Five Bills passed during first week of Monsoon session; Govt. lines up four more Bills

Following the productive first week of the current Monsoon session of Parliament during when five of the 16 Bills proposed by the Government were passed, four more Bills have been proposed by the Government for consideration and passing. These include the Benami Transactions (Prevention) Amendment Bill, 2015 and the Citizenship (Amendment) Bill, 2016 in Lok Sabha and the Prevention of...

CIC endorses NCPCR mechanism to address complaints of corporal punishment in schools [Read Order]

The Central Information on Friday endorsed the guidelines laid down by National Commission for Protection of Child Rights (NCPCR), for Eliminating Corporal Punishment in Schools.CIC Prof. Sridhar Acharyulu directed the School Boards to issue guidelines to the schools affiliated to them, stipulating that ‘corporal punishment-free environment’ would be one of the conditions for...

Applicability of CPC to a Writ petition under Article 227 of the Constitution of India: Patna HC refers issue to DB [Read Judgment]

However, the issue under controversy is not whether its (CPC)application should be waived, rather whether it applies or not, the Court said.Single Bench of the Patna High Court has referred to Division Bench, the question whether procedure prescribed in Code of Civil Procedure would apply to the petition under Article 227 of the Constitution of India, whenever matter is against the order...

There is no official estimation of the amount of black money stashed away abroad: Finance Minister

There is no official estimation of the amount of black money stashed away abroad. Various non-governmental organizations and economists in the past have indicated certain estimations of illicit financial flows out of the country. Such estimations appear to be based upon different sets of facts, assumptions, presumptions, etc. leading to widely varying inferences, which lacked unanimity...

Kerala Lawyers abstain from Court Proceedings for the second day

The lawyers across Kerala abstained from today’s court proceedings in a show of solidarity to Thiruvananthapuram Bar Association, in wake of alleged attacks against lawyers. Decision to abstain was taken unanimously taken in an Extra Ordinary General body meeting convened yesterday at 5 pm in Association hall.Today in the morning session, Justices Jayasankar Nambiar, P B Suresh Kumar,...

MCA notifies National Company Law Tribunal and Appellate Tribunal Rules [Read rules]

The Ministry of Corporate Affairs on Thursday notified the National Company Law Tribunal Rules, 2016 and the National Company Law Appellate Tribunal Rules, 2016.The constitution of NCLT was notified by the Ministry on June 1. With the constitution of the NCLT, the Company Law Board constituted under the Companies Act, 1956 stood dissolved.There would be 11 benches of the NCLT, two at New...

Decree cannot be corrected under Section 152 CPC when the mistake is on the part of litigants: Orissa HC [Read Judgment]

This Judgment (Netrananda Dalai vs. Ratnabati Nayak (dead))by Orissa High Court would make the lawyers and litigants realize the necessity of intense proof reading of the Plaint and other documents before it becomes part of Court record.  The Orissa High Court through Justice Dr. A. K. Rath has held that a decree cannot be corrected by the Court under Section 152 of the Code of Civil...

Indiscriminate prosecution of medical professional for medical negligence counterproductive: Calcutta HC [Read Judgment]

The Courts should not encourage indiscriminate prosecution of medical professional of medical negligence as it is counterproductive, the Calcutta High Court has observed while refusing to interfere with Trial court order stopping criminal proceedings against Doctors.The complainant had approached the Trial Court alleging that his brother died due to medical negligence of doctors and nurse of...

Publish cases of professional misconduct by Advocates, CIC directs Bar Council of Delhi [Read Order]

The people or clients have a right to know about the conduct of their counsel, whom they are paying fees with an expectation for justice, the Commission observed.The Central Information Commission has directed Bar Council of Delhi to report/publish the cases of professional misconduct, both proved and not proved, at regular intervals or as and when the decision was taken, in compliance of...

Law levying life time tax on vehicles registered outside State Unconstitutional; Karnataka HC DB [Read Judgment]

A vehicle which is registered outside the State of Karnataka and plying on the State roads for a period from 31 days up to 12 months cannot be subjected to tax under the Act, the Court observed.The Division Bench of Karnataka High Court has upheld a Single Bench judgment which had quashed the Karnataka Motor Vehicles Taxation [Amendment] Act, 2014, which sought to levy lifetime tax on...

Advocate legally and morally obligated to give “No Objection” if his clients wish to engage a new Advocate of their choice: Manipur HC [Read Judgment]

It would be a professional requirement consistent with the dignity of the profession that he would return the brief to the client and it is time to hold that such obligation is not only a legal duty but a moral imperative, the Court said.Manipur High Court has held that it is not only a legal duty but also a moral imperative of an Advocate to return the brief to the client if they wish to...

Retired employees of Aided schools entitled to encashment of earned leaves: Punjab & Haryana HC [Read Judgment]

The Punjab and Haryana High Court has held that the employees of the Government Aided Schools of Union Territory, Chandigarh, on their retirement are entitled to encashment of earned leaves. Justice Kuldip Singh held that the leave encashment is a part of the salary and is paid in lieu of the earned leave, not availed by the employee during service.Allowing the writ petition filed by...