No Compassionate Appointment to children born out of bigamous marriage: Madras HC [Read Judgment]

Madras High Court has held that compassionate appointment cannot be granted to the legal heirs of the deceased through the second wife. Justice Pushpa Sathyanarayana, dismissing the challenge against denial of compassionate appointment on the ground that he is son of a deceased Government employee (Sub Inspector of Police) through his second wife, held that there is no bar for the Government...

No scientific data to prove that installation of Mobile Towers hazardous to the health of citizens; Delhi HC [Read Judgment]

Delhi High Court has recently held that there is no scientific data available to show that installation of mobile phone towers and the emission of the waves by the said towers is in any way harmful for the health or hazardous to the health of citizens.The Court was hearing a Public Interest litigation seeking a writ of mandamus directing the respondents to remove the mobile towers installed...

Name of Biological Father cannot be replaced with name of Step Father in Birth Records; Punjab & Haryana HC [Read Judgment]

Recently Punjab and Haryana High Court has examined the question whether name of a step-father, on the asking of his step-son, can be entered in the Birth Certificate, replacing the name of the biological father, in terms of Section 15 of the Registration of Births and Deaths Act, 1969?The word "biological father" is defined in the Black's Law Dictionary as "the man whose sperm impregnated...

The maximum duration of time to complete the LLB Course cannot be extended in the absence of any provision for mercy/special chance; Punjab & Haryana HC [Read Judgment]

Degree of Bachelor of Laws (Non-Professional) can only be granted if the candidate does not continue his/her studies in the 5th semesters, said the Court,Punjab and Haryana High Court has held the maximum duration of time to complete the LL.B. Three Years Degree cannot be extended in the absence of any provision for mercy/special chance. The Court also held that Degree of Bachelor of...

CLAT 2016: Exam Analysis

The Common Law Admission Test- 2016 was conducted by RGNUL, Patiala on 8th of May from 3 PM- 5 PM. As per the students CLAT 2016 was quite easy, perhaps easiest of all the previous CLAT papers. RGNUL ensured that the registration process was smooth and hassle free and included specific time period for representation relating to the answer key. This has been done for the first time. The enforcement of the BCI notification by the Courts has ensured that, there was no age limit this year as...

High Courts Weekly Round-Up

Allahabad High courtAllahabad High Court dismissed a writ petition by Lok Prahri challenging the constitutional validity of the amendments made by Parliament to the Salary, Allowances and Pension of Members of Parliament Act, 1954 and also of the provisions by which Parliament has legislated to provide for pension and for the grant of facilities to former members of Parliament.Bombay...

Admission and acceptance of bribe is ‘sine qua non’ for constituting offence under the Prevention of Corruption Act; Gujarat HC [Read Judgment]

Mere acceptance of any amount alone by way of illegal gratification or recovery thereof dehors the proof of demand, ipso facto, reiterated, would not be sufficient to bring home the charge, said the Court.In a recent Case, Gujarat High Court has held that admission and acceptance of bribe is sine qua non for constituting offence under the Prevention of Corruption Act.The Court was hearing...

The expression "suit or other proceedings" in Section 446(1) of Companies Act does not include Case U/S 138 NI Act; Bombay HC [Read Judgment]

A Division Bench of Bombay High Court has held that the expression "suit or other proceedings" in Section 446(1) under chapter II of Part VII of Companies Act, 1956, does not include criminal complaints filed under Section 138 of the Negotiable Instruments Act, 1881The Bench comprising of Justices Dr.Shalini Phansalkar Joshi and Dharmadhikari was answering a reference from a Single Judge...

An erroneous decision on a pure ‘question of law’ does not operate as ‘res judicata’ or 'Estoppel' for the Court to decide the question correctly in a subsequent lis between same parties; SC

A two Judge Bench of the Supreme Court held that previous proceedings would operate as res judicata only in respect of issues of facts and not on issues of pure questions of law when the subsequent suit or proceeding is based upon a different cause of action and in respect of different property though between the same parties.The Bench comprising of Justices Dipak Misra and Shiva Kirti Singh...

Supreme Court awards lifer to Wife Murderer [Read Judgment]

Reversing the High Court order acquitting a man accused of murdering his wife by administering poison, the Supreme Court has restored the judgement of the trial court wherein and sentenced the accused to life imprisonment.The Wife, a dental surgeon by profession had died in the year 2000 after 2 years of her marriage with the accused. The prosecution case was that the accused was of the habit...

Beef Ban: Bombay HC declares Sections 5D and 9B of Maharashtra Animal Preservation Act as unconstitutional [Read Judgment]

Consumption of food which is not injurious to health is a part of an individual’s autonomy or his right to be let alone. Hence, it is an infringement of his right to privacy. In our view, Section 5D violates the right of privacy being an integral part of the personal liberty under Article 21, said the CourtA Division Bench of Bombay High Court on Friday struck down two amendments to...

No proposal as of now to regulate fee charged by Advocates, says Union Law Minister in LokSabha

Laying rest to all speculations, the Union Law minister has informed the Parliament that Central Government, as of now, is not proposing to regulate the fee charged by advocates.The Law Minister D V Sadananda Gowda was replying to the question by a member of the house that whether the government is aware that a large number of advocates are charging high fees from their clients, including...