Justice UU Lalit & Sr Adv Dr. Abhishek Manu Singhvi Call For Substantive Reforms In Legal Education At Jindal Global Virtual Conference

he global academic Conference organized by the Jindal Global Law School on the topic 'Reimagining & Transforming the Future of Law Schools and Legal Education: Confluence of Ideas During & Beyond COVID-19' from November 25, 2020 concluded on Friday. At the Valedictory Session of the conference, Dr. Abhishek Manu Singhvi, Senior Advocate, Supreme Court of India &...

Avoidance Application Cannot Be Adjudicated By NCLT After Approval Of Resolution Plan: Delhi High Court

The Delhi High Court has held that an application for avoidance of a preferential transaction, though filed prior to the Resolution Plan being approved, cannot be heard and adjudicated by the NCLT, at the instance of the Resolution Professional, after the approval of the Resolution Plan.The continuation of a RP or filing of an application for the purpose of prosecuting an avoidance application...

UP Ordinance Against Religious Conversions By Marriage Puts Freedom Of Choice & Dignity On Backseat : Justice Madan Lokur

Former Supreme Court judge Justice Madan B Lokur criticized the recent Ordinance brought by the Uttar Pradesh Government to criminalize religious conversions by marriage.The judge described the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance 2020, promulgated last week, as "placing on the backseat the freedom of choice and dignity". "States of Madhya Pradesh,...

COVID-19: 'State Has Taken Effective Steps, But The Same Aren't Sufficient', Himachal Pradesh High Court Directs State To File Its Response On 4 Issues

The Himachal Pradesh High Court on Tuesday (24th November) directed the State Government to file an affidavit specifying the steps taken with regard to the availability of oxygen cylinder in all the COVID dedicated hospitals; secondly, with regard to the reduction of the duration of COVID tests; and thirdly, with regard to the creation of additional beds and other facilities. It may...

Conduct Of Public Bodies Has To Be Fair & Not Arbitrary; Do Not Force Citizens To Approach Courts : Supreme Court

The Supreme Court observed that, the conduct of a public body charged to uphold the rule of law, has to be fair and not arbitrary.The court observed thus while dismissing Gujarat Maritime Board's appeal against the High Court judgment which allowed the writ petition filed by "Asiatic Steel" Court seeking refund of contract consideration of ₹3,61,20,000/- paid by them to the Board. In the...

A H Vishwanath Disqualified; Disqualification To Be Considered While Nominating Him As Minister : Karnataka High Court

The Karnataka High Court on Monday held a prima facie view that Member of Legislative Council A.H. Vishwanath, has incurred disqualification under Article 164 (1) (b) and Article 361 (B) of the Constitution of India, till the expiry of the term of the Legislative Council-May 2021, while two other nominees R. Shankar, and N. Nagaraj (MTB) have not. A division bench of...

Right To Freedom Of Expression Is The Lifeblood Of A Genuine Constitutional Democracy: South Africa Constitutional Court Reads Down Its Riotous Assemblies Act

The Constitutional Court of South Africa has held that the section 18(2)(b) of the Riotous Assemblies Act is unconstitutional to the extent that it criminalises the incitement of another to commit "any offence".We should always lean in favour of respecting, protecting and promoting [ the fundamental] rights rather than settle for the easy and more deleterious option of taking them away, the...

Freedom Of Speech Doesn't Entitle A Person To Make Derogatory Remarks Against Any Community/Gender: P&H High Court

"Freedom of speech does not entitle a person to make derogatory remarks/posts against any community or gender", remarked the Punjab & Haryana High Court on Thursday (26th November). The Bench of Justice Alka Sarin made the above-said observation while dismissing a petition for grant of regular bail to the Petitioner under Sections 153-A, 295-A and 505 of the Indian Penal Code,...

Investigation & Arrest Under Immoral Traffic (Prevention) Act To Be Conducted By Special Police Officer; Power Cannot Be Delegated: Kerala High Court

The Kerala High Court has made it clear that any investigation or arrest under the Immoral Traffic (Prevention) Act, 1956 has to be conducted only by a Special Police Officer authorized in that behalf. It has been held that there is no provision in the Act that empowers such Special officer to authorise the investigation of the case to be conducted by any other Police...

Alleged Leakage Of Confessional Statement Of Delhi Riots Accused- Zee News And OP India Violated The Programme Code: Petitioner Tells Delhi HC

"The vigilance inquiries in regard to the documents/confessional statement being leaked from the case diaries has been concluded.", SPP submitted before the Court.

Section 14 Limitation Act Has No Application In Criminal Proceedings : Chhattisgarh High Court

The Chhattisgarh High Court has observed that the Section 14 of the Limitation Act, 1963 has no application in criminal proceedings.Section 14 provides for exclusion of time spent in proceedings bona fide, in a Court which lacked jurisdiction. The issue in this case was whether in a criminal proceeding, Section 14(1) of the Limitation Act, 1963 would be applicable? In this case, the dismissal...

Dishonour Of Cheque: Specific Averments To Be Mentioned, Not Enough To Allege That the Accused Was CEO Or Director Of Company: Delhi High Court

The Delhi High Court has passed an order quashing criminal proceedings against the former CEO of a company in a cheque dishonour case, holding that as no specific allegations or averments against the former CEO, regarding her alleged role either in the transaction or in the conduct of business of the company were made out, the complaint against her was liable to be quashed in...