Negotiable Instrument (Amendment) Act 2015 comes in to force with retrospective effect [Read the Text]

The Negotiable Instruments (Amendment) Act 2015 came in to force with retrospective effect. According to the notification published in the official Gazette dated 26.12.2015 the Amendment shall be deemed to have come into force on the 15th day of June, 2015. Rajya Sabha passed the Negotiable Instrument (Amendment) Bill 2015 on 7th December 2015 . Lok Sabha had passed the Bill in August...

Mere Harassment alone, would not amount to Abetment to Commit Suicide; Bombay HC [Read Judgment]

Even assuming for the sake of argument that there was harassment by the Applicant and other officers, it cannot be said to be a positive act on their part that the deceased should commit suicide, the Bench said.Bombay High Court has held Kishor Dattatraya Shinde vs. State of Maharashtra, held that mere harassment alone, would not amount to abetting a person to commit suicide. Division...

LIC cannot nullify provisions of Insurance Act by issuing Circulars: SC upholds Bombay HC judgment which held that insurance policies are assignable [Read Judgment]

In our considered opinion it is not open to the Appellants (LIC) to charter a course which is different to the postulation in the Insurance Act, by means of its own Circulars, the Court said.The Apex Court in LIC of India vs. Insure Policy plus Services Pvt. Ltd has upheld the Bombay High Court ruling that the insurance policies issued by LIC are transferable and assignable in accordance with...

SARFAESI Act is a Complete Code and there is no Lacuna or Ambiguity to warrant reading something more into it; SC [Read Judgment]

There is no plausible reason as to take recourse to any provisions of the Companies Act and permit interference in the proceedings under the SARFAESI Act either by the Company Judge or the liquidator, the Court said.The Supreme Court, has held that the Company Judge cannot interfere in a proceedings by a secured creditor to realize its secured interests as per provisions of the SARFAESI Act....

Govt. Servants cannot claim 'leave' as a matter of Right; Madras HC [Read Judgment]

The Madras High Court Division Bench comprising of Justices V. Ramasubramanian and N. Kirubakaran held that Government servants cannot avail different kinds of leave as a matter of right and then approach the court to convert one type of leave into another just because they face recovery proceedings.These significant observations were made while dismissing a Writ Appeal filed by M. Ayyappan...

Delhi HC admits petition of 87 year-old man thrown out of his house by his children

The Delhi High Court admitted a Writ Petition filed by an 87 year-old person thrown out of his home by his children and forced to stay on streets or Gurudwaras. The vacation bench will hear the petition on 30th of December.The petitioner Shri Jaswant Singh a resident of West Patel Nagar, New Delhi pleaded that he dedicated and sacrificed its entire life for the uplifting and welfare of his...

Gujarat HC allows a rape survivor to abort her 8 week old foetus [Read Order]

Gujarat High Court today (28.12.2015) has allowed a rape victim to abort her 8 week old foetus. Justice K.J Thaker has allowed Special application moved by father of the victim who is a minor and said that the abortion can be carried out after collecting / securing evidences necessary for the prosecution to prove its case including DNA samples etc.The father of the victim, who approached...

Allahabad HC quashes 53 appointments of Assistants made by Aligarh University; directs fresh selection [Read Judgment]

The Allahabad High Court quashed 53 appointments of Administration Assistants (Upper Division Clerks) of Aligarh Muslim University (AMU), giving a massive blow to the selection committee. The petition was filed by one Vinod Kumar and others challenging the decision of the selection committee. They alleged that the appointments had not been made as per rules and that the selection process,...

Gujarat HC waives off 6 months cool off period in granting Mutual Divorce [Read Judgment]

Relevant circumstances namely the fact that the parties are residing separately more than 7 years, execution of divorce deed to obtain customary divorce, reason of urgency expressed on behalf of one of the spouses namely the wife, are not considered by the trial Court, the Court said while setting aside the order.In a rare order, the Gujarat High Court has waived off 6 months...

Union Govt. assures High Court on Separation of Investigation from Law and Order

The Union government has assured the Delhi High Court of its prompt action to separate criminal investigation from the maintenance of law and order.While doing so it has informed the Court that it had sanctioned as many as 4,227 posts in Delhi Police for the purpose.Additional Solicitor General Sanjay Jain told the Court that these posts will be operational in two phases, half would be filled...

A public Servant cannot enter into compromise with accused even if the assault is against him : Punjab and Haryana HC [Read Judgment]

After Public servant lodges an FIR regarding the assault raised upon him while he was performing his official duty, he loses the locus standi to enter into compromise with the accused, the Court said.Punjab and Haryana High Court in Amrik Singh vs. State of Punjab has held that no compromise can be entered between accused and officials of a State. Justice Rajan Gupta, dismissing a petition...

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