Payment Of Gratuity Act - No Retrospective Effect For 2010 Amendment Enhancing Gratuity Upper Limit As Rs 10 Lakhs : Supreme Court

The Supreme Court has observed that 2010 amendment of Payment of Gratuity Act 1972 is not retrospective.As per the 2010 amendment, the upper-limit of amount of gratuity payable as per Section 4 of the Payment of Gratuity Act 1972 was increased as Rupees 10 lakhs from Rupees 3.5 lakhs.The appellants before the Supreme Court were former employees of Coal India Limited, who were paid gratuity...

'Unless You Have Liberty Of Thought, How Can You Express Yourself?' : Bombay High Court Reserves Interim Order On IT Rules 2021

The Bombay High Court on Friday reserved order on pleas seeking interim relief from operation of the InformationTechnology (Guidelines For Intermediaries And Digital Media Ethics Code) Rules,2021.The Court was hearing the writ petitions filed by AGIJ Promotion Of Nineteenonea Media Pvt. Ltd , the company that owns the legal news portal 'The Leaflet', and a PIL filed by journalist Nikhil Wagle...

'IT Rules Within Legislative Competence Of MeitY': Centre Files Affidavit In Bombay High Court Opposing Stay

The Union Government has filed a reply affidavit before the Bombay High Court opposing any interim relief to the petitioners who have challenged the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules, 2021) saying that any relief may have a spiralling effect and "result in spread of fake news and legally prohibited content."The affidavit...

'I Came Here In 1979; Those Were Fantastic Days' : Justice Nariman Reminisces Legends Krishna Iyer, Palkhivala, Chinnappa Reddy Etc

Justice Rohinton Nariman, who retires as a Supreme Court judge today, while delivering his speech in the farewell function organised by the Supreme Court Bar Association said that he was leaving this fantastic institution with mixed feelings. "It is with mixed feelings that I am leaving this fantastic institution. The first feeling is one of enormous relief. Now I won't see...

Justice Rohinton Nariman's Legacy: Notable Judgments On Liberties, Orientation To IBC & Arbitration

Justice Rohinton Nariman's seven year old tenure as a judge of the Supreme Court has come to an end on August 12. He was appointed as a judge of the Supreme Court on July 7, 2014, only the fifth senior counsel to be elevated from the bar to the bench. During his tenure, Justice Nariman has authored notable judgments that have contributed to the country's evolving jurisprudence on the fundamental rights and liberties of citizens. Justice Nariman was also part of the bench which steered the...

Merit Must Predominate In Judges Appointments; Time For More Direct Appointees : Justice Nariman In Farewell Address

Justice Rohinton Nariman, who retires as a Supreme Court judge today, said in his farewell speech that merit must be the predominant factor to be considered in judicial appointments.While delivering his address at the farewell function organized by the Supreme Court Bar Association, Justice Nariman said that the people of India and the litigating public have a legitimate expectation of a...

'Why Has Response Not Been Filed Despite Previous Directions?': Madras High Court Pulls Up Centre For Delay In Filing Response To Pleas Challenging IT Rules 2021

The Madras High Court on Wednesday took serious objection to a request made by a counsel for the Union of India to grant more time to file its response to petitions challenging the validity of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules, 2021). The Court is currently adjudicating upon two writ petitions challenging the...

Centre Need Not Be Majority Shareholder In National Insurance Cos : Parliament Passes Insurance Amendment Bill

The Parliament on Wednesday (August 11) passed the General Insurance Business (Nationalization) Amendment Bill 2021 which removes the condition that the Central Government should hold 51% shareholding in state-owned general insurance companies.The proviso to Section 10B of the General Insurance Business (Nationalization) Act 1972 requires that the shareholding of the central government in...

Courts This Week- A Weekly Round Of Important Legal Developments In The Country [Episode-77]

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'Sheer Lawlessness' : Karnataka High Court On Unveiling Of Shiva Statue In Begur Lake Violating Stay Order; Asks Police Commissioner To Probe

The Court said that there was no religious issue involved in the case and it was considering the legal issue if BBMP could make artificial islands in the Begur lake

Chief Secretary Assault Case: Delhi Court Discharges CM Arvind Kejriwal, Deputy CM Manish Sisodia, And 9 Others-Read Judgment

A Delhi court today discharged Delhi's Chief Minister Arvind Kejriwal, Deputy Chief Minister Manish Sisodia and nine others in a case of the alleged assault on the then Chief Secretary Anshu Prakash. However, the special MP/MLA court, presided over by Additional Chief Metropolitan Magistrate Sachin Gupta has ordered framing of charges against two AAP MLAs - Amantullah and Prakash Jarwal...

Impact Of Supreme Court Direction : Karnataka HC Says Govt Order Withdrawing Prosecution Won't Apply To MPs/MLAs

In the light of the order passed by the Supreme Court yesterday, the Karnataka High Court on Wednesday said that the order issued by the Karnataka Government on August 31, 2020 to withdraw criminal prosecutions will not apply to sitting or former MPs/MLAs.Yesterday, a bench led by the Chief Justice of India had ordered that no criminal prosecution must be withdrawn against MPs/MLAs without...