News Updates
Caste Status Of Married Woman Is Determined By Birth And Not By Marriage: Uttarakhand High Court
The Uttarakhand High Court has clarified that caste status of a person is determined by birth and not by her marriage. A Single Judge Bench of Justice Manoj Kumar Tiwari further held that as long as there is no statute or rule that a married woman must obtain a fresh caste certificate upon her marriage, she cannot be denied the benefit of her caste as she was enjoying...
Don't Release Salaries Of Collector, Other Officials For Failure To Release Compensation To Persons For Land Acquired In 1961: Orissa High Court
The Orissa High Court has directed that the salaries of Collector Angul and two other senior officers of the district administration shall not be released till payment of compensation to the people whose land was acquired in 1961.The division bench of Justices Dr. Bidyut Ranjan Sarangi and Biraja Prasanna Satapathy passed the order on January 16 and further said that "only on payment...
Departmental Proceeding Against Employee Abates With His Death; No One Can Be Substituted In His Place: Patna High Court
The Patna High Court has reiterated that departmental proceedings against a delinquent employee abates with his death and therefore, no one can be substituted in his place to represent him to put forward a defence. While allowing the writ petition claiming family pension, the Single Judge Bench of Justice Harish Kumar observed, “It is settled proposition of law that judicial...
FIRs Shouldn’t Be Registered Against Law Students For Posing As Lawyers Before Courts, Counselling Preferable: Delhi High Court
Observing that FIRs should not be registered against law students for posing as lawyers before the courts, the Delhi High Court has said that they should be counselled instead."It is understandable that Presiding Officers take an objection where law interns tend to pose as lawyers, but on the other hand, these law interns, who are merely students, should be counselled, properly informed...
Commercial Courts Act | Pre-Institution Mediation Is A Pre-Suit Legal Drill, Cannot Be Post Suit Exercise: Madras High Court
While rejecting a plaint by Aachi Spices and Foods seeking an injunction restraining Karaikudi Achi Mess from using a trademark name or similar sounding expression in any media, websites and other platforms, the Madras High Court has highlighted that “pre-institution mediation” mandated under Section 12A of the Commercial Courts Act is a pre-suit legal drill and it cannot be ordered as...
Kerala High Court Directs State To Revise Minimum Wages Of Nurses In Private Sector
The Kerala High Court has directed the State government to revise the minimum wage of nurses working in the private sector in the State. The Single Judge Bench of Justice Amit Rawal has directed that the said exercise ought to be undertaken within a period of 3 months. The Court has added that the said decision has to be taken after hearing the submissions of the hospital Management and...
'Yoko' and 'Yokoso' May Have Different Meanings in Japanese, Doesn't Make Marks Dissimilar: Bombay High Court Grants Relief To Yoko Sizzlers
The Bombay High Court has restrained a Pune-based restaurant from using the mark 'Yokoso Sizzlers', observing that prima facie it is deceptively similar to the registered trademark 'Yoko Sizzlers'. Justice Manish Pitale granted interim relief to Yoko Sizzlers in an intellectual property rights suit filed by it against Yokoso Sizzlers."Merely because Yoko and Yokoso have different meanings...
Senior Citizens Act | Maintenance Tribunal Has Power To Order Eviction Of Children From House Of Parents: Chhattisgarh High Court
The Chhattisgarh High Court has held that Maintenance Tribunal possesses power under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (‘the Act’) to order eviction of children from the houses of their parents. While rejecting arguments advanced to the contrary, the Single Judge Bench of Justice Deepak Kumar Tiwari said, “…this Court does not find any...
Delhi High Court Notifies Rules For Live Streaming Of Proceedings, Prohibits Unauthorised Sharing Or Recording By Public, Media
The Delhi High Court has notified 'Streaming and Recording of Court Proceedings Rules of the High Court of Delhi, 2022' for “imbuing greater transparency, inclusivity and foster access to justice.”The Rules were notified in the official gazette on January 13. They have been introduced to set up infrastructure and framework to enable live streaming and recording of proceedings.Live...
Three Additional Judges Of Kerala High Court Made Permanent
The Central Government has issued a notification appointing Justices Abdul Rahim Musaliar Badharudeen, Viju Abraham, and Mohammed Nias Chovvakkaran Puthiyapurayil, as permanent Judges of the Kerala High Court. Justice A. Badharudeen, Justice Viju Abraham, and Justice Mohammed Nias were additional judges earlier. The Supreme Court collegium on December 9, 2022, had approved the proposal for...
S.9(2) JJ Act | Court Must Undertake Inquiry Before Rendering Decision On Plea Of Juvenility Of Accused: Orissa High Court
The Orissa High Court has clarified that when a plea of juvenility is made before a Court, other than a Juvenile Justice Board, it must undertake an inquiry and take evidence, if any as per the mandate of Section 9(2) of the Juvenile Justice Act, before rendering any decision on the application. While setting aside an order for non-compliance of the above provision, the...
Judges Don’t Have To Face Elections Or Public Scrutiny But People Are Watching Them: Law Minister Kiren Rijiju
Law Minister Kiren Rijiju on Monday said that judges do not have to face elections or public scrutiny after their appointment but they are being watched by the people as nothing is hidden in the age of social media.Judges are appointed once, they don't face elections. Judges can't even be scrutinised by public. Public can't change judges but it is looking at them, their judgments and their way...