Tenant’s application for renewal to conduct business cannot be rejected for want of consent of the landlord; SC [Read Judgment]

Valid tenancy itself has implied authority of the landlord for legitimate use of the premises by the tenant, the Court observed.The Supreme Court in Sudhakaran vs. Corporation of Kochi has held that the requirement of consent of landlord is applicable only when a person intends to obtain a licence for the first time and not for Renewal or subsequent application for obtaining licence on expiry...

The statement “inclusive of all taxes” does not mean the assessee admitted charging Sales tax: SC

A market retail price stating that it is inclusive of all taxes could be the starting point, but would not prove and establish that the sales-tax has been collected, the Bench said.The Supreme Court in Deputy Commissioner of Commercial Taxes (Vigilance) Versus M/s Hindustan Lever Limited, has observed that the statement on the packaged product ‘inclusive of all taxes’, means all taxes...

Plea in Kerala HC against Collegium system of Appointment of Judges [Read Petition]

The Appellant had approached the single bench,seeking an order of ad-interim injunction direction, to refrain from proceeding any further with the selection and appointments of judges to the august office of Supreme Court and Various High Courts by means of the “Collegium System” pending finalization of Memorandum of Procedure (MOP) as envisaged in the judgment of the NJAC case.In the...

Kerala HC admits petition seeking to declare contempt of court jurisdiction as unconstitutional [Read Petition]

The Division Bench of High Court of Kerala, comprising of Acting Chief Justice Thottathil B Radhakrishnan and Justice P.V Asha has admitted a writ petition seeking to declare the exercise of contempt of court jurisdiction as unconstitutional.The public interest litigation has been filed by Advocate Mathews J Nedumpara contending that contempt jurisdiction amounted to negation of powers of...

Senior lawyer Ravi Shankar Prasad is the New Law Minister of India

Ravi Shankar Prasad is the New Law Minister of India. In the cabinet reshuffle, Ravi Shankar Prasad replaced Sadananda Gowda who was occupying the post.Ravi Shankar Prasad who did his Law graduation from Patna University has been practising at the Patna High Court since 1980. He was designated senior advocate at the Patna High Court in 1999 and Senior Advocate at the Supreme Court of India...

Cabinet approves the High Courts (Alteration of Names) Bill, 2016 for enabling changing the names of High Courts of Bombay and Madras

The Union Cabinet chaired by the Prime Minister Shri Narendra Modi has given its approval to introduce ‘The High Courts (Alteration of Names) Bill, 2016’ in Parliament.The High Courts (Alteration of Names) Bill, 2016 will facilitate the changing of the names of ‘Bombay High Court as Mumbai High Court’ and ‘Madras High Court as Chennai High Court’ respectively.Background: The...

SC slams Microsoft, Google, Yahoo for hosting sex determination Advts violating PNDT Act [Read the Order]

Supreme Court today accused online search engines Microsoft, Google and Yahoo of violating the law of the country by hosting advertisements pertaining to pre-natal sex determination and directed Centre to remove them at the earliest with help from technical experts.A bench headed by Justice Dipak Misra was acting on a petition filed by Sabu Mathew George who is a member of the...

Mother can also be natural guardian of a minor; do not insist for custody order: Madras HC to Immigration Bureau [Read Order]

The Madras High Court, has asked the Bureau of Immigration to consider the application to register a minor child as “Overseas Citizen of India” and issue certificate without insisting upon custody order of guardianship in the hands of his mother from court of law, who had obtained divorce from his father.A. Aniswar, through his mother approached the High Court when the immigration...

First Commercial Dispute Resolution Centre and Commercial Court inaugurated in Raipur

India’s first Commercial Dispute Resolution Centre and Commercial Court has been inaugurated in Raipur. It also consists of arbitration centre and a mediation centre.“I am hopeful that this place will serve as a milestone for resolving law related problems and improving the law functionary in the state,” Chhattisgarh Chief Minister Dr. Raman Singh was quoted as saying at the...

High Courts Weekly Round-Up

Allahabad High CourtThe Allahabad High Court restrained a lawyer from entering the Courts taking note of his unethical practice of using the identity of other Advocate by using his name and enrolment number.Andhra Pradesh High CourtThe High Court of Andhra Pradesh reiterated that an application for grant of an arms licence shall not be refused on a vague ground such as absence of genuine...

Relative of Complainant wife does not become “relative of the Husband” to attract Section 498A IPC: AP High Court [Read Judgment]

The High Court of Andhra Pradesh has held that relatives of complainant wife does not become ‘Relative of the Husband’ to attract Section 498A IPC.Justice U. Durga Prasad Rao quashed criminal proceedings against sister in law of the complainant (her brother’s wife), observing that she being a relative of the complainant, cannot be said to be the relative of the husband of the...

Madras HC lawyers stage protest, burn copies of amended Rules

A group of around 35 lawyers of Madurai Bench High Court Advocates Association (MBHAA) and Madurai Bar Association (MBA) on Friday burnt copies of the amended rules at the Integrated Court Complex.The new sets of disciplinary rules for the Advocates enable the Court to debar lawyers who indulge in objectionable behavior. In a notification published on 20th May 2016, new Rules 14A, 14B, 14C...