Subramanian Swamy Introduces Bill Seeking Death Penalty For Cow Slaughter [Read Bill]

“A law be enacted to ban the slaughter of all cows (Bos Indicus) as wished by Mahatma Gandhi as an imperative for free Independent India and to recommend punishment, including death penalty, as a necessary deterrent for the prevention of criminal offence of cow slaughter,” the Bill reads.While many jurists and legal experts across the world are calling for abolition of death penalty even...

No Prosecution Against Italian Man If He Brings Back Adopted Daughter: Bombay HC

The Bombay High Court has  the Italian man [X], who in breach of the Court’s injunction order had run away with his seven-year-old adopted daughter, would not be prosecuted if he brings her back.In 2010, the Italian man and his wife[Y] had obtained joint guardianship of the girl by an adoption centre in Pune.Following their split, X was granted sole custody of their daughter through an...

Mental Health Bill That Decriminalise Suicide Attempt By Persons Affected By Stress Passed By Parliament

The Mental Healthcare Bill, 2016 is passed by the Parliament on Monday. The Bill repeals the existing Mental Health Act, 1987, which is vastly different in letter and spirit. The Act of 1987 had been widely criticised for proving to be inadequate to protect the rights of mentally ill persons. The bill seeks to decriminalise suicide attempt by persons suffering from severe stress and provides...

Appoint Gujarat HC Judges To SC and As CJs Of Other HCs, Expedite Appointments In HC: HC Advocates Association [Read Letter]

In a letter addressed to the Chief Justice of India J.S. Khehar, the Gujarat High Court Advocates’ Association has requested that appointments to the High Court be expedited, and that Gujarat HC Judges be considered for appointment to the SC and as Chief Justices of other High Courts.“The whole intention of the majority judgment to which your lordship is party in declaring NJAC...

Delhi HC Designates 12 Lawyers As Senior Advocates

Delhi High Court on Monday has designated the following lawyers as Senior Advocates.  Neeraj Malhotra C. M. Lall Arvind Nayar I. S. Alagh Prashanto Sen Rajiv Bansal Sandeep Aggarwal Puneet Mittal Sonia Mathur Akhil Sibal Darpan Wadhwa Jayant...

Sikkim HC Upholds Constitutionality Of Service Tax Levy On Activities Related To Sale Of Lottery Tickets [Read Judgment]

The Sikkim High Court has upheld the constitutionality of amendments brought through the Finance Act, 2016, which made service tax leviable on a person engaged in promotion, marketing, organising, selling of lottery or facilitating in organising lottery of any kind, in any other manner.A division bench headed by Chief Justice Satish K Agnihotri observed that the Union Parliament is conferred...

PIL In Hyderabad HC For Appointment Of Chief Justice And Other Judges

The High Court of Hyderabad has ordered its Registry to list a PIL which seeks appointment of a permanent Chief Justice and other Judges to the Court.An objection against listing the matter was raised by the Registry. The same was, however, overruled by a Division Bench headed by Acting Chief Justice Ramesh Ranganathan. The Petition lists as Respondents, the Secretary to Ministry of Law...

Delhi HC Quashes False Rape Case [Read Judgment]

The Delhi High Court, on Friday, quashed rape charges against an accused, noting that he could not have raped the prosecutrix on a false promise of marriage as she was already married.“When respondent No.2 could not have lawfully married the petitioner on 3rd April, 2016 her allegations that the petitioner played fraud on her in receiving her consent for marriage are unfounded. Thus,...

High Courts Weekly Round-Up

Bombay High CourtThe Bombay High Court held that an arbitral tribunal does not have the power to appoint the court receiver of the high court as a receiver under Section 17 of the Arbitration and Conciliation (Amended) Act.On Tuesday, the High Court directed all government-run hospitals to take action against doctors on strike ‘as per law’, apart from ‘initiating contempt...

CIL, Subsidiaries Fined Rs. 591 Cr For Indulging In Unfair Practices [Read Order]

The Competition Commission of India (CCI) has imposed a penalty of Rs. 591.1 crore on CIL (Coal India Ltd) and its subsidiaries.Power utilities Maharashtra State Power Generation Company Ltd. (MahaGenco) and the Gujarat State Electricity Corporation Limited (GSECL) had filed a batch of informations, and the CCI vide order dated 9.12.2013, found CIL and its subsidiaries operating independently...

Bombay HC Refuses To Stay Phillauri's Release, Imposes Rs. 5-Lakh Cost On Litigants For Frivolous Litigation [Read Judgment]

Once again, the Bombay High Court has imposed costs on a litigant for indulging in frivolous litigation.This time, Justice GS Patel imposed Rs.5 lakh as cost on plaintiffs who claimed copyright infringement on part of makers of the Bollywood movie Phillauri.According to the plaintiffs, copyright was infringed as Phillauri has certain similarities with their Gujarati, Bhojpuri and Nepali...

Can Victim In A Complaint Case Appeal Under Section 372 CrPC Proviso; Calcutta HC Refers The Question To Larger Bench [Read Judgment]

Access to justice in the form of appeal is a fundamental right of every ‘victim’ of crime and cannot be restricted only to victims in police cases, the Court opined.The Calcutta High Court has referred to the larger bench the question whether a victim in a complaint case can avail of the right to appeal under proviso to Section 372 CrPC.Justice Joymalya Bagchi was of the opinion that...