JANE KAUSHIK v. UNION OF INDIA 2025.

Doctrine of reasonable accomodation under article 14 (equal protection of law protects it)

Reasonable accommodation is a measure to ensure that the beneficiary thereof enjoys or exercises all human rights and 
fundamental freedoms at par with the others. It casts positive obligation on the State and establishments to make the necessary  modifications to reasonably accommodate the persons who are placed at a disadvantage.

Doctrine of “disparate discrimination” propounded in Griggs v. Duke Power Co. 1971, USA was applied in Nitisha v. Union of India, reported in (2021)

Meaningful equality is not only mere absence of intentional inequality but also encompasses within its fold the introduction of efficacious systems that resolve existing inequality and does not reinforce them.

In nitisha (supra) two-pronged test to identify indirect discrimination borrowed from Canada judgment Joanne Fraser v. Attorney General of  Canada, 2020

1. whether the impugned provision, rule, policy or action disproportionately impacts a particular group. (courts will see the language and impact on particular group.

2. whether the impugned provision, rule, policy or action perpetuates or exacerbates the disadvantage suffered by a particular group


Conclusion: Indirect discrimination is dealt by joseph shine and nitisha judgment in detail which in a nutshell means discrimination is not
necessarily a result of mala fide intention, rather, it can be a by-product of unconscious biases or an inability to recognize that the laws, rules or measures enacted can have the effect of perpetuating an unjust status quo.


Omission by Legislature resulting in violation of the Right against Discrimination
💯 See I was correct to mention this when I was dealing with 377 Issue in BNS.

#COI@CurrentLegalGK
#Discernible_topics@CurrentLegalGK

Public law compensation guidelines | compensation under article 32 or 226

ADA FINAL ORDER P&H HC.pdf

SYLLABUS of ADA UNCONSTITUTIONAL FOR THE AFOREMENTIONED REASONS.

ARTICLE 14 and 16 the test of reasonableness and rationale nexus with object failed.

Law without legality, process without fairness, and discretion without accountability are anathema to our constitutional order.

Salute to all the fighters and shame to all the recruiters like this one.

Article 320(3)(b)
#COI@CurrentLegalGK

RAJENDRA BIHARI LAL
v.
STATE OF UTTAR PRADESH
2025

Page 45, 67 to 94 on principles regarding quashing of criminal proceedings.

#BNSS@CurrentLegalGK

The Story of Bandi Chhor Divas – Sikh Dharma International
https://www.sikhdharma.org/the-story-of-bandi-chhor-divas/

🪔🎆 Happy Diwali, a festival of success celebrated by showing that in every situation of darkness, light always prevails.

I really hope you achieve your goals sooner than you think and enjoy that success fully as you wanted.

Old wishes: https://t.me/CurrentLegalGK/661

Uttarakhand proposes amendments to UCC: What could change, why 🔗
#express_explained

#Question@CurrentLegalGK

Trace the constitutional essence behind mediation.



Legal Analysis of Recent Judgments on Reservation Policies in India | SCC Blog
https://www.scconline.com/blog/post/2025/10/20/legal-analysis-of-recent-judgments-on-reservation-policies-in-india-legal-research-legal-news-updates-2/

Contradiction on one layest judgment that if rules prescribes an embargo the reserved candidate cannot go in general category seat which is against landmark judgments.

#COI@CurrentLegalGK

IPR and CRPC provisions dealing with child

Language and Literature in the World of Law.

Combined reading of law and literature especially of our own country helps in humanising the law, broadens our horizon for society, helps in fulfilling the purpose of law that is law is for society.

Translate krlena

#Readings@CurrentLegalGK

Tests To Determine Employer-Employee Relationship In Cases Under Industrial Disputes Act, Factories Act Etc : Supreme Court Discusses
https://www.livelaw.in/top-stories/tests-to-determine-employer-employee-relationship-in-cases-under-industrial-disputes-act-factories-act-etc-supreme-court-discusses-307500

You see I discussed this in detail earlier as well, if you remember.

GENERAL MANAGER, U.P. COOPERATIVE BANK LTD v. ACHCHEY LAL & ANR. 2025

This is a good judgment clearing all doubts.

Employer employee relationship, contract law, tort law.

#Labourlaws@CurrentLegalGK
#Taxation@CurrentLegalGK

Hindu Succession Act Doesn't Apply To Scheduled Tribes: Supreme Court Reiterates
https://www.livelaw.in/supreme-court/hindu-succession-act-doesnt-apply-to-scheduled-tribes-supreme-court-reiterates-307530

💯 RAM CHARAN v. SUKHARAM 2025

QUESTION OF LAW:

Whether a tribal woman (or her legal heirs) would be entitled to an equal share in her ancestral property or not.

FACTS: Legal heirs of Dhaiya (GOND women) from scheduled tribe filed suit for partition of maternal grandfather property (nanaji) but the trial court, 1st appellate court and HC (2nd appellate) held that they couldn't prove that they are governed by hindu succession act 1956, therefore justified in dismissing the suit.

PROVISIONS FOR INTERPRETATION:
1. “Section 2(2) HSA, 1956 Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to the members of any Scheduled Tribe within the meaning of clause (25) of article 366 of the Constitution unless the Central Government, by notification in the Official Gazette, otherwise directs.”

2. Section 6 of Central provinces Laws Act 1875,
In cases not provided for by section 5 , or by Rule in cases any other law for the time being in force, the Courts shall act according to justice, equity and good conscience.

Briefly stating section 5 deals with family laws including succession for hindu mohammedan and customary as the case may be.

QUESTION BEFORE SUPREME COURT
SC after perusing the background of case concluded that hindu law has no application because parties could not prove they have adopted hindu tradition & since there no application of HSA, 1956 then customs must be proved but they are too not proved.

So now the whole case is dependent of Section 6 application of 1875 Act

SC held that HC rejection to apply 1875 law that it os repealed is incorrect because of saving clause.

LAW ON JUSTICE, EQUITY & GOOD CONSCIENCE

1. It is applied when there is void in law as in present case NO HSA NO CUSTOM
has any application in Dhaiya's case.

2. Landmark large bench case M. Siddiq v. Suresh Das, 2020 (Ram Janmabhoomi Temple) discussed the law as follows:

"The common underlying thread is that justice, good conscience and equity plays a supplementary role in enabling courts to mould the relief to suit the circumstances that present themselves before courts with the principal purpose of ensuring a just outcome. Where the existing statutory framework is inadequate for courts to adjudicate upon the dispute before them, or no settled judicial doctrine or custom can be availed of, courts may legitimately take recourse to the principles of justice, equity and good conscience to effectively and fairly dispose of the case"

RELIED ON: SC relied on Article 14, 15, 38 and 46 and precendents on equality such as Maneka Gandhi v. UoI 1978 and Shayara Bano v. Union of India, 2019

Excerpt from shayara bano
Overemphasis on the doctrine of classification or an anxious and sustained attempt to discover some basis for classification may gradually and imperceptibly deprive the Article of its glorious content…

HELD: No such custom of female succession could
be established by the appellant-plaintiffs, but nonetheless it is
also equally true that a custom to the contrary also could not be
shown in the slightest, much less proved and therefore relying on Justice Equity and Good conscience and Article 14 of constitution dhaiya and her legal heirs are entitled to equal share in property.

ANALYSIS:
The SC mentioned that trial courts and appellate courts presumed the negative connotation that customs of equal share to women doesn't exist in Gond tribe and cpurts relied on a case of where custom is required to be proved, SC said trial courts could have presumed reciprocally by presuming existence of equal share and let defendants prove there is no equal share.

Well generally the burden of proving is on the person claiming the right but in this case there was a void and in these type of situations basic constiutional ethos must be kept in mind such as equality.

#HSA@CurrentLegalGK
#SUCCESSION@CurrentLegalGK

☝️this is very good read it

In Tirith Kumar, the Supreme Court had urged the Parliament to extend the Hindu Succession Act to Scheduled Tribes. Likewise, in Kamla Neti v. LAO (2023), the Supreme Court noted that “it is high time for the Central Government to look into the matter and if required, to amend the provisions of the Hindu Succession Act by which the Hindu Succession Act is not made applicable to the members of the Scheduled Tribe.”

Juvenile Justice Act Prevails Over Muslim Personal Law; Adopted Child Has Same Status As Biological Child : Madras High Court
https://www.livelaw.in/high-court/madras-high-court/madras-high-court-jj-act-prevails-over-muslim-personal-law-307529

Section 138 BSA Is The Misconceived Product Of Judicial Misinterpretation
https://www.livelaw.in/articles/accomplice-testimony-and-section-138-bharatiya-sakshya-adhiniyam-analysis-307532