Delhi HC reads down Section 28(11) of Customs Act [Read Judgment]

The Delhi High Court has read down Section 28 (11) of the Customs Act holding that the Customs Department cannot seek to rely upon Section 28(11) of the Act as authorising the officers of the Customs, DRI, the DGCEI etc. to exercise powers in relation to non-levy, short-levy or erroneous refund for a period prior to 8th April 2011 if, in fact, there was no proper assigning of the functions...

Allahabad HC rejects challenge against grant of pension and other benefits to former MPs [Read Judgment]

The need for a former Member of Parliament to live a life of dignity after ceasing to be a member is not merely a matter of concern for Members of Parliament themselves but an issue which is vital to the functioning of democracy, the Court said.Allahabad High Court has dismissed a writ petition by Lok Prahri challenging the constitutional validity of the amendments made by Parliament to...

Govt sets up Inter-Ministerial body to study the possibility of reducing the Number of Tribunals

The Government has set up an Inter-Ministerial Group (IMG) to study the possibility of convergence/merger of Tribunals to reduce the number of Tribunals. IMG shall study a report in this regard prepared by Indian Law Institute and shall look into the comments received from various Ministries/Departments to give its suggestion on this issue.The purpose and motive to review/ reshape the...

Delhi HC stays the appointment of IPS officer SK Bhagat as the head of RPF [Read Order]

The Delhi High Court on Monday stayed the appointment of the Director General of the Railway Protection Force on a petition moved by the RPF Association against appointment of ‘outsiders’ into the Force by way of deputation.  The Central Government has been making appointments to higher posts in the RP Force by way of deputation of IPS officers instead of promoting eligible and...

Madras HC deprecates insistence by Trial courts on prosecution to file draft charges [Read Order]

Madras High Court, noticing the practice of filing of draft charges being insisted upon by the trial Courts, has observed that, Framing of Charges is essentially a judicial function and the Courts vetting it to Public Prosecutors and defense counsel is not authorised by law.Justice Dr. P.Devadass made this observation while dismissing a challenge against the Trial court dismissing a...

‘Life a Saga’: Documentary on the life of Justice V R Krishna Iyer released

English version of the documentary titled 'Life a Saga' on the life of Late Justice V R Krishna Iyer has been released today by Supreme Court Judge Justice Dipak Misra. In the function organised by Supreme Court Bar Association which was held in New SCBA Bar Room, Senior Advocate Mr. Ashok H. Desai also spoke.Part one of the documentary directed by Adv. K.V.Prakash is available in YouTube....

Centre mulls Amending Act to prescribe life imprisonment for Milk Adulteration

The Centre has told the Supreme Court that it has formed a high level committee to consider amendment of the Food Safety and Standards Act (FSSA), 2006 to make the offence of milk adulteration punishable by life imprisonment.The apex court has said the menace has become rampant especially in North Indian states.The submission, during the hearing of a PIL which has sought stringent...

Adopted son no less than a natural son to inherit his father’s properties, reiterates SC [Read Judgment]

Supreme Court, in Pawan Kumar Pathak vs. Mohan Prasad has reiterated that an adopted son is no less than a natural son, when it comes to claiming the right to inherit the properties of his father.Division Bench comprising of Justices A.K. Sikri and R.K. Agrawal made this observation in an appeal arising out of a suit filed by an adopted son claiming his right to inherit properties which...

Centre proposes Investigative Units for heinous Crimes against Women

In order to strengthen the investigative apparatus especially for the heinous crimes against women like rape, dowry death, acid attack and human trafficking, the Ministry of Home Affairs proposed to assist the States in setting up of Investigative Units on Crimes against Women (IUCAW) in 714 Police Districts with a 50:50 cost sharing basis with States/UTs. The objectives of IUCAW are to...

Supreme Court issues Guidelines on listing of Urgent Matters during Summer Vacation

Supreme Court of India has issued the following norms/Guidelines for listing of urgent matters during the ensuing vacation viz. from 16.5.2016 to 28.6.2016.Every matter to be moved before vacation Court should be accompanied by an affidavit, indicating all the material facts necessary for the formation of opinion about its urgency. The required material facts and particulars should...

Law student murdered in Kerala; Another Nirbhaya?

X [name withheld] , a Law student who lived in Perumbavoor, was found dead in her home last week. According to latest news reports, it appears that she was killed brutally and might have even been raped akin to the 2012 Delhi gang rape incident.X, who did her LL.B. Course in Government Law College, Ernakulam lived in Perumbavoor in Ernakulam District, with her mother, Rajeshwari. Although...

Karnataka HC asks state to constitute Medical Boards for Age determination of Juveniles in conflict with law; issues directives [Read Judgment]

Karnataka High Court has issued some important directives with regard to constitution of Medical Board to carry out age determination of Juveniles in conflict with Law. Justice K.N.Phaneendra has also asked the state to inform all the Doctors in the State that they shall not individually conduct any age determination examination of any Juvenile in conflict with law referred to them for...