Prohibition of Marijuana violates right to the free development of personality : Mexico Supreme Court endorses Marijuana legalization

A recent judgment by Supreme Court of Mexico, which held that prohibitions on using marijuana violated the “right to the free development of personality” has left the legal world bewildered, and has generated excitement among the legalization activists.  Legal world is bewildered because the ruling only covers the four unnamed plaintiffs in the case and Legalization activists are...

Allahabad High Court directs the State to frame policy on Funding of Un-aided Private Schools under RTE Act [Read Judgment]

In a significant decision, the Allahabad High court, in the matter of delay in Funding of private unaided schools, has directed the State Government to frame its policy regarding funding of unaided private schools falling under the Right to Education Act.The order was passed by a Single Judge Justice Manoj Kumar Gupta, on petition filed by the Gram Vikas Sewa Samiti.Hearing the petition,...

High Court has no jurisdiction to condone delay in filing appeal under Railway Claims Tribunal Act: Madhya Pradesh HC [Read Judgment]

The Madhya Pradesh High Court Single Bench Justice C.V. Sirpurkar while considering an application under Section 5 of the Limitation Act for condonation of delay of 319 days in filing appeal from the order of Railway Claims Tribunal held that Section 5 of the Limitation Act has no application to an appeal under sub-section (1) of Section 23 of the Railway Claims Tribunal Act, 1987 and the...

Whether court can look into legality of issuance of process under Section 82 CrPC in an Anticipatory bail application ? Jharkand HC refers it to Division bench [Read Judgment]

Jharkhand High Court has referred to Division bench, to answer a question whether in an anticipatory bail application preferred under section 438 Cr.P.C., the Court can look into the legality or otherwise of issuance of process under section 82 Cr.P.C.Reference was sought by the Single Bench of Jharkhand High Court in Kumar Anubhav Vs. State of Jharkhand wherein the petitioner has been made...

Law and Finance Minister of Kerala KM Mani resigns following Kerala HC's remarks against him

Following the critical observation made by the High Court of Kerala in Bar Scam case on him, the Finance and Law Minister of Kerala, K.M. Mani has finally tendered his resignation. His resignation was sought for, by the opposition parties in Kerala, since the allegation of him receiving bribe from Liquor Bar owners was made by one Biju Ramesh, almost a year ago.It was only yesterday, that...

Justice A.P. Shah joins as the Ethics Officer (Ombudsman) at BCCI

Justice A.P. Shah has been appointed as the ethics officer (ombudsman) at Board of Control for Cricket in India (BCCI). The former Chief Justice of Delhi High Court will take the chair as the sole decision maker on all conflict of interest issues plaguing Indian cricket.The Board’s 86th Annual General Meeting unleashed several historic decisions, being termed as a cleaning drive by...

Bombay HC refuses anticipatory bail to Goa based Journalist accused of Sexual Harassment: says persistent Sexual Harassment amounts to ‘Assault’ [Read Order]

The High Court of Bombay at Goa has refused Anticipatory Bail to a senior Journalist, based in the state, against whom complaints of Sexual harassment was made by three lady journalists who worked under him, holding that persistent act like the one complained of amounts to ‘assault’. Justice K. L. Wadane said “Looking to the dictionary meaning it reveals that such assault does...

Legal Services Day Celebrations: PM says Law students should research on Lok Adalats; Justice Thakur demands free broadcasting for legal awareness

The celebrations for the National Legal Services Day saw Prime Minister Narendra Modi emphasizing on the urgency for reducing the gap between the rich and poor litigants for a fair justice delivery. He said the notion of free legal aid finds its roots in the idea that no individual should have to undergo trial in the absence of a proper legal assistance.Referring to NALSA’s efforts...

After complaint of Gender Bias, SC promises more women Judges in Apex Court, High Courts [Read Suggestions]

Out of 29 Supreme Court judges, only one - Justice R Banumathi - is a woman. Since independence, only 6 women judges have been elevated to Supreme Court out of total 229 judges appointed from 1950.Its worse in High Courts across the country where there are a total of only 62 women judges compared to a total 611 male judges .In 24 state high courts, 9 of them did not have a single woman...

President of India should warn Jayalalithaa for violating Constitution in Kovan's Case; Justice Katju [Read the Letter]

Justice Markandey Katju today said that the President of India should send a warning to Jayalalithaa telling her that she is violating the Constitution, and hence she should release Kovan, who has been arrested for criticizing the Chief Minister Jayalalithaa about sale of liquor, etc, immediately and unconditionally and drop the trumped up charges against him, failing which her government...

"Tolerance" has to be ensured in India; Justice Thakur

"Tolerance" has to be ensured and the democratic system needs to be "stable" in India's endeavour to become the next superpower, Justice T S Thakur, who is taking over as the Chief Justice said. He was speaking at the launch of "The Power of Raisina Hill: The Constitutional Position, Functions and Powers of the President of India”, book by Dr Lokendra Malik. Notably, the book presents...

Delhi High Court upholds the vires of Section 14 of SARFAESI Act 2002 [Read Judgment]

A writ petition in Delhi High Court Challenged the provisions of section 14 of the SARFAESI Act as violative of Article 14, 21 and 300A of Constitution of India and liable to be declared unconstitutional.There were two basic contentions by the petitioner, the firstly regarding the Constitutionality of Section 14 and Secondly, whether CMM is obliged to issue notice to the petitioner...