No Justification For Shifting Capital Between Srinagar & Jammu Every 6 Months : J&K HC Calls For Review Of 148 Year Old 'Darbar Move'

The Jammu and Kashmir High Court has held that there are no reasons or grounds are forthcoming for enabling and supporting considerations of administrative efficiency, legal justification or Constitutional basis for effecting the Darbar moves.Though the bench of Chief Justice Gitta Mittal and Justice Rajnesh Oswal has enumerated number of reasons against the move, finally the Bench has...

"Central & State Govts Taking Neccesary Steps" SC Disposes Off Plea On Issue Of Migrant Workers Being Charged For Moving Back Home [Read Order]

The Supreme Court on Monday disposed off the plea on the issue of migrant workers being charged for travelling back home has been A bench of Justices Sanjay Kishan Kaul, Ashok Bhushan & BR Gavai observed that all necessary steps were being taken care of by the Centre & States in this regard.Advocate Prashant Bhushan appeared for the petitioner, stating that the central government...

'Bois Locker Room' : Delhi Commission For Women Takes Suo Moto Notice; Writes To Instagram, Delhi Police

The Delhi Commission for Women (DCW) on Monday took suo moto cognizance of reports about "Bois Locker Room', an Instagram chat group where objectionable comments were made about minor girls.The DCW has issued notice to social media platform Instagram and Delhi Police after leaked screenshots of lurid discussions from the group surfaced recently.DCW took suo motu cognizance of chats among...

Reports Of COVID19 Testing Must Be Made Available Within 48 Hours Or Earlier: Delhi HC Directs Delhi Govt [Read Order]

The Delhi High Court on Monday directed the Delhi Government to ensure that the accredited labs in Delhi, which are testing samples for COVID19 infection, should be giving reports within a period of 24/48 hours. The Division Bench of Justice Hima Kohli and Justice Subramonium Prasad has further directed the Delhi Government to ensure that its website is continually updated to...

[BREAKING] Centre Decides To Evacuate Indians Stranded Abroad In Phased Manner From May 7

The Government of India stated on Monday that it will be facilitating the return of Indian nationals stranded abroad on compelling grounds in a phased manner, the travel for which would be arranged by aircraft and naval ships.The travel would begin in a phased manner from May 7. The Standard Operating Protocol (SOP) has been prepared in this regard, said a press release issued by the...

'Arnab Goswami Is Arrogant, Antics Hampering Investigation, Browbeating Police' : Maharashtra Govt Moves SC Against Interim Protection

An application by the Maharasthra Government on behalf of Deputy Commissioner of Mumbai (Zone III) has been filed in the Supreme Court alleging that Arnab Goswami, Editor-in-Chief of Republic TV, was "browbeating" the police.On April 24, the Republic TV Editor-In-Chief was granted interim protection by the Supreme Court from any coercive action for a period of three weeks in light of...

Supreme Court Monthly Digest : February 2020

Here is a compilation of major Supreme Court decisions of February, 2020.SC Upholds MP Amendment Which Restored Power To Try Labour Law Offences On Criminal Courts.The Supreme Court upheld the Madhya Pradesh Labour Laws (Amendment) and Misc. Provisions Act, 2002, which restored the power to try offences under labour laws on the regular Criminal Courts.(Case name: State of MP vs....

Lack Of 4G Net Affecting Health Services & Online Education In J&K, Submit Petitioners; SC Reserves Orders

The Supreme Court on Monday reserved orders on the petitions seeking restoration of 4G internet speed in Jammu and Kashmir, particularly to enable access to health services and online education during COVID-19 lockdown.A bench comprising Justices N V Ramana, Surya Kant and B R Gavai heard the the petitions file by 'Foundation of Media Professionals', 'Private Schools Association of J&K'...

Plea Bargaining In India

Plea Bargaining, in the most traditional and general sense, refers to a pre-trial negotiation between the defendant, who is represented by a counsel and the prosecution, during which the defendant agrees to plead guilty in exchange for certain concessions by the prosecutor. Plea Bargaining is further divided into two categories – "charge bargaining", where the negotiation is to...

Injunction On Invocation Of Bank Guarantee : Case Laws & Principles

Introduction The present situation because of the lockdown due to the emergence of Covid-19 can lead to various parties being unable to comply with their obligations under the contract, empowering the beneficiary/creditor to invoke bank guarantee(s) submitted on behalf of the principal debtor. This is an opportune time to ascertain the meaning of a Bank Guarantee and...

Supreme Court Weekly Round Up

[Week commencing April 27 to May 2, 2020]

Legal Flaws On The Mandatory Imposition Of Aarogya Setu App

The extension of the "nationwide lockdown" by another two weeks has brought with it a slew of further directions under the National Disaster Management Act. Many of these directions exacerbate the problems pointed out in previous posts. For example, unlike previous directions, this one actually does impose a physical curfew (between 7PM and 7AM), and directs local authorities to pass necessary orders implementing it. This particular direction lies at the intersection of rule by executive decree...