Flight Missed As Train Ran Late: Supreme Court To Examine If Railways Should Compensate Passengers

National Consumer Dispute Redressal Commission had upheld the compensation for delay citing that Railways could have estimated the same and passed on the information to passengers.

FIR Not Necessary For Issuance Of Heirship Certificate If Person Missing More Than 7 Years: Kerala High Court

The Kerala High Court recently ruled that the competent authorities cannot insist on the production of the First Information Report for grant of an heirship certificate if one of the parties has been missing for more than seven years. Justice PB Suresh Kumar while allowing a petition observed that the attempts to keep the procedure for grant of heirship certificate consistent shall not result...

World Breastfeeding Week: Breastfeeding And Law

The 2017 amendment of the Maternity Benefit Act, mandated that employer has to provide for creche in case more than 50 employees are employed.

Should Disobedience Of Injunction Be 'Wilful' To Invoke Order 39 Rule 2A CPC? Supreme Court Doubts Its Earlier Judgment

The Supreme Court doubted the correctness of its earlier judgment that had held that Order XXXIX, Rule 2-A of the Code of Civil Procedure requires not "mere disobedience" but "wilful disobedience.A bench comprising Justices RF Nariman and BR Gavai made this observation in the Amazon-Future Retail case.Rule 2-A is primarily intended to enforce orders passed under Order XXXIX, Rules 1 and 2,...

'Party Autonomy One Of The Pillars Of Arbitration' : Key Takeaways From Amazon- Future Retail Judgment Of Supreme Court

The Supreme Court in its judgment in Amazon.com NV Investment Holdings LLC vs. Future Retail Limited held that an award/order by an Emergency Arbitrator would be covered by Section 17 of the Arbitration and Conciliation Act and it can be enforced under the provisions of Section 17(2). It also held that no appeal lies under Section 37 of the Arbitration Act against an order of enforcement of...

Judges' Association Moves Bombay High Court Over Residential Woes; CJ To Examine On Administrative Side

Maharashtra State Judges Association has approached the Bombay High Court, highlighting the lack of infrastructure and the State Government's apathy regarding residential quarters for judicial officers of the subordinate judiciary. The petition seeks directions to set up a single-window portal to consider grievances of judicial officers, regarding electricity cuts without...

'Marital Rape A Valid Ground For Divorce': 15 Key Observations Of Kerala High Court-Read Judgment

The Kerala High Court in a significant judgment upheld that marital rape, although not penalised in India, is a good ground to claim divorce while dismissing a set of two appeals filed by a husband challenging the decision of the Family Court.A Division Bench of Justice A. Muhamed Mustaque and Justice Kauser Edappagath made several significant observations while granting divorce to the wife...

Not Much Scope For Considering 'Territorial Jurisdiction' Issue In A Transfer Petition U/s 25 CPC: Supreme Court

The Supreme Court observed that there is not much scope of going into the question of 'territorial jurisdiction' of a court in a Transfer Petition under Section 25 of the Code of Civil Procedure.This point is required to be urged before the Court in which the suit is pending, Justice Aniruddha Bose observed while dismissing a transfer petition.In this case, the petitioner is a defendant in a...

Pegasus Spyware Scandal: Laws on Surveillance and Phone-Tapping

The controversy surrounds the utilisation of Pegasus spyware by the government to snoop on eminent persons from different walks of life.

Article 25 Does Not Provide Any Immunity From Taxation On The Basis Of Religion, Salaries Of Nuns and Priests Working As Teachers Liable To TDS: Kerala High Court

The Kerala High Court recently ruled that salaries paid to nuns and priests of religious congregations, working as teachers in educations institutions are liable for tax deduction at source while dismissing a batch of nearly 50 writ appeals.A Division Bench of Justice SV Bhatti and Justice Bechu Kurian Thomas upheld the rider of a Single Bench and observed that such deduction of tax does...

Emergency Arbitration Award Enforceable In Indian Law : Supreme Court Rules In Favour Of Amazon In Case Against Future Retail [Updated With Judgment]

"It is wholly incorrect to say that Section 17(1) of the Act would exclude an Emergency Arbitrator's orders", the Court said in the judgment.

'Only A Woman Knows How Difficult It Is To Balance Motherhood & Career': Kerala High Court Reinstates Woman Fired For Availing Maternity Leave

While dealing with a plea where maternity leave was denied to a woman, the Kerala High Court deprecated the State for terminating her service as the counsellor at the Women and Child Development Department and set aside the order of termination. Justice Devan Ramachandran while pronouncing the judgment observed that "only a woman knows how acutely difficult it is to balance motherhood and...