Pendency A Direct Result Of Centre's 'Recalcitrant Attitude' In Not Appointing HC Judges For Years After Collegium Clearances : Supreme Court

The Court urged the Centre to follow the time-line laid down by it for judicial appointments in its April 2021 order.

Parliament Passes Tribunals Reforms Bill With Same Provisions Struck Down By Supreme Court

The Rajya Sabha on Monday passed the Tribunals Reforms Bill 2021, which seeks to lay down terms and conditions for the service and tenure of members of various tribunals.Notably, the Bill contains the same provisions in the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021, which were struck down by the Supreme Court in the recent verdict in the Madras Bar...

Supreme Court Rejects Plea To Direct State Boards To Refund Exam Fee For Cancelled Class 10, 12 Exams

The Supreme Court has refused to direct state boards to refund the exam fee collected from students in respect of the Class 10, 12 exams which were cancelled on account of COVID-19.A bench comprising Justices AM Khanwilkar and Dinesh Maheshwari rejected the prayer saying that the issue does not "merit consideration".The bench approved the stand taken by state boards about their inability...

Threat To Human Rights & Bodily Integrity Highest At Police Stations : CJI NV Ramana

The Chief Justice of India NV Ramana expressed concerns at the degree of human rights violations in police stations in the country."The threat to human rights and bodily integrity are the highest in Police Station", the CJI said."Custodial torture and other police atrocities are problems which still prevail in our society. In spite of constitutional declarations and guarantees, lack of...

CPC - Application To Amend Admissions Can Be Entertained Even After Judgment Is Reserved Under Order XII Rule 6 : Delhi High Court

The Delhi High Court has observed that a Court is permitted to entertain an application to amend an admission made in pleadings even after reserving judgment on the basis of admission under Order XII Rule 6 of the CPC.A single judge bench of Justice Asha Menon was dealing with petitions challenging the order dated 4th August 2020 wherein the Trial Court adjourned orders on...

Flight Missed As Train Ran Late: Supreme Court To Examine If Railways Should Compensate Passengers

National Consumer Dispute Redressal Commission had upheld the compensation for delay citing that Railways could have estimated the same and passed on the information to passengers.

FIR Not Necessary For Issuance Of Heirship Certificate If Person Missing More Than 7 Years: Kerala High Court

The Kerala High Court recently ruled that the competent authorities cannot insist on the production of the First Information Report for grant of an heirship certificate if one of the parties has been missing for more than seven years. Justice PB Suresh Kumar while allowing a petition observed that the attempts to keep the procedure for grant of heirship certificate consistent shall not result...

World Breastfeeding Week: Breastfeeding And Law

The 2017 amendment of the Maternity Benefit Act, mandated that employer has to provide for creche in case more than 50 employees are employed.

Should Disobedience Of Injunction Be 'Wilful' To Invoke Order 39 Rule 2A CPC? Supreme Court Doubts Its Earlier Judgment

The Supreme Court doubted the correctness of its earlier judgment that had held that Order XXXIX, Rule 2-A of the Code of Civil Procedure requires not "mere disobedience" but "wilful disobedience.A bench comprising Justices RF Nariman and BR Gavai made this observation in the Amazon-Future Retail case.Rule 2-A is primarily intended to enforce orders passed under Order XXXIX, Rules 1 and 2,...

'Party Autonomy One Of The Pillars Of Arbitration' : Key Takeaways From Amazon- Future Retail Judgment Of Supreme Court

The Supreme Court in its judgment in Amazon.com NV Investment Holdings LLC vs. Future Retail Limited held that an award/order by an Emergency Arbitrator would be covered by Section 17 of the Arbitration and Conciliation Act and it can be enforced under the provisions of Section 17(2). It also held that no appeal lies under Section 37 of the Arbitration Act against an order of enforcement of...

Judges' Association Moves Bombay High Court Over Residential Woes; CJ To Examine On Administrative Side

Maharashtra State Judges Association has approached the Bombay High Court, highlighting the lack of infrastructure and the State Government's apathy regarding residential quarters for judicial officers of the subordinate judiciary. The petition seeks directions to set up a single-window portal to consider grievances of judicial officers, regarding electricity cuts without...

'Marital Rape A Valid Ground For Divorce': 15 Key Observations Of Kerala High Court-Read Judgment

The Kerala High Court in a significant judgment upheld that marital rape, although not penalised in India, is a good ground to claim divorce while dismissing a set of two appeals filed by a husband challenging the decision of the Family Court.A Division Bench of Justice A. Muhamed Mustaque and Justice Kauser Edappagath made several significant observations while granting divorce to the wife...