SUPREME COURT CLARIFIES SCOPE OF SECTION 28, SPECIFIC RELIEF ACT
Case Title: Ishwar (Since Deceased) Thr. Lrs and Ors. v. Bhim Singh and Anr.
The Supreme Court mentioned that even if the decree was passed by appellate court still applicants can file applications before trial court under Section28 of Specific Relief Act,1963.The Apex Court clarified that execution court, if it is the court of first instance, has jurisdiction to extend the time for a property buyer to pay the amount, treating such applications as part of the original suit.
Legal Framework:
- Specific Relief Act, 1963 (Section 28)
- Code of Civil Procedure, 1908 (Section 37)
Source: Supreme Court of India
MEGHALAYA BANS ‘TWO-FINGER TEST’ ON RAPE SURVIVORS
Case Title: Sunshine Kharpan vs. The State of Meghalaya.
As per the Supreme Court directives and national medico-legal guidelines for the rape The State of Meghalaya informed Supreme Court that it has issued a circular prohibiting the ‘Two-Finger Test’ on rape survivors. The Circular has mandated the survivor humane care and prescribes severe disciplinary action against physicians performing the test in accordance with guidelines.
Legal Framework:
- POCSO Act, 2012
- Guidelines and Protocols for Medico-legal care of sexual violence survivors (2014): These national guidelines emphasize the prohibition of invasive and insensitive practices like the two-finger test. They mandate proper care, psychological support, and non-intrusive medical examinations.
- State of Jharkhand vs. Shailendra Kumar Rai @ Pandav Rai (2022): The Supreme Court reaffirmed the illegality of the two-finger test, calling it a violation of victims’ dignity and privacy.
Source: Supreme Court of India
SC QUESTIONS KERALA HC ORDER ON A. RAJA’S ELECTION VOIDING
Case Title: A. Raja v. D. Kumar.
The Supreme Court questioned the Kerala High Court’s decision to annul A. Raja’s election from the Devikulam constituency without challenging his caste certificate. The HC had declared his election void, citing his alleged non-membership in the Hindu Parayan caste, but the SC noted that the caste certificate’s validity had not been disputed.
Legal Framework:
- Representation of the People Act, 1951 (Section 5):
- Deals with qualifications required for a candidate to contest elections, particularly with regard to caste reservations.
- Also mandates that candidates from reserved constituencies must belong to the appropriate Scheduled Caste or Tribe in the relevant state.
- Constitution (Scheduled Castes) Order, 1950: Recognise Scheduled Castes for each state, and caste based reservation eligibility on state-specific lists.
Source: Supreme Court of India
Also Read– DAILY CURRENT AFFAIRS (3 SEPTEMBER 2024)
