No Law Providing For Rights Of Viable Foetus If Born Alive, Lawmakers Must Address Issue: Delhi High Court

The law must clearly delineate the balance between maternal autonomy and foetal rights at the stage of viability, the Delhi High Court observed on Friday.Justice Arun Monga observed that with the increasing number of cases seeking termination of pregnancy beyond the statutory limit, the question of foetal viability has assumed considerable importance in abortion jurisprudence.“The law...

Condition For Exemption From PF Scheme Can't Be Invoked To Deny EPS Pension : Madras High Court Quashes EPFO Circular

The Madras High Court has quashed a circular issued by the Employees' Provident Fund Organisation restricting the exempted establishments from amending their Trust Rules with retrospective effect so as to bring it in consonance with the Supreme Court's orders. The court also set aside an order of the EPFO rejecting an application for joint option request by employees to avail the...

Investigating Officer Not 'Suitable Person' Under Navy Regulations To Prosecute Trial Before Court-Martial: Kerala High Court

The Kerala High Court recently held that an investigating officer is not a 'suitable person' as per Regulation 163 of the Navy (Discipline and Miscellaneous Provisions) Regulations, 1965, to prosecute a trial before the Court-Martial.Dr. Justice Kauser Edappagath considered the constitutional validity of Regulation 178(3) of the Navy Regulations, which permits the prosecutor to be a...

Madras High Court Stays Criminal Proceedings Against General Secretary Of TVK Political Party For Alleged Unlawful Assembly

The Madras High Court has stayed the criminal proceedings initiated against the general secretary of actor Vijay's Tamilaga Vettri Kazhagam (TVK) party for allegedly causing an unlawful assembly and obstructing the police from doing their duty. Justice Sunder Mohan ordered an interim stay in a petition filed by N Anand alias Bussy Anand, seeking to quash the FIR registered against him...

Yusuf Pathan Encroached On Govt Land, No Allotment Order Was Issued By Vadodara Municipality: Gujarat High Court

The Gujarat High Court recently upheld an order directing Vadodara Municipal Corporation to take steps to remove encroachment of a plot by former cricketer and TMC MP Yusuf Pathan. In doing so the court held that "long possession" of the plot by Pathan, without paying consideration, would not give him any rights over the land adding that it cannot perpetuate such an illegality. Finding Pathan...

[SEBI Act] Exoneration In Regulatory Proceedings Only Bars Prosecution When There Is Finding Of Innocence: Bombay High Court

The Bombay High Court has held that discharge from prosecution under the SEBI Act cannot be claimed merely on the ground that an adjudicating officer of SEBI has not imposed a penalty or passed any adverse directions. The Court ruled that exoneration in regulatory proceedings will bar criminal prosecution only when there is a clear and categorical finding of innocence on the merits, and...

10K Steel Bottles Given In Exchange For 1 Lakh Plastic Ones: GPCB Tells Gujarat High Court On Steps To Tackle Waste During Ambaji Pilgrimage

The Gujarat Pollution Control Board informed the High Court on Friday (September 12) that it had distributed 10,000 re-usable steel bottles in exchange for over 1 Lakh used plastic bottles as a step to tackle and manage waste during the Ambaji Padyatra. The padyatra is a religious pilgrimage taken by devotees to the Ambaji Temple in Banaskantha.Previously the court had asked eight...

CAG Report Can't Impose Financial Liability Without Due Adjudication: J&K High Court Quashes FCI's Recovery Against Flour Mills

The Jammu and Kashmir and Ladakh High Court has ruled that even if a report of the Comptroller and Auditor General of India (CAG) is considered to possess some evidentiary value, it can at best serve as an indication of possible irregularities and cannot be treated as conclusive proof to impose financial liability.“The CAG, being a constitutional audit authority, is not vested with...

Facilitate Temple Darshan For Persons With Disabilities, Consider Fixing Specific Days/Time Slots: Kerala High Court To Devaswom Boards

The Kerala High Court on Friday (September 12) issued a set of directions to the four Devaswom Boards in the State, namely, Travancore, Cochin, Guruvayoor and Malabar Devaswom Boards, in order to facilitate temple darshan for persons with disabilities (PWDs).The Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar was considering a suo motu petition, which was registered...

'Why Being So Sensitive?' Punjab & Haryana High Court On Plea Filed For Removal Of Shivling Image From Brand Logo

The Punjab and Haryana High Court disposed of a PIL seeking the removal of 'Shivling' image from a brand's logo, observing that the petitioner was being "so sensitive".The PIL sought directions for removal of the Shivling photo from the packaging of an Ayurveda company's products, and also prayed to restrain others from using images or symbols of gods and deities on commercial...

Madras High Court Dismisses Plea Alleging Violation Of Pollution Norms At Isha Foundation

The Madras High Court has dismissed a petition seeking direction to the authorities to take appropriate action against discharge of sewage and effluents by the Isha Foundation into the neighbouring lands. The bench of Chief Justice Manindra Mohan Shrivastava and Justice G Arul Murugan took note of a subsequent petition filed by the same petitioner raising the same concerns, in which...

Not Mandatory For Two-Member Bench Of NCDRC To Be Comprised Of A Judicial Member: Delhi High Court

The Delhi High Court has ruled that it is not mandatory for a two member bench of National Consumer Disputes Redressal Commission (NCDRC) to necessarily comprise of a judicial member. “If a two-member Bench of National Commission finds legal complexity in matter or if they differ in opinion on any point, the matter can be referred in terms of Regulation 12 of Consumer Protection...