News Updates
Unlawful Assembly-Trial Of Offence U/s 149 IPC Not Illegal Merely Because Section 141 IPC Was Not Invoked: SC [Read Judgment]
The Supreme Court has observed that as long as the ingredients of unlawful assembly are met, Section 149 of the Indian Penal Code can be invoked and non invocation of Section 141 IPC would not render the trial under Section 149 IPC illegal.Section 149 IPC states that every member of unlawful assembly can be guilty of offence committed in prosecution of common object. Section 141 defines...
Non-Filing Of Chargesheet Within 3 Months Cannot Be A Ground For Revoking Suspension Order: Delhi HC [Read Judgment]
Delhi High Court refused to revoke the order passed by the Central Administrative Tribunal continuing the suspension of a senior government officer on the grounds of pending investigation against him for serious crimes. The court noted that by virtue of his position, if allowed reinstatement, he would be in a position to influence the witnesses. The present petition was filed against...
Highlights Of Parliament Monsoon Session 2019
The Monsoon Session of the Parliament concluded after the adjournment of Lok Sabha on Tuesday and Rajya Sabha on Wednesday. This was the first session of Parliament after the elections for 17th Lok Sabha. The session which began on June 17, 2019, was scheduled to end on July 26, 2019 but was extended until August 7, 2019 in order to complete legislative business. During the session,...
Gratuity Can't Be Forfeited Unless Termination Order Is Issued: Reiterates Bombay HC [Read Judgment]
Directing the employer to pay gratuity to an employee, the Bombay High Court has reiterated that gratuity of an employee cannot be forfeited under Section 4(6)(b) of the Payment of Gratuity Act, 1972 (the Act), unless his services were terminated. Background The writ petition was filed by an employee of the Maharashtra State Road Transport Corporation (Respondent), who was a conductor in one...
Names Of Resolution Professionals Facing Disciplinary Proceedings Can't Be Made Public : IBBI Appellate Authority [Read Order]
The First Appellate Authority (FAA) of the Insolvency and Bankruptcy Board of India has held against disclosure of names of insolvency professionals (IPs) facing disciplinary proceedings saying the same would impede the investigation process due to unwarranted public attention and is likely to harm practice of most IPs who are established professionals like Chartered Accountants. The FAA...
Supreme Court Bar Association Mourns The Demise Of Advocate Sushma Swaraj
The Executive Committee of the Supreme Court Bar Association on Wednesday issued a statement mourning the passing away of Sushma Swaraj, the former Union Minister for External Affairs.Sushma Swaraj, who had started practice of law in 1973, was also an Advocate on Record at the Supreme Court. Her husband Swaraj Kaushal is a Senior Advocate and her daughter Bansuri Swaraj is an...
'Prima Facie No Evidence For Drunken Driving': Kerala IAS Officer Gets Bail In Accident Death Case[Read Order]
Sriram Venkatraman, IAS Officer, accused of rash driving which resulted in a death of a journalist has been granted bail by the First Class Judicial Magistrate, Thiruvananthapuram. The accident had occurred near Museum junction in Kerala's capital city. K M Basheer, a journalist, had died on the spot. Judicial Magistrate of first class of the Thiruvananthapuram District Court held that...
Slump In Business Cannot Be The Reason For Default In Payment Of Rent, Says Supreme Court [Read Judgment]
Slump in the business cannot be the reason for default in payment of rent, remarked the Apex Court while considering an appeal filed by Chandigarh Administration against the High Court order that granted relief to its Allottee.Hari Ram was allotted a commercial booth in Chandigarh by the Chandigarh Administration for a total premium of Rs.70,500/- on lease basis for a period of ninety-nine...
No Slaughter Within Residential Flats During Bakr-Id; Bombay HC [Read Order]
The Bombay High Court has held that no slaughter of sheep and goat can be permitted within residential individual flats during the upcoming Bakr-Eid festival. Division bench of Justice SC Dharmadhikari and Justice GS Patel directed the MCGM to be strict and stringent in maintaining public safety and hygiene. Court also asked the civic body to be prompt in taking action against...
What The J&K Reorganization Bill Means For Judiciary?
The Jammu & Kashmir Reorganization Bill 2019 passed by the Parliament on Tuesday bifurcates the state into Union Territories of J&K and Ladakh.This reorganization will entail the following consequences as regards judiciary :The High Court of Jammu and Kashmir will be a common High Court for UT of J&K and Ladakh (Sec.75)Judges of existing HC of J&K will continue in the High...
Payal Tadvi and Her Family Raised Several Complaints Before the Suicide, None Took it Seriously: Bombay HC [Read Order]
The Bombay High Court on Tuesday had some sharp words for the prosecution in the Payal Tadvi suicide case while the appeal filed by three doctors accused of abetting her suicide were being heard. Justice SS Jadhav noted that prosecution should have recorded statements of Dr.Tadvi's colleagues under Section 164 of CrPC. She directed the Chief Metropolitan Magistrate, Mumbai to take...