equality - The Legal Chamber

Gold, Gifts, and Divorce: Supreme Court Orders Husband to Return Woman’s Wedding Assets

26Feb

By The Legal ChamberNo Comments

Supreme Court

Gold, Gifts, and Divorce: Supreme Court Orders Husband to Return Woman’s Wedding Assets

In this judgment, the Supreme Court held that property given to a bride at the time of marriage remains her entitlement post-divorce under Section 3 of the Muslim Women Act. The Court emphasized purposive interpretation to protect a woman’s dignity and financial security, prioritizing social justice over procedural discrepancies to ensure enforcement of her legal rights. Facts Of The Case: The marriage between the appellant, Rousanara Begum, and the respondent, S.K. Salahuddin, was solemnized on August 28, 2005. However, marital discord soon arose, leading the appellant to leave her matrimonial home on May 7, 2009. Following this separation, she initiated legal proceedings against her husband, including an application under Section 125 of the Code of Criminal Procedure, 1973, for m...

Supreme Court Ruling: Judicial Officers with 7 Years’ Combined Experience Eligible for District Judge Post

27Dec

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Ruling: Judicial Officers with 7 Years’ Combined Experience Eligible for District Judge Post

This Supreme Court Constitution Bench judgment reinterpreted Article 233(2) of the Constitution. It held that judicial officers are not barred from applying for the post of District Judge through direct recruitment. The Court clarified that the seven-year practice requirement under Article 233(2) applies only to candidates not already in judicial service, thereby overruling contrary precedents like Dheeraj Mor. Facts Of The Case: The case arose from a batch of petitions challenging the interpretation of Article 233 of the Constitution, which governs the appointment of District Judges. The core dispute was whether a person already in the state judicial service (a Civil Judge) could apply for the post of District Judge through direct recruitment, a stream historically reserved fo...

Supreme Court Rules: High Court Cannot Grant Anticipatory Bail if FIR Discloses SC/ST Act Offence

6Oct

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Rules: High Court Cannot Grant Anticipatory Bail if FIR Discloses SC/ST Act Offence

The Supreme Court held that Section 18 of the SC/ST Act creates a statutory bar against granting anticipatory bail when a prima facie case under the Act is made out from the FIR. The court's role at this stage is limited to verifying the FIR's averments and cannot extend to a mini-trial or appreciation of evidence. The High Court erred in disregarding this bar. Facts Of The Case: The complainant, belonging to the "Mang" Scheduled Caste community, lodged an FIR alleging that on 25.11.2024, the accused, Rajkumar Jain and others, confronted him outside his home. The accused were angered because the complainant had not voted for their candidate in the recent assembly elections. They verbally abused the complainant using the casteist slur "Mangtyano," beat him with an iron rod, and threatened...

Supreme Court’s Mixed Verdict for a Forest Officer :Right Declared, But Promotion Delayed

24Sep

By The Legal ChamberNo Comments

Supreme Court

Supreme Court’s Mixed Verdict for a Forest Officer :Right Declared, But Promotion Delayed

The Supreme Court ruled that the term "State Forest Service" under the Indian Forest Service (Recruitment) Rules, 1966, refers to the service as a whole, not individual posts. The Court held that once a state service is approved, its substantively appointed gazetted officers, including Forest Range Officers, are eligible for consideration for promotion to the Indian Forest Service. Facts Of The Case: The appellant, P. Maruthi Prasada Rao, was appointed as a Forest Range Officer (FRO) in 2006. In 2021, he petitioned the authorities, arguing that FROs should be considered part of the "State Forest Service" and thus be eligible for promotion to the Indian Forest Service (IFoS) when sufficient numbers of senior officers like Deputy Conservators of Forests (DCFs) and Assistant Conserv...