Writ of Habeas Corpus is only remedy against the illegal Detention: AP High Court

The full Bench of the Andhra Pradesh High Court has reiterated the principle that a person in detention under any enactment authorizing preventive detention or is in illegal detention of any private individual has a right to approach the High Court under Article 226 of the Constitution of India in a Habeas Corpus petition.“The object of the writ of Habeas Corpus is to secure release of...

Hold talks with Bar bodies and evolve ‘Senior’ designation rules: SC to ‘amicus’ Rohatgi

Supreme Court today asked bar bodies to come forward and suggest ways to fine-tune the method of designating lawyers as ‘senior’ advocates and also assist in evolving firm criteria for the exercise.Appointing Attorney General Mukul Rohatgi as amicus curiae to hear the petition filed by senior lawyer and former Additional Solicitor General Indira Jaising seeking a judicial scrutiny of...

Three Years of Landmark Reforms; An account of Justice AP Shah’s Career as Chairman Law Commission of India [Sept 2012- August 2015]

As usual, leaving an indelible mark as Chairman of the 20th Law Commission of India, Justice Shah just finished his term completing the 3-years on this 31st August. Though he could not make it to the Supreme Court, thanks to the ‘collegiums’, he carries much aura and commands respect than many of the retired Supreme Court Judges of recent times. He is known for his unconventional...

Amendment of Section 142 NI Act has retrospective effect : Chattisgarh High Court

The Chattisgarh High Court held that Amendment of section 142 of Negotiable Instruments Act, 1881, has retrospective effect. Justice Goutam Bhaduri said that it is an amendment of procedural law and not substantive law and hence it will have a retrospective effect.Factual BackgroundSection 138 NI Act complaint was filed by the appellant in JMFC Pamgarh. But the Court returned the said...

High Courts Weekly Round Up

Delhi High Court:Frowning upon the “sexist bias” that appears to have “blocked the progress of women”, a Delhi High Court Bench comprising Justice Kailash Gambhir and Justice Najmi Waziri has allowed women to have full term service in the Indian Navy and enjoy retirement benefits.In a decision that will foster medical healthcare workers to provide primary healthcare in rural areas...

Supreme Court Weekly Round Up

Live Law reported three judgments of Supreme Court of India, last week.Late ‘serious’ charges no reason to deny pre arrest bailSupreme Court on Monday, held that, merely because the accused is charged with a serious offence at a later stage may not by itself be the reason to refuse the grant of anticipatory bail if the circumstances are otherwise justified. The court observed that no...

Counseling/ Mediation in Domestic Violence cases can be initiated without Court order: Bombay HC lays down guidelines [Read the Judgment]

A Bombay High Court comprising Chief Justice Mohit Shah and Justice Roshan Dalvi has set aside a State Government circular that prohibited counseling and mediation in domestic violence cases without a court order.  The Court ruled that the circular is “discriminatory, arbitrary and unreasonable”, and set it aside so far it concerned the directions with regard to counseling of women who...

Supreme Court slams Centre for ‘casual’ approach towards labourers’ welfare

The Centre was slammed by the Supreme Court for its "callous and casual" approach towards welfare of urban labourers. The labour secretary was asked by the court to be personally present before it and explain how the government intends to spend over Rs 27,000 crore collected as construction cess.The Supreme Court earlier directed all the states to set up the board to frame and implement...

Implementation of RTE Act is a herculean task and impossible to monitor; Supreme Court

The Supreme Court on Friday said that monitoring the implementation of the Right to Education Act across the country is a difficult task and it's not possible for it to undertake such an exercise.A plea seeking direction to the Centre and state governments to appoint sufficient number of teachers and build schools as per the Act was refused by a bench of Justices Madan B Lokur and U...

Delhi HC allows full term service and pension benefits to women in Indian Navy

Frowning upon the “sexist bias” that appears to have “blocked the progress of women”, a Delhi High Court Bench comprising Justice Kailash Gambhir and Justice Najmi Waziri has allowed women to have full term service in the Indian Navy and enjoy retirement benefits.The Court was hearing six separate pleas filed by 19 women officers in the education, logistics and ATC branches of the...

Delhi High Court seeks response of Centre and Doordarshan to plea seeking 24 hr Sindhi news channel

A writ petition has been filed by a NGO before the Delhi High Court seeking issuance of directions to Doordarshan to start a 24-hour news channel for the Sindhi community which claims to be a linguistic minority.The petitioner, Sindhi Sangat claims to be a registered non-profit organization which endeavors to preserve and promote 5000 year old Sindhi Culture, language and script.When the...

DMAT whistleblowers say MP judges cannot be trusted to hear petitions; SC issues notice on transfer plea

The Supreme Court today issued notice to Madhya Pradesh government on a plea by whistleblowers seeking transfer of four pending petitions relating to Private Dental and Medical College admission scam from Jabalpur High Court to Supreme Court.The government has been asked to file their response within three weeks.Whistleblowers Anand Rai and Paras Saklecha contend that there is enough...