News Updates
Environmental Law Weekly Round-Up [19 March-25 March, 2023]
A weekly round up of development in environmental law jurisprudence.Nominal Index1. Tushar Goswami v.Union of India & Ors.2. Gaurav Sharma v. Govt. of NCT of Delhi & Ors.3. Abhisht Kusum Gupta v. State of Uttar Pradesh & Ors.4. In re: news item in NDTV dated 28.02.2023 titled “2 Dead, 2 Injured in Explosion at Gujarat Pharma Company”5. Harpal Singh Rana & Anr. v. State...
Intention Appears To Be Enlightenment Of Society; No Offence: Bombay High Court On Ex-Governor Koshyari's Statements About Shivaji Maharaj
Observing that former Maharashtra Governor Bhagat Singh Koshyari’s statements were an analysis of history and the lessons to be learnt from it, the Bombay High Court dismissed a writ petition seeking criminal action against him for his statements about Chhatrapati Shivaji Maharaj, Savitribai Phule and Jyotirao Phule.A division bench of Justice Sunil B Shukre and Justice Abhay S...
Karnataka High Court Dismisses Appeal Against 30% Cap On Trade Margin Of 42 Anti-Cancer Drugs
The Karnataka High Court on Monday dismissed an appeal filed challenging a single judge bench order dated November 30, 2022, which had upheld a 2019 order issued by the Ministry of Chemicals and Fertilisers imposing a cap of 30% on trade margin of 42 anti-Cancer Drugs. A division bench of Chief Justice Prasanna B Varale and Justice M G S Kamal dismissed the appeal filed...
Child Labour: Delhi Govt Rescued Over 200 Children Since January, High Court Told
The Delhi High Court was informed on Monday that the Delhi government has rescued more than 200 children employed as child labourers in the national capital since January and that further raid operations are ongoing.A division bench of Chief Justice Satish Chandra Sharma and Justice Sachin Datta was hearing a plea moved by Bachpan Bachao Andolan highlighting the plight of children working...
Life Convicts Release Committee Must Meet Once In 2 Months: Karnataka High Court
The Karnataka High Court has directed the state government to ask the Life Convicts Release Committee, headed by the Principal Secretary, State Home Department, to meet once in two months to review and pass orders on applications made for premature release/remission made by convicts serving life imprisonment.“I deem it appropriate to direct the State Government to henceforth direct the...
S.23 Senior Citizens Act | Subsequent Undertaking By Transferee To Provide Basic Amenities Can Be Considered Part Of Transfer Deed: Calcutta High Court
The Calcutta High Court recently upheld an order of the Maintenance Tribunal which allowed an octogenarian transferor to revoke the gift deed made in favour of the transferee on the ground that the transferee harassed and failed to provide maintenance to the transferor, contrary to the specific undertaking given by the transferee. The single judge bench of Justice Moushumi...
Mere Breach Of Promise Not Equivalent To Giving False Promise To Marry: Madhya Pradesh High Court Quashes Rape Case
The Madhya Pradesh High Court at Gwalior quashing a rape case observed that a mere breach of promise to marry cannot be said to be a false promise to marry. Justice Deepak Kumar Agarwal observed that only a false promise to marry made with the intention to deceive a woman would vitiate the woman's consent being obtained under the misconception of fact. On going through the law laid down...
State Commissioner Of Food Safety Has No Authority To Impose Ban On Manufacture And Sale Of Gutka, Pan Masala: Andhra Pradesh High Court
The Andhra Pradesh High Court has held that Commissioner of Food Safety, Andhra Pradesh is neither authorized nor having any jurisdiction to issue the notification, prohibiting the manufacture and sale of Tobacco Pan Masala in exercise of powers under Section 30(2)(a) of the Food Safety and Standard Act, 2006 (FSSA, 2006).The bench of Chief Justice Prashant Kumar Mishra and Justice...
EPF Act | Reasoned Order Of Tribunal Waiving Pre-Deposit U/S 7-O Cannot Be Intervened With Unless Palpably Illegal: Himachal Pradesh High Court
The Himachal Pradesh High Court has recently ruled that a reasoned order of a Tribunal while hearing an application seeking waiver u/s 7-O of the Employee Provident Fund Act to deposit the amount as mandated under Sec 7A cannot be interfered with, unless the said order is either without jurisdiction or Palpably Illegal. Under the Section 7A of the Employee Provident Fund Act, the appeal of...
No Data Regarding Exact Population: Kerala High Court Holds Notifications Declaring Lakshadweep's Gram Panchayat Constituencies Ultra Vires
The Kerala High Court recently held the notifications declaring the local area comprising villages; the number of wards; and calling for objections to the proposed delimitation of Gram Panchayat constituencies/ wards, issued by the Lakshadweep Administrator and the Election Commission (EC) for the Lakshadweep Village (Dweep) Panchayat elections, as premature and ultra vires the provisions of...
Gauhati High Court Imposes Cost On Two Advocates Who Signed Vakalatnama For Non-Existing Person, Recommends Enquiry
The Gauhati High Court recently imposed a cost of Rs. 50,000/- each upon two advocates who had signed the Vakalatnama for a non-existing petitioner in a frivolous litigation which went on for more than 6 years.The single judge bench of Justice Sanjay Kumar Medhi observed:“what is astonishing is that the judicial process has been successfully taken for a ride for the last more than six years...
General Allegations Of Insult Without Demonstrating Provocation To Breach Public Peace Won't Attract S.504 IPC: Jammu & Kashmir High Court
The Jammu & Kashmir and Ladakh High Court has recently observed that a mere act of insulting a person would not satisfy the ingredients of section 504 IPC ( Intentional insult with intent to provoke breach of the peace), rather insulting should be of such a nature as would give provocation to the person insulted to break the public peace or to commit any other offence, in order to attract...