Kerala High Court Legal News Stipulation of minimum period of separation of one year for the purpose of filing a divorce petition by mutual consent under Section 10A of Divorce Act (Christian Law) is violative of fundamental right and is declared unconstitutional.: Kerala High Court A Division Bench of the Kerala High Court declared Section 10A of Divorce Act unconstitutional as it found the fixation of the minimum period of separation of one year as stipulated under Section 10A is violative ...

Supreme Court Legal News Power under S. 319 of CrPC for summoning additional accused when the trial with respect to other co-accused has ended has to be exercised before the pronouncement of the order of sentence where there is a judgment of conviction.: SC Constitution Bench answering the reference issued detailed guidelines The Supreme Court Constitution Bench while answering a reference regarding the power of Trial Court under Section 319 of CrPC held that “The power under Section 319 ...

Supreme Court Legal News PPA is not a statutory contract: Court can still interfere if found to be afflicted with the vice of arbitrariness. The SC Bench comprising Hon’ble Mr. Justice K.M. Joseph & Hon’ble Mr. Justice Hrishikesh Roy while considering question of termination of contract (PPA) held that PPA (Power Purchase Agreement) is not a statutory contract. Further held among other things that “The mere fact that relief is sought under a contract which is not statuto...

Supreme Court Legal News No negative equality could be claimed by taking aid of Article 14 of the Constitution. Exemption from enhanced power tariff sought from the date of energisation instead of the date of commencement of commercial production – When what is being prayed for is something which does not emerge/contemplate from the GO and after the order granting exemption from the date of energisation which has been granted in favour of another industrial unit has been withdrawn with w...

Criminal Trial – Test Identification Parade (TIP) – Maintain a healthy ratio between suspects and non­ suspects during a TIP – If rules to that effect are provided in Prison Manuals or if an appropriate authority has issued guidelines regarding the ratio to be maintained, then such rules/guidelines shall be followed. – The officer conducting the TIP is to mandatorily maintain the prescribed ratio. Criminal Trial – Test Identification Parade (TIP) – While...