AA Kumbhakoni To Be The Next Advocate General Of Maharashtra

Maharashtra cabinet has recommended the name of Senior Advocate AA Kumbhakoni to be the next Advocate General.Governor's nod to this recommendation will lead to his formal appointment.The post of Advocate General remained vacant after former AG Rohit Deo J was elevated to the bench recently.Kumbhakoni was also elevated to the bench in 2008 but resigned in six months over issues related to...

Law Commission Invites Views On Legalization Of Betting And Gambling [Read Appeal]

The Law Commission of India has invited views and suggestions from stakeholders and general public on the issue of legalizing betting and gambling.This is in furtherance of a Supreme Court directive issued in the case of Board of Control for Cricket in India v. Cricket Association of Bihar & Ors., (2016) 8 SCC 535, wherein the Apex Court had mandated the LCI to study the possibility...

Don’t Misconstrue Court Order On Highway Liquor Ban: Kerala HC Cautions Excise Dept [Read Order]

Justice Devan Ramachandran of the Kerala High Court on Tuesday strongly censured and deprecated the approach taken by the Excise department in matters pertaining to ban on sale of liquor along national /state highways.The court had earlier directed the Excise department to consider permission to bars along highways de-notified prior to the Supreme Court judgment. The court, however, out...

What’s In A Surname?

He asked me, “What’s your name?” I said, “Avani”. “No, your full name I mean”, he said. “Avani Bansal, but why, why does it matter?”, I asked.This set of introductory lines have repeated themselves in my life, far too often. I still can’t fully fathom why people always want to know the other person’s surname. Somehow, the name isn’t an identity good enough. While Shakespeare thought there is nothing in the name, when in Romeo and Juliet, Act II, Scene II, he wrote - What’s in a name? that which...

World Environmental Day: Connecting People With Nature & Judiciary

Non-governmental organisations (NGOs) have played a great role in protecting the environment of our country.Litigations brought by them have helped the judiciary to render several judgments for the protection of the environment of the country. The Supreme Court has laid down the principle of ‘polluter pays’, precautionary principles, reversal of burden of proof, public trust doctrine, sustainable development etc. There are no parallel legislations even now. But people like MC Mehta and other...

Criminalising Revenge Porn: Why Stakeholders Must Not Be Happy With Present Legal Setup…

With the growth of the usage of social media, several new trends of cyber offences have surfaced like interpersonal crimes, especially crimes resulting from emotional breakups.Revenge porn is one of the worst forms of interpersonal cyber crimes. Way back in 2009, I first came across such forms of ‘harassments’ in social media like Facebook when some women victims contacted me for help.I term this ‘harassment’ because at that time we had a newly amended Information Technology Act, 2000 (amended...

Supreme Court Orders And New Cattle Rules

The prevention of cruelty to Animals (Regulation of Live Stock Markets) Rules 2017 were notified by the central government in order to regulate the animal markets and curb trans-border smuggling of cattle. As per the notification no one can bring cattle to an animal market unless he or she has furnished a written declaration that cattle will not be sold for the purpose of slaughter. Even if the notification does not ban slaughter, it is likely to have a major impact on cattle slaughter across...

“See You In Court” Or “See You Out Of Court” ? A Burdened Judicial System; Can ADR System Be An Answer?- Part III

Mediation: The Indian Experience A non-adjudicative process where a neutral third party (“mediator”) assists the parties to a dispute to arrive at a mutually acceptable solution is referred to as Mediation. The mediator, an expert in the process of mediation, may require the assistance of lawyers in facilitating the process by imparting their legal expertise to the entire process. In India, mediation has been prevalent in informal avatars, but its formal integration with the judicial system has...

Consider ‘Wish’ And ‘Will’ Of People Of Locality Before Opening Liquor Shops: Madras HC To State [Read Judgment]

The attitude of the state is to be construed as 'pinching the child and swinging the hammock', the bench observed.The Madras High Court has urged the Tamil Nadu Government to revisit the entire policy in the matter of liquor prohibition by considering the 'will' and 'wish' of the larger sector of the society of each area in the matter of taking decision with regard to the establishment...

False Postal Receipts Of Legal Notices Are Derailing Suits: CIC [Read Order]

Information Commissioner Prof. M. Sridhar Acharyulu recently rapped postal authorities for issuing receipts without an official seal, observing that such practices were encouraging false receipts of legal notices to be issued.“The Commission finds that it is a small level fraud widespread all over the country causing serious loss to the parties discrediting the system of law and...

Tharoor Defamation Case: Show Facts, Can’t Call Him Names: Delhi HC Tells Arnab Goswami, Issues Notice

In a blow to the Managing Director of Republic TV Arnab Goswami, the High Court of Delhi has issued notice to him and his new news channel venture on a defamation suit filed by Former Diplomat and Congress MP Shashi Tharoor.“Bring down the rhetoric. You can put out your story, you can put out the facts. You cannot call him names. That is uncalled for,” Justice Manmohan was quoted as...

Ban On Trade Of Cattle For Slaughter, Does The Centre Have The Power?

Slaughtering the law, prevention of cruelty to animals, cruelty to humans.The Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017 were notified by the Central Government. Ostensibly to regulate animal markets all over India.The term ‘animal market’ is defined in Rule 2(b) as “a market place or sale-yard or any other premises or place to which animals are brought from other places and exposed for sale or auction and includes any lairage adjoining a market or a...