Latest Legal News

Posted By vakil On Wednesday, February 18th, 2015 With 0 Comments

Supreme Court wants Government to make Juvenile Law More Deterrent

The Supreme Court of India asked the government to make all necessary changes in the current juvenile law in a bid to make it more deterrent and send a stronger message to the society that the life of a victim was equally important under the rule of law.

AIBA recommends Radical Reforms in Judiciary – Report

The All India Bar Association (AIBA) has suggested a series of radical reform in judiciary to boost its functional efficiency. The suggestions put forward by AIBA included, greater financial independence for judiciary, creation of four new Supreme Court benches, and videographing all court proceedings in order to ensure greater transparency.

Delhi Court draws similarities between Drunken Driver and Suicide Bombers Proposes Stringent Punishment

Calling drunken drivers not much different from suicide bombers set out to kill themselves and others on the road, a Delhi Court said that tougher and more stringent punishment were the need of the hour to curb rash and negligent driving.

Bar Licenses to stay only with Five-Star Hotels – Kerala HC

The Kerala High Court said it would not intervene in the new liquor policy brought in by the Congress government in power. This would essentially mean that all liquor bar hotel in the state, save those in five-star hotels, are set to become dysfunctional.

Worried over growing cases of rash driving SC asks for tougher punishment

Thousands of people lose their lives in road accidents every month in India and an overwhelming majority of those are caused by reckless and drunken driving. In fact, cases involving rash driving are increasing all over India at such an alarming rate that the Supreme Court is urging the lawmakers to consider enacting more stringent punishment for those found guilty of causing death through negligent and/or rash driving.

Appoint Prosecutors at the Earliest Possible – Delhi High Court to UPSC

The Delhi High Court asked the Union Public Service Commission (UPSC) to appoint Assistant Public Prosecutors in the lower judiciary to reduce the pendency of cases.

No compensation under WCI Act 1923 for deceased employee insured under ESI ACT 1948 – SC

The Supreme Court of India has ruled that employees insured under the Section 2 (14) of the Employee State Insurance Act, 1948 is not entitled to any compensation from the employer under the Workmen Compensation Act, 1923.

SC’s landmark decision to Protect Online Freedom of Speech

The Supreme Court of India delivered a landmark judgment to protect online freedom of speech (on the Internet). While doing so, the apex court scrapped a controversial law (Section 66A of the IT Act) that many termed as a major infringement of freedom of speech.

Govt approves 33 per cent Reservation for Women in Non-Gazetted Police Posts in UTs

The Union Cabinet of the Modi government, chaired by the Prime Minister himself, has approved 33 per cent reservation for women – horizontally and each category (OBC, SC, ST, and others) in direct recruitment in all non-gazetted Police Posts in all Union Territories including Delhi.

No Reservation for Jats Under OBC Quota – SC

In what could be termed as a massive setback to the erstwhile UPA government, the Supreme Court of India quashed the notification to include Jats in the Central list of reservation under OBC (other Backward Classes) quota.

Inter-Caste marriage turns sour on wedding day, Court unable to Intervene

In a one-of-its-kind incident, an inter-caste marriage that turned sour right on the wedding day has failed to draw any intervention from the judiciary. A Delhi court where the woman appealed for divorce has expressed its inability to intervene on the matter.

IRDAI counters SC power to hear appeals against SAT verdict  

The Insurance Regulatory and Development Authority of India (IRDAI) has vetoed the Supreme Court’s power to hear appeals against the judgments delivered by the Securities Appellate Tribunal (SAT) under its Insurance Marketing Firm (IMF) regulations for no-grant of fresh and renewal license to operate.

Delhi HC refuses to keep Live-In Relationships outside the Purview of Rape

The Delhi High Court has rejected a plea asking to keep live-in relationship between a male and a female outside the purview of rape under Indian Penal code (IPC). The HC argued that doing so would amount to granting such relationships the status of matrimony, which, it added, was something the legislature had chosen “not to do”.

Compromise with rape victim no ground for reducing penalty says SC

The Supreme Court of India ruled that the sentence awarded to the perpetrators of rape cannot be lowered even if a compromise is reached between the convict and the victim.

Demand for Money after three years into Marriage also comes under the ambit of Anti-Dowry Law

In a landmark judgment that could potentially have a far reaching impact on India’s war against medieval dowry practices, the Supreme Court of India has ruled that demand for money even after three years into marriage can come under the ambit of the Dowry Prohibition Act.

Supreme Court orders Special Benches to Fast track MP and MLA Poll Cases

Stating that it’s “most undesirable” to see an MP or MLA continue even for a day if they had been elected through illegal means, the Supreme Court of India asked new special benches to be formed in a bid to solve poll related cases against MPs and MLAs.

Indian Govt is inclined towards enforcing a more stringent internet policy – Report

A lot is talked about Web censorship in countries like China and Iran in the Indian media. However, now it seems like given a chance, the Indian government itself will opt for a much stricter Internet policy to regulate what the citizens are browsing.

SC refuses to Prejudice Reasoning by examining confessions in Malegaon Blast Case

The Supreme Court of India officially made its stand clear on the proceedings of the 2008 Malegaon blast case by stating that it would not prejudice its reasoning by examining the confessions made by the alleged accused.

Qualified wife cannot sit idle and demand maintenance from husband says Court

A well qualified wife who is capable of earning must not remain idle and harass her husband by claiming maintenance, said a family court while rejecting a woman’s plea for maintenance from her estranged husband. The court further added that a qualified and capable wife cannot take advantage of the laws even when she is wrong.

US allows spouses of H1B visa holders apply for work permit from May

As per existing laws, spouses of H1B visa holders, a large majority of whom are Indians, do not qualify for work permit. But following this new announcement, it has been confirmed that from May 26 onwards, the United States Citizenship and Immigration Services (USCIS) will start accepting application or work visas.

Supreme Court appoints New Bench for Tax and Criminal cases

The Supreme Court of India has formed a new special bench to hear taxation cases from March 9, 2015 onwards. The move has been taken in a bid to deal with a massive backlog of around 10,843 cases.

Supreme Court refuses to categorize Marital Rape as Criminal Offence

The Supreme Court of India on Tuesday rejected a plea filed by a woman asking marital rapes to be categorized as a criminal offence. The SC ruling categorically mentioned that the plea was for a “personal cause” and not public cause.

Husband’s illicit affair does not always amount to Mental Cruelty

In an important ruling that could affect the outcomes of numerous divorce pleas across the country, the Supreme Court has ruled that a husband’s illicit relationship with another woman may not always amount to “cruelty” towards his wife and hence cannot be seen as a ground for abetment of her suicide.

Supreme Court imposes limit on suspension of Govt Employees

A new ruling by the Supreme Court of India will ensure that no government employees can be kept suspended for over three months unless they are formally made aware of the charges against them.

SC panel recommends Ban on Alcohol sale on Highways

A Supreme Court panel on road safety led by retired judge KS Radhakrishnan has recommended ban on sale of alcohol on all national and state highways. The panel believes, the move will help drastically reduce cases of road accidents across the country.

New announcement by BCI brings relief for DU Law Graduates

The Bar Council of India (BCI) has officially stated that aspiring lawyers who passed out from Delhi University’s law faculty in the 2013-14 session can be enrolled as Advocates.

Court fee must be refunded in case of compromise-High Court

The Punjab and Haryana High Court has ruled that court fee must be refunded in all cases that end up in a compromise. The ruling by the HC is likely to save litigants a significant amount of money.

Declaration of Criminal Antecedents is Mandatory in Polls, Says Supreme Court

The Supreme Court of India on Thursday stated that the election of a candidate who is found to have concealed his or her criminal antecedents during the nomination procedures, are to be declared null and void.

Major setback for private developers in Noida and Greater Noida areas after SC upholds Allahabad High Court order

In what could be termed as a big relief for farmers based in the Noida and Greater Noida regions, the Supreme Court on Tuesday upheld the Allahabad High Court’s order that asked the government authorities to pay 64.7 per cent additional compensation to all those whose land was acquired.

Husband and Wife must file affidavits detailing income, assets, and expenditures during divorce proceedings
The Delhi High Court has ruled that during divorce proceedings, both the husband and the wife need to submit detailed affidavits of their earnings, assets, and expenses at the time of filing divorce or maintenance petitions.

Save Trees-Supreme Court to dump additional hardcopy printed Judgments or Causelists from Feb 1
In an effort to protect further damage to environment, the Supreme Court of India has decided not to use papers for issuing additional copies of judgments and causelists.

Block all sex determination ads, Supreme Court tell search engines
In an effort to crackdown on gender discrimination against unborn baby girls, the Supreme Court earlier this week issued an order asking Google, Microsoft and Yahoo to take all steps necessary for blocking sex determination ads.

Rehabilitation of crime victims is of utmost Importance-Supreme Court
The Supreme Court has ruled that the plight of the victims of a crime must not be overlooked even if the alleged perpetrators evade conviction owing to lack of evidence. In any case, the rehabilitation of crime victims holds as much importance as punishing the accused does.

Husband must not dodge liability to maintain Wife, rules Delhi Court
A husband cannot shrug off the responsibility to maintain his wife on the ground that she is qualified and competent enough to secure herself a suitable job, ruled a Delhi court while directing a man to pay monthly interim maintenance to his now estranged wife.

Hindi cannot be thrust as an official language for court proceedings-Govt
It is not possible to make Hindi an official language for conducting court proceedings in higher judiciary, the government told the Supreme Court earlier this week.

Home Ministry prepares to turn Electoral Bribery into a cognizable offence
This is largely being seen as the first poll reform endorsed and initiated by the Modi government. If the Union Home Ministry’s new draft on the matter is successfully induced in the government machinery, electoral bribery will soon be recognized as cognizable offence punishable under the Code of Criminal Procedure (CrPC).

New Draft for Income computation and Disclosure Standards under the Income Tax Act, 1961
Sub Section 145 of Income tax Act, 1961 provides that the incomes chargeable under the heads “Profits and gain of business or profession” or “ Income from other sources” shall be subject to the provisions of the Sub- section 2 be computed in accordance with either cash or mercantile system of accounting regularly employed by the assessee.

Non-Resident Indians may soon have Voting Rights
Merely days after adding more to the benefits to Persons of Indian Origin, the Government of India (GoI) is now believed to have given its consent to the recommendation of a committee that favored voting for Non-Resident Indians (NRI) through electronic means.

Prepare to face legal notice upon blocking an Ambulance on street
After a new circular was issued by the Delhi Traffic Police on Tuesday, obstructing the path of an Ambulance on city streets will now be seen as a serious offence that can potentially initiate legal action and a monetary fine of INR 2000/ or more.

National Judicial Appointment Commission challenged in Supreme Court
A former solicitor general has approached the Supreme Court challenging the somewhat controversial National Judicial Appointment Commission (NJAC) through a PIL (public interest litigation).

Jail inmates can have Sex with their Partners as long as they are Married-High Court
In what could be termed as a landmark judgment, the Punjab and Haryana High Court earlier this week allowed jail inmates to have sex with their partners as long as they were married and wanted to have a child.

Forcing Aadhar Card on the masses is violation of Supreme Court order
When Aadhaar was first introduced by the UPA-II regime amidst much hype and fanfare, there was another section in the populace that did not look too amused by the move.

Delhi High Court verdict brings relief to India’s singing community
A first step, a bold step – call it whatever you want, but the bottom line is that the India’s Singing Community now has a reason to feel optimistic about their fair share of royalties. On December 23, 2014, the Delhi High Court delivered a judicial order in favor of the Indian Signers’ Rights Association (ISRA).

Ordinance to Amend Arbitration Act
To make India more investor friendly, the Union Cabinet along with the recommendation of the Federation of Indian Chambers of Commerce and Industry (FICCI) to introduce ordinance to amend the existing Arbitration and Conciliation Act of 1996, which has not yet received the president’s assent.

Police not to brief Press as ruled by Madras High Court
The Madras High Court on January 01, 2015 has ordered that the police cannot brief the press conference regarding any sensational crime which is under investigation.

Ordinance passed on Land Acquisition Act
On 29 December 2014, the Union Cabinet approved the ordinance to amend the existing Land Acquisition Act to remove barriers which were slowing down the development projects of the government, and various states had complained of the difficulties in acquiring land for manufacturing purposes etc. for the boost of the economy.

President signs Coal and Insurance Ordinances
The Coal Mines (Special Provisions) Bill, 2014, was passed by the Lok Sabha, but could not be taken up for discussion in the Rajya Sabha due to which the government recommended a re-promulgation of the coal ordinance.

5 years experience a must to be a Supreme Court lawyer: BCI
With the new Certificate of Practice and Renewal Rules issued in 2014, the Bar Council of India (BCI) has stated that an advocate cannot start his/her practice in the Supreme Court unless they have atleast five year practice experience

RBIs strict rules for the Non-Banking Finance Companies
Reserve Bank of India (RBI) has tightened the rules for the Non-Banking Finance Companies (NBFC) on the systematic working between them and the banks.

RBI accused of rendering non performing assets as unconstitutional
In a new row, the Reserve Bank of India has been dragged to court by several promoters claiming that its prudential norms defy the right to equality under Article 14 of the Constitution of India.

Delhi High Court asks for infrastructure for judges
Delhi High Court has told the government and other agencies to make way for judicial officers in the nation’s capital, New Delhi. The court has ordered the centre and agencies to provide more court space

HC tells govt to spread awareness about Email and SMS scams
The Bombay High Court has asked the Maharashtra government to take adequate measures for spreading awareness about scams that target people through emails and mobile text messages.

HC asks govt to make sure Medical Services are not disrupted
Stating that denial of medical services for whatsoever reason is a grave violation of basic human rights, the Karnataka High Court has asked the governments, administrations and the medical fraternities

SC constitutes committees to tackle problem of mounting arrears
The Supreme Court of India has reportedly constituted two committees in an attempt to come up with viable measures to solve the problem of mounting arrears both in the apex Court and the High Courts.

Delhi HC questions why govt officials are using private email accounts
The Delhi High Court has asked the government why it was still allowing government officials to use private email accounts, adding that doing so amounts to violation of legal provision.

NGO fined for misusing PIL process
Delhi High Court has snubbed an NGO for misusing the PIL process while seeking action against Delhi Police for its alleged inaction in a rape case.

Court orders father to pay more maintenance to his minor son
In a landmark judgment, the Bombay High Court strongly opposed a businessman father’s attempt to wriggle out of his responsibility to provide the necessary maintenance to his minor son.

Police can lawfully arrest drivers for breath test, says Bombay High Court
The Bombay High Court ruled that drink driving tests conducted by on-duty traffic police on drivers is important and adequate as per existing laws.

SC examining plea by Nirbhaya’s family to treat juvenile serious offenders as adults
The parents of Nirbhaya (not her real name) – the young medical student who was fatally gang raped on December 16 last year by a group of five adults and one minor in the heart of Delhi – appealed to the Supreme Court to change laws so that juveniles are not automatically entitled to softer sentence.

Sahara Group plans to move SC for submitting property papers directly to banks
Sahara Group Chairman Subrata Roy, on Friday, announced that the company is moving the Supreme Court in order to enable the Sahara India Parivar to submit property documents directly to banks. Existing guidelines make it mandatory for the company to submit all property documents through the Securities and Exchange Board of India (SEBI).

SC says, bank fraud not just a civil dispute
he Supreme Court of India has set aside a Madras High Court judgment in the case Tamil Nadu Mercantile Bank Ltd vs State. After this decision by the apex court, trial courts are now allowed to proceed with the prosecution of former directors of the bank who allegedly colluded with managers of five different firms to commit fraud against the bank.

Apex Court asks SEBI to be strict with companies that indulge in manipulative practices
The Supreme Court has directed SEBI to act strict against any company that resorts to deceptive and manipulative tactics as part of their business strategy.

Final version of “Delhi Witness Protection Scheme” presented before Delhi High Court
In a bid to ensure safety and security of witnesses from “high-profile” accused, the city government on Wednesday presented before the Delhi High Court its final version of the “Delhi Witness Protection Scheme”.

Delhi HC asks Center to explain its stand on plea for free treatment at AIIMS
Delhi High Court has sought response from the central government, Delhi government and AIIMS on a plea filed by a rickshaw puller who wants free treatment for his 7 year old son – a victim of Gaucher’s disease.

Police must register FIR in cognizable offence, says Supreme Court
The Supreme Court on Tuesday ruled that police are mandatorily required to register FIR when approached by complainants willing to report a cognizable offence

Adultery can be a reason for granting divorce, says Bombay High Court
The Bombay High Court on Monday upheld a family court verdict granting divorce to a man whose wife failed to produce proof that her second child was the husband’s biological son. The court’s decision came after it had noted how the wife refused to go through a DNA test.

Supreme Court asks for response from DoT on child pornography
The Supreme Court of India has issued a notice to the Department of Telecom (DoT), seeking a response on how it plans to block porn websites, especially those that promote child sex abuse.

Supreme Court rejects plea to review verdict on convicts in election
In a major setback for the government, the Supreme Court of India on Tuesday dismissed its plea to review an earlier verdict holding that jailbirds can not contest elections during their incarceration.