal Code."

https://www.livelaw.in/news-updates/mere-refusal-to-marry-is-not-instigation-to-commit-suicide-hc-chhattisgarh-143376

Friday, March 1, 2019

surrogate-mother-is-also-entitled-to-maternity-leave-delhi-high-court

https://www.google.co.in/amp/s/www.livelaw.in/amp/surrogate-mother-is-also-entitled-to-maternity-leave-delhi-high-court/