VAKALATGIRI

MEASURES FOR PREVENTION OF FATAL ACCIDENTS OF SMALL CHILDREN DUE TO THEIR FALLING INTO ABANDONED BORE WELLS AND TUBE WELLS In 2010, Supreme Court of India had issued the following directions when it came to the construction of bore wells and tube-wells :- (i) The owner of the land/premises, before taking any steps for constructing bore well/ tube well must inform in writing at least 15 days in advance to the concerned authorities in the area, i.e., District Collector/ District Magistrate/Sarpanch of the Gram Panchayat/any other Statutory Authority/concerned officers of the Department of Ground Water/Public Health/ Municipal Corporation, as the case may be, about the construction of bore well/tube well. (ii) Registration of all the drilling agencies, namely, Government/Semi Government/Private etc. should be mandatory with the district administration/Statutory Authority wherever applicable.    (iii) Erection of signboard at the time of construction ne...

UNWORKABLE, EMOTIONALLY DEAD, BEYOND SALVAGE AND BROKEN DOWN   IRRETRIEVABLY   Bench of Justice Sanjay Kishan Kaul and Justice MR Shah has ordered dissolution of a marriage of a couple, living separately for 22 years and failing to reconcile their differences.  In    R. Srinivas Kumar vs R. Shametha, (CIVIL APPEAL NO. 4696 OF 2013 ) Supreme Court dissolved the marriage under Article 142 of Indian Constitution.The court termed the marriage "unworkable, emotionally dead, beyond salvage and broken down irretrievably". The husband had filed an appeal in the Supreme court against the 2012 Andhra Pradesh High Court judgement, upholding the family court decision to refuse to pass a decree of divorce against the wife. The couple had got married in 1993, but later, a difference of opinion emerged, with the husband alleging that cruelty was meted out to him. Till 1997, for a majority of time, the wife stayed at her parental house. The husband filed a divor...

ARTICLE 370- A BRIEF NOTE  Written By : Ms. Ankita Rana  Sr. Executive Law, BHEL  Article 370 of the Constitution of India, 1949 accords a special status to the State of Jammu & Kashmir. It limits the application of the provisions of the Constitution of India to the State of Jammu & Kashmir, (except Article 1 and Article 370 itself) and permits the state to draft its own Constitution. It restricts Parliament’s legislative powers in respect of J&K.  HISTORY OF ACCESSION OF J & K TO INDIA In order to understand Article 370, it is important to first understand the legislative history behind the provision. The provision was introduced in the Constitution as unlike other princely states, special conditions existed in the State of Jammu & Kashmir as follows: • India was at war with Pakistan and there was a cease fire agreed operating at the relevant time; • The internal condition in the state of J & K was still unusual and ...

SECOND WIFE IS ALSO ENTITLED TO MAINTENANCE UNDER SECTION 125 OF Cr.P.C: SUPREME COURT A bench of Justice Banumathi and Justice Bopanna has recently refused to interfere in the High Court order granting maintenance to a second wife. In  T K Surendran vs P Najima Bindu, Supreme Court    stated and held "In view of the judgment of this Court reported in  2014(1) SCC 188 titled Badshah vs. Urmila Badshah Godse and Anr ., we are not inclined to interfere with the impugned judgment affirming the award of maintenance to the respondent-wife. The special leave petition is, accordingly, dismissed". Badshah vs. Urmila Badshah Godse and Anr. 2014(1)SCC 188  In Badshah vs Urmila Badshah Godse case the court ruled that a woman, duped into marrying a person who was already having a subsisting marriage, would not be affected by the Hindu Marriage Act and would be treated as a legally wedded wife for the purpose of claiming maintenance...