PIL in Bombay HC alleging violation of Code of Conduct by PM Modi; HC seeks reply

Bombay High Court on Tuesday sought a reply from the Centre and the Election Commission of India on a Public Interest Litigation alleging violation of the Code of Conduct by Prime Minister Narendra Modi and other BJP MPs during the last Lok Sabha elections. The replies have been demanded within four weeks, by the Bench headed by Justice V.M. Kanade.The PIL, filed by Pune base social activist...

SCOTUS rejects APPLE’s appeal in E-Book price fixing case; APPLE to pay $400 Million in damages to consumers

The Supreme Court of United States has refused to review an Appellate Court finding that Apple had conspired with book publishers to raise the prices of digital books, in violation of state and federal antitrust laws.The Supreme Court refused to grant certiorari to the petition moved by Apple Inc. and thereby upheld the Appellate court finding. While the Liability Appeal was still pending...

Justice Naresh Kumar Sanghi passes away

Justice Naresh Kumar Sanghi, a sitting judge of the Punjab and Haryana high court, passed away today. He had a massive heart attack reportedly during his way back to his room after ‘darshan’ in TirupatiBalaji Temple, in Andhra Pradesh. TOI reports that his body is expected to reach Chandigarh tomorrow. He is survived by his wife and two sons.All courts in Punjab, Haryana and Chandigarh...

Police cannot arrest people for possessing/transporting Gutka: Bombay High Court [Read Judgment]

Bombay High Court has held that possessing/transporting Gutka and Pan Masala articles would not attract offence under any provisions of the Indian Penal Code. Division Bench comprising of Justices A.V. Nirgude and Indira K Jain, quashing the complaint against 21 Gutka/Pan Masala traders observed that Police cannot prosecute them.The traders transporting large quantities of Gutka in a truck,...

Freedom of Dissent and Constitutional Morality

Freedom of expression is the hallmark of a democratic society. Voltaire legendarily observed- “I disapprove of what you say, but I will defend to the death your right to say it.”  In United States, scholars have analyzed freedom of expression from colonial times to the battle over the Sedition Act of 1798, yet for the period after the expiration of that statute in 1801, there is...

High Courts Weekly Round-Up

Allahabad High CourtThe Allahabad High Court held that non-payment of pension constitutes a continuing wrong, and delay and laches or limitation will not thwart the claim. The Division Bench set aside the order of Single Bench which had dismissed the Writ petition on the ground of latches.The High Court reiterated that no person shall be allowed to use personal identification names and marks...

Supreme Court of Alabama upholds same sex marriage Rights [Read Judgment]

-The Supreme Court of Alabama has ruled [Jt] in affirmative, upholding the right of same sex marriage unions. The court while doing so, has repelled the challenges made by conservative religious groups who have noted a voice of disapproval against such relationship.The case was filed by Alabama Citizens Action Program and the Alabama Policy Institute seeking a writ of mandamus to the...

Harvard Law School scraps official emblem linked to slavery

Harvard Law School, one of the most prestigious colleges in the world, has decided to scrap its official seal, which features a crest of a notoriously brutal 18th century slaveholder.The crest, which says “Veritas”, the Latin word for truth, and shows three sheaths of wheat, was adopted by the law school in 1930s, after the Royalls, a family of plantation owners and merchants had helped establish Harvard’s first law professorship through a donation.The decision was taken after recommendation by...

The Rebel and the Judge; A Critical Note on #Kanhaiya Bail Order

Jail or bail; bail or jail; jail if not bail; bail if not jail - This was the swinging proposition of heated debates since 12th February when Kainhaiya Kumar was arrested by Delhi Police. Under Hindu Mythology, Lord Krishna (another name for whom is Kanhaiya) was born inside jail. His mother was jailed by the maternal evil uncle Kansa as he was apprehensive of death by hands of Krishna. The...

New Aadhaar Bill introduced as money bill in Lok Sabha [Read the Bill]

The National Democratic Alliance (NDA) Government on Thursday introduced the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Bill, 2016, in the Lok Sabha as a money bill, amidst opposition from Congress and the Biju Janata Dal.Read the Bill here The Bill seeks to provide statutory basis to Aadhaar, providing for “good governance, efficient, transparent,...

Tamil Nadu Judge serves memo on female Court staff for not washing innerwear

In an appalling revelation, a lower Court Judge in Erode has reportedly served a memo on a Court staff, demanding an explanation for not washing undergarments at his house, and for snapping at his wife in an arrogant tone.The memo, dated February 1, 2016 and signed by subordinate Judge D. Selvam of Sathyamangalam Court, states, “Please explain within 7 days why disciplinary action should not...

Himachal Pradesh HC asks State to ‘waive off’ farmer’s loan [Read Order]

High Court of Himachal Pradesh has asked the state to provide a mechanism to waive off the loans of farmer at least to the extent of Rs.50, 000. Division Bench comprising of Justices Rajiv Sharma and Sureshwar Thakur made this observation while hearing a petition filed by Bhartiya Govansh Rakshan Sanverdhan Parishad.Read the Order hereThe Court observed that the farmers in the state are...