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...

Jharkhand HC takes suo motu cognizance of custodial death of 16 year old boy [Read Order]

The High Court of Jharkhand on Wednesday took suo motu cognizance of custodial death of a 16 year old boy, Rupesh.The Court took into account over 30 Postcards received by the Chief Justice of the Court, as well as a news item published in “The Hindustan Times” in its Ranchi Edition dated 9th July,2016.The Bench, comprising Chief Justice Virender Singh and Justice S. Chandrashekhar...

Govt. has to be a Model and Ideal Litigant; ‘Delay’ not to be condoned merely because the applicant is the State: Bombay HC [Read Judgment]

The Government, being the largest litigant, has to be a model and ideal litigant, a division bench of the Bombay High Court comprising of Justices S.C. Dharmadhikari and Dr. Shalini Phansalkar Joshi has observed while refusing to condone the delay by the Government in preferring Appeals.  The Bench also observed that merely because applicant is a State, delay in filing appeals cannot be...

Madras HC dismisses challenge against revision of minimum wages in tailoring trade [Read Order]

Madras High Court has dismissed a batch of Writ petitions filed by Management/Employers challenging the revision of minimum wages fixed in respect of tailoring trade in export garments manufacturing industry, hosiery industry, etc.Division Bench comprising of Justices Huluvadi Ramesh and M.V.Muralidaran, by allowing the Writ appeal filed by state against Interim order of Single bench which...

Streamline and simplify the procedure for Adoption, Delhi HC [Read Order]

Delay in adoption means that the minor has to live with uncertainty and insecurity, the Court observed.In a recent judgment, the Delhi High Court has directed Central Adoption Resource Authority (CARA) to streamline and simplify the procedure for adoption under the Juvenile Justice (Care and Protection of Children) Act, 2015. Justice Manmohan has issued following suggestions: CARA should...