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15 Oct, 4 tweets, 2 min read
Three-judge bench led by Justice Ashok Bhushan overrules the 2006 S.R. Batra And Anr vs Smt. Taruna Batra verdict wherein it was said that a wife only has rights over the property of her husband. Court rules that the wife has rights over the shared household too.

#SupremeCourt
Senior Advocate Nidhesh Gupta for the respondent daughter in law had argued that if it is a joint family property then the totality of the case needs to be seen and that she has a right to reside in the house. The top court has accepted the submission.
Court also held that rights available under the Domestic Violence Act is not restricted to the domestic violence act only.

The SR Batra verdict was authored by Justices SB Sinha and Markandey Katju @mkatju

#SupremeCourt
Progress of any society depends on its ability to protect rights of women: Supreme Court on woman's right to reside in shared household

Story: barandbench.com/news/litigatio…

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More from @barandbench

Bar & Bench Profile picture
16 Oct
STUBBLE BURNING:

#SupremeCourt takes up for hearing petition highlighting the issue of stubble burning in the States of Punjab, Haryana and Uttar Pradesh.

Bench led by CJI SA Bobde is hearing the petition.

#stubbleburning #AirPollution #Punjab #Haryana #UttarPradesh Image
Senior Counsel Vikas Singh for the petitioner tells the Court that the State of Punjab has filed an affidavit while States of Haryana and UP have not.

Singh argues that something needs to be done.

CJI: Don't say "something", you make specific prayers
Singh: The prayer in my petition is that a one man commission of Justice (retd) Madan Lokur can be appointed because he has dealt with many environment issues... Because state agencies and EPCA etc are not empowered and don't have any teeth to take action.

#SupremeCourt
Read 20 tweets
Bar & Bench Profile picture
16 Oct
Supreme Court declines to entertain petition praying for removal of Uddhav Thackeray led government from #Maharashtra and imposition of President's rule.

CJI to petitioner: As a civilian you are liberty to approach the President, don't come here.

#SupremeCourt @OfficeofUT Image
Petitioner attempts to highlight incidents of "misgovernance"

CJI: You are saying that because some #Bollywood actor (#SushantSinghRajput) has died, the Constitutional rule is not being followed in the State?

#SupremeCourt #Maharashtra @OfficeofUT
Petitioner: There are more instances.

CJI: Every instance you have mentioned has taken place in #Mumbai. Do you know how big #Maharashtra is? Thank you, we are not inclined to entertain.

#SupremeCourt @OfficeofUT
Read 4 tweets
Bar & Bench Profile picture
16 Oct
Justice AM Khanwilkar: Where is the petitioner? Why are you not speaking?

Adv ML Sharma: I am speaking

(Judges laugh): If you don't speak, how will we hear you

Adv Sharma: Sorry Madam , oh sorry Your Lordship

#courtroomexchange
#SupremeCourt
ML Sharma: Case concerns Delhi police declined to entertain the FIR regarding of a tribal women who was raped seven times and attempted to be killed. Delhi police is shielding the accused. Four time she was raped in Chattisgarh and thrice she was raped in Delhi. No CBI probe!
SC: We have given you five minutes and waiting for you to finish

Sharma: Chattisgarh police never registered FIR even though the HC ordered to register one.

SC: Show us the HC orders
Read 5 tweets
Bar & Bench Profile picture
16 Oct
Delhi High Court to shortly begin hearing plea by Mohit Saraf, Senior Partner, L&L against the firm's Founder Partner, Rajiv Luthra.

Matter is before Justice V Kameswar Rao.

#MohitSaraf #RajivLuthra Image
The main contention in Saraf's plea is that he could not be summarily thrown out of L&L Partners using strong-arm tactics.

#MohitSaraf #RajivLuthra

Read more:
barandbench.com/news/ll-partne…
Rajiv Luthra has issued a public notice in the newspapers, that Mohit Saraf is no longer a Partner with L & L Partners with effect from October 13, 2020. Image
Read 193 tweets
Bar & Bench Profile picture
16 Oct
The Bombay High Court is presently hearing PILs filed registering protest over the media trial being conduct in the reporting on the death of actor Sushant Singh Rajput. The matter is being heard by a Bench of Chief Justice Dipankar Datta and Justice GS Kulkarni. Image
ASG Anil Singh continues from the previous hearing - relying on the Sahara judgment.
ASG is arguing for the Union of India.

He points out from the Sahara judgment that the context and content of the offending publication has to be taken into consideration.
Read 58 tweets
Bar & Bench Profile picture
16 Oct
Supreme Court to shortly hear plea by 9 women lawyers challenging the July 30 bail condition imposed by Madhya Pradesh High Court where a man accused of sexual assault was asked to get a Rakhi tied on him by the victim. Plea states such orders "objectify women".

#SupremeCourt Image
Senior Adv Sanjay Parikh: The plea has arose under extra ordinary circumstances

SC: bail condition has been met with I am sure by now
Parikh: We are not on the bail condition but the observations such as this trivialise the offences against women in sexual assault cases

SC: is your grievance limited to MP HC
Read 8 tweets

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