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Judiciary Has Emphasized Human Dignity As Constitution's Soul : CJI BR Gavai
The Chief Justice of India, BR Gavai,today stressed that human dignity cannot be seen as a fixed idea but is a fluid principle that connects the constitutional values of liberty, equality and justice. He opined that dignity is a 'normative lens' through which Courts have a better understanding of fundamental rights. Speaking at the 11th Dr LM Singhvi Memorial Lecture, the CJI emphasised that...
S.100 CPC | High Court Must Assign Reasons For Framing Additional Question Of Law In Second Appeals : Supreme Court Lays Down Principles
The Supreme Court on Wednesday (Sep.3) observed that it is mandatory for the High Courts to record reasons while framing an additional question of law which was not originally raised in a second appeal in a civil case.Proviso to Section 100(5) CPC grants power to the High Courts to frame an additional question of law, but this power cannot be routinely exercised, but only in...
Nothing Objectionable: Allahabad HC Rejects Plea To Stop Release Of 'Jolly LLB 3' Movie For 'Defaming' Legal Profession
The Allahabad High Court has dismissed a writ plea seeking action against the song 'Bhai Vakeel Hai' from the upcoming Bollywood film 'Jolly LLB 3'. It also rejected the prayer to restrain the movie's release on the grounds that it allegedly defamed the judiciary and legal profession. A Division Bench of Justice Sangeeta Chandra and Justice Brij Raj Singh categorically observed that...
Delhi High Court Upholds CRPF's Decision To Reject Company's Bid In Tender For Procuring Sniper Rifles, Ammunitions
The Delhi High Court has upheld the decision of Central Reserve Police Force (CRPF) rejecting bid of a company in a tender for procuring 200 Sniper Rifles along with day scope and 20,000 Lapua Magnum Ammunitions. A division bench comprising Justice Manmeet Pritam Singh Arora and Justice Rajneesh Kumar Gupta observed that matters relating to tender has to be minimal and to be exercised only if...
Delhi High Court Restrains “Vivoline” In Trademark Infringement Suit By US-Based Automobile Lubricant Manufacturer 'Valvoline'
The Delhi High Court has granted a permanent injunction in favour of US-based automotive lubricant manufacturer Valvoline in its trademark infringement suit against an Indian company selling similar products under the trade name 'VIVOLINE'.Justice Manmeet Pritam Singh Arora observed,“The Defendants have replicated the trade dress and overall representations of Plaintiffs' goods in respect...
State Can't Curtail Reformative Provisions Like Parole, Furlough In Name Of Disciplining Prison Inmates: Delhi High Court
The Delhi High Court today frowned upon the Delhi government for withdrawing a notification which prescribed that a punishment of warning imposed upon a prisoner shall not stand in his way of seeking furlough.Justice Girish Kathpalia observed that the said withdrawal was a “regressive step”, not consonant with the concept of reformation of the convict.“Authorities must keep in mind...
Constitution Can't Be Interpreted In A Manner Making Governors Unaccountable : Sibal To Supreme Court In Presidential Reference
On the seventh day of the Presidential reference hearing, Senior Advocate Kapil Sibal (for the State of West Bengal) urged that the Constitution must not be read in a way giving powers to the Governor which makes him unaccountable, as it is contrary to the constitutional scheme envisaged. He made this argument in the context of the submission of the Solicitor General on Article 361, that...
LiveLaw Academy Announces 5 Day Course on Framing of Charges and Judgment Writing
LiveLaw Academy is proud to announce its latest offering - a 5-Day Course on Framing of Charges and Judgment Writing, led by Justice K. Abraham Mathew (Retd.), Former Judge of the Kerala High Court.This course is designed to fill crucial gaps in legal education and training-the nuances and practical considerations in framing of charges and judgement writing. While the law schools equip you with an academic and theoretical framework of these concepts, they often fail to impart practical training...
State Can't Arbitrarily Classify Pensioners Of Homogenous Class Based On Cut-Off Dates For Granting Revised Pension Benefits : Gauhati HC
A Division bench of the Gauhati High Court comprising Justice Ashutosh Kumar and Justice Arun Dev Choudhury held that the classification among pensioners based on the date of retirement, when all retirees form a homogenous class and the pay revision is made effective from a particular date, is arbitrary and unreasonable. Further financial constraints cannot justify such...
Additional Documents Need Not Be Filed With Reply To Demand Notice U/S 8(2) Of IBC: NCLAT New Delhi
The National Company Law Appellate Tribunal (NCLAT), Principal Bench, New Delhi, comprising Justice Ashok Bhushan (Chairperson) and Barun Mitra (Member-Technical), has held that section 8 of the IBC doesn't allow placing on record any documents while responding to a demand notice, except the ones mentioned in sub-section 2. The appeal was filed challenging the impugned order passed...
'Authorities Must Have Their Say': Karnataka High Court Declines Interim Plea To Change Route For Ganesh Visarjan Procession
The Karnataka High Court on Wednesday (September 3) refused to consider the interim prayer made by an unregistered organisation to undertake the procession of immersion of Ganesh Idol through a particular route in Mandya District. Justice B M Shyam Prasad refused relief to petitioner Saamuhika Ganapati Visarjana Samithi. Senior Advocate Arun Shyam appearing for the petitioners relied on...