Supreme Court Asks Centre To Submit Response On Status of Women Army Officers' Permanent Commission

The Supreme Court on Wednesday heard an application contending that the Indian Army has "not granted Permanent Commission to even 50% of women officers", challenging the arbitrary criterion adopted by Centre to "deny benefit to deserving women candidates".The bench of Justices D. Y. Chandrachud, Indu Malhotra and Indira Banerjee adjourned the matter to December to allow time to the Centre to...

Delhi Riots: Court Allows Safoora Zargar To Visit Maternal Home For 2 Months For Care of Her Child

A Delhi court Wednesday allowed Safoora Zargar, booked under the Unlawful Activities (Prevention) Act in a north east Delhi riots case, to visit her maternal home for two months for proper nursing of her child, post partum care and customs.Zargar is out on bail in the case and gave birth to a child on October 12.The Delhi High Court had granted her bail on June 23 on humanitarian grounds as...

Kerala Governor Signs Ordinance To Withdraw Controversial Section '118A' of Kerala Police Act

The Governor of Kerala Arif Mohammed Khan has signed an ordinance to withdraw controversial ordinance which amended the Kerala Police Act introducing Section 118A of the Act.Article 213 (2) (b) of the Constitution of India empowers the Governor to withdraw an Ordinance at any time.Earlier today, the Additional Advocate General of Kerala had submitted before the High Court of Kerala that...

Sitting Over Judicial Appointments New Weapon In Executive's Arsenal : Gopal Subramanium

Sitting over collegium recommendations is the "new weapon in the arsenal" of the executive to stall appointments which they find uncomfortable, said Senior Advocate Gopal Subramanium while taking at a webinar. "Without an independent judiciary, the Constitution is nothing but a set of empty promises", he said at a talk on "The Shifting Meanings of the Rule of Law and Judicial Independence...

All NCLT Benches To Resume Regular Hearings On Pre-Lockdown Pattern Via Video Conferencing From Dec 1; Benches Notified

The National Company Law Tribunal (NCLT) has re-constituted all its Benches to enable regular hearing through Video Conferencing from December 1, 2020. As per an order issued on Wednesday, the Benches shall hear the matters of their respective jurisdiction as they were hearing before lockdown (before 23 March 2020). All matters including pending before lockdown and filed during...

Supreme Court Asks Madras HC To Decide Constitutional Validity Of Section 40(a)(iib) Of Income Tax Act

The Supreme Court has directed the Madras High Court to decide the constitutional validity of Section 40(a)(iib) of the Income Tax Act.Tamil Nadu State Marketing Corporation Ltd. had approached the Apex Court challenging the High Court order dismissing the writ petition filed by it challenging the validity of Section 40(a)(iib) of the Income Tax Act, 1961.This provision deals with disallowance...

'No Machine Infallible': Plea In SC Seeks To Replace EVM's With Ballot Paper In Forthcoming Elections

A plea has been filed in the Supreme Court seeking a direction to the Election Commission to stop using electronic voting machine (EVM) and use ballot paper instead for the forthcoming polls.The plea has averred that EVMs are more prone to error and several other countries have banned its use as doubts have been raised on its transparency & accuracy."That to save democracy, we must...

General Allegation Of 'Surcharged Atmosphere' Is Not Sufficient To Transfer Trial From One One Court To Another: Supreme Court

The Supreme Court has observed that a general allegation of surcharged atmosphere is not sufficient to transfer trial from one one Court to another."The transfer of trial from one state to another would inevitably reflect on the credibility of the State's judiciary. Except for compelling factors and clear situation of deprivation of fair justice, the transfer power should not be...

Karnataka High Court Extends Interim Relief To PG Doctors Till Nov 30

The Karnataka High Court has again extended till November 30, the interim relief granted earlier directing state government not to insist the appellants before the court (281 PG Doctors) should join their respective places for purpose of carrying out compulsory Urban service in terms of section 4 of the Karnataka Compulsory Training Service By Candidates Completed Medical...

2008 Malegaon Blast Case Hearing To Resume On Day To Day Basis From December :NIA Informs Bombay HC

The National Investigation Agency informed the Bombay High Court on Wednesday that the Special NIA Court will resume hearing in the 2008 Malegaon Blast Trial on a day-to-day basis in December and the next date of hearing before the trial court is November 26, i.e. tomorrow.A Division bench of Justice SS Shinde and Justice MS Karnik was hearing an application filed by Nisar Ahmed Haji...

Delhi High Court Quashes FIR Seeking 'Unlawful Recovery Of Money' In A Purely Commercial Matter

The Delhi High Court on Monday reaffirmed that the criminal justice delivery mechanism cannot be misused to seek recovery of money under the garb of Cheating and Criminal Breach of Trust. While quashing an FIR registered against a Gujarat-based exporter for non-payment of dues arising out of a shipping service agreement, a Single Bench of Justice Suresh Kumar Kait said, "Keeping in...

Delhi HC Directs Extension Of Pro Rata Pension To Non-Commissioned Officers of Defence Services As Well

Delhi High Court has ruled that the non-commissioned officers of the defence forces are also entitled to the pro rata pension, which is currently only given to commissioned officers. While holding that such exclusion is discriminatory, the Single Bench of Justice Rajiv Sahai Endlaw has directed the Union Ministry of Defence to ensure that pro rata pension is now given to...