A Social worker on her way to fulfill her
duty, following the path of humanity, saving an infant from getting married at
her early age was Bhavridevi- the same woman who was brutally raped and
harassed just because of the nature of her work. Popularly known as Vishaka Vs
State of Rajasthan[1] is
considered as the basic structure of this Act. 1997 saw Vishaka, 1999 witnessed
Apparel Export Vs A.K Chopra[2] where
harassment was distinguished from an attempt to sexual harassment.
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Friday, October 11, 2013
Saturday, October 5, 2013
Costs / Compensation in Contempt Proceedings
Pakistan SC dismissed the contempt charges against Imran Khan, who criticized the role of the judiciary and the election commission terming it shameful |
Under
the Contempt of Courts Act, 1971 contempt has been classified into (1) civil
contempt and (2) criminal contempt. Civil contempt includes “wilful disobedience to any judgment,
decree, direction, order, writ or other process of a court or wilful breach of
an undertaking given to a court”, whereas criminal contempt covers cases in
which a persons does anything which scandalises, lowers the authority of or
interferes with the functioning of the Court. (Image taken from here.)
When
we hear the word ‘civil’ we think of ‘remedy’, ‘compensation’ or ‘damages’.
Interestingly the Contempt of Courts Act, 1971 does not provide for any of these.
Friday, October 4, 2013
SC: Execution of Will excluding certain Legal Heirs does not render it Invalid
(Also read on Validity of Unregistered Wills and How to make a WIll.)
The Hon’ble Supreme Court, (Division Bench of Mr. Justice G.S. Singhvi and Mr. Justice Sudhansu Jyoti Mukhopadhaya) in the case of Mahesh Kumar (D) By Lrs. vs Vinod Kumar & Ors (read entire judgement here.) has held that that active participation of the propounder / beneficiary in the execution of the Will or exclusion of the natural heirs cannot lead to an inference that the Will was not genuine.
The Hon’ble Supreme
Court set aside a judgement of the Madhya Pradesh High Court which disbelieved
the validity of a will executed by one Shri Harishankar to the exclusion of two
of his sons.
The D.B. observed
that: