Madras HC To Suo Motu Test Constitutional Validity Of Section 36B Of The Advocates Act [Read Order]

The Madras High Court has decided to suo moto consider the vires of Section 36B of the Advocates Act, 1961, inasmuch as it stipulates that in case a Disciplinary inquiry against an Advocate is not completed by the State Bar Council within stipulate time, the same shall stand transferred to the Bar Council of India. "In the opinion of this Court, the provision under Section 36B in...

Delhi Riots: Delhi HC Directs Police to Submit Compliance Report In Plea Seeking Rehabilitation of Victims, Next Hearing On April 30

Delhi High Court has directed Delhi Police to submit a report highlighting the actions taken by police in compliance of the court's previous order dated February 26. The Division Bench of Chief Justice DN Patel and Justice Hari Shankar has asked Delhi Police to submit the said report within 3 weeks. The present matter pertains to seeking court's directions to ensure safe passage of...

Meghalaya HC Makes Verification Of Affidavits Mandatory; Holds Advocate Can't File Affidavit Based On Personal Knowledge [Read Order]

The Meghalaya High Court has directed its Registry to ensure that affidavits filed by the parties during the course of proceedings are duly verified. The high court has also directed that parties' Advocates will not be allowed to file affidavits on the basis of their personal knowledge regarding the case. "The Registry is directed to henceforth insist on the affidavit by the...

Citizenship - Proof Beyond All Reasonable Doubt Not Needed In Foreigners Tribunal : Gauhati HC [Read Judgment]

Strict rules of evidence not applicable in Tribunal.

High Courts Weekly Round Up

Judgments/ Orders Allahabad High Court Offences Under SC/ST Act Is Made Out When Offence Is Perpetrated In Public [KP Thakur & Anr. v. State of UP & Anr.] The Allahabad High Court has held that for constituting an offence under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, the alleged offence should have been committed in "public...

NCLAT Sets Aside Insolvency Proceedings Against Flipkart

The NCLAT has set aside an order passed by NCLT Bengaluru bench, for initiation of Corporate Insolvency Resolution Process (CIRP) filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 (Code) against Flipkart.While allowing the appeal of the e - commerce giant, the court held that the choice of issuance of demand notice under Section 8(1) of Code does not provide for any discretion...

'As Long As You Protest By Lawful Means You Have Nothing To Fear': Justice (Rtd) Dharmadhikari

"So long as you protest by lawful means, you have nothing to fear. You can be critical of the government, it is not an offence. But your freedom of speech should not amount to incitement or hatred".

Documents To Prove Citizenship Not Admissible In Evidence Unless Proved By Testimony Of Issuing Authorities : Gauhati HC [Read Judgment]

The Guahati High Court has upheld a declaration that a woman was a foreigner on the ground that she failed to prove the certificates so produced to claim citizenship, by way of testimony of the issuing authority. The division bench comprising Justice Manojit Bhuyan and Justice Parthivjyoti Saikia was considering a writ petition filed by one Rabia Khatun, challenging the order passed...

Doctors Have No Right To Go On Strike/Boycott Under Any Circumstances, Holds Madras HC [Read Judgment]

"Patients cannot be a means to an end. They cannot be mere playthings whose lives can be put on the line to achieve other ends through the medium of strike."

Conduct Of Some Lawyers Diminishing Reputation Of Law Profession Among Public, Says Madras HC [Read Judgment]

"Owing to intrusion of black sheep into the noble profession of advocacy, the reputation of good lawyers in the society is at the verge of fall."

Grouping Of Students Into Sections On The Basis Of Marks Is Violation Of Their Fundamental Right: Punjab & Haryana HC [Read Judgment]

"If an action induces a sense of inferiority in a child, it is being denied the right to development and growth at par with a child who does not suffer from such feeling of inferiority. "

Madhya Pradesh HC Issues Directives/Suggestions To Curb 'Plastic Pollution' [Read Judgment]

"If you want to survive for years together, you are required to protect the environment."