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Kerala High Court Upholds Transgender Student’s Right to Hostel Accommodation

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Trending Today Kerala High Court Upholds Transgender Student’s Right to Hostel Accommodation LEGAL INTERNSHIP OPPORTUNITY AT ASTRO ARUN PANDIT LEGAL INTERNSHIP OPPORTUNITY AT STRAIVE INTERNSHIP OPPORTUNITY AT LEX LAW OFFICES LEGAL INTERNSHIP OPPORTUNITY AT PATINE LAW OFFICES LEGAL INTERNSHIP OPPORTUNITY AT VANKINA, ALLU & PARTNERS LEGAL JOB OPPORTUNITY AT SNDT WOMEN’S UNIVERSITY, MUMBAI CALL FOR PAPERS BY IILM LAW JOURNAL INTERNSHIP OPPORTUNITY AT MINDSPRING ADVISORS, MUMBAI LEGAL JOB OPPORTUNITY AT VAHURA, BANGALORE Kerala High Court Upholds Transgender Student’s Right to Hostel Accommodation KASHISH JAHAN 4 JULY 2025 The Kerala High Court affirms the right of a transgender student to access hostel accommodation according to their gender identity, reinforcing dignity, equality, and inclusion in Indian educational institutions. Introduction: A Landmark Judgment on Gender Equality In a progressive ruling, the Kerala High Court has upheld the rights of a transgender student who was denied hostel accommodation in accordance with her gender identity. The Court ruled that such denial violates the fundamental rights to equality, dignity, and non-discrimination under the Constitution of India. Student’s Struggle for Recognition The petitioner, a postgraduate student, had all legal documents affirming her female gender identity. Despite this, the college denied her a room in the women’s hostel, forcing her to live off-campus, leading to financial hardship and emotional stress. The Court declared this treatment to be in violation of the existing transgender rights framework in India. The NALSA Judgment: A Legal Precedent The judgment heavily cited the landmark case of NALSA v. Union of India, which recognized the right of transgender individuals to self-identify their gender. The Court emphasized that educational institutions must align with this precedent and eliminate arbitrary barriers that infringe on gender identity and basic rights. Court’s Directive to Educational Institutions The High Court ordered the college to immediately allot a hostel room to the student in line with her gender identity. Furthermore, it directed the Government of Kerala to issue comprehensive guidelines to all educational institutions, ensuring that no transgender student faces such discrimination again. The Court also recommended sensitization programs for hostel wardens and administrative staff to create a safer and more inclusive environment. Broader Impact on Campus Inclusion LGBTQ+ rights activists and legal scholars have welcomed this ruling as a milestone for transgender inclusion in higher education. It reinforces that constitutional rights must prevail over institutional biases and logistical excuses. The verdict sets a precedent for universities across the country. Building Inclusive Campuses for All This decision reinforces the idea that educational spaces must reflect the constitutional values of equality, inclusivity, and dignity. By ensuring equal access to hostel accommodation, the judiciary is paving the way for discrimination-free campuses, where every student, regardless of gender identity, can learn and grow without fear or prejudice. Leave a Reply Cancel Reply Logged in as Sadalaw. Edit your profile. Log out? Required fields are marked * Message* Live Cases Kerala High Court Upholds Transgender Student’s Right to Hostel Accommodation Sadalaw • July 4, 2025 • Live cases • No Comments Supreme Court Seeks Centre’s Response on PIL to Regulate Deepfake Content Amid Rising AI Misuse Sada Law • July 1, 2025 • Live cases • No Comments Gujarat High Court Orders Fresh SIT Probe Into Dalit Man’s Custodial Death Amid Allegations of Police Torture Sada Law • July 1, 2025 • Live cases • No Comments 1 2 3 … 5 Next »

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Kerala High Court Empowers Muslim Women: Khula Divorce Valid Without Husband’s Consent

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Trending Today Kerala High Court Empowers Muslim Women: Khula Divorce Valid Without Husband’s Consent Orissa High Court Slams ‘Bulldozer Justice’, Orders ₹2 Lakh Salary Recovery from Tahasildar for Illegal Demolition LEGAL JOB OPPORTUNITY AT DMD ADVOCATES LEGAL JOB OPPORTUNITY AT SINGHANIA & PARTNERS LEGAL JOB OPPORTUNITY AT K.L.E. SOCIETY’S LAW COLLEGES JOB OPPORTUNITY AT S.S. JAIN SUBODH LAW COLLEGE, JAIPUR LEGAL INTERNSHIP OPPORTUNITY AT EQUATOR LAW CHAMBERS, NEW DELHI LEGAL JOB OPPORTUNITY AT DEEPAK UPADHYAY, DELHI & NOIDA LEGAL INTERNSHIP OPPORTUNITY AT APPAREL GROUP INDIA Supreme Court Probes Air India Crash: Safety Lapses, Legal Action, and Aviation Reforms Kerala High Court Empowers Muslim Women: Khula Divorce Valid Without Husband’s Consent KASHISH JAHAN 27 June 2025 The Kerala High Court has ruled that Muslim women have the right to divorce through khula without their husband’s consent, marking a major win for gender equality and personal law reform in India. Progressive Interpretation of Muslim Personal Law In a groundbreaking judgment, the Kerala High Court has affirmed a Muslim woman’s right to independently seek divorce through khula, even without her husband’s consent. This historic ruling is being recognized as a significant advancement for women’s rights and gender justice within the framework of religious personal laws in India. Understanding the Legal Case: Cruelty and Compatibility Issues The case centered around a Muslim woman who filed for divorce citing cruelty and incompatibility in her marriage. However, the lower family court denied her petition, stating that her husband’s consent was necessary under Muslim Personal Law. Challenging this interpretation, the woman escalated the matter to the High Court. High Court’s Ruling: A Woman’s Inalienable Right to Divorce The division bench of the Kerala High Court, drawing from Quranic teachings and previous decisions by the Supreme Court of India, ruled that a Muslim woman has an absolute and unconditional right to end her marriage through khula. The court emphasized that principles of personal dignity, freedom, and gender equality must guide the modern interpretation of religious laws in a secular, democratic nation like India. Implications for Gender Equality and Legal Reform This landmark decision sets a vital precedent for gender-equal applications of personal law and adds momentum to the broader discourse surrounding the proposed Uniform Civil Code (UCC). It also empowers Muslim women across India by reaffirming their legal autonomy and rights within marriage and divorce laws. Leave a Reply Cancel Reply Logged in as Sada Law. Edit your profile. Log out? Required fields are marked * Message* Live Cases Kerala High Court Empowers Muslim Women: Khula Divorce Valid Without Husband’s Consent Sada Law • June 27, 2025 • Live cases • No Comments Orissa High Court Slams ‘Bulldozer Justice’, Orders ₹2 Lakh Salary Recovery from Tahasildar for Illegal Demolition Sada Law • June 27, 2025 • Live cases • No Comments Supreme Court Probes Air India Crash: Safety Lapses, Legal Action, and Aviation Reforms Sada Law • June 25, 2025 • Live cases • No Comments 1 2 3 … 5 Next »

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Supreme Court Clarifies Res Judicata Principle Applies to Various Phases of Identical Proceedings

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Trending Today Supreme Court Clarifies Res Judicata Principle Applies to Various Phases of Identical Proceedings LEGAL JOB OPPORTUNITY AT JADON LAW CHAMBERS Uttarakhand High Court Quashes Summons Against Patanjali and Baba Ramdev Over Misleading Ads Case LEGAL JOB OPPORTUNITY AT PINK SAMURA LEGAL JOB OPPORTUNITY AT AGROSTAR Madras High Court Seeks Centre’s Stand on Uniform Civil Code in Tamil Nadu INTERNSHIP OPPORTUNITY AT PEEPALCO Uttarakhand High Court Orders Urgent Action on Prison Remissions for Life-Term Convicts, Pushing Prison Reform Custodial Death of Somnath Suryawanshi: Bombay High Court Urged to Order Court-Monitored SIT Probe One Nation, One Election: A Constitutional Reform or Threat to India’s Federalism? Supreme Court Clarifies Res Judicata Principle Applies to Various Phases of Identical Proceedings Prabhat Kumar Biltoria 16 June 2025 Supreme Court rules that the res judicata principle applies to various phases of identical proceedings, reinforcing finality in civil litigation and barring repeated objections to impleadment under CPC Order I Rule 10. Understanding the Res Judicata Principle in Indian Civil Law The Supreme Court of India recently clarified that the res judicata principle is applicable not only across different proceedings but also at various phases within the same legal proceeding. This landmark judgment reinforces the finality of judicial decisions and prevents repeated litigation on the same issues. Key Supreme Court Judgment on Res Judicata and Impleadment Background of the Case In a significant ruling, a bench comprising Justices JB Pardiwala and R Mahadevan upheld the Kerala High Court’s decision that dismissed an application under Order I Rule 10 of the Civil Procedure Code (CPC). The application sought to object to the impleadment of a legal heir at a late stage, despite the opportunity to raise such objections earlier. Court’s Reasoning The Court emphasized that once the trial court issued an order to implead a legal heir after a proper inquiry under Order XII Rule 4 CPC, any subsequent objections were barred by the doctrine of constructive res judicata, as per Explanation IV, Section 11 CPC. This principle prohibits re-litigation of matters that have already been decided or could have been decided. The bench cited the precedent set in Bhanu Kumar Jain v. Archana Kumar (2005) 1 SCC 787, noting: “The principles of res judicata apply not only to two different proceedings but also to different stages of the same proceeding.” Finality of Impleadment Decision Since the appellant did not object or file a revision against the impleadment order earlier, the Court ruled that the matter had reached finality. Consequently, the later attempt to remove the appellant from the list of parties was rightly dismissed as barred by res judicata. What This Means for Civil Litigation in India Res Judicata Applies Within the Same Proceeding: This ruling confirms that objections or disputes cannot be raised repeatedly at different stages of the same case. Importance of Timely Objections: Parties must raise objections during the proper phase; failure to do so will bar them from raising the same issues later. Finality of Orders on Impleadment: Once a legal heir is impleaded following due inquiry, that decision is binding and cannot be contested repeatedly. Conclusion The Supreme Court’s decision strengthens the doctrine of res judicata, ensuring judicial efficiency by avoiding unnecessary delays and repetitive litigation. Litigants and legal practitioners should take note that timely objections and challenges are crucial to protect their rights during civil proceedings. Leave a Reply Cancel Reply Logged in as Sada Law. Edit your profile. Log out? Required fields are marked * Message* Case Laws Supreme Court Affirms Right to Anticipatory Bail Across States in Matrimonial Disputes: Priya Indoria v. State of Karnataka (2023) Sada Law • June 13, 2025 • Case law • No Comments Supreme Court Rules on Governor’s Limited Discretion to Withhold Assent and Summon Punjab Legislative Assembly | State of Punjab v. Principal Secretary (2023) Sada Law • June 13, 2025 • Case law • No Comments Supreme Court Judgment on Chargesheets: Not Public Documents, No Mandatory Online Upload by Investigating Agencies | Saurav Das v. Union of India (2023) Sada Law • June 13, 2025 • Case law • No Comments 1 2 3 … 5 Next »

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Kerala High Court Raises Alarm Over Microplastics in Food Delivery Containers and Potential Health Risks

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Trending Today Kerala High Court Raises Alarm Over Microplastics in Food Delivery Containers and Potential Health Risks Delhi High Court Denies Bail to Kashmiri Separatist Leader Shabir Shah in UAPA Terror Case Supreme Court Seeks Karnataka’s Response on Thug Life Film Ban Amid Kamal Haasan Controversy Air India Flight AI171 Crash: 265 Dead, 1 Survivor in Ahmedabad Tragedy Involving Boeing 787 LEGAL INTERNSHIP OPPORTUNITY AT ADITI MOHONI LEGAL JOB OPPORTUNITY AT INDIAMART LEGAL INTERNSHIP OPPORTUNITY AT SHURUWAT FOUNDATION CALL FOR PAPERS BY JAI JAGAT SUMMIT INTERNSHIP OPPORTUNITY AT CHAMBERS OF SUSHANT SINGH ADV. LEGAL INTERNSHIP OPPORTUNITY AT LEGAL SOLUTIONS Kerala High Court Raises Alarm Over Microplastics in Food Delivery Containers and Potential Health Risks PRABHAT KUMAR BILTORIA 15 June 2025 The Kerala High Court has raised urgent concerns over the health risks of microplastics from plastic food delivery containers, urging a thorough investigation into their impact on food safety and public health. Kerala High Court Flags Microplastic Contamination in Food Delivery On June 13, 2025, the Kerala High Court expressed serious concerns about the widespread use of plastic containers in food delivery. The Court emphasized the growing danger of microplastic ingestion, especially when hot food is packed in plastic containers, raising significant health and safety questions. Food Delivery and Microplastics: A Threat to Public Health Presiding over the case Prasanna EV v. State of Kerala & Ors, Justice Devan Ramachandran called attention to the increasing reliance on food delivery services, particularly by children and youth. He warned that microplastics leach into food when hot items are stored in plastic containers, potentially leading to their ingestion by unsuspecting consumers. In a strong statement, the judge asked:“Are the plastic containers used for delivery safe? Little kids are relying on this food delivery. You should realize that microplastics are getting into your body.” Link Between Microplastics and Serious Health Conditions Justice Ramachandran pointed out that continuous consumption of food contaminated with microplastics could be linked to severe health conditions, including cancer and organ damage affecting the liver, lungs, colon, and intestines. These alarming claims underline the urgency of regulatory scrutiny and action. Directive for Investigation into Plastic Food Packaging In response to the issue, the Court directed the Additional Director General of Prosecution to investigate the practice of using plastic containers for food delivery and assess its health implications. The appointment was recommended by Mary Meera Joseph, a senior government pleader. Justice Ramachandran also acknowledged the assurance from Gracious Kuriakose, a senior counsel experienced in environmental and health matters, who confirmed that the issue will be thoroughly examined and reported back to the Court in the next hearing. Regulatory Oversight Needed on Plastic Use in Food Delivery The Court highlighted that current regulatory frameworks may not fully understand or address the long-term effects of microplastic exposure. The rising dependence on food delivery platforms calls for urgent reform in how food is packaged and delivered to consumers across India. Leave a Reply Cancel Reply Logged in as Sada Law. Edit your profile. Log out? Required fields are marked * Message* Live Cases Kerala High Court Raises Alarm Over Microplastics in Food Delivery Containers and Potential Health Risks Sada Law • June 15, 2025 • Live cases • No Comments Delhi High Court Denies Bail to Kashmiri Separatist Leader Shabir Shah in UAPA Terror Case Sada Law • June 15, 2025 • Live cases • No Comments Supreme Court Seeks Karnataka’s Response on Thug Life Film Ban Amid Kamal Haasan Controversy Sada Law • June 15, 2025 • Live cases • No Comments 1 2 3 … 5 Next »

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Kerala High Court Upholds Convict’s Right to Support Child’s Education During Parole

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Trending Today Kerala High Court Upholds Convict’s Right to Support Child’s Education During Parole Madras High Court Orders ‘No Caste, No Religion’ Certificates for Willing Applicants LEGAL INTERNSHIP OPPORTUNITY AT ALL INDIA FOOTBALL FEDERATION, DELHI INTERNSHIP OPPORTUNITY AT DKL ADVOCATES INTERNSHIP OPPORTUNITY AT CHAMBER OF ADV. ADITYA LELE, MUMBAI JOB OPPORTUNITY AT ZEUS LAW ASSOCIATES LEGAL INTERNSHIP OPPORTUNITY AT FALCONS Supreme Court Rules Aadhaar Not Mandatory for School Admissions, Safeguards Children’s Right to Education Kerala High Court Orders Immediate Removal of Obscene Edits Targeting 14-Year-Old Girl on Social Media Rouse Avenue Court Ahlmad Withdraws Anticipatory Bail Plea in Bribery Case Before Delhi High Court Kerala High Court Upholds Convict’s Right to Support Child’s Education During Parole Prabhat Kumar Biltoria 13 June 2025 The Kerala High Court has ruled that convicts retain the parental right to ensure quality education for their children, granting a life convict emergency parole to assist in his son’s higher secondary education admission. Introduction: A Landmark Ruling for Prisoners’ Parental Rights In a progressive move, the Kerala High Court reaffirmed that convicted prisoners still hold the right to support their children’s education. The judgment followed a plea by the wife of a life convict, incarcerated at Malappuram‘s Central Prison, requesting emergency parole to assist their son with his school admission. Background of the Case: Ensuring a Child’s Educational Future The case, Shafeena PH v. State of Kerala & Ors., involved a convict whose son had recently passed his SSLC (Secondary School Leaving Certificate) examination with excellent results—six A+ and two A grades. The mother argued that her husband’s presence was vital in helping their son secure admission to the Plus Two course. The request for parole was initially denied by the prison authorities, citing a lack of provisions. This prompted the petitioner to move the High Court. Court’s Stand: Balancing Incarceration with Fundamental Rights Presiding over the case, Justice PV Kunhikrishnan emphasized that while a convict forfeits some rights due to imprisonment, fundamental rights—particularly those tied to parenting and education—must be upheld. “The convict’s fundamental rights include a father’s right to ensure his child receives a good education,” he stated. “The presence of a father is crucial in a child’s academic journey, offering emotional support, mentorship, and guidance.” Recognizing Merit and Emotional Needs of Children The Court highlighted the child’s academic achievement and emphasized the emotional benefit of allowing the convict temporary leave. “Let the talented offspring of the convict, who achieved six A+ grades in the SSLC examination, spend a few days with his father… May the all-powerful bestow blessings on him for a radiant future,” read the judgment. Final Verdict: Emergency Parole Granted After reviewing the petition, the High Court ruled in favor of granting seven days of emergency leave to the father. This compassionate decision was grounded in the belief that supporting a child’s education is a fundamental responsibility, even if the parent is behind bars. Implications: Humanizing the Justice System The ruling sets a precedent in Indian law, showing that incarceration should not completely sever family relationships, especially when it pertains to a child’s well-being and education. It encourages a more humane approach to prison policy in India. Conclusion: A Step Forward for Prisoners’ Family Rights The Kerala High Court’s decision serves as a strong message: parental rights and educational support do not end with a prison sentence. It’s a heartening example of how law and empathy can coexist, shaping a future where even children of convicts can thrive with the right support. Leave a Reply Cancel Reply Logged in as Sada Law. Edit your profile. Log out? Required fields are marked * Message* Case Laws Supreme Court Mandates “Support Persons” for Child Victims Under POCSO Act in Bachpan Bachao Case Sada Law • June 11, 2025 • Case law • No Comments Supreme Court Rules Section 6A Unconstitutional with Retrospective Effect in CBI v. R.R. Kishore Judgment Sada Law • June 11, 2025 • Case law • No Comments Supreme Court Judgment on Cancellation of Default Bail After Chargesheet Filing in Serious Offence Cases – State Through CBI v. T. Gangi Reddy (2023) Sada Law • June 11, 2025 • Case law • No Comments 1 2 3 … 5 Next »

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Kerala High Court Directs SIT to Submit Hema Committee Case Report Within 10 Days

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Trending Today Kerala High Court Directs SIT to Submit Hema Committee Case Report Within 10 Days LEGAL JOB OPPORTUNITY AT PS LAW ADVOCATES & SOLICITORS LEGAL JOB OPPORTUNITY AT ULTRATECH CEMENT LEGAL JOB OPPORTUNITY AT POOJA ENTERTAINMENT LEGAL JOB OPPORTUNITY AT IKIGAI LAW LEGAL JOB OPPORTUNITY AT AMM LAW OFFICES LEGAL JOB OPPORTUNITY AT VIS LEGIS LAW PRACTICE, ADVOCATES JOB OPPORTUNITY AT ADV HUMERA NIYAZI Supreme Court Mandates “Support Persons” for Child Victims Under POCSO Act in Bachpan Bachao Case Supreme Court Upholds Right to Business Closure Under Article 19(1)(g): Harinagar Sugar Mills Case Explained Kerala High Court Directs SIT to Submit Hema Committee Case Report Within 10 Days PRABHAT KUMAR BILTORIA 11 June 2025 The Kerala High Court has directed the SIT to submit its report on the harassment allegations in the Malayalam film industry within 10 days, based on findings from the Hema Committee. Learn about the developments, film policy updates, and what the Hema Committee stands for. Kerala High Court Directs SIT to Submit Report on Hema Committee Cases in 10 Days The Kerala High Court has granted a 10-day deadline to the Special Investigation Team (SIT) to present its findings on harassment cases flagged in the Hema Committee report. These cases concern serious allegations of sexual harassment and gender disparity in the Malayalam film industry. State Government to Finalize Malayalam Film Industry Policy During a hearing before a special bench of Justices A.K. Jayasankaran Nambiar and C.S. Sudha, the Kerala government announced the scheduling of a Cinema Conclave this August. The objective is to finalize a new film policy shaped by the input of over 600 organizations. Legislation Based on Film Policy to Follow in Two Months The government stated that within two months of the conclave, a comprehensive legislation based on the newly drafted film policy would be proposed. This legislation aims to address systemic issues in the Malayalam cinema sector, particularly those affecting women. Progress on Cases Listed in the Hema Committee Report The High Court also reviewed recent progress regarding the 40 cases brought to light by the Hema Committee. Of these, 26 cases were withdrawn from further legal action. A report detailing these developments was submitted to the court. According to the SIT, the cases were not initiated by direct victim complaints. Instead, they were registered based on observations made in the Hema Committee’s findings and testimonies. The court has set the next hearing for June 25, 2025. What is the Hema Committee? The Hema Committee was established in 2017 in response to a petition from the Women in Cinema Collective. Its objective was to investigate gender inequality and sexual harassment in the Malayalam film industry. The committee included retired High Court Justice K. Hema, acclaimed actor Sharada, and former IAS officer K.B. Valsala Kumari. Their comprehensive report revealed systemic exploitation, gender discrimination, and the lack of clear employment structures for women working in cinema. The committee’s recommendations have sparked significant policy reform discussions, leading to the current judicial and administrative actions. Leave a Reply Cancel Reply Logged in as Sada Law. Edit your profile. Log out? Required fields are marked * Message* Live Cases Kerala High Court Directs SIT to Submit Hema Committee Case Report Within 10 Days Kerala High Court Directs SIT to Submit Hema Committee Case Report Within 10 Days Sada Law • June 11, 2025 • Live cases • No Comments Supreme Court Upholds Right to Business Closure Under Article 19(1)(g): Harinagar Sugar Mills Case Explained Supreme Court Upholds Right to Business Closure Under Article 19(1)(g): Harinagar Sugar Mills Case Explained Sada Law • June 11, 2025 • Live cases • No Comments Supreme Court Grants Interim Relief to Journalists in MP FIR Case, Directs Them to Seek High Court Protection Supreme Court Grants Interim Relief to Journalists in MP FIR Case, Directs Them to Seek High Court Protection Sada Law • June 11, 2025 • Live cases • No Comments 1 2 3 … 5 Next »

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Kerala High Court Upholds Widow’s Right to Marital Home Under Domestic Violence Act

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Trending Today Kerala High Court Upholds Widow’s Right to Marital Home Under Domestic Violence Act Bombay High Court Judge Cites Long Work Hours and Backlog for Delayed Judgment Upload in Landmark Property Dispute Case Supreme Court Landmark Ruling: Permanent Alimony and Home Ownership Rights for Divorced Women Supreme Court Landmark Alimony Verdict Redefines Dignity and Rights of Divorced Women in India Supreme Court Empowers Victims: Right to Appeal Acquittals Confirmed The Fodder Scam Redux: Supreme Court Revives Corruption Trials in Bihar Ahead of Elections Why the Supreme Court Revoked Bail for Ex-Karnataka Minister Vinay Kulkarni in Murder Case INTERNSHIP OPPORTUNITY AT ECONOMIC LAW PRACTICE Supreme Court Cancels Bail of Congress MLA Vinay Kulkarni in BJP Worker Yogesh Gowda Murder Case Over Witness Tampering INTERNSHIP OPPORTUNITY AT THE CASE LAW Kerala High Court Upholds Widow’s Right to Marital Home Under Domestic Violence Act PRABHAT KUMAR BILTORIA 11 June 2025 The Kerala High Court affirms that a widow cannot be evicted from her matrimonial home by in-laws, citing Section 17 of the Domestic Violence Act. Learn more about this landmark ruling. Landmark Judgment Protects Widow’s Right to Residence In a significant ruling, the Kerala High Court declared that a widow cannot be evicted from her matrimonial home, even after the death of her husband. The case involved a 41-year-old woman who filed a complaint alleging that her in-laws were attempting to remove her and her children from the house she once shared with her late husband. Legal Protection Under the Domestic Violence Act The woman sought legal relief from the Sessions Court of Palakkad under the Protection of Women from Domestic Violence Act, 2005. Initially, her plea was dismissed by a magistrate, but the Sessions Court overturned the decision, granting her protection and the right to remain in the residence. High Court Dismisses In-Laws’ Petition The in-laws challenged the Sessions Court’s verdict, bringing the case to the High Court. However, the petition was dismissed. Justice M.B. Snehalatha emphasized that, under Section 17 of the Domestic Violence Act, every woman in a domestic relationship has the legal right to reside in the shared household, regardless of legal ownership or title. Arguments by In-Laws Rejected The in-laws argued that the woman owned another property and no longer resided in the house after her husband’s death, thereby nullifying the domestic relationship. They contended that the provisions of the Domestic Violence Act should not apply to their situation. However, the court found sufficient evidence that the in-laws were attempting to forcibly evict the woman and her children, constituting an act of domestic violence under the law. Court Reaffirms the Objective of the Domestic Violence Act In its final observation, the court reaffirmed that the Domestic Violence Act is a landmark legislation crafted to protect the rights and dignity of women in domestic relationships. The court upheld the Sessions Court’s order and confirmed the woman’s right to live in her marital home. Leave a Reply Cancel Reply Logged in as Sada Law. Edit your profile. Log out? Required fields are marked * Message* Live Cases Kerala High Court Upholds Widow’s Right to Marital Home Under Domestic Violence Act Kerala High Court Upholds Widow’s Right to Marital Home Under Domestic Violence Act Sada Law • June 11, 2025 • Live cases • No Comments Bombay High Court Judge Cites Long Work Hours and Backlog for Delayed Judgment Upload in Landmark Property Dispute Case Bombay High Court Judge Cites Long Work Hours and Backlog for Delayed Judgment Upload in Landmark Property Dispute Case Sada Law • June 11, 2025 • Live cases • No Comments Supreme Court Landmark Ruling: Permanent Alimony and Home Ownership Rights for Divorced Women Supreme Court Landmark Ruling: Permanent Alimony and Home Ownership Rights for Divorced Women Sada Law • June 10, 2025 • Live cases • No Comments 1 2 3 … 5 Next »

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Kerala High Court Rules Medical Negligence Is Not Culpable Homicide in Doctor’s Case

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Trending Today Kerala High Court Rules Medical Negligence Is Not Culpable Homicide in Doctor’s Case NHAI Challenges Madras High Court’s Toll Ban on Madurai-Tuticorin Highway in Supreme Court Supreme Court Slams Misuse of Preventive Detention After Bail Grant in Kerala Case Supreme Court Directs Streamlined Implementation of RTI Act for Easier Access to Information Remission Shouldn’t Be Denied Solely on Reports of Presiding Judge or Police: Supreme Court Lays Down Factors for Premature Release Supreme Court Issues 12 Key Directions for Speedy Trial of Civil Cases ED Cannot Invoke PMLA Without Scheduled Offence: Supreme Court in Pavana Dibbur Case Maternity Benefits Must Extend Beyond Contract Period: Supreme Court Landmark Ruling Secunderabad Club v. Commissioner of Income Tax-V (2023): Supreme Court Rules Interest Income on Bank Deposits Taxable Devesh Sharma v. Union of India (2023): Supreme Court Rules B.Ed. Holders Ineligible for Primary Teaching Posts Kerala High Court Rules Medical Negligence Is Not Culpable Homicide in Doctor’s Case Prabhat Kumar Biltoria 09 June 2025 Kerala High Court clarifies that medical negligence resulting in death is not equivalent to culpable homicide under IPC Section 304. Read about the landmark ruling in Dr. K Rajagopalan case and its impact on medical negligence laws in India. Overview: Kerala High Court’s Landmark Judgment on Medical Negligence vs. Culpable Homicide The Kerala High Court recently delivered a crucial judgment distinguishing medical negligence from culpable homicide under Indian law. The court ruled that death caused by medical negligence cannot automatically be treated as culpable homicide unless there is clear intent or knowledge that death was likely to occur. Case Background: Dr. K Rajagopalan vs. Regha & Anr. In 2012, Dr. K Rajagopalan performed an appendectomy on a 10-year-old girl at a private nursing home in Palakkad. The surgery involved spinal anaesthesia administered without the presence of an anaesthetist. Tragically, the child suffered cardiac arrest and died during the procedure. Following a complaint by the child’s mother, a case was registered against Dr. Rajagopalan under Section 304 of the Indian Penal Code (IPC) for culpable homicide not amounting to murder. Key Legal Arguments and Court Findings Medical Negligence vs. Culpable Homicide Dr. Rajagopalan’s defense argued that while the incident may qualify as medical negligence, it did not meet the legal threshold for culpable homicide because there was no intent or knowledge that death was a probable outcome. The counsel emphasized that: The doctor lacked awareness that his actions would likely result in death. The legal definition of culpable homicide requires intent or knowledge of death as a probable consequence. Court’s Ruling by Justice Kauser Edappagath Justice Kauser Edappagath examined all evidence and submissions carefully, including a medical board report. The key conclusions were: No evidence showed that Dr. Rajagopalan knowingly risked the patient’s life by administering spinal anaesthesia without an anaesthetist. The doctor, a qualified medical professional, was not aware that his actions were likely to cause death. Under IPC, Section 304A, which applies to death caused by rash or negligent acts without intent, was the appropriate legal provision—not Section 304 for culpable homicide. Consequently, the High Court annulled the Sessions Court’s order and discharged Dr. Rajagopalan from the culpable homicide case. What This Ruling Means for Medical Negligence Cases in India This judgment reaffirms that medical negligence resulting in death should not be conflated with culpable homicide unless intent or knowledge to cause death is proven. Key takeaways include: Medical professionals are accountable under negligence laws but are not automatically criminally liable for homicide. Clear legal distinction helps protect doctors from unjust prosecution in tragic but unintentional outcomes. Courts must carefully assess the intent and knowledge behind medical errors before applying criminal charges. Leave a Reply Cancel Reply Logged in as Sada Law. Edit your profile. Log out? Required fields are marked * Message* Case Laws Supreme Court Directs Streamlined Implementation of RTI Act for Easier Access to Information Supreme Court Directs Streamlined Implementation of RTI Act for Easier Access to Information Sadalaw • June 8, 2025 • Case law • No Comments Remission Shouldn’t Be Denied Solely on Reports of Presiding Judge or Police: Supreme Court Lays Down Factors for Premature Release Remission Shouldn’t Be Denied Solely on Reports of Presiding Judge or Police: Supreme Court Lays Down Factors for Premature Release Sadalaw • June 8, 2025 • Case law • No Comments Supreme Court Issues 12 Key Directions for Speedy Trial of Civil Cases Supreme Court Issues 12 Key Directions for Speedy Trial of Civil Cases Sadalaw • June 8, 2025 • Case law • No Comments 1 2 3 … 5 Next »

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Supreme Court Slams Misuse of Preventive Detention After Bail Grant in Kerala Case

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Trending Today Supreme Court Slams Misuse of Preventive Detention After Bail Grant in Kerala Case Supreme Court Directs Streamlined Implementation of RTI Act for Easier Access to Information Remission Shouldn’t Be Denied Solely on Reports of Presiding Judge or Police: Supreme Court Lays Down Factors for Premature Release Supreme Court Issues 12 Key Directions for Speedy Trial of Civil Cases ED Cannot Invoke PMLA Without Scheduled Offence: Supreme Court in Pavana Dibbur Case Maternity Benefits Must Extend Beyond Contract Period: Supreme Court Landmark Ruling Secunderabad Club v. Commissioner of Income Tax-V (2023): Supreme Court Rules Interest Income on Bank Deposits Taxable Devesh Sharma v. Union of India (2023): Supreme Court Rules B.Ed. Holders Ineligible for Primary Teaching Posts Salib v. State of Uttar Pradesh (2023): Supreme Court Denies Plea to Quash Criminal Intimidation FIR Pradyuman Bisht v. Union of India (2023) — Supreme Court Mandates Enhanced Court Security and Digitization Supreme Court Slams Misuse of Preventive Detention After Bail Grant in Kerala Case Prabhat Kumar Biltoria 09 June 2025 The Supreme Court of India has strongly criticized the misuse of preventive detention laws to keep accused individuals in jail after they’ve secured bail. Learn how this landmark ruling upholds constitutional rights and reinforces due legal process. Supreme Court Highlights Abuse of Preventive Detention On June 7, 2025, the Supreme Court of India issued a strong rebuke to state authorities for misusing preventive detention laws to keep individuals imprisoned even after being granted bail. In the case Dhanya M v. State of Kerala, the Court emphasized that preventive detention is a rare constitutional exception—not a backdoor method to override judicial bail. Background of the Case: Detention After Bail The case involved Rajesh, a registered moneylender operating under ‘Rithika Finance’ in Kerala, who was labeled a “goonda” under the Kerala Anti-Social Activities (Prevention) Act, 2007. Despite securing bail in multiple FIRs related to loan sharking and assault, he was detained by an order from the District Magistrate of Palakkad on June 20, 2024. His wife, Dhanya M., challenged this detention through a Habeas Corpus petition, which was initially dismissed by the Kerala High Court. The matter was then escalated to the Supreme Court, which overturned both the detention order and the High Court ruling. Supreme Court’s Key Observations Preventive Detention Is a Constitutional Exception A bench comprising Justices Sanjay Karol and Manmohan clarified that preventive detention is meant for exceptional circumstances involving threats to public order, not as a means to extend incarceration after bail. “Preventive detention is a severe measure… authorized only under Article 22 of the Constitution,” the Court stated. Detention Must Be Based on Concrete Evidence The Court noted that the Kerala government failed to demonstrate how Rajesh’s actions disturbed public order as opposed to mere law-and-order issues affecting only a few individuals. “The act alone does not determine its own gravity… Its effect on society may vary greatly,” the bench stated. Legal Precedents Cited in the Judgment To support its ruling, the Court referenced several landmark judgments: Vijay Narain Singh v. State of Bihar – Emphasized caution in detaining someone already released on bail. Mortuza Hussain Choudhary v. State of Nagaland – Highlighted strict conditions for preventive detention. SK Nazneen v. State of Telangana and Nenavath Bujji v. State of Telangana – Distinguished between public order and individual crimes. Court Calls Out Lack of Bail Cancellation Efforts One of the most critical points was the State’s failure to seek cancellation of Rajesh’s bail in any of the four FIRs. The Supreme Court observed that no legal steps had been taken to revoke his bail, nor had any violations of bail conditions been specified. “Preventive detention laws should not be used solely to restrict freedom when an individual is already granted bail by a competent court,” the judgment concluded. Final Verdict: Detention and High Court Ruling Overturned The Supreme Court annulled both the preventive detention order and the Kerala High Court‘s earlier decision, reinforcing that constitutional safeguards must be respected even in cases involving multiple FIRs. Conclusion: A Win for Constitutional Justice This judgment serves as a critical reminder that preventive detention must be used sparingly and with due process. It reaffirms the principle that bail granted by courts cannot be bypassed through administrative orders unless backed by substantial evidence.   Leave a Reply Cancel Reply Logged in as Sada Law. Edit your profile. Log out? 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