[Maternity Leave] Infant's Claim On Mother's Time As A Fundamental Right May Encroach Upon Her Right To Privacy & Agency: Amicus Tells Delhi HC

In relation to a four months old toddler's plea seeking enforcement of his right to maternal care, the Amicus Curiae in the matter has told the Delhi High Court that the infant's 'unselfconscious claim' on his mother's time as a fundamental right may encroach upon the her right to privacy and agency.The development came after Advocate Shahrukh Alam, amicus curiae in the case, advanced...

"No One Can Be Arrested Simply On Basis Of Assumption & Perception": Murder Accused Argues In Rajasthan High Court, Secures Bail

The Rajasthan High Court has granted bail to a murder accused after hearing his counsel's arguments contending that no one can be arrested simply on the basis of assumption, presumption and perception.The appellant's counsel submitted that there is no eye-witness of the incident and the case of the prosecution is based on circumstantial evidence, however no circumstances are available...

Asaram Bapu Case: Rajasthan High Court Grants 'Last Opportunity' To Prosecution To Respond To Third Application For Suspension Of Sentence

The Rajasthan High Court has granted last opportunity to the Public Prosecutor to file reply in Self-styled godman & Life convict Asaram Bapu's third application for suspension of sentence in minor rape case, to pursue medical treatment.Justice Sandeep Mehta and Justice Vineet Kumar Mathur, observed, "Learned Public Prosecutor has not filed reply. Last opportunity is granted to him for...

Delhi High Court Asks Sharjeel Imam To Approach Trial Court Seeking Interim Bail In Sedition FIR

The Delhi High Court on Thursday granted liberty to Sharjeel Imam to approach the Trial Court seeking interim bail in an FIR against him involving the offence of Sedition under sec. 124A of Indian Penal Code, in view of recent Apex Court order wherein the sedition law has been kept in abeyance till the Union Government reconsiders the provision.The development came after Special Public...

Kalkaji Temple Redevelopment: Delhi High Court To Direct Final Vacation Of Dharamshala Premises By All Occupants On June 1

Observing that redevelopment of city's Kalkaji Temple can commence only if all persons who are in occupation of dharamshalas vacate the said premises, the Delhi High Court has said that it will direct final vacation of the same by all occupants on June 1. Justice Pratibha M Singh, who was dealing with a bunch of pleas concerning the aspect of maintenance and redevelopment of the temple,...

Arbitral Award Must Be In Accordance With The Terms Of The Contract: Reiterates Telangana High Court

The Telangana High Court has reiterated that an arbitral award must be in accordance with the terms of the contract. The Bench, consisting of Justice P. Naveen Rao and Dr. Justice G. Radha Rani, quashed an arbitral award on the ground that the clauses of the contract were not properly construed by the Arbitrator and that it was a non-speaking order which was rendered...

"Intrigued By Articles Written On GST Judgment" : Justice Chandrachud

Supreme Court judge Justice DY Chandrachud on Thursday said that he is "intrigued" by articles written on the judgment authored by him which held that the recommendations of the GST council are not binding on the Parliament and the State Legislatures.Justice Chandrachud made this remark addressing Senior Advocate Harish Salve, who was mentioning a petition filed by Jindal Mining group against...

"May Seem Plausible On Grounds Of Natural Justice, May Not Be Possible Legally": Orissa HC Rejects Challenge To Evaluation In Teachers Recruitment Exam

The Orissa High Court has recently rejected the plea of a candidate who challenged the evaluation process of the examination conducted for appointment of contractual Hindi teachers in government secondary schools. While dismissing the writ petition, the Single Bench of Justice Sanjeeb Kumar Panigrahi observed, "The court needs to see what is legally possible and not what possibly...

Supreme Court Quarterly Digest 2022- IBC (January - March)

Insolvency and Bankruptcy Code, 2016 - Appeal challenging NCLAT order which reversed the order of the NCLT wherein it had held that the application under Section 9 of the Insolvency and Bankruptcy Code, 2016 was not time-barred - Allowed - The failure of the NCLAT as the first appellate authority to look into a very vital aspect such as this, vitiates its order, especially when NCLT...

"Sanatani Hindu's Constitutional Rights Being Infringed; Ban Loudspeaker For Azan In Mathura's Shahi Idgah": Application In Local Court

An application has been filed in Mathura Court seeking a ban on the use of loudspeakers for azan in Mathura's Shahi Idgah Mosque. The application states that the use of a loudspeaker for azan in Idag is infringing the constitutional right of the plaintiff, who is a Sanatani Hindu.It may be noted that the Mathura's Shahi Idgah Masjid is located next to the Krishna Janmabhoomi, which is believed...

'Bhanwari Devi Repeat': Rajasthan High Court Grants Protection To Woman Who Accused State Minister's Son Of Rape, Murder Threat

The Rajasthan High Court has recently directed the State to ensure protection to a woman who accused Rajasthan PHED Minister Mahesh Joshi's son Rohit Joshi of rape.Reportedly, as per the FIR, the woman said, "When I called him, he said he is the son of a Minister and nobody can harass him...He brags about his money and power and at the end says that people won't even know where I have...

Andhra Pradesh Govt Moves Supreme Court Against NGT Order Halting Rushikonda Hills Tourism Project

The State of Andhra Pradesh has appealed to the Supreme Court against an order of the National Green Tribunal which halted the construction works at Rushikonda Hills in Visakhapattanam as part of a tourism project.Senior Advocate Dr.Abhishek Manu Singhvi mentioned the State's appeal for urgent mentioning before a vacation bench comprising Justices DY Chandrachud and Bela...