Disclosure Of Interest Necessary Only When 'Personal' Information Sought Under RTI Act: Delhi High Court Clarifies Its Recent Ruling

The Delhi High Court on Friday (29th January) clarified that whenever 'Personal Information' is sought under the 'Right To Information Act, 2005', the disclosure of applicant's interest in the information being sought would be necessary to establish his/her bonafides. By issuing this clarification, the Bench of Justice Prathiba M. Singh has modified her earlier Judgment dated...

Plea Challenging Madhya Pradesh Ordinance On Religious Conversion: High Court Issues Notice To Govt.

The Madhya Pradesh High Court on Friday (29th January) issued a notice (returnable by eight weeks) to the Madhya Pradesh State Government in a plea challenging the anti-religious conversion law (The Madhya Pradesh Freedom of Religion Ordinance, 2020). The Bench of Chief Justice Mohammad Rafiq and Justice Vijay Kumar Shukla was hearing a plea challenging the vires of the...

Sexual Harassment At Workplace: Delhi High Court Upholds Dismissal Of Judge

Delhi High Court on Friday dismissed a writ petition filed by an ex officer of Delhi Higher Judicial Services (DHJS) who was dismissed from service after complaints of sexual harassment at workplace was filed by a female ahalmad of District Court, Dwarka. The judgment was delivered by a Division Bench comprising of Justice Rajiv Sahai Endlaw and Justice Asha Menon. The factual matrix of...

Take Precautions To Avoid & Prevent Disclosure Of Rape Victim's Identity Even Indirectly: Bombay High Court Issues Directions For Media, Public & Courts

The Bombay High Court (Aurangabad bench) recently issued additional guidelines to restrain print/electronic media as well general public, using social media, from publishing information related to a Rape victim that could "directly or indirectly" disclose her identity. The Bench of Justice T. V. Nalawade & Justice M. G. Sewlikar was hearing the plea of one the mother of a...

Epidemic Diseases Act Cannot Be Exercised To Transfer An Officer In Disregard Of Transfer Act : Bombay High Court

The Epidemic Diseases Act 1897(ED Act) cannot be used to transfer a government employee in violation of the laws that would govern his transfer, the Bombay High Court observed while denying relief to the Director of Medical Education and Research, TP Lahane. A division bench of Chief Justice Dipankar Dutta and Justice GS Kulkarni held that allowing the Director, a competent officer...

Maharashtra Tops On Justice Delivery, Women Constitute Only 29% Of Judges In India: The India Justice Report 2020

The India Justice Report 2020 announced on Saturday has ranked Maharashtra at the top in terms of Justice delivery in India. The Report has tracked the the progress states have made in capacitating their justice delivery structures to effectively deliver services to all, and has taken account of the latest statistics and situations as they existed prior to March 2020. It has brought...

When Will Right To Default Bail Arise In Cases With No Minimum Term And Maximum Term Beyond 10 Years?SC To Examine

The Supreme Court has decided to examine the legal position regarding the period required to file chargesheet, for the purposes of default bail under Section 167(2) of the Code of Criminal Procedure, when the offence does not prescribe a minimum sentence and the maximum term of imprisonment prescribed is more then ten years.A bench headed by Justice Ashok Bhushan issued notice on this question...

RTI- CPIO/PIO Cannot Function As 'Post Offices' And Withhold Information Without Reasonable Cause, Delhi High Court

The Delhi High Court has recently held that the Central Public Information Officer (CPIO) or PIOs cannot withhold information without reasonable cause and that such officers cannot function merely as "post offices" while dealing with information sought under the Right to Information (RTI) Act. The judgment was delivered by a Single Judge Bench of the Delhi High Court comprising of...

Tenant Cannot Dictate Adequacy Of Space Required By Landlord For Proposed Business Venture: Supreme Court Upholds Summary Eviction Order

A tenant cannot dictate how much space is adequate for the proposed business venture or to suggest that the available space with the landlord will be adequate, the Supreme Court observed while upholding an eviction order passed in favour of an NRI landlord under East Punjab Urban Rent Restriction Act, 1949.In this case, the landlords moved Rent Controller seeking immediate recovery of...

Pune Court Refuses To Stop Serum Institute Of India From Using 'COVISHIELD' Name For COVID-19 Vaccine

A commercial court in Pune on Saturday refused to pass interim injunction to restrain the Serum Institute of India(SII) from using the trademark "COVISHIELD" for its vaccine for the Coronavirus induced pandemic.The order was passed in a passing off suit filed by a Nanded-based pharmaceutical company "Cutis Biotech" which claimed to be the "lawful and prior user" of the tradename...

Appellate Court's Jurisdiction Under Section 96 CPC Involves Rehearing On Questions Of Law As Well As Fact: Supreme Court

The Supreme Court observed that an appellate court's jurisdiction under Section 96 of the Code of Civil Procedure, involves a rehearing of appeal on questions of law as well as fact.The bench comprising Justices S. Abdul Nazeer and Surya Kant observed thus while setting aside an order passed by Karnataka High Court which had dismissed the appeal filed against a Trial Court judgment. The Trial...

Actor Sonu Sood Moves Supreme Court Against Bombay High Court's Order Denying Relief Against BMC's Notice On 'Illegal Constructions"

A plea has been filed before the Supreme Court by Actor Sonu Sood challenging the the Bombay High Court's recent order dismissing their appeal against Civil Court's rejection in granting temporary injunction against the Greater Mumbai Municipal Corporation. The plea by the Actor has alleged that grave miscarriage of justice has been caused, on account of the observations made in the...