News Updates
Section 143A NI Act (Interim Compensation) Has No Retrospective Effect, Section 148 Has: Punjab & Haryana HC [Read Judgment]
"At the stage of trial, the provision of Section 143-A of the Act has created a new 'obligation' against the accused, which was not contemplated by the existing law and which created a substantive liability upon him, whereas the provision of Section 148 of the Act only reiterated; and to some extent modified in favour of the appellant, the procedure of recovery already existing in the statute book."
Challenge Against Aadhaar Ordinance: Delhi HC Seeks Centre's Response
The Delhi High Court on Friday sought response of the Centre on a plea which has challenged the constitutional validity of the recent Aadhaar Ordinance on the grounds that it was brought to "overturn" the Supreme Court decision regarding the use of Aadhaar by the private sector. A bench of Chief Justice Rajendra Menon and Justice A J Bhambhani asked the Ministry of Law to indicate its...
Following Contempt And Several Petitions, CAT Chairman Recuses Himself From Hearing Cases Of Whistleblower IFS Officer
Over a month after being issued a show cause contempt notice by the Uttarakhand High Court, the Chairman of Central Administrative Tribunal, Justice L Narasimha Reddy, has recused himself from hearing all the petitions moved by whistleblower IFS officer Sanjiv Chaturvedi while calling it all a "rare case in which most unfortunate developments have taken place"."This is a rare case in which...
'No Public Interest' : Gujarat HC Dismisses PIL Against PUBG Ban [Read Order]
The High Court of Gujarat yesterday dismissed a Public Interest Litigation(PIL) petition filed by Internet Freedom Foundation(IFF) challenging the ban imposed by Gujarat police on the online video game PUBG."We are not satisfied that the scope of the present writ petition falls under the ambit of Public Interest Litigation", observed the bench of Chief Justice Anant S Dave and Justice...
Apex Courts Of Australia And South Korea Deliver Landmark Rulings In Favour Of Abortion Rights [Read Judgments]
While Constitutional Court Of South Korea held that the anti abortion law is not in conformity with the Constitution, the High Court of Australia upheld laws which protect women from being hindered against their choice to abort.
Pension Can Be Attached To Recover Maintenance For Wife: Bombay HC [Read Judgment]
The Bombay High Court has held that pension granted by the government can be attached in order to recover the amount of maintenance for the wife.Justice MG Giratkar of the Nagpur bench was hearing the revision application filed by one Bhagwant Narnaware against an order of interim maintenance passed by a magistrate. The court upheld the order but modified the amount of monthly maintenance...
All PNB Scam Cases To Be Heard By One Court Designated Under Both PMLA And Prevention Of Corruption Act: Bombay HC [Read Order]
The Bombay High Court ruled on Wednesday that one court designated under both the Prevention of Money Laundering Act (PMLA) and the Prevention of Corruption Act (PC) will hear all cases related to the Rs.11,400-crore PNB scam led by absconding diamond merchant Nirav Modi.Justice Mridula Bhatkar directed Principal Judge of the City Civil & Sessions Court, Greater Mumbai, to assign these...
When State Agencies Fail In Establishing Guilt Of Accused, Onus On Courts To Do Justice: Bombay HC [Read Judgment]
The Bombay High Court has refused relief to one Khalil Shaikh, a 25-year-old man from Bandra, Mumbai, who was convicted by a designated court under the Protection of Children from Sexual Offences (POCSO) Act, 2012 under Sections 323, 377 of IPC and sentenced to suffer imprisonment for one year and 10 years, respectively. Shaikh was also convicted under Section 6 of the POCSO Act, 2012...
Inherited Property Of Hindu Widow Who Dies Intestate Shall Devolve Upon Both Son And Daughter: Bombay HC [Read Judgment]
The Bombay High Court recently denied relief to a man claiming sole right over ancestral property left behind after the death of both his parents and ruled in favour of his sister who is claiming her right over the said property. Appellant Jagannath Undre has an elder sister Yaminabai. She had filed a suit seeking a declaration of her rights in the said ancestral property. The suit...