LawJini Associates

17/05/2021

In law, the term 'neighbour' means;

"People who might be affected by your actions"

02/04/2021

:: 10 rules to be a successful lawyer ::

1. Do not be a prisoner of your past.
2. What comes out of your mouth is more important that what goes in it.
3. People will admire you more for your health and happiness than your bank account.
4. Take 10 minutes each day to not think but just breathe.
5. Lawyers are admired more for their honesty (and/or humanity) than winning.
6. You have to balance and take care of your body, your mind and your family/community.
7. Nothing is more powerful than kind words.
8. Embrace change. Change is good.
9. If you don’t control your emotions, they will control you.
10. Being a lawyer is a gift.

11/03/2021

*Constitutional Provisions For Upliftment of the Schedule Caste*

📍 Article 15(4) refers to the special provisions for their advancement.

📍 Article 16(4A) speaks of “reservation in matters of promotion to any class or classes of posts in the services under the State in favour of SCs/STs, which are not adequately represented in the services under the State’.

📍 Article 17 abolishes Untouchability.

📍 Article 46 requires the State ‘to promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and to protect them from social injustice and all forms of exploitation.

📍 Article 335 provides that the claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State.

👉 Article 330 and Article 332 of the Constitution respectively provide for reservation of seats in favour of the Scheduled Castes and the Scheduled Tribes in the House of the People and in the legislative assemblies of the States.

📍 Under Part IX relating to the Panchayats and Part IXA of the Constitution relating to the Municipalities, reservation for SC and ST in local bodies has been envisaged and provided.

24/02/2021

"Right to marry or, for valid reasons, not to marry, as well as right to choose spouse is a well recognized right in Indian society since ancient era. "

"Inter-caste marriages were also permissible in ancient Indian society but for evils of Medieval period wrong perceptions have clouded the rich values and principles of our culture and civilization."

"We are living in a State governed by the Constitution and discrimination on the basis of caste by denying of right to choose spouse, is in violation of Fundamental Rights guaranteed under the Constitution of India."

18/02/2021

Devshri Trivedi a political analyst from Ahmedabad has sent 150 condoms to Bombay High Court additional judge Justice Pushpa V Ganediwala as mark of protest against her recent controversial judgements on POCSO.
She sent 150 condoms to justice12 different locations including Justice Ganediwala's chamber, Nagpur bench of the Bombay HC and the principal seat in Mumbai.

Justice Pushpa V Ganediwala acquitted a man of sexual assault on grounds of pressing breasts of a minor over clothes without direct skin-to-skin contact does not constitute "sexual assault" under the POCSO Act but offense under IPC 354.

In another judgment she aquited a 26-year-old man in a r**e case
Ruling that "unzipping pants or holding a minor's hand" does not amount to 'sexual assault' under the Protection of Children from Sexual Offences (POCSO) Act, 2012.

"I cannot tolerate injustice. A minor girl did not get justice because of a judgment by Justice Ganediwala. I am demanding that she (Justice Ganediwala) be suspended," Trivedi said.

“Women have to stand up for their rights. By this order of Justice Ganediwala, men can go scot-free for sexually assaulting girls over their clothes,"

12/02/2021

10/02/2021

SC:Prosecutrix in relationship with accused for more than two years, allegations of false promise to marry. R**e conviction not sustained.

Allegations of false promise to marry - Age of prosecutrix at the time of incident was 40 years, 10 years older to accused - Prosecutrix in relationship with accused for more than two years, accused used to stay overnight at her residence. No evidence of any fraudulent/ dishonest inducement. Prosecution case not proved beyond reasonable doubt. Accused acquitted of charges under sections 376, 417 and 504 IPC.

Case:
Tilak Raj Vs. State of Himachal Pradesh

Citation:
AIR 2016 SC 406
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18/01/2021

Handwritten Constitution:

The Constitution was marked on 24th January, 1950, by 284 individuals from the Constituent Assembly, which included 15 ladies. It came into power two days after the fact on 26th January 1950.
Name of the Ladies who contributed in Drafting of Indian Constitution:
1. Ammu Swaminathan
2. Dakshayani Velayudhan
3. Begum Aizaz Rasul
4. Durgabai Deshmukh
5. Hansa Jivraj Mehta
6. Kamla Chaudhary
7. Leela Roy
8. Malati Choudhury
9. Purnima Banerjee
10. Rajkumari Amrit Kaur
11. Renuka Ray
12. Sarojini Naidu
13. Sucheta Kriplani
14. Vijalakshami Pandit
15. Annie Mascarene

17/01/2021

*Do you know?*

The High Court of Orissa has seen *only three female judges* in its history spanning over seven decades. The first female judge was *Justice Amiya Kumari Padhi*, who was appointed in the year 1988. Later, in 2007, *Justice Sanju Panda* and recently in 2020, *Justice Savitri Ratho* were elevated to the Bench. Justice Panda and Justice Ratho are currently sitting judges of the Court. It is noteworthy that Justice Sanju Panda had held the office of *Acting Chief Justice* of the Orissa High Court for a few days as well.