Consumer Protection Act 2019 : Legislative Impact Assessment Study Recommends Revision Of Pecuniary Jurisdiction To Reduce Burden On District Forums

The Central Government has filed an affdavit containing the Legislative Impact Assessment of the Consumer Protection Act, 2019 as directed by the Apex court in the suo-motu matter dealing with the issue of vacancies in Consumer Commissions across the country. In an order dated 11/08/2021, a Bench of Justices Sanjay Kishan Kaul and Hrishikesh Roy had directed the...

Indian Judiciary Has Always Been At The Forefront In Shaping A Welfare State: CJI NV Ramana

"Indian judiciary has always been at the forefront to make our country a welfare state. The country's history tells us that the constitutional courts (with the constitution at their hearts) have always stood up for the marginalized", said Chief Justice of India, NV Ramana while speaking at the Valedictory Ceremony of Pan India Legal Awareness & Outreach Campaign.This was a pan India...

'Deeply Concerned With Opaqueness' : Madras Bar Association Passes Resolution Against Proposal To Transfer Chief Justice Sanjib Banerjee

The Madras Bar Association has passed a resolution urging the Supreme Court Collegium to reconsider the recommendations to transfer the Chief Justice of Madras High Court Sanjib Banerjee to Meghalaya High Court.The Association said that it was "deeply concerned with the opaqueness surrounding the transfers". It also expressed concern with the transfer of Justice TS Sivagnanam from Madras...

S. 439 CrPC: Delhi High Court Stays Sessions Court's Bail Order Castigating Police Investigation

The Delhi High Court has stayed an order passed by a Sessions Court in bail proceedings, wherein it had pulled up an Investigating Officer of the Delhi Police for conducting perfunctory investigation in connection with a dowry death case.Justice Chandra Dhari Singh observed,"it is a settled position of law that the lower courts are not akin to constitutional courts. While deciding an...

Merely Having An Explicit Clause Not Sufficient To Make Time The Essence Of The Contract: Supreme Court

The Supreme Court observed that merely having an explicit clause may not be sufficient to make time the essence of the contract.The contractual clauses having extension procedure and imposition of liquidated damages, are good indicators that 'time was not the essence of the contract', the bench comprising CJI NV Ramana and Justice Surya Kant observed in a judgment delivered on Saturday. The...

'SBI Can't Misinterpret RBI Circulars'- Madras High Court Holds Collection of Cash Handling Charges From Stamp Vendors Illegal

The practice of collecting cash handling charges from stamp vendors who deposit money through treasury challans into the Government account must be done away with, Madras High Court has ruled recently, giving strict directions to the State Bank of India. Justice S.M Subramaniam made it clear that the two RBI Master Circulars in 2014 and 2021, vehemently relied on by the State Bank of...

Power To Transfer High Court Judges: Explained

The recent decision of the Supreme Court Collegium transferring the Chief Justice of Madras High Court Justice Sanjib Banerjee to the Meghalaya High Court has again ruffled feathers of the legal fraternity. The recommendation of the collegium has drawn sharp criticism from various quarters of the legal fraternity. With this backdrop, let us understand the procedure to be followed for...

Requests Being Made To Chief Justices To Consider Women, OBC, Minorities, SC/ST Candidates For HC Judgeship: Kiren Rijiju

To ensure social diversity in appointment in the High Courts, the Central Government has been requesting the Chief Justices across all the High Courts to give due consideration to suitable candidates belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes, minorities, and women while sending their proposal for appointment of judges.Union Law Minister Kiren Rijiju informed the...

Custody Certificate- Circulate 'Correct Format' To Jail Authorities & File All Cases In That Format Only: Supreme Court Directs State Of UP

The Supreme Court on Friday asked the Uttar Pradesh State to come up with a correct format of custody certificate and circulate the same to the concerned jail authorities.The Bench of Justice S. K. Kaul and Justice M. M. Sundresh further directed the UP Government that henceforth in all cases, custody certificate should be filed in that format only.Essentially, the Court was dealing with...

[Employees Compensation Act] Appeal Against Award Passed By Compensation Commissioner Only Maintainable On Substantial Question Of Law U/s 30: Supreme Court

The Supreme Court has observed that an appeal against the award passed by Compensation Commissioner is maintainable only on a substantial question of law in terms of section 30 of the Employees Compensation Act, 1923. The bench of Justices Hemant Gupta and V Ramasubramanian in the present matter was considering an appeal challenging Madras High Court's order dated April 25, 2013. As per the...

She Is Major, Highly Educated, Can Decide Where To Go & Reside: Allahabad HC Orders Protection For Married Woman Residing With A Man

The Allahabad High Court on Thursday came to the rescue of a married woman who moved the High Court with her protection plea claiming that she is facing threats from her family members and therefore, sought direction to the police authorities to protect her and another man, with whom she is presently residing.The Bench of Justice Devendra Kumar Upadhyaya and Justice Saroj Yadav directed...

'Very Arrogant', 'No Respect For Court Orders' : Supreme Court Dismisses UP Govt Secretaries' Plea Against Arrest Warrants

The Supreme Court on Saturday made scathing remarks against the Officers from State of UP against whom bailable warrants have been issued by the High Court, for their 'reckless attitude' in not respecting the Court orders.A Bench comprising the Chief Justice of India NV Ramana, Justice Surya Kant and Justice Hima Kohli was hearing a petition challenging the High Court's recent order...