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...

6 New Judges Appointed to Bombay High Court Including AG Rohit Deo

Sixt new judges have been appointed to the Bombay High Court. Current Advocate General of Maharashtra Rohit Deo is one of the appointees.Other names include current public prosecutor Sandeep Shinde, Government Pleader Bharti Dangre, Manish Manish Pitale, Sarang Kotwal and Riyaz Chagla.The High Court has a sanctioned strength of 94 judges, with these appointments the total number of sitting...

Why Prevention Of Cruelty To Animals (Regulation Of Livestock Markets) Rules 2017 Is Unsustainable In Law?

When the parent Act expressly permits slaughter of animals for food, how can the Rules impose a ban on sale of cattle for slaughter? When slaughter for food is not prohibited by the parent Act, how can the Rules impose ban of sale for slaughter? This is the apparent anomaly of the Rules that makes it ultra vires the parent Act. The Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules 2017 notified by the Central government, with effect from 23.05.2017, is unsustainable in law...

Over 60 MPs Make Fresh Plea To Impeach Justice Nagarjuna Reddy

A fresh motion seeking impeachment of Justice Nagarjuna Reddy of the High Court of Andhra Pradesh and Telangana has been moved by 60 members of the Rajya Sabha cutting across party lines.This is the second attempt made by the members of the Upper House to remove the Judge, after the first attempt had failed in December last year, upon withdrawal by 19 signatories.According to the...

Taking Cognizance of Offence, The Disillusionment Still Continues

THE CONUNDRUM What are the courses open to a Magistrate, when he receives a complaint, wherein more persons than the one are made as accused and when he finds that the allegation against some of them is sufficient for further proceedings and insufficient as against the others? What happens, if his judicial mind impels him to take a decision to proceed against some selected accused against whom allegations are sufficient and to abstain from doing his action against the others, to whom the...

Cabinet Approves Abolition Of Foreign Investment Promotion Board (FIPB)

Union Cabinet headed by  Prime Minister Narendra Modi has given its approval to abolish Foreign Investment Promotion Board (FIPB).The proposal entails abolishing the FIPB and allowing administrative Ministries/Departments to process applications for FDI requiring government approval.Presently, applications are considered by FIPB in Department of Economic Affairs (DEA), Ministry of...

MP HC Acquits Man 10 Years After His Death [Read Order]

In an important order, a single bench of Madhya Pradesh High Court has acquitted a deceased person from charges under sections 294 and 506 II of IPC due to lack of evidence.Imart Singh had filed a criminal revision in the high court challenging his conviction under these sections of IPC.He died on 25.6.2006, while his criminal revision was pending in the high court.Later, the legal...

CIC Refuses To Direct RBI To Disclose Defaulters And NPAs List, Awaits SC Verdict [Read Order]

A full-Bench of the Central Information Commission recently refused to direct the RBI to disclose list of defaulters and non-performing assets, in view of a similar issue being under consideration before the Supreme Court in the case of Centre for Public Interest Litigation v. Housing and Urban Development Corporation Ltd. & Ors., WP(s) (C) No 573/2003.The CIC Bench, comprising...

Scope Of Privacy Of ‘Public’ Servant: An Analysis Of Girish R Deshpande Vis-A-Vis Other Binding Precedents

The privacy of public servant is becoming a highly contentious issue since the advent of Right to Information Act, 2005 enabling citizen to seek information about public authorities and their officers.  An employee of the state is legally defined as public servant and every citizen will be a virtual employer in electoral democracy. Can privacy hamper the regime of transparency and scrutiny of public conduct of the public servant? If government employees privacy is limited, to what extent?  The...

Do Not Kiss, Fondle Or Sleep Alone With Children: Centre’s Manual On “Living Conditions In Institutions For Children In Conflict With Law”

The Ministry of Women and Child Development has developed a manual titled “Living conditions in Institutions for Children in conflict with Law”, in conformity with the Supreme Court decision in the case of Re-inhuman conditions in 1382 prisons, WP (C) 406 of 2013. The Court had, in February, 2016, directed the Centre to prepare a manual similar to the Model prison Manual being prepared...