Madhya Pradesh HC dismisses PIL praying revocation of Sachin Tendulkar’s Bharat Ratna

The Madhya Pradesh High Court today, dismissed a Public Interest Litigation which prayed for revocation of Sachin Tendulkar's Bharat Ratna. V.K Naswah, the petitioner, in his petition had said that Tendulkar exploited the fame associated with the highest civilian award for earning money by endorsing commercial products and therefore it should be taken away.  However, the Division bench...

Supreme Court stays levy of Service Tax on Lawyers

A Supreme Court bench comprising Chief Justice H.L. Dattu, Justice A.K. Mishra and Justice Amitava Roy has stayed the Bombay High Court’s dismissal of a challenge to the levy of service tax on lawyers.The Court also stayed the Bombay High Court order dated December 15, 2014.  The matter has been tagged with other petitions pending before the Supreme Court.Sub-clause (zzzzm) of clause (105)...

#Porn Ban; If someone wants to watch Porn in the Privacy of their Bedroom, State cannot be a Moral Police or enter Peoples Bedrooms; Centre to SC

The Kamlesh Vaswani matter that has asked the Court to direct the Government to block all pornography over the Internet and was used conveniently by the Government to order the disablement of over 850 website last week came up before the bench headed by the Chief Justice today.Mr. Mukul Rohatgi, the Attorney General of India represented the Union along with ASG Ms. Pinky Anand. He stated...

Relatives who are not immediate ‘legal heirs’ of the victim can also file appeal against acquittal: Delhi High Court

Answering a reference whether a member of the extended family of a murder victim file an appeal challenging the acquittal of the accused, Full Bench of Delhi High court, has held that the word “Victim” would embrace any person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged. The Full bench, comprising of...

Pak SC upholds setting up of military courts to try civilians; says vires of constitutional amendment can be examined

A 17 judge bench of the Supreme Court of Pakistan (SC) on Wednesday by majority of 11 against 6 upheld the 21st amendment to the Constitution of Pakistan providing for the establishment of military courts in Pakistan. The Court by a comprehensive majority of 14 against 3 also dismissed petitions challenging the 18th amendment to the Constitution. The 17-judge bench was presided over by the...

US Court Judgment regarding the Custody of Child unenforceable in India; Madras HC

Madras High Court dismissed a  petition by a man to declare as binding on his wife the judgement of a US court in a matter wherein he  sought permanent custody of his minor child, affirming  it was not conclusive and binding on her and also not enforceable within jurisdiction of Indian courts.Justice Pushpa Sathyanarayana dismissed original petition by PK Srikumar seeking a declaration to...

Second wife’s son cannot be appointed on compassionate grounds, when marriage was not in accordance with law: Bombay HC

Nagpur Bench of the Bombay High Court comprising Justice Vasanti A. Naik and Justice A.M. Badar has held that second wife’s child cannot seek Government job on compassionate grounds, when the second marriage was not in accordance with law.The Court also noted that the application for appointment was also made after an inordinate delay of more than 10 years after the death of his father....

SFC’s entitled to realize their debt under the provisions of the SFC Act subject to right of the workers to receive their wages also as secured creditors on pari passu basis, holds SC

The Supreme Court in a judgment (Laxmi Fibres Ltd vs A.P. Industrial Dev. Corpn. Ltd. & Ors Civil Appeal No.5805 Of 2005)  rendered recently has held that the limited  impediment  to  the rights of State Financial Corporations under the State Financial Corporations Act will  not  alter  their  status as secured creditors and they will not  be  required  to  prove their debt...

Chief Justice L. Narasimha Reddy acted as a ‘Moghal Baadshah’; was acting Arbitrarily and Authoritatively: Justice Dharnidhar Jha

Declining to attend a farewell party hosted by the Bihar State Bar Council for Chief Justice L. Narasimha Reddy, who retired last week, Justice Dharnidhar Jha, saying that Justice Reddy acted as a “Moghal Baadshah” and “smashed the whole administration not only of the High Court but of the sub-ordinate judiciary also”. “In my opinion, Shri Reddy did not deserve my participation in...

Threats should not and will not affect our work : Chief Justice of India H L Dattu

Chief Justice of India, H.L.Dattu, reacting to the report that one of his brother Judges, Justice Dipak Misra, who wrote the final order rejecting Yakub Memon’s final plea,received death threat, reportedly told TOI, that  such threats should not and will not affect the morale of judges. He added:  “We judges believe in karma.". He said he has instructed the authorities concerned to...

SC refuses to entertain petition to include women in State Cabinets

A Supreme Court Bench comprising Chief Justice H.L. Dattu, Justice A.K. Mishra and Justice Amitava Roy yesterday declined to entertain a Public Interest Litigation questioning non-inclusion of women MLAs in Council of Ministers in some States. The Bench abstained from interfering, as it said that any interference of judiciary in such a matter would amount to "over stepping its own...

Supreme Court stays proceedings against Greenpeace Activist

The Supreme Court stayed the criminal proceedings pending against Priya Pillai along with two other persons related to Greenpeace namely Kumi Naidoo and Samit Aich, before the Chief Judicial Magistrate of Singrauli, Madhya Pradesh.Senior Advocate Dushyant Dave appeared for Pillai. A Bench of Justices Jagdish Singh Khehar and Adarsh Kumar Goel also issued notices to the firm and the Centre...