"No Link Between BMC's Alleged Malpractices And Uddhav Thackeray": Bombay High Court Dismisses PIL Seeking ED Probe With Cost

The Bombay High Court on Tuesday dismissed a PIL seeking CBI and ED investigation into the alleged "disproportionate" wealth of Maharashtra's ex-CM Uddhav Thackeray, his wife and two sons."We hold this petition is an abuse of the process of the law," a division bench of Justices Dhiraj Thakur and Valmiki Menezes said imposing Rs. 25,000 cost on Dadar residents Gouri Bhide (38) and Abhay...

NCDRC: Postal Department Is Exempted From Any Liability For Delay In Delivery Unless The Central Govt. Undertakes It In Expressed Terms

The National Consumer Dispute Redressal Commission (NCDRC) bench comprising Justice R.K. Agrawal and presiding member, Dr. S.M. Kantikar reversed the District Forum’s decision, wherein compensation was ordered to be grated to a petitioner whose article suffered a delayed delivery after it was handed over to the Postal Department. The bench upheld the State Commission’s reasoning that...

Restricting Right To Information Only To Citizens Contrary To Constitution, RTI Act; No Absolute Bar On Disclosure To Foreigners: Delhi High Court

Observing that restricting the right to information only to citizens would be contrary to the Constitution of India and Right to Information Act, the Delhi High Court has ruled that Section 3 of the RTI Act would have to be read as a "positive recognition of the right in favor of citizens but not as a prohibition against non-citizens."Under Section 3 of the RTI Act, "all citizens" have the...

Bhopal Gas Tragedy : Supreme Court Dismisses Centre's Curative Petition Seeking Additional Compensation From UCC

A Constitution Bench of the Supreme Court, on Tuesday, dismissed the curative petition filed by Central Government seeking to reopen the settlement with the Union Carbide Corporation (now Dow Chemicals) to claim additional compensation for victims of the Bhopal Gas Tragedy of 1984. It noted that settlement can be set aside only on the ground of fraud, but no ground of fraud has been pleaded...

'Only CJI Can Assign Cases' : Supreme Court Bench Unhappy With Another Bench Assigning A Case To It

The Supreme Court on Monday witnessed a rare sight of one bench openly expressing its disapproval of another bench assigning a case to it. The well established practice of the Court is that the Chief Justice of India assigns cases to benches exercising the powers of "master of roster". A bench led by a puisne judge does not direct that a case should be listed before another bench.A departure...

Important To Debate Questions On Basic Structure Doctrine : Justice Jayasankaran Nambiar

Kerala High Court judge Justice A. K. Jayasankaran Nambiar while delivering the presidential address for the lecture organised by the Ernakulam Govt Law College Old Students and Teachers Association at Kochi on Saturday on the 'Basic Structure Of the Indian Constitution & its Present Day Challenges' spoke on the dynamic nature of the Indian Constitution and how in a vibrant democracy...

Supreme Court Refers Petitions Seeking Legal Recognition For Same-Sex Marriage To Constitution Bench

In a significant development, the Supreme Court on Monday referred to a Constitution Bench a batch of petitions seeking legal recognition for same-sex marriages, observing that it was a matter of "seminal importance"A bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala observed in its order : "We are of the view that it would be appropriate if the issues raised...

Supreme Court Affirms Order To Remove Mosque From Allahabad High Court Premises; Allows Waqf To Request State For Alternative Land

The Supreme Court, on Monday, affirmed the order passed by the Allahabad High Court in 2017 for the removal of a mosque named "Masjid High Court" from its premises.While dismissing the special leave petitions filed by Waqf Masjid High Court and the UP Sunni Central Waqf Board, a bench comprising Justices MR Shah and CT Ravikumar granted three months time to the petitioners to remove the...

'Heterosexual Marriages The Norm' : Centre Opposes Pleas In Supreme Court Seeking Recognition For Same-Sex Marriages

The notion of marriage itself necessarily presupposes a union between two persons of the opposite sex, said the Central Government in its counter-affidavit filed in the Supreme Court opposing a bunch of petitions which seek legal recognition for same-sex marriage.The Centre said that the union between persons of opposite sex is "socially, culturally and legally ingrained into the very idea...

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NI Act| Company's Authorized Signatory Not "Drawer" Of Cheque, Not Liable To Pay Interim Compensation Under Sec.143A : Bombay High Court

The Bombay High Court recently held that authorised signatory of a company who signs a cheque on its behalf is not the "drawer" of the cheque and hence such signatory is not liable to pay interim compensation under section 143A of the Negotiable Instruments Act, 1881 in a case for dishonour of cheque."The signatory of the cheque, authorized by the "Company", is not the drawer in terms of...

Hindu Succession Act Will Not Come In Way Of Inheritance By Tribal Women: Madras High Court

The Madras High Court has recently come to the support of tribal women in their struggle for equal succession rights. The court has noted that the Hindu Succession Law does not to exclude tribal women from its operation but only intends to positively include the customs. Clause (2) of Section 2 of the Hindu Succession Act states that the Act shall not apply to the members of the...