Lieutenant Governor Has No Right To Interfere In The Daily Affairs Of The Elected Government Of Puducherry, Rules Madras HC

The Lieutenant Governor (LG) does not have the right to interfere in the daily affairs of the elected government of Puducherry, the Madras High Court has ruled.Kiran Bedi is the present Lieutenant Governor for the Union Territory while the Chief Minister is V. Narayanasami.According to the report in The News Minute, Justice R. Mahadevan, while disposing of a petition filed by Puducherry...

Demand Notice U/s 138 NI Act Need Not Be Sent Through An Advocate: Tripura HC [Read Judgment]

"It is the payee or the holder who will make the demand in writing."

Has Section 360 Cr.P.C. Any Application In A State Where The Probation Of Offenders Act, 1958 Has Been Brought Into Force?

According to a recent verdict of the Supreme Court of India in Lakhanlal @ Lakhan Singh v. State ofMadhya Pradesh (Criminal Appeal No. 1306 of 2013) rendered on 04-04-2019, the provisions of the Cr.P.C. are not excluded by the provisions of the Probation of Offenders Act, 1958 (the "P.O. Act" for short) and Section 360 Cr.P.C. is in addition to the provisions of the P.O. Act. The appellant in the case before the Supreme Court was one of the eight accused persons who were convicted by the...

40 Important Judgments On Insolvency And Bankruptcy Code, 2016 [Part-1]

To borrow the golden words of Justice Rohinton F. Nariman in Swiss Ribbons Pvt. Ltd. & Anr. vs. Union Of India WP(Civil) No. 99 of 2018 whereby upholding the Constitutional validity of the Insolvency and Bankruptcy Code, 2016 ("IBC") it was held as under: "85. The Insolvency Code is legislation which deals with economic matters and, in the larger sense, deals with the economy of the country as a whole. Earlier experiments, as we have seen, in terms of legislations having failed,...

Sedition And Transgender Identity: Two Important Civil Rights Judgments From High Courts

This month has seen two important civil rights judgments come out of the High Courts. The Kerala High Court reaffirmed the narrow scope of sedition, while the Madras High Court reaffirmed the right of self-determining one's gender identity. Neither judgment broke new ground; but affirming – and entrenching – existing jurisprudence is often equally important, especially in circumstances where the possibility of erosion is ever-present.The Kerala High Court, Sedition, and the UAPAIn Union of India...

Delhi HC Invites Application For Designation As Senior Advocate [Read Notification]

Delhi High Court has invited the application for conferment of designation as Senior Advocate."The applications seeking conferment of designation as Senior Advocate are accordingly invited from eligible practicing advocates as provided in Rule (5) of the High Court of Delhi Designation of Senior Advocate Rules, 2018, in the prescribed proforma annexed to the aforesaid Rules with a...

Adverse Possession Plea Can Be Sustained Only When Possession Is In Denial Of True Owners' Title: SC [Read Judgment]

"Mere continuous possession howsoever long it may have been qua its true owner is not enough to sustain the plea of adverse possession."

Dealing With Allegations Of Sexual Harassment Against The CJI

Judiciary comprises of judges, advocates and ancillary staff. All of them play important unique roles. The institution is run by advocates and handled by the judges. Staff supports them. Sitting judges are the strongest pillars of the judiciary. People of this country have immense trust on judiciary due to the failure of successive governments. This trust has to be maintained at any cost. Judges, being special members of the judiciary, therefore, must not only be honest but should also be...

Madras HC Suggests To Exclude Consensual Sex With Girl Aged Above 16 From Rigours Of POCSO Act [Read Judgment]

"More liberal provision can be introduced in the Act itself in order to distinguish the cases of teenage relationship after 16 years, from the cases of sexual assault on children below 16 years."

Najeeb Ahmed Missing Case: Delhi Court Allows Mother to File Protest Petition Against CBI's Closure Report [Read Order]

A Delhi court on Tuesday allowed Fatima Nafees, the mother of JNU student Najeeb Ahmed who went missing two years ago, to file a protest petition against the closure report of the Central Bureau of Investigation in the case.The CBI Prosecutor objected the prayer for supply of documents and submitted that there is no provision of protest petition and consequently supply of documents. The...

All Cases Of Assault Or Simple Hurt Cannot Be Categorized As Crimes Involving Moral Turpitude: SC [Read Judgment]

"The release under probation does not entitle an employee to claim a right to continue in service"

SCAORA And Orissa HC Bar Association Lock Horns Over 'Outsider' Lawyer Elevation As HC Judge

The Supreme Court Advocates-on-Record Association and Orissa High Court Bar Association have locked horns on the issue of elevation of 'outsider' lawyers as Judges of the Orissa High Court. Today, the Supreme Court AoR Association has passed a resolution requesting the Supreme Court to send a serious message to all High Courts not to accede to unreasonable resolutions like the one...