Breaking : Prorogation Of UK Parliament Unlawful And Void, Declares UK Supreme Court

A decision will be unlawful if it frustrates the ability of the Parliament to carry out its constitutional functions", the Court held.

'Hangover Is An Illness', Says German Court

Days after the Annual Oktoberfest Beer Festival began in Munich, the Higher Regional Court at Frankfurt, Germany has held that hangover is an "illness". The decision was passed against a firm that was offering "anti-hangover shots". The firm claimed that its product could alleviate symptoms of alcoholism and could prevent the emergence of a hangover. The plaintiff, an...

Liability Of E-Commerce Websites In IP Infringement: Redefined By Latest Delhi HC Judgments

The boom in E-commerce has made things easier for customers, who have the luxury of buying things, sitting at their home or office, at their beck and call. But it has also opened the floodgates, a plethora of problems for businesses and E-commerce websites. Businesses (including individuals, companies, LLP, partnerships) who are bonafide proprietors of their respective trademarks, now have to face the problem, of products being sold on online portals, having deceptively similar trademarks...

Need For Humane Approach In Applying Limitation To Sexual Harassment Complaints

Acknowledgement of the realities behind a woman's silence is the need of the hour.

Jammu And Kashmir: Dubious Call Of Integration

The abolition of Article 370 led to dubious drum beating about final integration of Kashmir into India. In the year 1954 when the Presidential Order (1954) was issued comprehensively determining the extent of Union control over Kashmir, the same kind of trumpet blowing occurred. I call it drum beating and trumpet blowing as I find it distasteful. There was again a heated debate, based on no evidence at all, about who supported what in terms of merger of the States. Patel was projected as the...

Justice Kureshi Saga : Death Knell For Independence Of Judiciary

Late on Friday night, a resolution passed on September 5 by the Supreme Court Collegium was uploaded on the court's website. Through the resolution, the Collegium, headed by Chief Justice of India Ranjan Gogoi, modified the recommendation it had made on May 10 to the central government to appoint Justice Akil Abdulhamid Kureshi as the Chief Justice of Madhya Pradesh High Court to now appoint him as Tripura High Court's Chief Justice. Though no reason was given for this sudden modification, it...

Babri Masjid Demolition: Special CBI Court Summons Former UP Chief Minister Kalyan Singh

A special CBI court here on Saturday issued summons to former Uttar Pradesh chief minister and BJP leader Kalyan Singh, directing him to appear before it on September 27 in connection with the Babri Masjid demolition case.The court is conducting the trial of accused persons, including BJP leaders L K Advani, M M Joshi, Uma Bharti and others for allegedly conspiring to demolish the mosque at...

"The Darker Side Of Sunlight"-Court Reporting In The New Age

Recently, while hearing a PIL to regulate cosmetic clinics, a High Court judge made an observation, in a lighter vein, about the centrality of such clinics to the life of many, only to make a quick retraction saying that "what ever we say gets published in the press!" The Supreme Court has also indicated it would consider a request to record/broadcast the Ayodhya Case proceedings. In the age of 24X7 news and hyper active social media, as courts mull over whether live-streaming of proceedings...

Few Lessons For Supreme Court Of India From UK Supreme Court

The Supreme Court of India has few lessons to take from the UK Supreme Court in promptly adjudicating constitutional issues.

Right To Access Internet : Kerala HC's Guiding Light To SC

The Kerala High Court judgement can be a dim guiding light for the Supreme Court and aid it to pave its way back to its days of K.S. Puttuswamy and, to its primary duty of being the guardian of the people.

Why Separation Of Powers In India Is Like Love

Until the 16th of September, 2019, we believed that there were some fundamental principles that underlay our constitutional system. These principles were as fundamental as breath and as natural. We took them for granted. For example:Fundamental rights cannot be infringed in the absence of law (Kharak Singh v State of UP).If there exists a law, that law must be promulgated publicly, so that citizens may know what it says, and know the basis on which fundamental rights are being restricted. Secret...

No GST For Services Of Court Receiver : Bombay HC [Read Judgment]

The amounts collected by the Court Receiver may be subject to GST depending on fact situation, added the Court.