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Consider Evolving Procedure To Register "Deed Of Familial Association" To Protect Rights Of LGBTQIA+ Partners: Madras High Court To TN Govt
The Madras High Court has suggested the state to consider coming up with a procedure for registering the Deed of Familial Association, recognizing the civil union entered into between LGBTQAI+ partners in order to protect the fundamental rights of persons forming part of this community.Justice Anand Venkatesh gave the suggestion in a plea filed by one Prasanna intervening in the...
Punjab & Haryana High Court Declares 75% Domicile Quota For Haryana Locals In Private Sector As Unconstitutional
The Punjab & Haryana High Court today, has declared the 75% domicile reservation for locals in Haryana in the private sector jobs having a monthly salary of less than Rs 30,000 as "unconstitutional."The bench of Justice G.S. Sandhawalia and Justice Harpreet Kaur Jeewan said that the "law (the Haryana State Employment of Local Candidates Act, 2020) is unconstitutional and violative of...
'Allowing Police Custody Beyond First 15 Days Vulnerable To Misuse' : Parliamentary Panel Suggests Amendment To BNSS (New CrPC Bill)
The Parliamentary Standing Committee has expressed certain concerns with the provision in the Bharatiya Nagarik Suraksha Sanhita Bill (BNSS) which allows police custody after the first fifteen days of remand.BNSS was introduced by the Union Government in the Monsoon Session to replace the Code of Criminal Procedure 1973.Clause 187(2) of the BNSS provides that the 15 day police custody can...
Even A Blank Cheque Leaf Attracts Presumption Under S.139 NI Act If Voluntarily Signed & Given Towards Payment : Kerala High Court
The Kerala High Court recently laid down that the presumption under Section 139 of the Negotiable Instruments Act (NI Act) that cheque has been issued in discharge of a debt or liability, would be attracted, even if a blank cheque is voluntarily signed and handed over as payment. Relying upon the decision in Bir Sing v. Mukesh Kumar (2019), Justice Sophy Thomas observed:"The onus to rebut...
Is Consumer Protection Rule Invalid For Allowing More Govt Representation In Selection Committee For Forum Members? Supreme Court To Consider
The Supreme Court has admitted a special leave petition filed against the judgment of the Bombay High Court(Nagpur Bench) which struck down Rule 6(1) of the Consumer Protection((Qualification for Appointment, method of recruitment, procedure for appointment, term of office, resignation and removal of the President and members of the State Commission and District Commission) Rules,...
'Should Not Have Waited For 13 Years ': Supreme Court Dismisses Specific Performance Suit Filed In 1999 For Sale Agreement Of 1986
The Supreme Court recently set aside the decree passed in a civil suit for specific performance filed in 1999 for the enforcement of an agreement to sell executed in 1986.A bench of Justice Rajesh Bindal and Justice Vikram Nath said that the aggrieved party should have taken remedial measures on time not waited for 13 years to file a suit for specific performance. According to the facts of...
Writ Petition Against An Award Passed By A Facilitation Council Under MSMED Act Not Maintainable: Supreme Court
The Supreme Court recently held that a writ petition against an award passed by a Facilitation Council under the Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 would not be maintainable. The bench comprising CJI DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra held that the correct remedy against an award under the Act was provided under Section 34 of...
Madras High Court Upholds Grant Of Incentive Marks In Recruitment To Doctors For COVID Duty In Govt Hospitals
The Madras High Court recently ruled in favor of granting incentive marks for medical practitioners and PG doctors who were engaged in COVID-19 duty in Government hospitals. The court also observed that the normal rule of "not changing the rules of the game during the course of the game" required a different consideration in view of the COVID-19 scenario and could not come in the way...
Judges Should Know Where To Draw The Line So That Judiciary Isn't Seen As Taking Over Executive & Legislative Functions: CJI DY Chandrachud
Chief Justice of India DY Chandrachud has stressed the role of the judiciary in not only ensuring social stability but also fostering a culture of tolerance and inclusion. Courts, he said, played the vital function of promoting dialogue and reason in society. Even when the dialogue that begins in the courtroom does not result in the constitutional and legal relief sought by citizens, it...
Modalities On Online FIR Registration Be Left To States : Parliamentary Committee On New Criminal Procedure Code Bill
The Parliamentary Standing Committee on Home Affairs, in its latest report, while reviewing the Bharatiya Nagarik Suraksha Sanhita Bill (BNSS Bill, 2023) acknowledged the positive impact of allowing online registration of FIR(First Information Report). It noted that Section 173 in the BNSS Bill provides that information can be given electronically for cognizable offenses without any bar on...
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Kamakhya Temple : Doloi Samaj Running Temple Affairs Satisfactorily, Says Assam Govt; Supreme Court Allows Present Arrangement To Continue
The Supreme Court recently held as inoperative the order passed by the Gauhati High Court in 2017 directing the Deputy Commissioner to receive the donations given by the devotees for the developmental activities in the Kamakhya temple in Guwahati and to maintain a separate account regarding the same.The Bench, comprising Justices Abhay S Oka and Pankaj Mithal, ordered that the High Court's...