'Professional Communications' Between Govt Pleader And State Regarding Judicial Proceedings Can't Be Disclosed Under RTI Act: Gujarat HC

The Gujarat High Court on Monday dismissed a petition filed by a practising advocate seeking details, under the RTI Act, of the correspondences between government advocate and various offices of the State regarding a matter in which he had appeared for the petitioning party. The advocate sought the details purportedly to ascertain the reasons on part of State in preferring an...

LOC Can’t Be Issued In Routine Manner, Mere Suspicion Of Not Returning To India After Travel No Basis To Deny Permission To Travel Abroad: Delhi HC

The Delhi High Court has observed that mere suspicion of an accused not returning to India, when the liberty granted to travel abroad has never been misused on earlier occasions, cannot be a basis to deny permission to travel abroad.Justice Rajnish Bhatnagar said that the issuance of a look out circular (LOC) is a coercive measure “aimed at ensuring that an accused appears before...

Ouster Of Civil Court's Jurisdiction Won't Have Retrospective Effect To Annul A Decree Validly Passed By Civil Court: Supreme Court

Recently a Division Bench of the Supreme Court comprising Justice V. Ramasubramanian and Justice Pankaj Mithal reiterated that ouster of jurisdiction of civil court can be expressed or implied, but it cannot have retrospective effect annulling a decree validly passed by the civil court.The Bench was hearing an appeal filed against an order of the Bombay High Court (Goa), which affirmed...

'Proceed Of Crime In Crores, Can't Claim Parity With Co-Accused Siddique Kappan': Allahabad HC Denies Bail To PFI Leader In PMLA Case

The Allahabad High Court on Monday, while denying bail to alleged Popular Front of India (PFI) leader Abdul Razaq Peediyakkal in the PMLA Case, observed that he can't claim parity with co-accused Siddique Kappan as Kappan is facing the allegation that Rs.5,000/- were transferred in the Bank account of co-accused Atikur Rahman, whereas in the instant case against Abdul, the proceed of crime is...

Procure Smartphone, Keep GPS On, Don't Delete WhatsApp History: Punjab & Haryana High Court's Bail Conditions For Accused In Bail Orders

While granting bail to an accused, the Punjab and Haryana High Court recently imposed several conditions on the person: procure a smartphone, always keep the GPS turned on and do not format the phone or delete its WhatsApp chats or call logs. Justice Anoop Chitkara has imposed similar conditions in a number of orders passed in last one year. “Within fifteen days of release from...

Notify Criteria For Nomination Of Members From Each State To Council Of Architecture: Karnataka High Court To Centre

The Karnataka High Court has suggested the Union of India to expeditiously take steps to notify certain criteria for nomination of Members from each state to Council of Architecture of India, qua their qualification and experience. A single judge bench of Justice M Nagaprasanna said till the compliance is made by “The State Government shall notify the criteria for...

Plea Seeking Menstrual Leave : Supreme Court To Hear On February 24

The Supreme Court will hear on February 24 a Public Interest Litigation (PIL) seeking menstrual leave for female students and working women across India.The petition has been filed by Advocate Shailendra Mani Tripathi.When the petition was mentioned for urgent listing, Chief Justice of India DY Chandrachud informed that it will be listed on February 24.The petition cites a study by the...

Girls Treated As Commodity Even In 21st Century, Mother 'Selling' Her 1-Yr-Old Highly Objectionable To Morality And Human Rights: Bombay HC

Objectionable to morality and human rights that a one-year-old girl has been sold by her mother, the Bombay High Court observed while granting bail to a woman accused of buying another woman’s daughter.Justice S. M. Modak observed – “We are in the 21st Century, still there are incidents wherein the girls are treated as commodity and they have been used as a medium for financial benefits....

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [February 6 – 12, 2023]

SUBJECT WISE INDEX Bail The Supreme Court expresses anguish at Trial Courts acting in violation of its judgments on bail & remand. Chandmal v. State of M.P., 2023 LiveLaw (SC) 94 Bail & Remand: Supreme Court expresses anguish at trial courts acting in violation of its judgments in Siddharth vs. State of Uttar Pradesh LL 2021 SC 391 & Satender Kumar Antil...

Delhi High Court Declares Hermes International’s ‘H’ Mark As Well-Known Trademark

The Delhi High Court has declared the stylized mark - “H” - of Hermes International, a french luxury brand, as a well-known trademark within the meaning of section 2(1)(zg) of the Trade Marks Act, 1999.Justice C Hari Shankar observed that the criteria mentioned under section 11 (6) and (7) of the Act was satisfied in the matter to justify declaration of the mark as a well-known trade...

Uddhav Thackeray vs Eknath Shinde : Why Supreme Court Said It's A Tough Constitutional Issue To Decide?

While hearing the case related to the rift within the Shiv Sena party, a Constitution Bench of the Supreme Court on Wednesday orally observed that one of the issues is a "tough constitutional issue to decide".One issue which has been referred to the Constitution Bench is the correctness of the view taken by the Supreme Court in its 2016 decision Nabam Rebia vs Deputy Speaker that a Speaker...

Civil Court In Maharashtra Refuses To Restrain YRF From Publishing Pathaan’s Teaser, Trailer & Besharam Rang Song On YouTube

A civil court in Maharashtra refused to restrain Yash Raj Films from publishing film Pathaan’s teaser, trailer and Besharam Rang song on Youtube without showing U/A censor certificate.The Shrirampur Court observed that “no injury is caused to the plaintiff,” and his claim “lacked foundation.” Joint Civil Judge PA Patel refused injunction in a suit filed by a “social worker,”...