Sec.50 NDPS Act Cannot Be Complied By Stating That Police Conducted Search With Consent Of Accused : Delhi HC [Read Judgment]

The Delhi High Court has acquitted a person convicted under the Narcotic Drugs and Psychotropic Substances Act by holding that conditions of search under Section 50 are mandatory and that they cannot be fulfilled by the plea that accused waived the right to have the search conducted in the presence of a Magistrate or Gazetted Officer.While setting aside the conviction under Section 18(b) of...

Renaming Of Allahabad To Prayagraj: Allahabad Bench Dismisses PIL While Lucknow Bench Asks State To Respond To PIL Challenging Name Change [Read Order]

Two public interest litigations challenging the Uttar Pradesh Government’s decision to rename Allahabad to Prayagraj met different fate.While the bench at Allahabad dismissed the plea asking the petitioner to approach the government first, the Lucknow bench posted the case on Monday directing the state to respond.Sunita Sharma had approached the high court contending that the...

Justice R Banumathi & Justice Indira Banerjee Differ Over Issuance Of Notice In SLP [Read Order]

A Supreme Court bench comprising Justice R Banumathi and Justice Indira Banerjee expressed divergent views on whether to issue notice in a special leave petition filed against a Bombay High Court judgment.The bench was considering the SLP filed by Dhanada Corporation Limited against the high court order that had dismissed their appeals challenging proceedings under the Maharashtra Protection...

NCLAT Okays UltraTech Cement's Revised Resolution Plan For Binani Cement [Read Judgment]

The National Company Law Appellate Tribunal (NCLAT) on Wednesday approved the revised resolution plan submitted by Ultratech Cement for debt-ridden Binani Cement.The NCLAT bench comprising NCLAT Chairperson, Justice SJ Mukhopadhaya, and Judicial Member, Justice Bansi Lal Bhat accepted Ultratech's plan, while ruling that the plan submitted by the rival Dalmia Bharat group firm Rajputana...

Sports Essential For ‘Happy Childhood’: J&K HC Expresses Concern About Extreme Lack Of Sporting Facilities In State [Read Order]

“Such facilities are available to the children, youth and persons of all ages and culture in every part of the country. These facilities must be made available to every child, youth and resident in the State of Jammu and Kashmir.”The Jammu and Kashmir High Court has registered a suo motu PIL taking note of extreme lack of sporting facilities in the entire state.The bench comprising...

Delhi HC Dismisses Bail Plea By Middleman Manoj Prasad In The Bribery Case Against Rakesh Asthana

The Delhi High Court Tuesday dismissed the bail plea of middleman Manoj Prasad in a bribery case allegedly involving CBI Special Director Rakesh Asthana.Justice Najmi Waziri denied the relief to Prasad, saying the allegations against him were serious in nature and noted the CBI submission that the investigation is at a crucial stage.Additional Solicitor General Vikramjit Banerjee and...

“A Tea Seller And A Judge”: A Young Railway Judge’s Beautiful Retelling Of His Struggle With Morality And Law

“For legal authority was there; but moral authority I had none,my nation’s law had somewhat failed, and poverty had won!”~ Bharat Chugh, “A tea seller and a judge”.Plenty a texts have been written on the need for imbibing morality in law, and extricating judges from the shackles of blindly and strictly adhering to the law of the land without infusing any life into it. Most these...

Law Is To Be Administered On the Basis Of Standards Of People Living In Society : Justice Nageswara Rao [Video]

"Law is to be administered on the basis of standards of people living in society", commented Justice L. Nageshara Rao while delivering a lecture on 'due process of law' at Ernakulam on Saturday as part of Continuing Legal Education Program organized by the Kerala High Court Advocates Association. Justice Rao was speaking in the context of the debate whether Courts transgress their limits...

Mining: Environmental Clearance Can’t Have Any Retrospective Effect, Reiterates SC [Read Judgment]

‘If the life of the environmental clearance is curtailed due to operation of the law, then so be it.’While considering the Central Empowered Committee (CEC) report on illegalities involved in the mining lease of Sarda Mines Private Limited (SMPL), the Supreme Court reiterated that environmental clearance cannot have any retrospective effect and it is operational from the date it...

Insurance Companies Not Liable To Pay Compensation To Unauthorised Passengers For Motor Vehicle Deaths/ Injuries: Madras HC [Read Judgment]

The Madras High Court recently reiterated that insurance companies cannot be held liable to compensate for deaths or injuries to unauthorised/ gratuitous passengers in goods or transport vehicles.In doing so, the Bench comprising Justice KK Sasidharan and Justice R. Subramanian refused to consider as precedent the recent judgment in Shivraj v. Rajendra, wherein the Supreme Court had...

Former SC Judge Justice S N Phukan Passes Away

Former Supreme Court judge Justice S N Phukan passed away yesterday morning at 6 AM at a private hospital at Jorhat, Assam. He was aged 81 years.He was a judge at the Supreme Court from January 28, 1999 to April 1, 2002.He started law practise at Guwahati in 1962. A year later, he joined the Assam Judicial Service.He joined the Meghalaya government in July, 1970 and worked in the Law...

The Unconstitutional Vagueness Of The Personal Data Protection Bill, 2018

“What happens in vagueness, stays in vagueness...”Police Officer: “Hey, Mr.CEO, you’re under arrest! We’ve found that the website of your company displays….hmmm….what do you call it [Police Officer asks his slightly more informed sidekick]…oh..yes, yes..I know - ‘Data’; this can cause ‘harm’ to people, so I’ve been told [Police Officer grins]   Mr.CEO: “What! Please wait a minute; I can explain, this was legitimate use of data, ‘X’ (owner of data) allowed us to use it, there is a contract...