Leaked Draft Judgment Of US Supreme Court Indicates Overruling Of Roe v.Wade Abortion Rights Decision

The US Supreme Court is likely to overrule the landmark Roe v. Wade decision that has guaranteed the right to abortion for nearly a half-century according to a leaked draft opinion published online on Monday night by Politico.The leaked draft judgment of Justice Samuel Alito was reported by news portal Politico. According to the report, the draft was circulated among judges on February 10 and...

The Indian Connection With Pak Decision To Live-Stream Court Proceedings

The Islamabad High Court (IHC) in Pakistan has decided to live-stream its proceedings for the first time in the country's history. Notably, this significant development has a slight connection with Mumbai, an Indian city located 1,643 kilometres away. Barrister Ummar Ziauddin, who had petitioned the IHC for live streaming, has never visited Mumbai, but he has been exchanging...

Entire Court Fee Should Be Refunded When A Pending Civil Case Is Settled Through Lok Adalat: Kerala High Court

The Kerala High Court has laid down that when a dispute in a pending civil case is referred to the Lok Adalat and settled thereafter, the entire court fee already paid by the party is liable to be refunded.Justice V.G Arun found that the 7% reduction of the court fee already paid was not sustainable since such cases were governed by the Legal Services Authorities Act and the Court Fees Act,...

Right Of Redemption Subsists So Long As Mortgage Itself Subsists, Clause To Restrict Period Of Redemption In Conflict With Law: Jharkhand HC

The Jharkhand High Court has affirmed that term of mortgage placing embargo on the redemption of mortgage of property by shortening the period within which the redemption could be sought, is a clog on redemption and as such void.Referring to L.K. Trust v. EDC Ltd., (2011) 6 SCC 780, it reiterated that a right of redemption is an incident of a subsisting mortgage and exists so long as the...

Supreme Court Refuses To Apply Automatic Stay Vacation Direction In 'Asian Resurfacing' Judgment To Interim Stay In Writ Proceedings

The Supreme Court refused to apply the dictum of automatic vacation of stay in Asian Resurfacing of Road Agency Private Limited and Another v. Central Bureau of Investigation (2018) 16 SCC 299 to an order passed by High Court in writ proceedings.In this case, a division bench of a High Court stayed operation of the order passed by the Single Judge in a writ petition. By filing a...

Party Can't Exhaust Alternate Remedy In SC Before Approaching HC U/Art. 227; There Can Be No Appeal From 'Caesar' To 'Mark Antony': Delhi HC

The Delhi High Court has observed that a party cannot be directed to exhaust the alternate remedy available before the Supreme Court before approaching the High Courts under Article 226/227 of the Constitution.Referring to Shakespeare's Julius Caesar, Justice C Hari Shankar said:"There can be no appeal from Caesar to Mark Antony."The Court was dealing with a matter concerning a complaint...

Liability Of Insurer Invited Due To "Involvement" Of Vehicle In Accident, Not Negligence Of Driver Per Se: Punjab & Haryana High Court

The Punjab and Haryana High Court recently while dealing with a matter related to compensation in a motor accident act claim observed that negligence of the driver is not, per se, the reason for inviting liability by such a vehicle. The observation came from Justice Rajbir Sehrawat, who observed that it is the 'use of vehicle' on the road, which per se, invites liability for the owner...

Cogent Cause & Strict Adherence To Constitutional Safeguards Must To Curtail Personal Liberty: J&K High Court Quashes Preventive Detention Order

The Jammu & Kashmir and Ladakh High Court recently quashed a detention order passed by a District Magistrate, Samba while observing that the order was passed without keeping in mind the constitutional safeguards. Justice Sindhu Sharma observed: "The respondents have not adhered to the legal and constitutional safeguard while passing the impugned order of detention. Therefore,...

Patna High Court Seeks Details On Number Of Women & Youth Apprehended Under Liquor Prohibition Law

Patna High Court has sought details from the Principal Secretary, Prohibition and Excise Department, regarding the action taken under the liquor prohibition law in Bihar. Justice Satyavrat Verma ordered, "Details of women who have been jailed so far and youth in the age group of 18-25 years should be furnished in the action taken under the Prohibition Act." The court has passed this order...

Allow Doctors & Individuals To Report Adverse Effects Of Vaccination In Virtual Platform; Make Reports Publicly Accessible : Supreme Court To Centre

The Supreme Court, on Monday, directed the Union Government to allow individuals and doctors to report the Adverse Events Following Immunization (AEFIs) on a virtual platform and the reports of the same be made publicly accessible without compromising the privacy of the persons reporting. "...the Union of India is directed to facilitate the reporting of suspected adverse events...

Plea Seeking Re-Vaccination For Those Who Took Sputnik-V Vaccine : Supreme Court Asks Petitioner To Move Representation Before Centre

The Supreme Court on Monday refused to interfere in a writ petition seeking modification of CoVID 19 policy to allow voluntary re- vaccination of persons who have received the Sputnik-V vaccine and are desirous of traveling abroad. However, the bench of Justices DY Chandrachud and Surya Kant granted the petitioner liberty to move a representation before the Union Ministry of Health...

TET Not Mandatory For Teachers In Minority Institutions: Madras High Court Reiterates

The Madras High Court has reiterated that TET qualification cannot be made applicable to minority institutions. The bench of Justice V Parthiban further confirmed the legal position that the prescription of TET qualification in terms of the Right of Children to Free and Compulsory Education Act, 2009 was not applicable to minority institutions. In light of the decision of...