Bombay High Court upholds the Constitutionality of Food Safety and Standards Act 2006 [Read the Judgment]

In a significant judgment rendered by the Bombay High Court on 16.09.2015, the constitutionality of the Food Safety and Standards Act 2006 has been upheld. Several merchant, traders, hoteliers and dealers in food items had moved the High Court under the collective of associations like ‘The Association of Traders carrying the various business of Food Items’ , ‘Mumbai Mewa Masala...

Supreme Court Weekly Round Up

JudgmentsIn a split verdict, relating to payment of compensation under the Land Acquisition Act, 1894 for the solatium should be from the date of acquisition or from date of pronouncement of the constitution bench judgment in Sunder [2001], a bench of Justices V. GopalaGowda & Adarsh Kumar Goel referred the matter to a 3 judge bench. However, no terms of reference were pronounced.A two...

Excess Fee for Enrolment; Kerala HC issues notice to Bar Council on a Plea by a Senior Citizen [Read Petition]

A writ petition was filed by T. Koshy, a senior citizen, challenging the gross injustice, hostile discrimination and the illegal extraction of huge sums of money by the respondents in the exercise of their powers under the Advocate’s Act 1961, for the enrolment of Advocates, held on 24 May, 2015.In gross violation of the provisions of law regarding amendment of a statutory rule and...

National Judicial Data Grid for public access inaugurated in Supreme Court

National pendency figures to the level of district courts will be open to the general public and will be just a click away.The figures of pendency of District Judiciary Courts across the country, in aggregate for country and States as well as individual Court/Judges are left open for being accessed by anyone visiting the National eCourts portal ecourts.gov.in.Justice Madan B. Lokur, Judge who...

“You hang me but after a proper trial”: Dismissed IPS Officer Sanjiv Bhatt alleges victimization by Gujarat Govt.

Dismissed Gujarat Cadre IPS officer and known Modi-baiter Sanjiv Bhatt on Thursday averred in the Supreme Court that he would not get a fair trial in Gujarat if the State Police investigates the complaint against him as the justice delivery system in the State has collapsed. He alleged victimization for consistently maintaining and deposing before the SIT, the court amicus and the...

Apple v. Samsung; US Court of Appeals for the Federal Circuit rules in favour of Apple in patent dispute [Read the Judgment]

The US Court of Appeals for the Federal Circuit  held on Thursday that Apple should have received an injunction barring Samsung from selling any devices that infringe on Apple's patents by lower district court. However, they allowed Samsung to sell its devices without the features protected by Apple's patents. Cellphone features such as auto correct, lock screens and data...

Designation of Senior Advocates; Procedure of making applications is the root cause, Secret ballot, Support of Minimum Number of Judges etc are oppressive ; Dushyant Dave

Pursuant to the Supreme Court Order in Indira Jaising v. Supreme Court of India through Secretary General & Ors.[Writ Petition (C) No. 454 of 2015 ], Attorney General of India Mukul Rohatgi invited various Bar Bodies including Supreme Court Bar Association for formulating new Guidelines relating to the ‘Designation of Senior Advocates’. He also prepared the following working...

SC impleads NCW as party to Writ challenging validity of Exception-2 of S.375 IPC -Sexual intercourse with married girl child between 15-18 years [Read the Submissions]

The Supreme Court on Friday impleaded the National Commission for Women (NCW) as a party to a Writ challenging Exception 2 to Section 375 of the Indian Penal Code that permits intrusive sexual intercourse with a girl child aged between 15 to 18 years only on the ground that she has been married.The Court was hearing a Writ Petition filed in 2013 by the NGO, Independent Thought, which has sought...

US Court of Appeals (IX Circuit) holds ‘takedown notifications’ by Copyright holders must consider ‘fair use’ prior to sending notice [Read Judgment]

The US Court of Appeals (IX Circuit) has held recently in Lenz v Universal Music that fair use before sending a takedown notification must be considered by Copyright holders. Failure to do so will raise a triable issue as to whether the copyright holder formed a subjective good faith belief that the use was not authorized by law. Holding that ‘actual knowledge theory’ must be used for...

SC refused to stay Kerala HC Judgment which allows Dog Culling in Animal Board's Plea [Read Petition]

Shocked by the move by Kerala government to eliminate troublesome stray dogs, the Animal Welfare Board today approached the Supreme Court challenging a 2006 order of the Kerala High Court which allowed it.Though the bench of Justice Dipak Misra and Justice P C Pant refused to stay the order, it assured a detailed hearing by saying that it would tag the petition along with a similar one filed...

Finalize conferment of Citizenship Rights on eligible Chakma and Hajong Tribals of AP: SC to Centre and State Govt.

The Supreme Court on Thursday directed the Centre and State Government to finalize the conferment of citizenship rights on eligible Chakma and Hajong Tribals who migrated to India in 1964-1969 and were settled in the State of Arunachal Pradesh.The Bench, comprising Justice Anil R. Dave and Justice A.K. Goel also directed that steps be taken for protection of their life and liberty and...

Rajasthan Assembly passes amendment to Right to Education Act; revokes no detention policy till class 8 [Read the Bill]

Rajasthan Assembly has passed the Right of Children to Free and Compulsory Education (Rajasthan Amendment) Bill, 2015, aimed at improving the standards of education by removing the provision of not failing students till Class 8 and instead evaluating them on the basis of their performance.The Statement of Objects and Reasons of the Bill states that the no detention policy up to class 8th...