Supreme Court Standing On Section 497 Of Ipc. This Part

This law punishes both individuals involved. This code also gives the impression that this society had an immense focus on respect for relationships. These laws were perhaps created with the intention of maintaining and keeping relationships in order. Divorce is another subject covered in these law codes. I. 37, explains how after a divorce the man has the right to keep everything that the couple once owned together; this could be anything including the house, furniture, property, etc. However, the man has the ability to leave her with something if he wishes, but if not, then “empty shall she go out.” Although the subject of divorce is only mentioned in this law, it still shows that a divorce is in a man’s favor and he has the right to end up with all of their belongings. According to law code I. 16, men appear to be able to cheat freely if the woman they are cheating with is okay with it. Finally, another important topic throughout these law codes is pregnancy. This society seems to place a high value on pregnancy and the well being of pregnant women. As a result of the pregnancy being so important to this society, there are a few laws made up specifically for that topic. Law codes I. 21, 50, 51 and 52 all have to do with pregnancy and abortion. Some of which say, if someone is to harm a pregnant

Right to life is the most basic requirement for human existence and means much more than mere animal existence. It includes the right to liberty as well, since without possessing the liberty to do what one must in order to realize one’s full potential, the grant of right to life would only be an empty promise. But, however fundamental a right may be, it does have certain exceptions. For instance, the right to life can be taken away by the State “through due procedure established by law ”. The death penalty awarded by the courts for certain grave offences is a facet of this exception. But that would mean saying that capital punishment is an exception to the right to life doctrine which is contrary to what the Indian courts have laid down on the subject while justifying the award of death penalty. However, the Indian courts have established the principle of ‘rarest of the rare ’ to restrict the meting out of capital

Facts of the case (Summary of facts of case and its journey to Supreme Court)

Include name of parties in the case at the Court of first instance and Appellate Courts and name of Trial and Appellate judges.

In order to ensure that Fundamental Rights did not remain empty provisions, the founding fathers of our Constitution have made various provisions in the Constitution to maintain an independent judiciary. Articles related to Fundamental Rights and Directive Principles and independent judiciary together provide a firm constitutional basis to the growth of Public Interest Litigation in India. The founding fathers envisaged ‘‘the judiciary as a bastion of rights and justice’’. An independent judiciary lanced with the power of judicial review was the constitutional device chosen to achieve the required objective. This jurisdiction to enforce the Fundamental Rights was conferred upon both the Supreme Court and the High Courts, hence them being the courts that have entertained all the Public Interest Litigation cases.

Punishment- Whoever, except in the cases provided for in sub-section (2), commits rape, shall be punished with rigorous imprisonment of

Per Judge LJ R. v. Misra and Srivastava [2004] EWCA Crim 2375 para 64 (in the Court of Appeal Criminal Division)

Based on the case Saminathan v. PP [1937] MLJ 38. This is a case which decide on matter of illegally obtained evidence.

Sri Indira das vs State of Assam. (2011, February ). Retrieved November 20th, 2013, from Supreme court of India: http://supremecourtofindia.nic.in/scr/2011_v4_pii.pdf

A constitutional controversy of great significance vis-à-vis Art.356 was raised in State of Rajasthan v. Union of India..

Chief Justice M. Hameedullah Beg., Justice N. L. Untwalia, Justice P. N. Bhagwati, Justice P. S. Kailasam, Justice S. Murtaza Fazal Ali, Justice V. R. Krishna Iyer and Justice Y. V. Chandrachud.

In the statement, it is mentioned that the great strength of the common law lies in its capacity to develop to meet the changing needs and circumstances of the society in which it functions. A case to illustrate this point would be W v Registrar of Marriages [2013] HKCFA 39 (CFA).

Gone are the days when live in relationships were considered to be a taboo in the Indian society. The concept of live in relationships or cohabitation came in India from the western culture. We have already seen that the western culture is now dominating our traditional culture and the concept of live in relationships is just another example of it. It is the desire to become more modern, open minded and civilized which is making the western culture attractive. Keeping all these factors in mind, the government also needs to bring reforms in the existing laws according to the changing needs of the society. Previously

After independence, a notable case which can cited for the purpose of understanding the legality of live in relationships is that of Badri Prasad v. Dy Director of Consolidation wherein issues where raised regarding the legal status of the relationship between two individuals who had resided together for a period of almost fifty years without formally marrying. The court held in this case that there is always a strong presumption in favor of wedlock and even though this presumption is rebuttable, a heavy burden of proof lies on the person so alleging this.

11. The Supreme Court of Appeal uses two arguments in the Paixão case to get around the decision in the Volks case. The court states that it is inapplicable for the court to extend and develop the common law to simply include unmarried heterosexual relationships. The first argument is for practical reasons as it is inadequate for the Road Accident Fund to disprove the appellant’s dependence on a life partnership to support the survival party if a death of a partner had to occur. Second, the extension of legal protection to