Top Stories
Homemaker's Deemed Income Can't Be Less Than Minimum Wages Notified For Daily Wager : Supreme Court
The Supreme Court, while deciding a claim under the Motor Vehicles Act of 1988, observed that it is difficult to assess a contribution made by the homemaker in monetary terms. The Division bench of Justices Surya Kant and K.V. Vishwanathan termed such contribution 'high order and invaluable.' Further, it also stated that the role of a homemaker is as important as that of a family...
If Any Govt Removes 'Secularism' From Preamble, It Will Sound Death Knell Of Democracy : Justice KM Joseph
Emphasising the importance of the principle of secularism, former Supreme Court judge Justice KM Joseph said that it is indispensable in a democracy.Referring to calls from certain quarters to remove the reference to 'secularism' from the Constitution, Justice Joseph said that even without the term, the Indian Constitution inherently had secular features."Even if you take away secularism from...
Why Can't Client Be 'Consumer' & Lawyer's Negligence Be 'Deficiency Of Service' Under Consumer Protection Act ? Supreme Court Asks
In a pivotal hearing on whether services rendered by the lawyer would come within the Consumer Protection Act (CPA) of 1986., the Supreme Court, inter-alia, deliberated on whether a consumer under the Act can be equated with the client. Additionally, the Court delved into whether negligence on the part of a lawyer can result in deficiency of service as given under the Act. The...
'Govt Held Accountable By A Free Press': Calcutta High Court Grants Bail To Republic TV Journalist Arrested In Sandeshkhali
The Calcutta High Court on Thursday granted bail to journalist Santu Pan, who was arrested while reporting live from Sandeshkhali, in West Bengal for Republic TV on 19th February.According to reports, the state authorities had alleged that the journalist was arrested for outraging the modesty of a woman by entering her home while reporting. These charges were however denied by the journalist,...
When I Briefed Mr. Fali Nariman
It was February 2014, when 49 day- old government, led by the Aam Aadmi Party (AAP) in the National Capitol Territory of Delhi, had resigned with the recommendation of dissolution of the assembly and immediate conduct of the election to the Delhi Legislative Assembly, but, the Central Government had gone against the above recommendation and imposed the President Rule, under Article 239AB of the Constitution of India. Mr. Arvind Kejriwal, the leader of AAP, had apparently not expected this and...
Centre Amends Surrogacy Rules To Allow Couples With Medical Conditions To Use Donor Gametes
In a crucial development to the surrogacy landscape in India, the Central government has modified the Surrogacy (Regulation) Rules, 2022 and notified that for couples (husband or wife) certified as suffering from medical conditions, both gametes need not come from the intending couple.To recap, Form 2 (Consent of the Surrogate Mother and Agreement for Surrogacy) of the Surrogacy Rules read...
'Why Create Controversy Naming Lion & Lioness After Sita & Akbar?': Calcutta High Court Suggests State To Change Animals' Names
The Calcutta High Court on Thursday, directed for the reclassification of a plea moved by the Vishwa Hindu Parishad as a public interest litigation, and for it to be placed before the regular bench having determination over PILs.The Court also orally called on the State to consider renaming the lioness called 'Sita' who was a worshipped goddess among Hindus, to avoid controversy. Upon being...
Farmers Protest: Lawyer Moves High Court Seeking Judicial Probe Into Punjab Youth's Death Allegedly On Account Of Violence By Haryana Police
An application has been moved by a lawyer in the Punjab and Haryana High Court seeking judicial enquiry into death of a 22-year-old youth allegedly by violent means resorted to by the Haryana police/para military during farmers' protest at Khanauri border yesterday.Advocate Harinder Pal Singh has moved an intervention application in the petition challenging "obstructive actions" of the...
Blank Cheque Voluntarily Signed & Handed Over By Drawer Towards Payment Attracts Presumption Under S.139 NI Act : Supreme Court
The Supreme Court has reiterated that a blank cheque leaf, which has been voluntarily signed by the drawer and handed over to the payee towards some payment, will carry the presumption that it was issued in discharge of a legally enforceable debt as per Section 139 of the Negotiable Instruments Act."...even if a blank cheque leaf is voluntarily signed and handed over by the accused towards...
Non-Examination Of Ballistic Expert Fatal To Prosecution Case If Inconsistencies Found In Witness Testimonies : Supreme Court
The Supreme Court held that where the direct evidence produced by the prosecution is found to be credible, then the non-examination of the ballistic expert and omission to produce the ballistic report may not be fatal to the prosecution's case. The Bench Comprising Justices Abhay S. Oka and Ujjal Bhuyan observed that it is not that in every case where the death of the victim is due to...
Courts Must Not Only Set Aside Arbitrary Administrative Actions But Also Restitute Affected Person : Supreme Court
The Courts must not only set aside arbitrary administrative actions so take measures for the restitution of the affected party by addressing the injurious consequences arising from illegal actions, stated the Supreme Court in a recent judgment."…while the primary duty of constitutional courts remains the control of power, including setting aside of administrative actions that may be illegal...