SC seeks Centre’s response on challenge to introduction of genetically modified mustard [Read Contempt Petition]

The Supreme Court on Monday demanded the Centre’s reply to a contempt petition filed against the Genetic Engineering Appraisal Committee (GEAC) for allegedly allowing field trials of genetically modified (GM) crops in violation of the court’s earlier orders.The Petitioner, Ms. Aruna Rodrigues has sought initiation of contempt proceedings against Mr. Hem Pande, Chairperson of...

Supreme Court holds a gift executed four decades ago valid [Read Judgment]

Requirement of possession is also met when right to collect rent has been assigned to the plaintiff under the gift deed itself, genuineness of which stands proved, the Court said.Supreme Court on Monday,  has held a gift which was executed 4 decades ago valid setting aside the concurrent findings of High Court and the Trial Court. Apex Court bench comprising of Justices Anil R. Dave and...

Supreme Court asks Centre to look into grievances of Nurses working in private hospitals

We feel that the nurses who are working in private hospitals and nursing homes are not being treated fairly in the matter of their service conditions and pay, the Court said.Supreme Court, last Friday, said that it feels that the nurses who are working in private hospitals and nursing homes are not being treated fairly in the matter of their service conditions and pay. Three Judge...

Women who obtain baby through surrogacy entitled to maternity leave: Bombay HC [Read Order]

In a welcome move, Bombay High Court recently directed maternity leave to be granted to a woman who had attained motherhood through surrogacy.The Bench, comprising Justice Anoop V. Mohta and Justice G.S. Kulkarni observed, “Having considered even Rule 551 (C) and (E) of Child Adoption Leave and Rules, we find that a case is made out for grant of interim relief in terms of prayer...

The Rights of Transgender Persons Bill Draft released by Ministry of Social Justice [Read the Bill]

A draft of Transgender’s Right Bill to provide for the formulation and implementation of a comprehensive national policy for ensuring overall development of the Transgender Persons and for their welfare to be undertaken by the State is ready and released by ministry through its Website recently.Transgender and Transgender IdentityThe Bill defines Transgender as a “a person, whose gender...

Supreme Court indicts non-cooperation of State Governments in drought relief [Read Petition]

According to several reports in the media, the Supreme Court bench comprising justices Madan B Lokur and RK Agrawal disapproved strongly of the non-implementation of Food Security Act by certain States including Gujarat.“Is Gujarat not part of India? Is it not bound to implement an Act passed by Parliament?”, Justice Lokur reportedly asked the Solicitor-General, Ranjit Kumar in Court No...

SC recalls Notice issued to Arunachal Governor [Read Order]

Supreme court today recalled a notice to Arunachal Pradesh Governor Jyoti Prasad Rajkhowa seeking his report to the President recommending central rule.It also rejected the Centre's opposition to giving  documents seized from the deposed chief minister and his cabinet colleagues.A five-judge Constitutional bench headed by Justice J S Khehar said that “issuing notice is our mistake...

Women can be ‘karta’ of a Hindu Undivided Family: Delhi High Court [Read Judgment]

In a landmark ruling, the Delhi High Court recently held that the eldest woman of a Hindu Undivided Family can be its ‘Karta’, a term which denotes the managership of an HUF.The issue to be decided by the Court was whether the plaintiff, Mrs. Sujata Sharma, who was the first born amongst the co-parceners of a Hindu Undivided Family property, would by virtue of her birth, be entitled to be...

Sanction to prosecute Public Servant, not required at pre cognizance stage ; Supreme Court Jt in Anil Kumar v. Aiyappa is per incuriam : Kerala HC

[embed]https://twitter.com/pbhushan1/status/694150040869154817[/embed]Kerala High Court in Maneesh E. Vs State of Kerala has apparently taken a contrary view about issue whether sanction needs to be obtained before forwarding a complaint against Public servant for investigation or not, from that taken by another Single Bench in the case against Kerala CM.In Oommen Chandy’s case,...

New Juvenile law challenged in SC

Three weeks after President Pranab Mukherjee gave assent to the new Juvenile law which permits minors between 16 and 18 who committed heinous offences like rape and murder to be tried as adults,  a public interest litigation has been filed in the Supreme Court challenging its constitutional validity.Parliament had passed the bill on December 22 last year amidst a national outrage after...

Competent Authority under COFEPOSA Act is not required to pass an adjudicatory order while rejecting representation of detenu: SC [Read Judgment]

The competent authority while considering the representation is not required to pass a speaking order but it must reflect that there has been real and proper consideration of the representation, the Bench said.The Supreme Court on Friday, in Union of India vs. Saleena, has set aside a Kerala High Court order which had granted the writ of habeas corpus directing the detenu who was detained...

Supreme Court Weekly Round-Up- 4 (Jan 25-29)

De novo CBI investigation in Raju Pal murder caseRecently, The apex court in Pooja Pal vs. Union of India, directed the CBI, to conduct a de novo investigation in the incident of murder of Raju Pal, the slain BSP MLA, by allowing an appeal filed by his wife Mrs.Pooja Pal. Apex Court Bench comprising of Justices V. Gopala Gowda and Amitava Roy said that pendency of the trial and the examination...