'Sealed Cover Procedure Infringes Open Justice' : Supreme Court Devises 'Public Interest Immunity Claim Procedure' As Alternative

Sealed cover procedure infringes the principles of natural justice and open justice, the Supreme Court said today while allowing Malayalam news channel MediaOne's plea against the telecast ban imposed on it by the Central government.In this case, the channel was kept in the dark about the reasons for withholding security clearance, which were informed to the High Court by the Ministry of...

Celebrity Couples Sneak Through Surrogacy Laws While Those Eligible Denied Treatment By Authorities Unaware Of Statutory Procedures: Madras High Court

The Madras High Court has directed the State of Tamil Nadu to form District Medical Boards in all districts under the provisions of the Surrogacy Act 2021. The court added that members of these Boards may not necessarily be from the medical colleges as the Act does not contain such stipulation.Justice GR Swaminathan of the Madurai bench also noted that the authorities should be well versed...

CBDT Notifies Income Tax Exemption To Bhadohi Industrial Development Authority

The Central Board of Direct Taxes (CBDT) has notified income tax exemption to Bhadohi Industrial Development Authority.The Bhadohi Industrial Development Authority is an authority constituted by the state government of Uttar Pradesh.The exemption is granted in respect of money received from the disposal of land or 90-year lease of immovable properties; money received by the way of lease rent...

[BSF] Jammu & Kashmir High Court Upholds Widow's Rights To Family Pension Despite Divorce Proceedings Pending During Husband's Lifetime

The Jammu and Kashmir and Ladakh High Court recently ruled that a widow cannot be denied family pension after husband's death on the ground that during his lifetime, divorce proceedings were ongoing between the couple.The observations were made by Justice Rahul Bharti while hearing a widow's a plea seeking her deceased husband's pension who was serving in the Boarder Security Force (BSF) as...

Lawyers Free To Appear Online In View Of Rising COVID Cases : CJI DY Chandrachud

Chief Justice of India DY Chandrachud on Wednesday said that lawyers are free to appear virtually in view of the rising COVID cases."We saw newspaper reports on rising COVID cases. Lawyers can use hybrid mode. If you choose to appear online, we will hear you. The hybrid mode is on and I see many lawyers who are appearing online. So please feel free to", CJI Chandrachud...

Location Of Facilitation Council Under MSMED Act Would Remain The ‘Venue’ Of Arbitration When The Agreement Confers Jurisdiction On The Courts In A Different Place: Delhi High Court

The High Court of Delhi has held that the location of the Facilitation Council administering arbitration under Section 18 of the MSMED Act, 2006 would remain the ‘Venue’ of arbitration when the parties have conferred exclusive jurisdiction on a Court situated in a different place. The bench of Justices V. Kameshwar Rao and Anoop Jairam Bhambhani held that by virtue of the...

Press Has Duty To Speak Truth To Power, Critical Views On Govt Policies Can’t be Termed Anti-Establishment: Supreme Court

The Supreme Court today made significant remarks on the freedom of press and its importance in a democracy.A free press present citizens with hard facts and shines a light on the functioning of the State, a bench comprising Chief Justice of India DY Chandrachud and Justice Hima Kohli said.The Court was deciding Malayalam news channel MediaOne's plea against the telecast ban imposed on it by...

Supreme Court Of Pakistan Declares Election Commission’s Decision To Delay Punjab Polls Unconstitutional

Supreme Court of Pakistan on Tuesday declared Election Commission of Pakistan (ECP)'s decision to delay the election in Punjab as unconstitutional, without lawful authority or jurisdiction, void ab-initio, of no legal effect and consequently quashed the decision.The bench of Chief Justice Umar Ata Bandial, Justice Ijaz ul Ahsan and Justice Munib Akhtar said, “Neither the Constitution nor...

Limited Remedy Available Under S. 34 Of A&C Act Against Award Of Compensation Under NHA, Is Not A Ground To Invoke HC’s Writ Jurisdiction: Bombay High Court

The Bombay High Court has ruled that though the scope for challenging the compensation awarded by the Arbitrator to the landowners under Section 3-G (5) of the National Highways Act, 1956 (NHA) is limited to the parameters provided under Section 34 of the Arbitration and Conciliation Act, 1996 (A & C Act), the same cannot be a ground to invoke the High Court’s writ jurisdiction...

Supreme Court Lifts Telecast Ban On MediaOne, Says State Using Plea Of 'National Security' To Deny Citizens' Rights

In a significant judgment, the Supreme Court on Wednesday ruled against the telecast ban imposed by the Union Government on Malayalam news channel MediaOne.The Court passed the judgment in a special leave petition filed by Madhyamam Broadcasting Ltd (MBL) - the company running the channel- assailing the Kerala High Court's judgment of upholding the decision of the Ministry of Information...

Authorities In Patent Office Must Practice Due Application Of Mind In Decisions, Cut-Paste Orders Can’t Sustain: Delhi High Court

The Delhi High Court has observed that the officers of Controller General of Patents, Designs & Trade Mark must practice due application of mind while rendering decisions and that template or “cut-paste” orders must be discouraged and cannot sustain.While pulling up an Assistant Controller of Patents and Designs for passing a “mechanical order” while refusing an application for...

Right To Residence In Matrimonial Home Includes Right To Safe And Healthy Living: Delhi High Court

The Delhi High Court has observed that the right to residence in a matrimonial home under the provisions of Protection of Women from Domestic Violence Act, 2005, also includes the right to safe and healthy living. While issuing notice on a wife’s plea challenging the order passed by the First Appellate Court in a civil case relating to matrimonial dispute, Justice Tushar Rao Gedela...