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Courts Cannot Injunct Encashment Of Bank Guarantee During Its Validity : Delhi High Court
The Delhi High Court recently remarked that a judicial order cannot be passed that a Bank Guarantee could not be encashed during its validity.A Bench of Justice Manmohan and Justice Navin Chawla added that,"In our view, the Court cannot injunct encashment of a bank guarantee during its validity if a cause of action arises in future. Bank guarantee has a meaning and legal sanctity attached...
"Do Not Insist On Production Of Aadhar Card As Only ID Proof For COVID Vaccination, Other Recognized Options Available": Meghalaya HC To State
The Meghalaya High Court has recently requested the State Government to not insist on production of Aadhar card as the only proof of identification for the purpose of administering covid-19 vaccination.Chief Justice Biswanath Somadder and Justice H.S. Thangkhiew reasoned that there were other recognized options available to a citizen of this country to show their proof of identity."In some...
No Fetters Can Be Placed On Freedom Of Press By Registering FIR Against Reporter For Publishing News Obtained From Identifiable Source: J&K HC
The Jammu and Kashmir High Court has recently observed that no fetters can be placed on freedom of press by registering an FIR against a journalist for publishing a news item on the basis of an information obtained from him from an identifiable source."Needless to say that press is often referred to as the fourth pillar of democracy and freedom of the press is vital for the functioning of...
Principle Of Equal Pay For Equal Work Cannot Be Applied Merely On Basis Of Designation: Supreme Court
The Supreme Court observed that the principle of equal pay for equal work cannot be applied merely on basis of designation.In this case, the court had to examine the claims made by Private Secretaries (Grade-II) ("PS-II") employed in the Eastern Central Railways (Field Office/Zonal Railways),for parity in pay with their counterparts working in the Central Secretariat Stenographers...
Applicability Of Res Judicata Between Co-Defendants: Supreme Court Explains
The Supreme Court, in a judgment passed last week, examined the applicability of res judicata between co-defendants.The court observed that the requisite conditions to apply the principle of res judicata as between co-defendants are that :(a) there must be conflict of interest between the defendants concerned; (b) it must be necessary to decide this conflict in order to give the plaintiff...
Schools Should Not Compel Children To Attend Physical Classes: Telangana High Court
A two-judge Bench of the Telangana High Court comprising of Acting Chief Justice M. S. Ramchandra Rao and Justice T. Vinod Kumar on Tuesday gave a series of directions on the government Memo issued relating to the opening of all schools in the state from Sept. 1. The government issued the Memo on August 24th, directing to reopen all the government and private schools in the state to...
Probe Into Shyama Prasad Mukherjee's Death, Declassify Documents : Plea In Calcutta High Court
A petition has been moved before the Calcutta High Court seeking an inquiry into the 'mysterious' death of the founder of the Bharatiya Jana Sangh (BJS) Dr. Syama Prasad Mukherjee who had passed away in Kashmir in the year 1953. "The citizen's of India has no information how the death was held while Dr. Shyama Prasad Mukherjee was in custody, hence, all the citizens of India had...
IT Rules 2021 Deter Fake News; No Chilling Effect On Free Speech : Centre Tells Delhi High Court
In an affidavit filed before the Delhi High Court, the Central Government has stated that the IT Rules 2021, notified earlier this year for regulation of online news and social media platforms, do not muffle the right to free speech in the country. It claims that the legislative intent behind the Rules is to deter fake news, bring about self-regulation clubbed with a...
"Whether Guidelines Can Be Extended To UTPs Facing Trial For Offences Not Included In Exclusion Clause?": Delhi HC Asks High Powered Committee To Clarify
The Delhi High Court has asked it's High Powered Committee to clarify as to whether the guidelines issued this year can be applied to under trial prisoners who are facing trial for offences not included in the exclusion clause, particularly sec. 364A (Kidnapping for ransom), 394 (Voluntarily causing hurt in committing robbery), 397 (Robbery, or dacoity, with attempt to cause death or...
Equal Participation Of Students With Disabilities In Online Classes: Plea In Supreme Court Seeks Directions To Centre To Issue Guidelines
The plea also seeks directions to the Department of Empowerment of Persons with Disabilities and the Department of Higher Education to implement the provisions of the Rights of Persons With Disabilities Act, 2016.
"NGT, Being An Adjudicatory Body Of First Instance, Is Expected To Record Reasons For Decisions": Supreme Court
In one of the two matters, while remanding back an appeal against the grant of EC, the bench observed that there is 'no application of mind by the NGT' that the EC for expansion was not valid in view of the impact on marine biology and mangroves.
1993 Train Blasts Case: Supreme Court Asks TADA Court To Explain Reason For Delay In Framing Of Charges
The State of Rajasthan had submitted in its counter-affidavit that CBI had submitted a charge sheet against the accused in 1994 itself and that he was absconding for a period of 15 years until he was arrested.