Case notes

Breach of Promise to Marry is Not Rape

In its decisions dated March 12, 2014, the Bombay High Court, before Justice Mridula Bhatkar in the case of Mahesh Balkrishana Dandane v. State of Maharashtra (Criminal Anticipatory Bail Application No. 27 0f 2014 and Criminal Intervention Application No.

Restriction imposed on Dahi Handi

A two judge-bench in the Bombay High Court in the case of Mrs. Swati Sayaji Patil v State of Maharashtra and Ors. CRPIL. 56-14, PIL. 95-13, PILL. 97-14 & NML. 456-14 held that children below the age of 18 would not be permitted to take part in Dahi Handi festival and passed a series of directions for the government, organizers and municipal authorities.

Judicial Activism or Judicial Overreach?

In Vishaka and others vs. State of Rajasthan and others WP (Crl.) Nos.666-70 of 1990 decided on 13.08.1997, the Supreme Court (‘the Court’) found itself dealing with the issue of sexual harassment of women in the workplace.

Does Gambling Qualify as a Trade?

A five judge bench of the Hon’ble Supreme Court, in State of Bombay vs R.M.D. Chamarbaugwala (AIR 1957 SC 699), held that gambling or conducting the business of gambling is extra-commercium and hence not included within the meaning of ‘trade, commerce or intercourse’.

Right to Employment vs Security

The Hon’ble High Court of Gujarat, in Mahila Utkarsh Trust vs Union of India (2014 SCC OnLine Guj 7642), held the provisions contained in Section 66(1)(b) of the Factories Act, 1948 – prohibiting women from working in factories between 7.00 pm and 6.00 am - to be ultra vires Articles 14, 15, 16, 19(1)(g) and 21 of the Constitution of India, relying on the decision of the Hon’ble Supreme Court i

Norms and Standards: Only for Private schools?

In Punjab Private School Organization v. Union of India and Ors., Civil Writ Petition No. 7770 of 2014, order dated 25.04.2014, the High Court of Punjab and Haryana at Chandigarh dismissed the petition filed under Art.