News Updates
Kerala High Court Refuses To Suspend Conviction Of Lakshadweep MP Mohammed Faizal In Attempt To Murder Case But Suspends Sentence
The Kerala High Court has refused to suspend the conviction of Lakshadweep MP Mohammed Faizal in a case of attempt to murder.However, Justice N. Nagaresh suspended his sentence of imprisonment. The petitioner, Mohammed Faizal and three others were convicted and sentenced to imprisonment for periods ranging from one month to ten years by the Kavaratti Sessions Court under sections 143, 147,...
SC/ST/OBC Reservation Does Not Apply To Minority Educational Institution, But Intake Of Minority Students Cannot Exceed 50%: Madras High Court
The Madras High Court recently observed that the policy of reservation for the Scheduled Castes, Scheduled Tribes, and Other Backward Classes cannot be implemented in Minority educational institutions. The bench of Chief Justice SV Gangapurwala and Justice PD Audikesavalu relied on the precedents laid down by the Supreme Court and reiterated that the exclusion of Minority...
CCI Closes Complaint Against DEN Networks, Citing No Established Dominance In The Market
The Competition Commission of India (‘CCI’) comprising Ravneet Kaur (Chairperson) and Sangeeta Verma (Member) closed the complaint filed by Sobhagaya Media Pvt. Ltd. (‘Informant’) against DEN Networks Ltd. (‘OP’) alleging contravention of provisions of Section 3 and Section 4 of the Competition Act, 2002 ('Act'). The CCI held that there is no contravention of the Act...
Wynk v. TIPS | Internet Based Music Streaming Platforms Not Eligible For Compulsory Music Licences Available For TV, Radio: Bombay HC
In a huge win for record labels like Tips Industries Limited (Tips), the Bombay High Court has held that online music streaming and downloading platforms would not be eligible for discounted compulsory licenses to their music under Section 31D of the Copyrights Act.This means that internet-based platforms will have to negotiate contracts with big record companies to use their repertoire of...
Employee’s Suspension Cannot Extend Endelssly Without Disciplinary Proceedings Merely Due To Pendency Of Criminal Case: Madras High Court
The Madras High Court has recently observed that in cases where employees were suspended from service in connection with a crime, the suspension cannot continue endlessly without initiating disciplinary proceedings merely due to pendency of criminal case. The bench of Justice R Suresh Kumar and Justice K Kumaresh Babu observed that the employers could not continuously take a stand that...
Can Same-Sex Couples Marry? Supreme Court To Deliver Its Much Anticipated Judgment In Marriage Equality Case This Month
The Supreme Court is soon to deliver its judgment on the batch of petitions seeking legal recognition for queer marriages in India. A bench comprising Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul, Justice S Ravindra Bhat, Justice Hima Kohli and Justice PS Narasimha had started hearing the matter on April 18 and reserved judgement in the matter on May 11, 2023. With...
Lucknow Court Issues Notice To Congress MP Rahul Gandhi Over His Alleged Derogatory Remark Against VD Savarkar
A Sessions Court in Uttar Pradesh's Lucknow district has issued a notice to Congress MP Rahul Gandhi in connection with his 'derogatory' remark made against Vinayak Damodar Savarkar in Maharashtra last year during his Bharat Jodo Yatra. The notice has been issued by Lucknow District and Sessions Judge Ashwini Kumar Tripathi on a criminal revision plea filed by Advocate Nripendra...
CBSE Opposes 'One Nation, One Education Board' Plea In Delhi High Court; Says Child Can Better Relate To Curriculum Based On Local Context, Culture
The Central Board of Secondary Education (CBSE) has objected to a petition in the Delhi High Court seeking the implementation of uniform school syllabus and education board across the country."The Uniform Board/Syllabus across India does not take into account the local context, culture and language. There is a national framework with flexibility for the emphasis of local resources, culture...
Varanasi District Court Rejects An Application To Stop ASI Survey Of Gyanvapi Mosque Premises
The Varanasi district court on Thursday REJECTED an application filed by the Anjuman Intezamia Masjid Committee, which manages the Gyanvapi Mosque in Varanasi, to stop the ongoing Archaeological Survey of India’s survey of the mosque premises. The order was passed by District Judge Ajay Krishna Vishwesha on an application filed by the Anjuman Intezamia Committee wherein it...
Medical Negligence & Res Ipsa Loquitur | Where Negligence Is Evident, Burden Of Proof Shifts To Hospital: Supreme Court
In a significant judgment delivered on September 26, the Supreme Court affirmed the applicability of the principle of res ipsa loquitur in the context of medical negligence cases, emphasizing its applicability in cases where negligence is evident and shifts the burden of proof onto the hospital or medical practitioners. Res ipsa loquitur means "the thing speaks for itself”.The Court...
Kerala High Court Invokes Parens Patriae Jurisdiction To Select Name Of Child Born To Warring Parents
In an interesting development, the Kerala High Court invoked its parens patriae jurisdiction to select the name of a child, caught in a dispute between her estranged parents with respect to what her name should be.Justice Bechu Kurian Thomas reasoned that attempting to resolve the dispute between the parents will cause inevitable delay and in the meanwhile, the absence of a name would not...
Not All Divorces Have To Be Mutual, Nature Of Previous Divorce Irrelevant To Permit Marriage Under Special Marriage Act: Kerala High Court
The Kerala High Court has held that the registering authority did not have to look into the nature of divorce obtained by the parties while considering their marriage applications under Section 8 of the Special Marriage Act.The bench observed that the Registering Authority only has to be satisfied that neither party who intends to marry has a living spouse at the time of registration of...