'Disease Does Not Seek A Person On The Basis Of Their Financial Ability': MP HC Asks Govt To Finalize National Policy For Rare Diseases Within 6 Months [Read Order]

"Fundamental rights guaranteed under Article 21 of the Constitution of India also incorporate right to health. It is the corresponding obligation of Centre as well as the State Government to ensure that fundamental rights guaranteed under Article 27 of the Constitution of India is not violated." The Madhya Pradesh High Court has ordered the Central Government to forthwith finalize...

Kerala HC Dismisses Plea Against Women's Commission Chief Over Describing CPI (M) As Parallel Law Enforcement Mechanism [Read Order]

The Kerala High Court on Friday dismissed a petition seeking directions to remove the State Women's Commission chairperson M.C. Josephine from her post over her alleged remark that her party, CPI(M), was working as both a court and a police station. "It is, therefore, only where a person usurps a public office without authority, that a writ of quo warranto would be issued under Article 226...

Can An Arbitral Tribunal Pierce The Corporate Veil?

The concept of legal personality is a classic innovation of the law, it is perhaps the most relevant example of legal fiction. From the mid 19th century, the jurisprudence surrounding companies as legal entities has taken quantum leaps. The year 1844 introduced the world to the idea of incorporation of companies by registration.[1] Eleven years later, the doctrine of limited liability...

Karnataka HC Frames Guidelines For Payment Of Compensation In Motor Accident, Land Acquisition Cases Amid Limited Functioning Of Courts

The Karnataka High Court has evolved a procedure by which without compromising on the safety and security, payments due to claimants and victims in Motor Vehicle Accident Claim cases, claimants under the Workmen's Compensation Act, 1923 and claimants in Land Acquisition Compensation cases etc can be released. A division bench of Chief Justice Abhay Oka and Justice S Vishwajith...

Rajasthan HC To Resume Regular Functioning From June 29 Onwards [Read Notification]

The Rajasthan High Court has decided that all its benches will begin regular functioning from Monday, June 29 onwards. Through a notification dated June 12, it is intimated that both the Benches of High Court at Jodhpur and Jaipur shall function regularly from 10.30 AM to 4.30 PM and listing of matters shall be limited to 100 cases in each court. In case fresh/ urgent/ court...

Person Suffering From Covid-19 Cannot Be Expected To Produce Proof For Free Treatment In Hospital Under EWS Category: Bombay HC [Read Order]

The Bombay High Court on Friday observed that a person suffering from Covid-19 who belongs to the economically weaker section of the society cannot be expected to produce documentary proof before seeking admission in a hospital for free treatment. Division bench of Justice RD Dhanuka and Justice Madhav Jamdar were hearing via video conference a writ petition filed by seven residents of...

'Torture In Custody Unacceptable In Civilized Society' : Tamil Nadu Senior Advocates Forum Condemn Custodial Deaths Of Jayaraj & Bennix

Condemning the custodial deaths of Jayaraj and Bennix in Sathankulam, Thoothukudy, the Tamil Nadu Senior Advocates Forum passed a resolution on Saturday, calling for "justice to be done by swift meaningful steps".The resolution stated :"The death of Mr Jayaraj and his son Mr Benniks in Sathankulam while in the custody of the police has shocked the conscience of one and all. Torture ...

Ivory Possession Case:Kerala Govt Seeks Withdrawal Of Actor Mohanlal's Prosecution

The Kerala government has filed an application in a local court with a prayer to withdraw the ivory possession case against actor Mohanlal as it was satisfied that the continuance of the prosecution is a "futile exercise and total wastage of the precious time" of Court.The case dated back to December 2011 when a team of forest officials had seized two pairs of elephant tusks from...

#BodyArtandPolitics: Activist Rehana Fathima Moves Kerala HC Seeking Anticipatory Bail In A Case For Allegedly Using Children To Paint Her Semi Naked Body And Circulating The Video

Women's rights activist Rehana Fathima has moved the Kerala High Court for anticipatory bail in an FIR filed against her for posting a video wherein her two minor children are painting on her semi-nude body.The video, uploaded by the activist on her YouTube channel and other social media platforms with the hashtag "BodyArtandPolitics", has triggered public outrage, with people slamming her...

'While 1st Rank Cannot Claim Right To Post, Appointment Of 2nd Ranker By State Also Illegal, Arbitrary, Violative of Art. 14': Uttarakhand HC

'While the holder of first rank in a selection process cannot claim the right to be appointed, the appointment of the second-ranker is arbitrary and violative of Article 14 of the Constitution', declared the Uttarakhand High Court on Tuesday. The Chief Justice-led bench held that the failure of the respondent-state authorities to intimate the petitioner that he had stood first in...

Cross Border Insolvency: Should India Adopt The UNCITRAL Model Law?

The fourth in the series of webinars organized by the UNCITRAL National Coordination Committee, India (UNCCI) with UNCITRAL Regional Centre for Asia and the Pacific ("UNCITRAL RCAP") and the Faculty of Law, Manav Rachna University was held on 6 June 2020. The discussion was on Cross Border Insolvency: Should India Adopt the UNCITRAL Model Law, 1997" A panel of eminent speakers...

'This Case Shows How Tax Dept. Miserably Falls Short of Expectation': Delhi HC Makes Serious Observations on "the Procedural Fallibility and Shortcomings" Of GST System[Read Judgment]

In a case of unlawful expropriation of Input Tax Credit, the Delhi High Court last week made serious observations on "the procedural fallibility and shortcomings" of the GST system, even stating that the case demonstrates "how the tax department has miserably fallen short of the expectation". The issue raised by the Petitioner was that an attempt was made to transition the available...