Writ cannot be issued to Government to prefer a claim against a foreign Country in International Court of Justice: Kerala HC [Read Order]

A writ of Mandamus cannot be issued to the Union of India directing a foreign country to pay compensation before International Court of Justice , is the dictum laid down recently by the Kerala High Court in Margaret D’cruz v Union of India & others [W.A No:1271 of 2013] The petitioner's husband, Mr Wilfred D'Cruz, was employed as telex Operator in Riyadh (Saudi Arabia) in a company...

Supreme Court Summarizes Law On Mitakshara Joint Family Property, Prior To 2005 Amendment [Read Judgment]

Supreme Court, in Uttam vs. Saubhag Singh, has summarized the law governing the Mitakshara joint family property, prior to the amendment of 2005.Apex Court bench comprising of Justices Kurian Joseph and R.F. Nariman was hearing an appeal arising from a suit for partition, which was dismissed both by Trial Court and the High Court, holding that the date of the birth of the plaintiff in 1977...

CIC directs National Law University to disclose comments of professors on their live-in relationship, in ‘larger public interest’ [Read Order]

Though LiveLaw got the copy of the Order while publishing the story, we didn't publish it since it contains the personal details of the parties. We have then requested the CIC to consider the removal of names from the Order. Now we are publishing the order since the CIC removed the names of the parties from the order.In a recent ruling, the CIC directed a National Law University to...

High Court of Kerala directs stringent action against customized modification of vehicles [Read Judgment]

The High Court of Kerala in Francis M.C v State of Kerala and Others[W.P(C)No:7045/2016], has directed the State transport department and State police machinery to take stringent action against those persons who ply motor vehicles with customized modifications in violation of motor vehicle act/rules. The customized modifications pertain to the alteration of motor cycle parts like removal...

Undue leniency in awarding sentence needs to be avoided, says Supreme Court [Read Judgment]

Supreme Court, in State of M.P. vs. Udaibhan, has observed that undue leniency in awarding sentence needs to be avoided because it does not have the necessary effect of being a deterrent for the accused and does not re-assure the society that the offender has been properly dealt with.Apex Court Bench comprising of Justices Dipak Misra and Shiva Kirti Singh was hearing the Appeal filed by...

Supreme Court says SEBI penal provisions lack clarity; Calls for comprehensive legislation [Read Judgment]

Supreme Court, in Securities and Exchange Board of India vs. Kishore R. Ajmera, has observed that the provisions in Securities and Exchange Board of India Act governing power of imposition of penalty lacks clarity. The Court also opined that a comprehensive legislation in this regard can bring more clarity and certainty.The Apex Court Bench comprising of Justices Ranjan Gogoi and Prafulla C....

#Budget2016; Senior Advocates under Service Tax Net

In the Union Budged presented Today, the Exemption on services provided by,-(i) a senior advocate to an advocate or partnership firm of advocates providing legal service; and(ii) a person represented on an arbitral tribunal to an arbitral tribunal,are withdrawn and service tax at the rate of 14% will be levied under forward charge, with effect from...

Non-payment of pension constitutes a continuing wrong: Allahabad HC (DB) [Read Judgment]

The Allahabad High Court has held that non-payment of pension constitutes a continuing wrong, and delay and laches or limitation will not thwart the claim.Division Bench comprising of Chief Justice Dhananjaya Yeshwant Chandrachud and Justice Yashwant Varma set aside the order of Single Bench which had dismissed the Writ petition on the ground of latches. In this case, the petitioner had...

Book Review: Tackling discrimination through Law

A THEORY OF DISCRIMINATION LAW BY TARUNABH KHAITAN, OUP, 2015, Rs.645, Pages 262.UNEQUAL WORLDS: DISCRIMINATION AND SOCIAL INEQUALITY IN MODERN INDIA.  Edited by Vidhu Verma, OUP, 2015, Rs.995, Pages 422.Tarunabh Khaitan, who teaches law at Wadham College, University of Oxford, is a scholar known for his sensitivity to discrimination against and suffering by less privileged people in...

Bombay HC awards Life imprisonment to Acid Attack convict [Read Judgment]

Upholding the conviction of the accused in an Acid attack case, the Bombay High Court has enhanced the sentence to life imprisonment. Division Bench comprising of Acting Chief Justice V.K. Tahilramani, and Justice Dr. Shalini Phansalkar Joshi, imposed a fine of Rupees Two lakhs which is to be paid to the victim as compensation.Victim of Acid attack was a 26 year old techie girl when this...

Apex Court makes a family settle 5 decade long dispute; holds earlier suit for possession does not act as Res Judicata to a later suit for partition

The Supreme Court, in Nagabhushanammal (D) by LRS. Vs. C. Chandikeswaralingam, has put an end to five decade long property dispute between members of a family who, upon the direction of the court, finally agreed for a reasonable settlement. Bench comprising of Justices Kurian Joseph and R.F. Nariman held that an earlier suit for possession does not bar institution of a later suit for...

No prior permission of Court required for filing rectification petition before the IPAB during the pendency of an infringement suit: Delhi HC

In a recent ruling, a Full Bench of Delhi High Court has held that prior permission of the Court is not necessary under Section 124(1) (b) (ii) of the Trade Marks Act, 1999 for filing a rectification petition before the IPAB, during the pendency of an infringement suit.The Bench, comprising Justice S. Ravindra Bhat, Justice Vipin Sanghi and Justice Najmi Waziri observed that that the Court...