Editors Pick
Manjula Chellur-New Bombay CJ, Girish Chandra Gupta- new acting CJ of Calcutta HC
President of India has appointed Calcutta High Court Chief Justice Manjula Chellur as the new Chief Justice of Bombay High Court. She is directed to assume charge of the office of the Chief Justice of the Bombay High Court on or before 24th August, 2016.Shri Justice Girish Chandra Gupta, senior-most Judge of the Calcutta High Court, is appointed to perform the duties of the office of...
Petition filed in Delhi HC challenging notification under NDPS Act, HC issues notice
The High Court of Delhi on Tuesday demanded the Centre’s response on a petition challenging a notification issued by the Central Government under the Narcotics Drugs and Psychotropic Substances Act, 1985. A Division Bench comprising Chief Justice G. Rohini and Justice Sangeeta Dhingra Sehgal issued the notice.The notification under challenge stipulates that in cases where the accused is...
CIC rejects plea seeking publication of procedure followed by SC for designating “Senior Advocates” [Read Order]
The Central Information Commission has rejected a plea seeking publication of procedure followed by Supreme Court for designating an advocate as ‘Senior Advocate’.Dr. Satish Chandra, had sought details about Rules/Guidelines governing designation of an Advocate as Senior Advocate. The CPIO of the Supreme Court responded that the information sought was available on the website of...
Delhi HC dismisses challenge against reduction of Quota for Promotion in CISF : [Read Judgment]
The Delhi High Court, in its judgement delivered on 8th august 2016 dismissed a writ petition filed against the 2009 amendment to the CISF Recruitment Rules 1969. The petition claimed that the 2009 amendment was violative of Fundamental Rights inscribed under Art 14 and Art 16 of the constitution of India.The CISF inspectors filed the above petition in respect of recruitment to the post...
11 Factors to be considered by the Court while awarding interim Maintenance
Delhi High Court has recently re-iterated the factors to be considered by the Court while deciding an application for interim Maintenance. A Division Bench of Justices Pradeep Nandrajog and Pratibha Rani has observed that the object behind Section 24 of the Hindu Marriage Act, 1955 is to provide for maintenance, pendente-lite, to a spouse in matrimonial proceedings so that during the pendency...
Lok Sabha Unanimously passes 122nd Constitutional Amendment (GST) Bill
The Lok Sabha on Monday passed the 122nd Constitutional Amendment (GST) Bill as amended by the Rajya Sabha. 443 members of the lower house of Parliament unanimously voted in favour of the Bill. The Rajya Sabha had passed the Bill last week.The Prime Minister, during his speech in the House, termed the tax reform as ‘Great Step towards Transformation/Transparency.’ Addressing the...
Delhi HC CJ nominates Judges to ‘Commercial Division’ and ‘Commercial Appellate Division’ Courts
The Chief Justice of Delhi High Court has nominated five judges of the High Court as the Judges of 'Commercial Division'. ‘Commercial Appellate Division' Courts with Four Division Benches has also been constituted.Justices S. Muralidhar, Hima Kohli, Manmohan Singh, Rajiv Sahai Endlaw and Vibhu Bakhru are nominated as 'Commercial Division' Judges whereas the Division Benches comprising of...
Probing violence of different dimensions
ENGINEERS OF JIHAD: The Curious Connection between Violent Extremism and Education. By Diego Gambetta and Steffen Hertog, Princeton University Press, 2016.THE NEW XENOPHOBIA. By Tabish Khair, OUP, 2016.These two books address different concerns of people living in plural societies.To what extent, our laws aimed at preventing terrorist acts, reflect an understanding of the mind of a...
Judge is expected to remain sensitive when a child of tender age is examined as Witness: Delhi HC [Read Judgment]
Delhi High Court has recently held that the Presiding Officer is expected to remain sensitive when a child of tender age is under examination. The Court has made the above observation while dismissing an Appeal filed by Accused Hazari Paswan against his conviction and sentence for offence punishable under Section 10 of POCSO Act and sentenced to undergo RI for five years with fine...
Provisions of a Central legislation struck down by a High Court cannot be selectively applied in other States: Madras HC
There is no question of applicability of provisions struck down by the High Court as of now until and unless the Hon'ble Supreme Court upsets the Judgment or stays the operation of the Judgment, the Bench said.The Madras High Court has made an important observation in Dr. T. Rajakumari vs. The Government of Tamil Nadu that, once a High Court has struck down the provisions of the Central Act,...
A Policeman, who was dismissed from Service is not entitled to reinstatement on his acquittal in a criminal case: Calcutta HC [Read Judgment]
The High Court of Calcutta on Wednesday denied reinstatement of a Policeman, despite him being acquitted in a criminal trial. The Bench comprising Justice Rakesh Tiwari and Justice Nishita Mhatre noted the absence of any provision under the Police Regulations, empowering the authorities to reinstate the person in service after he has been found guilty in a departmental enquiry, only because...
File Notings relating to framing of Court Rules not “exempted information” under RTI [Read Order]
In an important order, the Central Information Commission has held that note/notings/deliberations relating to framing of Supreme Court Rules are not exempted under Section 8(1) of the Right to Information Act.RTI application filed by Mr. Satya Narain Shukla, was rejected by CPIO of Supreme Court Registry on the ground that notes and orders relating to framing of the Supreme Court Rules...