Cover Story
Indira Jaising’s 'Lawyers Collective' barred from receiving Foreign Funds
Union Home Ministry has suspended noted NGO Lawyers Collective's licence to receive foreign funds for Six months. Lawyers Collective is a Public Interest Service Organisation founded by activist lawyer Indira Jaising. The Home Ministry had earlier issued a Foreign Contribution Regulation Act (FRCA) violation notice against the NGO last year. The Home Ministry also directed the NGO to...
Breaking; National Company Law Appellate Tribunal (NCLAT) Constituted;Justice S.J. Mukhopadhaya is the Chairman
The Ministry of Corporate Affairs has issued notification for constitution of the National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT) with effect from today i.e. 1st June, 2016. Hon'ble Justice S.J. Mukhopadhaya, Judge (Retd.), Supreme Court of India has joined as the Chairperson of the NCLAT and Hon'ble Justice M.M.Kumar, Judge (Retd.) has joined as...
An Advocate cannot be added as an Accused for filing an affidavit contains false name of Accused; Punjab and Haryana HC [Read Judgment]
Punjab and Haryana High Court has recently held that only on the basis that an affidavit had been filed in the capacity of an Advocate along with an application for Anticipatory bail identifying the accused therein as named in the F.I.R., a Lawyer cannot be added as an Accused.Justice Tejinder Singh Dhindsa has quashed the order passed under Section 319 CrPC by the Additional Sessions...
Writ Petition Maintainable against Bar Councils and Bar Associations; Delhi High Court [Read Judgment]
To invoke Article 226, what is determinative is not merely the nature of the organization, but the function it perform, said the Court.Delhi High Court while delivering the Judgment in ‘One Vote One Bar’ repelled the contention that Article 226 cannot be invoked against Bar Associations are not statutory bodies, but merely represent the interests of their members, i.e., lawyers and they...
Breaking; Delhi HC directs Bar Associations to incorporate “One Bar, One Vote” and “One person One chamber” Principles in Rules [Read Judgment]
A Division Bench of Delhi High Court has directed to incorporate the one-bar, one vote principle forthwith in relation to every Bar Associations in Delhi (including the Delhi High Court Bar Association, the Delhi Bar Association, the New Delhi Bar Association, the Rohini, Shahdara, Saket and Dwarka Courts Bar Association and all other Court/Tribunals attached Bar Associations). The Court has...
Supreme Court Weekly Round-Up
Centre directed to formulate National Policy for proper rehabilitation of rape survivorsThe Supreme Court on Thursday directed the Centre to formulate a national policy for proper rehabilitation of rape survivors, opining that setting up of a separate fund like the Rs 2,000 crore ‘Nirbhaya fund’ was not enough and amounted to “just a lip service”.Italian Marines CaseThe Supreme Court...
Judges should not disclose the victim’s names in judgments in sexual assault cases: Delhi HC [Read Judgment]
The High Court of Delhi on Wednesday rapped the lower Court Judges for having disclosed the name of the victim of sexual assault in the judgments passed by them.“Before parting with the case, it is noted that in the impugned judgment dated 21.10.2013 name of the prosecutrix / victim has been disclosed / mentioned. The Trial Court was not expected to indicate the victim’s name in...
Oh, GOD! Ishwar Allah Tere Naam; Nothing Unconstitutional in Mamata’s Oath
Mamata Banerjee has scored another political point. She has introduced an inventive way of taking the oath in the name of ‘Allah and Ishwar’ combined, in the place of ‘GOD’ given in the form of oath as mandated by the Constitution. By this stroke of oath politics, she has pleased her two major constituencies. Though the act illustrates her political astuteness, one can foresee the...
Breaking; Writ Petition against CIC order to provide up-to-date Legal Information; Delhi HC directs to recover Rs.10K from Officials who authorised the filing of Writ [Read Order]
Delhi High Court has slammed the Central Government for filing Writ Petition against the Order of Central Information Commission (CIC) directing the Government to upload all the latest amended bare Acts and to examine the functionality of its e-mail ID and develop an appropriate RTI filing mechanism. Justice Manmohan also directed that the costs of Rs.10,000/- which was directed to be paid...
Madras HC to debar lawyers indulging in objectionable behaviour: New Disciplinary Rules notified [Read the Rules]
Madras High Court, has introduced new sets of disciplinary rules for the Advocates through an amendment, enabling it to debar lawyers who indulge in objectionable behaviour. In a notification published on 20th May 2016, new Rules 14A, 14B, 14C and 14D has been added to the existing Rules under Advocates Act.According to newly introduced Rules, an Advocate can be debarred from appearing before...
Triple Talaq is un-islamic, inhuman and unconstitutional; Army Tribunal [Read Order]
Declaration of oral triple talaq by ex parte proceedings, action or otherwise may not be given force by Government machinery or the courts while dealing with the subject matter being contrary to constitutional ethos, particularly Part III of the Constitution, said the Bench.The Lucknow Bench of Armed Forces Tribunal has held that the Constitution is the mother of all law and has...
Does the government want ‘parrot judges’?
All governments do want a submissive or pliant judiciary. While active judiciary may be good but activist judiciary is not a great idea as it may disturb the delicate balance of powers under separation of functions. Let judiciary too show the same level of determination to protect citizens' rights that it demonstrates in preserving its own independence.A few years back to the delight of the...