Suo Motu Case On Lawyers' Strikes: No Response From BCI, State Bar Councils; Supreme Court Requests BCI Chairman To Assist Court

In connection with the problem of strikes and abstention of work by lawyers, the Supreme Court on Monday has requested the Chairman of the Bar Council of India to render assistance to the Court. On February 28, 2020, the Court, taking a serious note of the fact that despite consistent decisions of the Court, still the lawyers/Bar Associations go on strikes, had taken suo moto cognisance...

Karnataka High Court Issues Notice On Plea Challenging Provisions Of New IT Rules 2021

The Karnataka High Court on Monday issued notice the Union of India on a petition filed seeking to declare Rule 3 (1) (d) and Rule 7 of the Information Technology (Intermediary guidelines and digital media ethics code, 2021, as ultra vires and unconstitutional and strike down the rules as it grants executive powers without adequate safeguards. A division bench of Chief...

Bar Assoc. Resolution To Not Appear In Criminal Cases Involving Lawyers Is Unconstitutional, Against Professional Advocacy Ethics: Allahabad HC

The Allahabad High Court today held that a resolution passed by the Bar Associations that none of its members will do pairvi in any criminal case against a member Advocate or his family members is not only un-constitutional, against the ethics of professional advocacy as well as against the concept of Articles 14, 21 and 22(1) of the Constitution of India. The Bench of Justice Mohd....

Personal Information Having No Relation To Any Public Activity, Public Interest Cannot Be Disclosed Under RTI Act: Delhi High Court

The Delhi High Court on Monday observed that any personal information having no relation with any public activity or public interest cannot be disclosed under the Right to Information Act. The Court also said that disclosure of such information can cause an unwarranted invasion into one's privacy.The observation came from a division bench comprising of Chief Justice DN Patel and Justice...

Bhima Koregaon Violence Caused By Another Group : Jaising Argues Relying On Ex-CM's Statements, Pune Police Affidavit

The caste violence at Bhima Koregaon on January 1, 2018, was not caused by the "lawful" Elgar Parishad event held the previous day, and the case would not attract the stringent Unlawful Activities (Prevention) Act, researcher Rona Wilson told the Bombay High Court. Senior Advocate Indira Jaising for Wilson submitted that she would be relying on two statements made by then...

Courts This Week- A Weekly Round Of Important Legal Developments In The Country [Episode-75]

...

Delhi Police Moves High Court Against Trial Court Order Imposing Rs. 25K Cost For It's ''Farcical & Callous' Investigation In Delhi Riots Case

The Delhi Police has moved the Delhi High Court against the Trial Court's order which had imposed Rs. 25,000 cost on it by calling the investigation as 'farcical' and 'most callous' in connection with a Delhi Riots case.The trial court was dealing with a revision petition filed by SHO, PS Bhajanpura challenging an order directing them to register a seperate FIR of one Mohd. Nasir who had...

Ocular Evidence Is The Best Evidence Unless There Are Reasons To Doubt It: Supreme Court

Ocular evidence is considered the best evidence unless there are reasons to doubt it, the Supreme Court observed while setting aside an order of High Court that acquitted an accused in a murder case.The bench comprising Justices Navin Sinha and R. Subhash Reddy observed that the ocular evidence may be disbelieved only when there is a gross contradiction between medical evidence and...

Letter Of Intent Is Not A Binding Contract Unless Such An Intention Is Evident From Its Terms: Supreme Court

A Letter of Intent is not a binding contract unless such an intention is evident from its terms, the Supreme Court observed while dismissing an appeal filed by South Eastern Coalfields Ltd, a Government company.The bench comprising Justices Sanjay Kishan Kaul and Hemant Gupta observed that such intention must be clear and unambiguous as LoI normally indicates a party's intention to enter into a...

Kerala High Court Grants Interim Anticipatory Bail To Two Accused In ISRO Espionage Case

The Kerala High Court on Monday granted interim anticipatory bail to former police officers S. Vijayan and Thampi S. Durga in the ISRO espionage case for two weeks. The duo was accused of being a part of the conspiracy to falsely implicate, arrest and torture ISRO scientist NambI Narayanan for espionage.Justice Ashok Menon while passing the interim orders also extended the interim bail granted...

Section 138 NI Act- Jharkhand High Court Explains Bouncing Of Non-MICR Cheques, Notice Under Certificate of Posting

The Jharkhand High Court last week made some pertinent observations regarding the essentials required for prosecution under Section 138 of the Negotiable Instruments Act, 1881 (Act) for the bouncing of non-MICR (Magnetic Ink Character Recognition) cheques. The Court also issued directions on what would constitute a valid mode of service for the dispatch of a demand notice. Justice Anubha...

Lok Sabha Clears Factoring Regulation (Amendment) Bill Amid Opposition Protests

The Lok Sabha today passed the Factoring Regulation (Amendment) Bill, 2021 with an aim to liberalize the Factoring Regulation Act, 2011 by widening the scope of entities which can engage in factoring business. The Bill was introduced in the Lok Sabha on September 14, 2020. It was referred to the Standing Committee on Finance on September 25, 2020 and the Committee's report was tabled...