If Divorce Decree Goes Unchallenged, The Second Marriage Is Legal: Patna HC [Read Judgment]

The Patna High Court in Rajesh Kumar vs. Pushpa Rani, considered the sustainability of a decree for judicial separation. The Bench comprising Chief Justice Iqbal Ahmed Ansari and Justice Nilu Agrawal dealt with the effect on a person, who having received a decree of judicial separation and later a divorce decree, proceeds to remarry and father children.In this case, the petitioner husband...

High Courts Weekly Round-Up

Allahabad High CourtThe Allahabad High Court commuted the death sentence awarded by a trial court for a man accused of raping and murdering a 4-year-old girl, to life imprisonment.Bombay High CourtBombay High Court  recently dismissed a petition filed by five Police Officers challenging the order of Maharashtra Police Chief, rejecting their application for grant of permission to form...

Bombay HC rejects Plea To Form Police Association [Read Judgment]

Bombay High Court has recently dismissed a petition filed by five Police Officers challenging the order of Maharashtra Police Chief, rejecting their application for grant of permission to form an association of police personnel for the rank of Assistant Superintendent of Police and below.The Petitioners have challenged the order mainly on the ground that it violates the freedom guaranteed...

Senior Advocate Gaurav Pachnanda Joins UK Fountain Court Chambers As Overseas Associate

Senior Advocate Gaurav Pachnanda has accepted door tenancy at the UK’s Fountain Court Chambers, effective September 1, 2016.Pachnanda is the fourth Senior Advocate from India to join a set of Barristers’ Chambers in London.Harish Salve joined Blackstone Chambers in July, 2014, while Gopal Subramanium joined 3 Verulam Building in November 2013, and Gourab Banerji joined Essex Court Chambers...

JPC Seeks Suggestions On Citizenship (Amendment) Bill

The Citizenship (Amendment) Bill, 2016, introduced in the Lok Sabha, has been referred to a joint parliamentary committee (JPC) under the chairmanship of Satyapal Singh (Baghpat), MP, for presenting a report to the Parliament after careful examination.It was decided that views and suggestions would be sought on the Bill from individuals and associations/bodies concerned. The Bill has...

Declare Hindi As National Language: PIL In Delhi HC [Read Petition]

A petition has been filed before the High Court of Delhi demanding declaration of Hindi as the national language.The petition, filed by advocate and Delhi BJP spokesperson Ashwini Kumar Upadhyay, demanded that Hindi be taught as a compulsory subject for all children aged 6-14 years, in spirit of Articles 343, 344, 351, read with Article 21A and Preamble of the Constitution.While Article 343...

Determination Of Compensation Under Different Heads Crucial While Computing Award For Motor Accidents: SC [Read Judgment]

The Supreme Court in Sandhya Rani Debbarma & Ors. Vs. The National Insurance Company Ltd. & Anr, has observed that determining the compensation under different heads such as loss of estate, funeral expenses, loss of consortium etc. is crucial while computing award of compensation due to dependants of the deceased in motor accidents.In the instant case, the husband of the appellant...

Draft Bill To Give More Teeth To Ports Ready [Read The Bill]

With a view to promote port infrastructure and facilitate trade and commerce, the Ministry of Shipping has prepared a draft Bill titled Major Port Authorities Act, 2016, to replace the Major Port Trusts Act, 1963.The proposed Bill will give more autonomy and flexibility to major ports along with a more professional approach to its governance.The draft Bill has been modified and uploaded on...

Mere Personality Mismatch In Couple And Friction Arising Therein Can’t Be ‘Cruelty’: Delhi HC [Read Judgment]

An allegation of a person being of unsound mind is a serious allegation having far reaching consequences not only on the mind of the person alleged to be of unsound mind, it said.The Delhi High Court in Ashok Kumar vs. Mona, said what was not considered mental cruelty a few decades back might be construed as cruelty today. While making the observation, the Bench comprising Justice...

In Open Letter, NALSAR Student Alleges Sexual Assault On Campus

An open letter written by an undergraduate student at Nalsar University of Law, Hyderabad, surfaced on Wednesday. The letter, shared on the Nalsar community Facebook page, is a personal account of sexual assault by an unnamed best friend on campus, revealing the distrust and the emotional turbulence that follows.The Nalsar Hyderabad Student Bar Council (SBC) has since issued an official statement, condemning any act of sexual harassment. It highlighted the importance of allowing the aggrieved to...

Delhi HC Directs VAT Commissioner To Look Into Tax-Refund Issue [Read Judgment]

The Delhi High Court has directed VAT Commissioner, New Delhi, to look into the issue of withholding refund to registered dealers and take necessary steps for rectification of the lapses.This order by First Bench comprising Chief Justice G. Rohini and Justice Jayant Nath is on a writ petition preferred by Taxation Bar Association, a registered association of tax legal practitioners....

Criminal Case Pendency Can’t Be Sole Basis to Suspend Disciplinary Proceedings: SC [Read Judgment]

For, the disciplinary proceedings instituted against the respondent cannot brook any further delay which is already pending for more than 10 years, the Bench observed.The Supreme Court in State Bank of India & Ors. Vs. Neelam Nag, has held that pendency of a criminal case against an employee cannot be the sole basis to suspend the disciplinary proceedings initiated against him/her for...