UP cabinet approves Amendments to retain official residences for EX-CMs after SC verdict

UP Government has accorded cabinet approval to key amendments in the Uttar Pradesh Ministers (Salaries, Allowances and Miscellaneous Provisions) Act, 1981, enabling former Chief Ministers to retain their official residence indefinitely. The Akhilesh Government’s latest move comes as a relief to those who were supposed to let go off their Bungalows as per Supreme Court’s order...

SC upholds Kerala HC ruling on distinction between “Loss to the Estate” and “Loss of Estate” [Read Judgment]

A subtle but fundamental distinction between “Loss of Estate” and “Loss to the Estate” was discussed in Omana P.K. and others v. Francis Edwin and others (2011 (4) KLT 952). This Judgment was challenged before the Apex Court, which has now dismissed the Appeal.The question raised in this case, was whether a certain sum which the dependants received as compensation for untimely death...

Essentiality of a term in Notice Inviting Tender to be decided by the Employer: SC [Read Judgment]

One of the possible reasons for this extremely low ranking given to our country is the failure of all parties concerned in strictly adhering to the terms of documents such as the NIT and the GTC, the Bench observed.The Supreme Court in Central Coalfields Limited & Anr vs. SLL – SML (Joint Venture Consortium) & Ors. has held that, decision taken by the employer about essentiality of...

Kerala HC admits Lawyer's challenge against denial of Senior Designation [Read Petition]

The High Court of Kerala, has admitted a writ Petition filed by Advocate Advocate P.B Sahasranaman challenging the decision  of High Court rejecting his application for senior designation.Though a plea on similar lines was raised by the petitioner before the Supreme Court earlier, the same was declined . The Court however relegated the petitioner to approach the High Court to ventilate...

Salient Features of Motor Vehicles Amendment Bill 2016

The Motor Vehicles(Amendment) Bill 2016, introduced in the Lok Sabha by the Union Minister of Road Transport and Highways, Sri. Nitin Gadkari, on 09.08.2016, seeks to bring about comprehensive changes in the present Motor Vehicles Act. The salient features of the Bill are as follows :-Limits on insurer’s liabilityThe proposed amendment seeks to put a cap on the liability to be borne...

Change of Counsel would not confer any right for the party to re-call witness for Cross Examination: Delhi HC [Read Order]

Delhi High Court has recently held that if cross examination of a witness is concluded by a counsel upto best of his capability, subsequent change of counsel by a party would not confer any right on him/her to recall the witness for further cross examination or to fill up the lacuna, if any, left.The Bench comprising Justices Pratibha Rani and Pradeep Nandrajog also held that the witnesses...

Bar Council of India temporarily revokes suspension of Lawyers. Directs resumption of Court work [Read Order]

The Logjam due to suspension of 126 Tamil Nadu Lawyers protesting against the amended rules to the Advocates Act, seems to be having an amicable resolution in the offing. The Bar Council of India has stayed its 23rd July Order till 22nd August and has directed the suspended lawyers to resume work. The almost 3-month long strike had paralysed several courts in the State of Tamil Nadu...

Madras HC rejects challenge against Classical Language Status to Telugu, Kannada, Malayalam and Odiya [Read Judgment]

The prominence of a language would not depend on the development or fall of other language, the Bench said.Madras High Court recently rejected a Lawyers plea challenging classical language status conferred to Telugu, Kannada, Malayalam and Odiya. The Court said that it does not find any reason to interfere with such declaration.R. Gandhi, a senior Lawyer in Madras High Court contended through...

Three Member Committee to deliberate on alleged misuse of public funds for Advertisement by Delhi Govt: Delhi HC [Read Judgment]

Giving momentum to the issue of alleged misuse of public funds in advertisements by the AAP Government, the Delhi High Court has directed the centre appointed 3-member committee to consider and duly report on the matter within a period of 6 weeks.Petitions were filed against Government of NCT of Delhi’s alleged diversion of public funds towards broadcast of self aggrandizing...

Seven non-arbitrable disputes

In Booz Allen & Hamilton Inc. vs. SBI Home Finance Ltd. & Ors. (2011) 5 SCC 532 the Supreme Court carved out six categories of cases which are not capable for being decided by private arbitration under the Arbitration Act even though parties agreed for their settlement through private arbitration.(i) disputes relating to rights and liabilities which give rise to or arise out of...

Delay in public disclosure of GM Mustard crop trial data unjustifiable: CIC [Read Order]

The Environment Ministry on its failure to reveal Bio Safety data on GM Mustard Trials, earned the ire of Central Information Commission. The CIC directed the authorities to make available all necessary details without any further delay. It upheld that such delays thwart public discourse on matters of urgent public importance amounting to violation of their fundamental right to freedom of...

Delhi HC stays NDMC initiative demolish community waste bins or Dhalaos [Read Petition]

The Delhi High Court has today stayed the New Delhi Municipal Council (NDMC) drive under the Smart Cities initiative to demolish community waste bins or Dhalaos. The case was argued by Mr. Prashant Bhushan on behalf of All India Kabadi Mazdoor Mahasangh (AIKMM), a Delhi based union of waste workers filed by advocate Shakti Vardhan and Amiy Shukla.It was contended on behalf of the petitioners...