Failure To Disburse COVID Death Compensation : Chief Secretaries Of Bihar & AP Appear Before Supreme Court; Assure Compliance

On Wednesday, the Supreme Court lashed out at the States of Bihar and Andhra Pradesh for not complying with its earlier directions in disbursing ex-gratia compensation to the kin/family of the persons who have died due to COVID-19. Satisfied that the States have failed to comply with its previous orders, a bench comprising Justices M.R. Shah and Sanjiv Khanna issued show cause notices...

Suo Moto Case Regarding Nehru Place Fire Incident: Manushi Sangathan Moves Delhi High Court Seeking Impleadment

Manushi Sangathan, an organization representing 67 hawkers and vendors, has moved the Delhi High Court seeking impleadment in the suo moto case registered last year following a fire incident at a building in the Nehru Place market. The organization has sought impleadment as a necessary party, claiming that the their vending activities are protected under the order passed by the Supreme...

Protection Petitions: P&H High Court Makes Declaration Regarding Status Of Minor Children From First Marriage Mandatory

The Punjab and Haryana High Court has made it mandatory for parties moving the High Court with their protection pleas in case of Live-in relationships or second marriage, despite subsisting marriages, to declare the status of the minor children from their first marriage, if any.A notice has been issued in this regard on Tuesday by the HC administration which states thus:"This is for...

Letters Patent Appeal Against Division Bench Order Not Tenable In Law: Delhi High Court Imposes Cost

The Delhi High Court on Monday dismissed a Letters Patent Appeal, filed against an order passed by the division bench, with Rs. 5,000 cost.The Bench comprising of Chief Justice D. N. Patel and Justice Jyoti Singh made it clear that a "LPA against a division bench order is not tenable in law.""File the appropriate remedy. A Special Leave Petition or whatever recourse is permissible in law,"...

Marital Rape| 'Consent' An Implicit Condition In Exceptions To S. 375 IPC: Amicus Curiae Rebecca John To Delhi High Court

On Wednesday, the Delhi High Court continued hearing a batch of petitions challenging the second exception to Section 375 of the Indian Penal Code, which exempts forceful sexual intercourse by a man with his wife from the offence of rape.Starting her arguments as the second amicus curiae in the case, Senior Advocate Rebecca John emphasized that 'consent' is an underlying condition in...

When Defendant's Trademark Is Identical To Plaintiff's Registered Trademark & Their Goods Or Services Are Identical, Confusion In Public Shall Be Presumed : Supreme Court

"In an infringement action, an injunction would be issued as soon as it is proved that the defendant is improperly using the trade mark of the plaintiff".

Rajasthan HC Issues Notice To State's Chief Secretary In Contempt Plea Over Vacant Posts In State Women Commission

The Rajasthan High Court on Tuesday issued a notice to Chief Secretary, State Of Rajasthan and Principal Secretary Department Of Women And the Child Development State Of Rajasthan on a contempt plea filed regarding vacant posts in Rajasthan State Commission For Women.The bench of Justice Sandeep Mehta and Justice Vinod Kumar Bharwani was hearing the contempt plea filed by a social worker...

Chairperson & Members Of State Minorities Commission Can Be From Same Minority Community : Kerala High Court

The Kerala High Court on Tuesday ruled that merely because the Kerala State Commission for Minorities (Amendment) Act, 2017 permits appointing Chairperson and members from the same community, it cannot be said to be conferment of unbridled power infringing rights guaranteed under Articles 14 and 16 of the Constitution of India. While dismissing a Public Interest Litigation (PIL), a Division...

Payment Of Wages Act Is Beneficial Piece Of Legislation, Weaker Section Can't Be Denied Legal Entitlement On Technicalities: Karnataka HC

The Karnataka High Court recently observed that Payment of Wages Act is a beneficial piece of enactment. The workmen cannot be denied the legal entitlement by applying technicalities while adjudicating the claim application. Justice Jyoti Mulimani thus quashed the order dated January 28, 2015 passed by the Assistant Labour Commissioner rejecting the claim petition filed by...

'Only Advisory' : Supreme Court Clarifies Lawyers Not Barred From Using Mobile Phones To Attend VC

The Secretary General of Supreme Court of India has written to the Supreme Court Advocates On Record Association clarifying that Supreme Court's notification dated January 17, 2022 asking lawyers to avoid using mobile phones during virtual court hearings was only advisory in nature.The letter has stated that the purpose of the said advisory is to facilitate smooth functioning of the Court and...

'Produce Umar Khalid Without Handcuffs Or Fetters': Delhi Court Directs Jail Authorities In 2016 JNU Sedition Case

A Delhi Court has recently directed the jail authorities to produce Umar Khalid in a routine manner, without any handcuffs or fetters. He is under custody in connection with the 2016 JNU sedition case. Chief Metropolitan Magistrate Pankaj Sharma of the Patiala House Court ordered thus:"…considering the facts and circumstances, it is directed to jail authorities that accused Umar Khalid...

Uphaar Tragedy- Should Ansal Brothers Be Out During Pendency Of Appeal When A Court Has Already Found Them Guilty?: Delhi HC

The Delhi High Court on Wednesday continued the hearing in the plea filed by real estate barons Sushil Ansal and Gopal Ansal, seeking suspension of their seven-year jail terms in the evidence tampering case in connection with the Uphaar fire tragedy that happened in the year 1997.During the course of the hearing, the Bench of Justice Subramonium Prasad stressed that the instant case related...