Friday, October 11, 2013

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

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.

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

Family members fighting for inheritance of mother deceased dead treasure

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: