Kerala Floods: Former AG Mukul Rohatgi Donates 50 Lakhs, Bombay Bar Association, Maharashtra Bar Council Appeal Lawyers To Contribute

Senior Advocate and former Attorney General for India Mukul Rohatgi has contributed Rs. 50 lakhs towards Chief Minister’s Distress Relief Fund Courtesy: M UnnikrishnanThe Bombay Bar Association (BBA) has donated Rs 2.5 lakhs from the Bombay Bar Association Trust for Kerala flood victims and asked members of the bar to contribute generously in this hour of need. All members can draw a cheque...

MCI Regulations Barring Candidates With Biology As Additional Subject From Taking NEET Arbitrary: Delhi HC [Read Judgment]

In a big relief to several MBBS aspirants, the Delhi High Court has directed grant of admission to candidates who had passed Class XII with biology/biotechnology as an additional subject and had qualified in the NEET exams.The direction was issued by a Bench comprising Justice S. Ravindra Bhat and Justice AK Chawla while ruling that the regulations barring candidates with biology/biotechnology...

If Claim For Dues Under Working Journalists Act Is Denied By Employer Newspaper, Labour Court Can Decide Not State: Bombay HC [Read Judgment]

The Bombay High Court has ruled that when employees of newspapers under the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955, claim recovery of dues from their employer and same is denied by the employer, then the state or its delegate must refer the matter to a Labour Court.Justice SC Gupte passed the judgment in a batch of...

12YO Girl’s Rape And Murder : Constitute Permanent SITs In All Districts Within 48 Hours For Dealing With “Sensitive Matters”: Uttarakhand HC [Read Order]

The Uttarakhand High Court on Tuesday took suo motu cognizance of the rape and murder of a twelve-year-old girl in Uttarkashi.The Bench comprising Acting Chief Justice Rajiv Sharma and Justice Manoj K. Tiwari also appointed Advocates Sanjay Bhatt and Lata Negi as the amicus curiae in the case.The Court took cognizance of two reports published in Times of India, titled “Uttarkashi rape:...

U’khand HC Issues Directions For Conserving ‘Nature’s Own Garden’—The Alpine Meadows In Garhwal [Read Order]

“Pavan paani dharati aakas ghar mandar har bani”, (Air, water, earth and sky are God’s home and temple), quoted the Uttarakhand High Court from Sikh’s religious scripture Guru Granth Sahib as it directed against free movement of tourists in the alpine meadows in Garhwal region of district Chamoli in Uttarakhand while ordering only local shepherds to graze their cattle there.A bench...

No Appointment Of Arbitrator If There Is Violation Of Conditionality Clause In Arbitration Agreement: SC [Read Judgment]

“Arbitration clause would enliven or invigorate only if the insurer admits or accepts its liability under or in respect of the concerned policy “ While setting aside a Madras High Court judgment appointing an arbitrator ignoring the conditionality clause in an arbitration agreement, the Supreme Court has observed that, even after the 2015 amendment insertion of sub-section 6A in Section...

Appointment Of Surveyor By Insurer Per Se Isn’t Waiver Of Condition Relating To Delay In Intimation, Holds SC [Read Judgment]

‘The dictum in Galada’s case (supra) is in the context of the facts of that case and does not lay down that on the appointment of a surveyor, per se, the insurer is estopped from raising a plea of violation of the condition warranting a repudiation of the claim. The factum of waiver has to be gathered from the totality of the obtaining circumstances.’In an important judgment in the realm...

Principle Of ‘Moulding Of Relief’ Can’t Be Invoked At Interlocutory Stage: SC [Read Judgment]

[Interim Mandatory Injunctions] can be granted only to restore the status quo and not to establish a new set of things differing from the state which existed at the date when the suit was instituted.The Supreme Court has observed that principle of moulding of relief could at best be resorted to at the time of consideration of final relief in the main suit and not at an interlocutory...

Publication Of Results Of ICAR Entrance Exam Held During Floods Stayed By High Court Of Kerala

The High Court of Kerala has stayed the publication of results of national level entrance exam of Indian Council of Agricultural Research for admission to doctoral degree programs and award of Junior/Senior Research Fellowships for the academic session 2018-19. The exams were held on August 18 and 19, when the state was reeling under unprecedented flood crisis.The stay order was passed by...

Can’t Detain Foreign Ship Berthed In Port Which Is Within Jurisdiction Of Another HC: Kerala HC Rejects Fishermen’s Plea [Read Judgment]

‘When a foreign vessel is berthed in a port which is within the jurisdiction of another High Court, it cannot be said that the vessel is within the territorial waters of this High Court.’The Kerala High Court has held that proceedings for detaining a ship for enforcement of a maritime claim would not be maintainable before the high court when the foreign vessel is berthed in a port which...

Now Revenue Bar Assn Moves Madras HC Against Constitution Of Appellate Tribunal Under GST Act

A fortnight after the Madras High Court held the constitution of appellate tribunal under the GST Act to be prima facie contrary to the decision of the Supreme Court according to which technical members on a tribunal shall never exceed the judicial member, the Revenue Bar Association has also challenged its constitution and that of the appellate tribunal under the Tamil Nadu Goods and...

Burning An Effigy Prima Facie Does Not Amount To Organising A Mock Funeral: Allahabad HC [Read Order]

The Allahabad High Court recently opined that burning the effigy of a living person prima facie does not amount to organising a mock funeral, which is an offence under Section 6 of the United Provinces Special Powers Act, 1932.Justice JJ Munir observed, “Prima facie burning an effigy of a living person even if caricatured is not a punishable offence under the Act, the purpose of which in...