Freedom Fighter's Descendant Alleges Harassment For Exposing Corruption In Gujarat Transport Dpt, Seeks High Court's Permission For "Active Euthanasia"

In a writ petition filed before the Gujarat High Court under Article 226 of the Constitution, a man claiming to be a descendant of freedom fighter Namdev Nathu Mahajan has sought permission to commit Iccha Mrytyu i.e., active euthanasia.The Petitioner, 56 years of age, says he was working as a driver in the Gujarat State Road Transport Corporation when he received information and...

Monthly Digest Of Arbitration Cases- April 2022

Supreme Court Arbitrators Must Say Upfront Their Fees For The Number Of Sittings, Opines Supreme Court During Hearing Case Title: Oil and Natural Gas Corporation Ltd. versus Afcons Gunanusa The Supreme Court, while hearing on the issue of fixation of standards for fees for arbitrators, has emphasized on "upfront" fixation of arbitrator's fee. The Bench of Justices D.Y....

Leaked Draft Judgment Of US Supreme Court Indicates Overruling Of Roe v.Wade Abortion Rights Decision

The US Supreme Court is likely to overrule the landmark Roe v. Wade decision that has guaranteed the right to abortion for nearly a half-century according to a leaked draft opinion published online on Monday night by Politico.The leaked draft judgment of Justice Samuel Alito was reported by news portal Politico. According to the report, the draft was circulated among judges on February 10 and...

Monthly Digest Of IBC Cases: April 2022

Supreme Court Wages/Salaries Of Only Those Workmen/Employees Who Actually Worked During CIRP Are To Be Included In CIRP Costs: Supreme Court Case title: Sunil Kumar Jain v Sundaresh Bhatt, Civil Appeal No. 5910 of 2019. A Supreme Court division bench comprising of Justice M.R. Shah and Justice Aniruddha Bose has held that the dues towards the wages/salaries of only...

Entire Court Fee Should Be Refunded When A Pending Civil Case Is Settled Through Lok Adalat: Kerala High Court

The Kerala High Court has laid down that when a dispute in a pending civil case is referred to the Lok Adalat and settled thereafter, the entire court fee already paid by the party is liable to be refunded.Justice V.G Arun found that the 7% reduction of the court fee already paid was not sustainable since such cases were governed by the Legal Services Authorities Act and the Court Fees Act,...

Right Of Redemption Subsists So Long As Mortgage Itself Subsists, Clause To Restrict Period Of Redemption In Conflict With Law: Jharkhand HC

The Jharkhand High Court has affirmed that term of mortgage placing embargo on the redemption of mortgage of property by shortening the period within which the redemption could be sought, is a clog on redemption and as such void.Referring to L.K. Trust v. EDC Ltd., (2011) 6 SCC 780, it reiterated that a right of redemption is an incident of a subsisting mortgage and exists so long as the...

Party Can't Exhaust Alternate Remedy In SC Before Approaching HC U/Art. 227; There Can Be No Appeal From 'Caesar' To 'Mark Antony': Delhi HC

The Delhi High Court has observed that a party cannot be directed to exhaust the alternate remedy available before the Supreme Court before approaching the High Courts under Article 226/227 of the Constitution.Referring to Shakespeare's Julius Caesar, Justice C Hari Shankar said:"There can be no appeal from Caesar to Mark Antony."The Court was dealing with a matter concerning a complaint...

Liability Of Insurer Invited Due To "Involvement" Of Vehicle In Accident, Not Negligence Of Driver Per Se: Punjab & Haryana High Court

The Punjab and Haryana High Court recently while dealing with a matter related to compensation in a motor accident act claim observed that negligence of the driver is not, per se, the reason for inviting liability by such a vehicle. The observation came from Justice Rajbir Sehrawat, who observed that it is the 'use of vehicle' on the road, which per se, invites liability for the owner...

Cogent Cause & Strict Adherence To Constitutional Safeguards Must To Curtail Personal Liberty: J&K High Court Quashes Preventive Detention Order

The Jammu & Kashmir and Ladakh High Court recently quashed a detention order passed by a District Magistrate, Samba while observing that the order was passed without keeping in mind the constitutional safeguards. Justice Sindhu Sharma observed: "The respondents have not adhered to the legal and constitutional safeguard while passing the impugned order of detention. Therefore,...

Patna High Court Seeks Details On Number Of Women & Youth Apprehended Under Liquor Prohibition Law

Patna High Court has sought details from the Principal Secretary, Prohibition and Excise Department, regarding the action taken under the liquor prohibition law in Bihar. Justice Satyavrat Verma ordered, "Details of women who have been jailed so far and youth in the age group of 18-25 years should be furnished in the action taken under the Prohibition Act." The court has passed this order...

TET Not Mandatory For Teachers In Minority Institutions: Madras High Court Reiterates

The Madras High Court has reiterated that TET qualification cannot be made applicable to minority institutions. The bench of Justice V Parthiban further confirmed the legal position that the prescription of TET qualification in terms of the Right of Children to Free and Compulsory Education Act, 2009 was not applicable to minority institutions. In light of the decision of...

'No Legally Enforceable Right Infringed': Bombay High Court Dismisses Plea To Prohibit Newspapers From Publishing Pictures Of Gods & Goddesses

The Bombay High Court on Monday dismissed an Advocate's PIL seeking directions for a policy restricting publication of photographs of gods and goddesses in the newspapers as they ultimately land up in the garbage bin. A division bench led by Chief Justice Dipankar Datta observed that drafting such a policy would directly come within the domain of the executive. "Where is...