Introduction: The question regarding the ability of a court to mandate the re-evaluation of examination papers in the absence of a specific statutory provision is a matter of great legal significance. The Supreme Court of India has consistently maintained that re-evaluation of examination papers is not a right that candidates can demand unless there is an explicit provision in the relevant rules or statutes. The jurisprudence pertaining to the re-evaluation of answer scripts in India is marked by a strong reluctance to interfere in the absence of statutory provisions. Nevertheless, the Supreme Court has made exceptions in situations where there are clear errors in evaluation or when statutory rights, such as those enshrined in the Right to Information (RTI) Act, are implicated. Together, these judgments underscore the importance of maintaining a balanced approach that respects the autonomy of educational institutions while ensuring fairness and accuracy in the evaluation process.
Continue reading “Legal Perspectives on Re-Evaluation of Answer Sheets – Key Judgments”Category: Law
A Dive into Ex Parte Decree Nuances: Legal Insights from Shakuntla Devi’s Court Battle
The story begins with Dhani Chand, a man bound in matrimony to Kushla Devi. As often happens in the complex tapestry of human relationships, their union unraveled, leading Dhani Chand to seek solace in the arms of the law. He filed a petition for the dissolution of marriage, a plea to untie the nuptial knot that had bound him to Kushla. The case, registered as HMP No. 54-P/III/2004, was a silent cry for release from the vows once cherished.
However, fate played its cruel hand when the summons, the heralds of this legal battle, failed to find Kushla. Lost in the labyrinth of administrative procedures, the notices sought Kushla at an incorrect address. Unaware and unreachable, Kushla remained oblivious to the legal storm brewing in the courts of Dharamshala.
The court, following the rhythm of law rather than the melody of human nuances, proceeded ex parte. Dhani Chand’s plea was heard in the absence of Kushla, and the decree of divorce was granted, severing the bonds that once promised eternal companionship.
Continue reading “A Dive into Ex Parte Decree Nuances: Legal Insights from Shakuntla Devi’s Court Battle”Himachal Disaster (2023) and Landmark Cases on Environmental Accountability:
Nestled amidst the majestic Himalayas, Himachal Pradesh is often hailed as the ‘Abode of Gods.’ Its pristine landscapes, lush forests, and meandering rivers have long been a haven for nature enthusiasts. However, recent environmental challenges, particularly indiscriminate construction activities, improper waste disposal, and consequential disasters, have cast a shadow over this paradise. These pressing concerns not only highlight the immediate vulnerabilities of Himachal but also serve as a microcosm of the broader environmental challenges India faces. As we delve into India’s environmental legal journey, it’s imperative to understand the Himachal disaster as a poignant backdrop, a stark reminder of the delicate balance between development and conservation. This article, while tracing the evolution of environmental jurisprudence in India, underscores the urgency of addressing these challenges, with Himachal’s situation serving as a clarion call for action.
Continue reading “Himachal Disaster (2023) and Landmark Cases on Environmental Accountability: “Transfer of Judges – A Tool to Undermine the Institution of Justice
The article was first published 3 years ago on February 27, 2020 at https://himachalwatcher.com/2020/02/27/transfer-of-judges-a-tool-to-undermine-the-institution-of-justice/
Justice S. Murlidhar of the Delhi High Court, who was hearing a petition on the Delhi Riots, sharply condemned both the government and police on Wednesday. His scathing remarks questioned the workings of the police. Following it, orders for his immediate transfer came late at night the same day to the Punjab and Haryana High Court.
Continue reading “Transfer of Judges – A Tool to Undermine the Institution of Justice”Can amendments in the law undo the effects of a judgment?
Bail or Jail; High Court of Tripura Grapples With Drug Menace
The Article first appeared on April 29, 2019
Tripura, a small 10,039 sq km state, is encircled on three sides by Bangladesh and is three hours by train from its capital Dhaka and main port city Chittagong. An increase in drug/substance abuse has been noted in this small state. It is seen that hard drugs are being smuggled into the state from Bangladesh and Burma. Indian made cough syrup is peddled in Bangladesh while the Burmese Ya ba tablets come to Tripura.
Continue reading “Bail or Jail; High Court of Tripura Grapples With Drug Menace”HP High Court Orders Video Conferencing For Recording Evidence
Much before the current pandemic situation, the courts were making orders for video-conferencing for recording evidences in special circumstances.
Continue reading “HP High Court Orders Video Conferencing For Recording Evidence”Marriage Between a Male And a Trans-woman is a Valid Marriage
There are times when one feels proud to be a part of the legal profession. One such moment has come due to a recent judgment passed by a bench of the Madras High Court. The judgement was authored by J. G.R Swaminathan.
Continue reading “Marriage Between a Male And a Trans-woman is a Valid Marriage”CAA and NRC – A Dissent on Grounds of Equality and Fraternity
(The Article was first published on December 22, 2019)
In the past few days, there has been unrest in the country over two actions of the parliament i.e firstly, due to introduction of a law called Citizen Amendment Act (CAA), which deals with granting of citizenship to refugees, and secondly, due to the declaration that India will soon have a register of citizens (NRC) where all citizens will have to prove their citizenship with documentary evidence.
Continue reading “CAA and NRC – A Dissent on Grounds of Equality and Fraternity”Academic Merit of the candidate must also reckon the services rendered for the Common Good
In view of ensuring ‘Right to Health’, adequate medical facilities and an adequate number of doctors in the rural areas, an important order has been passed by the Patna High Court in the current circumstances of a ‘Pandemic’. The Order is in line with judiciaries endeavor to fulfill its obligation towards securing social justice for the poor and especially for the people living in rural parts of our country.
Continue reading “Academic Merit of the candidate must also reckon the services rendered for the Common Good”Saving Gudiya: Laws, Rights of Victim, Role of Government, Judiciary, and Society
In the countless cases of rape and sexual assault that we encounter as lawyers, victims often find themselves grappling with confusion and uncertainty. They’re unsure of what to do, what to expect, and the rationale behind each step in both the pre-trial and trial stages. This lack of legal orientation and guidance breeds immense anxiety, leaving victims vulnerable to exploitation as they seek even the most basic legal information. Essential rights—such as timely access to an FIR, support during testimony, compensation, and free medical treatment—are frequently withheld, compounding the trauma they’ve already endured.
Continue reading “Saving Gudiya: Laws, Rights of Victim, Role of Government, Judiciary, and Society”“I Just Want to Go Home”–The Migrant Crisis and The Judiciary
The real competency test for the Nation isn’t ordering lock-down – it’s coming out of it.
Continue reading ““I Just Want to Go Home”–The Migrant Crisis and The Judiciary”
LawUmbrella 