Subject Notes on HINDU MARRIAGE ACT

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SC Agrees To Hear Petitions Challenging Citizenship (Amendment) Act 2019
Supreme Court bench headed by CJI Bobde agreed to hear the petitions challenging the Constitutional validity of Citizenship (Amendment) Act 2019 on December 18. At least a dozen Petitions have been filed in the Supreme Court challenging the new law which relaxed conditions for acquiring citizenship for non-Muslim migrants from Pakistan, Bangladesh, and Afghanistan. As per the Act Hindus, Sikhs, Buddhists, Parsis, Jains, and Christians who migrated to India without travel documents from Pakistan, Bangladesh, and Afghanistan on or before December 31, 2014, will not be regarded as illegal migrants.
Date - 16/12/2019 13:31:40

Delhi HC Refuses Urgent Hearing in matter of Jamia Milia Protest for Judicial Enquiry against Police Violence
Delhi High Court Chief Justice D.N. Patel refused to provide an urgent hearing in a plea seeking action against Delhi Police for using excessive force against the students of Jamia Millia Islamia University. The petitioner Advocate Rizwan Nazmi asked the court to constitute a judicial inquiry to investigate the incident. The plea also asked for medical assistance and compensation for the injured students. Students of Jamila Millia Islamia University have been protesting against the enactment of the Citizenship Amendment Act. As per the Chief Proctor of the University, Delhi Police forcefully entered the varsity's campus on Sunday, following which, many students were beaten and forced to leave the campus.
Date - 16/12/2019 13:31:09

Habeas Corpus Not Maintainable if Detention is Under the Witness Protection Scheme
Madhya Pradesh High Court Indore bench of Chief Justice Ajay Kumar Mittal and Justice S. C. Sharma held that a petition in the nature of habeas corpus is not maintainable in cases where the detention is made for the protection of witnesses, as envisaged under the Witness Protection Scheme, 2018. "Merely because, the petition in the nature of habeas corpus has been filed, this Court does not find any reason to allow the writ petition. No writ of habeas corpus, in the peculiar facts and circumstances of the case, can be issued especially when there is no illegal detention and in fact, the witnesses have been provided protection and care by the State" the bench said. 67 women and 7 children who were forced to indulge in sexual activities. The authorities had raided the brothel and rescued the women and children who willingly became witnesses and gave statements under Section 164 of CrPC. Thus they were then sent to shelter homes for safekeeping, under the Witness Protection Scheme, 2018. The court observed that where detention was aimed at protecting a person, the petition for habeas corpus will not be maintainable.
Date - 16/12/2019 13:30:37

Allahabad HC Disqualifies Rampur MLA Md. Abdullah Azam Khan
Samjwadi Party's MLA Mohd. Abdullah Azam Khan from Rampur has been disqualified by Allahabad High Court from the membership of the State Legislative Assembly for being less than 25 years of age as on the date of election. Article 173(b) of the Constitution of India prescribes that in the case of a seat in the Legislative Assembly, a candidate must not be less than twenty five years of age. The petition filed by one Nawab Kazim Ali Khan alleged that Azam had filed a fake affidavit, depicting that he was born in the year 1990, for the purpose of contesting assembly elections. It has been alleged that Azam was in fact born in the year 1993 and thus was not competent to stand in the 2017 assembly elections.
Date - 16/12/2019 13:30:02

Arms Amendment Bill 2019 Passed by Parliament
The Arms (Amendment) Bill, 2019, proposing life imprisonment as punishment for possessing or manufacturing illegal arms, has been passed by the Parliament. The bill makes celebratory gunfire also punishable with jail term and fine. The bill seeks to amend the Arms Act, 1959, to reduce the number of licensed firearms allowed per person and increase punishment for certain offences under the Act. The bill also introduces new categories of offences.
Date - 12/12/2019 11:58:08

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