No Copyright subsists in the "title" of a Literary Work: Supreme Court [Read Judgment]

The Supreme Court in a landmark judgment held that no copyright subsists in the title of a literary work. The Hon'ble Apex Court bench comprising of Justices Madan B Lokur and S.A. Bobde was considering a criminal appeal preferred by Krishika Lulla and others against the order of Bombay High Court refusing to quash a complaint and process issued under Section 63 of the Copyright Act, read...

Why don’t you implement Uniform Civil Code ? Supreme Court to Centre

The Supreme Court has said there was “total confusion” in the country due to various personal laws governing religious practices and asked the Modi government to clarify if it was willing to implement the Uniform Civil Code.It is to be noted that BJP had promised the code in its election manifesto ahead of the 2014 general elections.“There is total confusion. We should work on the...

Beneficial Legislation warrants liberal interpretation by the State as a Model Employer: Supreme Court

This is a peculiar case in which both the appellant and respondent have acted in accordance with law; said the Supreme CourtThe Apex Court while adjudicating a Civil Appeal observed that the State as a model employer should construe provisions of a beneficial legislation in a way that extends the benefits thereunder to its employees, instead of curtailing it.The appeal was preferred by...

Complaints against proposed Creche in SC; Top Court issues Notice to its Registry and SCBA

Opening a creche is definitely not a child’s play.Even before the one planned in Supreme Court began functioning, it has landed in litigation.The apex court today sought the view of its Registry and the Supreme Court Bar Association on a petition which among others complained that the day care being set up for the benefit of lawyers with small kids did not have adequate facilities and...

"Overriding" NGT's 4-day-old order, SC directs to impose Rs 700 –Rs 1,300 pollution tax on trucks entering Delhi

The Supreme Court today directed the Delhi government and the MCD to levy an Environment Compensation Charge (ECC) ranging from Rs 700 to Rs 1,300 on commercial vehicles, largely trucks, entering the capital and cause pollution.A three judge special bench of Chief Justice H L Dattu, and Justices Arun Mishra and Adarsh Kumar Goel ordered that the charge should be levied on all...

Stale claims could not be allowed to rise like a phoenix by the Writ Court; Supreme Court [Read Judgment]

Stale claims are not to be adjudicated unless non-interference would cause grave injustice. A writ court while deciding a writ petition is required to remain alive to the nature of the claim and the unexplained delay on the part of the writ petitioner. The Supreme Court of India has held that Stale claims are not to be adjudicated unless non-interference would cause grave injustice. A Bench...

Breaking; UOI to consider to entrust the Functions of Bar Council to a body headed by Rtd.SC Judge; Madras HC issues Guidelines to clean the Legal Profession [Read Judgment]

Madras High Court today issued Guidelines to prevent intrusion of person having criminal antecedents without legally studying bachelor of Law Degree for maintaining the purity in the justice delivery system."Neither Legal Profession is an asylum for criminals Nor law Degrees are shields for their criminal activities ". Legal profession is blighted by the entry of criminal elements. It is...

The Rule of Law and Human Rights in India

I am privileged to be given this opportunity to present the Second H.R. Khanna Memorial Lecture.I remember the days of Emergency when we, the public, were very unaware of what was happening as there was total censorship of newspapers.During the height of emergency, the people of the country were wholly unaware of what was happening in regard to the challenges which would have an impact upon...

The Lethal Trojan in Indian Penal Code; Sec 307-Part-II

Justice Kurian Joseph opened the judgment in Sunil Damodar Gaikwad [2014] by witting - “Death and if not life, death or life, life and if not death, is the swinging progression of the criminal jurisprudence in India as far as capital punishment is concerned.” Our statute books though resistantly, provide death for social, political and economic crimes. Interestingly, two...

Criminal Antecedents of Accused cannot be ignored while granting Bail; SC [Read Judgment]

A Two Judge Bench of Supreme Court today in Neeru Yadav v. State of UP has held that criminal antecedents of Accused cannot be totally ignored while granting Bail. The Bench was hearing an appeal against the Allahabad High Court order which granted Bail to Budhpal @ Buddhu- one of the Key Accused [Respondent;2] in a Murder Case. The High Court extended the Bail to Budhpal by applying...

Breaking; Prohibition of Child Marriage Act is a Secular law and would prevail over Personal Laws of Parties : Gujarat HC [Read Judgment]

Gujarat High Court on Wednesday ruled that the Prohibition of Child Marriage Act, 2006 is a   secular law which specifically deals with the problem of child marriages. It is also held that the provisions of the Prohibition of Child Marriage Act, 2006 being a "Special Act" and being a subsequent legislation, to this extent and in case there is any conflict, will override the provisions of...

Not fruitful to ask ‘fairly aged’ Ansal Brothers to undergo rigorous imprisonment; Supreme Court

The Supreme Court of India on Tuesday, has pronounced the Judgment on the issue of sentencing of Ansal Brothers and another convict, in Uphaar Tragedy case. Although the operative part of the order was pronounced on August 19th, 2015, shortly after hearing the matter, the court has given the reasons for passing such an a month later, through this judgment.The reason given by the three...