In a recent order pronounced by Justice H.P. Sandesh of the High Court of Karnataka, the learned Judge has recommended that the Additional Sessions Judge who has granted bail / anticipatory bail in the case should be sent to the Karnataka State Judicial Academy for training. This is a serious adverse comment or rebuke of …
Continue reading “Training as Punishment to a Sessions Judge – Consequences.”
Mr. Sajan Poovayya, Senior Advocate who appeared for the President and Vice President of collage development and management committee today, completely annihilated the arguments of the petitioners. His fundamental submission was that his school is committed to impart Secular education and it cannot allow the students to wear whatever they want depending on their religion. …
S.Basavaraj, Senior Advocate, Bengaluru. Many disturbing posts and messages are circulated by a group called “Mangalore Muslims” making false, motivated and highly derogatory comments on Justice Krishna Dixit. See below; The comments insinuate Justice Krishna Dixit participating in a function having RSS links. These comments are made by few fanatics without even knowing what is …
ಎರಡು ದಿನ ನಿರ0ತರ ವಾದದಲ್ಲಿ ಅತ್ಯ0ತ ಚಾಕಚಕ್ಯತೆ, ಕಾನೂ ಪರಿಣತಿ ಹಾಗೂ ವಕೀಲವೃತ್ತಿಯ ಮೇರು ಗುಣಗಳ ಮೂಲಕ ಕರ್ನಾಟಕದ ಅಡ್ವೋಕೇಟ್ ಜನರಲ್ ಶ್ರೀ. ಪ್ರಭುಲಿ0ಗ ನಾವದಗಿ ಇದುವರೆಗೂ ಹಿಜಾಬ್ ಪರ ಮ0ಡಿಸಿದ್ದ ವಾದಗಳನ್ನು ಬುಡಮೇಲು ಮಾಡಿದರು. ಯಾವ ಆಚರಣೆ ಮಾಡದಿದ್ದರೆ ಒ0ದು ಧರ್ಮವೇ ಅವನತಿ ಹೊ0ದುತ್ತದೆಯೊ ಅ0ತಹ ಆಚರಣೆಗಳನ್ನು ಮಾತ್ರ “ಅಗತ್ಯ ಧಾರ್ಮಿಕ ಆಚರಣೆ“ ಎ0ದು ಕರೆಯಬಹುದು ಎ0ದು ತಮ್ಮ ವಾದವನ್ನು ಅತ್ಯ0ತ ಮಾರ್ಮಿಕವಾಗಿ ಪ್ರಭುಲಿ0ಗ ನಾವದಗಿ ಮ0ಡಿಸಿದರು. ಹಿಜಾಬ್ ಹಾಕಲಿಕ್ಕೆ ಈ ದೇಶದಲ್ಲಿ ಯಾವ ಅಡಚಣೆಯೂ …
Continue reading “ಹಿಜಾಬ್ ಪರ ವಾದವನ್ನು ಬಗ್ಗು ಬಡಿದ ಅಡ್ವೋಕೇಟ್ ಜನರಲ್ ಪ್ರಭುಲಿ0ಗ ನಾವದಗಿ.”
In what can be construed as magnificent display of professionalism, Karnataka Advocate General Mr. Prabhuling Navadagi met each one the arguments of the petitioners. Addressing his arguments on 21 February, the AG annihilated the arguments of the petitioners. The following judgements were quoted extensively. Durgah Committee, Ajmer and Another v. Syed Hussain Ali and Others …
Continue reading “Hijab Issue. Advocate General tears into the petitioners’ argument.”
When one says I need to prepare for trial, it is always assumed that the person is preparing for cross-examination. I always thought that trial advocacy means only cross-examination. If you look at books on advocacy, you will find one small section on opening or closing arguments, on small section on examination in chief and …
Ajay J Nandalike, Advocate, Bengaluru. In 2007 just before joining the profession, I was interning with a law firm and discussing with the Partner on career prospects. I told him I wanted to work in the area of arbitration. I will never forget his answer. He said, “ultimately arbitration is just procedural law just like …
Continue reading “The Death of Trial Litigation and its revival from 2015”
In Leyla Sahin v. Turkey, https://hudoc.echr.coe.int/fre#{%22itemid%22:[%22001-70956%22 the European Court of Human Rights upheld a ban on headscarf by the University of Istanbul does not of Sahin’s freedom of thought, conscience, and religion under Convention Article 9. The Court also stated that “the University of Istanbul’s regulations imposing restrictions on the wearing of Islamic headscarves and the measures taken to …
In his article “Rights of Women and Muslim Societies”, (7 Socio-Legal Rev. 44 (2011) Asghar Ali Engineer, a prolific writer and activist categorically says that the Quran does not prescribe the hijab. He observes; “Another example is that of the veil or purdah or burqa, frequently in the news today. The Qur’an does not prescribe the hijab A veil. …
Continue reading “Quran does not prescribe the hijab. Islamic Scholars.”
The earliest judgment as I can see is Spiers v Warrington Corporation [1954] 1 QB 61. A Muslim student wished to wear a Hijab a full Islamic dress, but this was not consistent with the school’s uniform policy. She complained that this interfered with her right to express her religion. The appeal court ultimately upheld …
Continue reading “Educational Institutions banning Hijab. Views of Courts and Scholars.”
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