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Blog: India Legal News

Blogger: Dineshrai Dwivedi
The Supreme Court on Tuesday laid down a constitutional principle where aggrieved parties can seek from appropriate court the postponement of the publication of court hearings and a decision taken on a case-by-case basis. The court, however, refrained from framing broad guidelines for reporting of sub-judice court matters, saying it cannot be done "across the board." The bench observed that freedom of speech and expression is not an absolute right under the Constitution and the journalists should understand the 'lakshman rekha' so that they do not cross the line of contempt. A five-judge bench headed by Chief Justice SH Kapadia said it was laying down the constitutional principle w... Read more
clicks 207 View   Vote 0 Like   11:59am 11 Sep 2012
Blogger: Dineshrai Dwivedi
1inShareShare on TumblrAn Indian maid, who had accused her former employer, an IFS officer, and her husband of harassment and "slavery", has received a favourable ruling from a US court, which approved her petition that she be awarded $ 1.5 million as compensation by the couple.In his order, US District Judge Victor Marrero "adopted in entirety" the report of US Magistrate Judge Frank Maas in which Maas had recommended that Shanti Gurung be paid 1.5 million dollars as compensation for the "barbaric treatment" and "emotional distress" Neena Malhotra and her husband Jogesh Malhotra caused her when she was employed as their domestic help for three years since 2006."The application of p... Read more
clicks 233 View   Vote 2 Like   2:19am 22 Mar 2012
Blogger: Dineshrai Dwivedi
A woman cannot be evicted from the matrimonial home after divorce except through procedure established by law, as there is no provision for her automatic eviction, the Supreme Court has ruled. A bench of justice GS Singhvi and justice SD Mukhopadhyay, in a judgment, said though a woman may not have a legal right to continue in the house of the ex-husband, yet the latter cannot forcibly evict her. The court gave the ruling while upholding an appeal filed by Ranjit Kaur challenging the decisions of the Punjab and Haryana HC which had upheld her eviction from the house of a disputed property upon a decree of divorce granted to the husband Major Harmohinder Singh, an army officer. “...even t... Read more
clicks 198 View   Vote 0 Like   3:56am 22 Nov 2011
Blogger: Dineshrai Dwivedi
Communist Party of India (Marxist) leader M.V. Jayarajan, who was found guilty of criminal contempt by the Kerala High Court for criticising the judiciary and sentenced to six months' simple imprisonment and a fine of Rs.2,000, has challenged the judgment before the Supreme Court. In his appeal, filed by advocate P.V. Dinesh, Mr. Jayarajan maintioned that he never meant to denigrate the institution or judges. He was only making a fair criticism, absolutely bona fide, but it was misunderstood as an attitude of stubbornness on his part. His endeavour to establish that his alleged act was never an act of disobedience or challenge to the authority of law and judges was not properly appreciated... Read more
clicks 216 View   Vote 0 Like   3:32am 13 Nov 2011
Blogger: Dineshrai Dwivedi
Former Supreme Court judge Ruma Pal described the increasing tribunalisation (the executive decision to set up specialised tribunals) as a serious encroachment on the judiciary’s independence. The judiciary, she said, had been “timorous” in not fighting these tribunals that force it to share its adjudicating powers with the executive. Pal, a widely respected jurist said that “The process of appointment of judges to the superior courts was possibly the best kept secret of the country. The criticism of appointments by the executive to the judiciary applied equally well to appointments made by judges to the judiciary.” The “mystique” of the process, the small base from whi... Read more
clicks 239 View   Vote 0 Like   3:25am 11 Nov 2011
Blogger: Dineshrai Dwivedi
Setting the stage for a confrontation with the judiciary, Kerala’s opposition Communist Party of India (Marxist) on Wednesday called mass protests against the high court verdict sentencing party leader M V Jayarajan to six months imprisonment in a contempt of court case. The decision to wage a political fight against the judiciary was announced by party secretary Pinarayi Vijayan after visiting Jayarajan, a member of the party secretariat, at the Poojappura Central jail here along with former home minister and deputy leader of opposition Kodiyeri Balakrishnan. Activists of the CPM and the party’s mass and class organisations will be staging demonstrations in front of the high court at ... Read more
clicks 203 View   Vote 0 Like   3:13am 10 Nov 2011
Blogger: Dineshrai Dwivedi
Even as the Kerala High Court's decision on legislation allowing roadside meetings is pending, CPM state secretariat member M V Jayarajan was shown no mercy by the court on Tuesday, imposing the highest punishment possible for contempt of court for calling a high court judge, who banned roadside meetings, an idiot (sumbhan) in Malayalam. The division bench of Justice V Ramkumar and Justice P Q Barkath Ali sentenced Jayarajan to six months of simple imprisonment along with a fine of Rs 2,000, which is the maximum punishment for contempt of court allowed under Section 12 of The Contempt of Courts Act, 1971. Suo moto proceedings were initiated by the high court against Jayarajan after he rid... Read more
clicks 210 View   Vote 0 Like   2:23am 9 Nov 2011
Blogger: Dineshrai Dwivedi
On Thursday the Constitutional Court heard a case involving this balance. Slightly surprisingly, several of the judges appeared to be standing up for the rights of the landlord. Yes really. STEPHEN GROOTES was in the public gallery. We at the Daily Maverick have a proud interest in the creation of capital. We like to discuss, think about and examine how wealth can be created. We believe, strongly, that part of the foundation to this process is property rights. This is why we have such a strong interest in the balance between the rights of landlords, and the rights of tenants. I, personally, believe that this balance is currently heavily tilted towards tenants, in a way that is destructive to... Read more
clicks 182 View   Vote 0 Like   5:42pm 4 Nov 2011
Blogger: Dineshrai Dwivedi
The Bombay high court has set aside the order of the Mumbai Debt Recovery Appellate Tribunal in the sale of the Mysore unit of Jay Electric Wire Corporation, now closed, and asked the recovery officer to issue public advertisements inviting fresh bids. The earlier sale was challenged by the employees’ union, Central Bank of India and Standard Chartered Bank, who were secured creditors. According to them, the sale did not fetch fair market value and was vitiated by irregularities. Allowing their writ petitions, the court observed that “it is necessary that the sale process must be conducted with transparency and in accordance with law. In the present case, we find that the element of tran... Read more
clicks 200 View   Vote 0 Like   2:26am 24 Oct 2011
Blogger: Dineshrai Dwivedi
Recently Prime Minister Manmohan Singh indicated the government's plan to introduce labour reforms with “consensus.” This statement assumes significance as the labour unrest in Maruti Suzuki India Limited plants near Delhi had forced the management to declare two days shutdown. Dr. Singh, affirmed the government's commitment to do “everything possible to ensure good industry-labour relations.” He said:“Recently we have witnessed some incidents of industrial unrest. This is a matter of serious concern to me and I believe we need to address this issue with alacrity and sincerity. “Workers and management had a symbiotic relationship and both sides should work in a spirit of coll... Read more
clicks 207 View   Vote 0 Like   1:30pm 22 Oct 2011
Blogger: Dineshrai Dwivedi
The Labour Ministry is making efforts to extend all benefits available to permanent workers to contract workers, keeping in mind the interests of all stakeholders. This was stated by the Union Labour and Employment Minister, Mr Mallikarjun Kharge, at the Standing Labour Committee meeting here on Monday. Mr Kharge was responding to the demand of trade unions to amend the Contract Labour Act, 1970 to provide for automatic absorption of contract labour in the event of prohibition of employment of contract labour and opposition by employers' organisations. On the issue of trade union ‘recognition', especially in the backdrop of the Maruti unrest, Mr Kharge said “the present system of verifi... Read more
clicks 210 View   Vote 0 Like   3:09am 22 Oct 2011
Blogger: Dineshrai Dwivedi
Judges should not shy away from constructive criticism of their actions and decisions as such review leads to the development of law, Chief Justice of India S.H. Kapadia has said. Chief Justice Kapadia said this here Tuesday while releasing a book, "The Kesavananda Bharati case: The untold story of struggle for supremacy by the Supreme Court and Parliament", written by eminent jurist T.R. Andhyarujina. "We judges are not afraid of constructive criticism of our actions and decisions by the bar," Chief Justice Kapadia said. He regretted that senior counsel are too engaged in their professional pursuits to pay attention to the development of statutory and constitutional law. He declined to... Read more
clicks 239 View   Vote 0 Like   4:59pm 19 Oct 2011
Blogger: Dineshrai Dwivedi
India's Formula One ambition has hit its first hurdle just two weeks ahead of the first Indian Grand Prix. The Supreme Court sought explanation from the Uttar Pradesh government for granting tax exemption to Jaypee group, the company organising Formula 1 event in Greater Noida. A bench headed by Justice D K Jain also issued notice to Jaypee Group, organiser of the sporting event, and asked them to file their response by Friday on why the event was given exemption from entertainment tax. The notices were issued by the apex court on the basis of a public interest litigation (PIL) which challenged the exemption of entertainment and luxury tax for organising the F1 event. The court passed the o... Read more
clicks 202 View   Vote 0 Like   1:34pm 18 Oct 2011
Blogger: Dineshrai Dwivedi
A 13-judge Bench of the Supreme Court, the largest so far, decided the Kesavananda Bharati case after hearing arguments by eminent lawyers spread over 66 days. The judgment, delivered by a majority of 7:6 on April 24, 1973, held that Parliament could not alter the basic structure of the Constitution by an amendment. Chief Justice of India S.H. Kapadia will release a book dealing with this case at a function here on October 18. The senior advocate and former Solicitor- General, T.R. Andhyarujina, has written the book, explaining the culmination of a struggle for supremacy over the power to amend the Constitution between Parliament and the government on the one hand, and the Supre... Read more
clicks 244 View   Vote 0 Like   4:30am 17 Oct 2011
Blogger: Dineshrai Dwivedi
The Supreme Court has suggested that the Negotiable Instruments Act, 1881, could be amended so that a convict in a cheque bounce case is made to pay a fine from which the complainant can be paid a compensation. "One other solution is a further amendment to the act so that in all cases where there is a conviction, there should be a consequential levy of fine of an amount sufficient to cover the cheque amount and interest thereon, at a fixed rate of 9 percent per annum, followed by award of such sum as compensation from the fine amount," said the apex court bench of Justice R.V. Raveendran (since retired) and Justice R.M. Lodha in a recent judgment. Speaking for the bench Justice Raveendran ... Read more
clicks 222 View   Vote 0 Like   7:30pm 16 Oct 2011
Blogger: Dineshrai Dwivedi
The Supreme Court ruled that the female inheritors would have succession rights and the same liabilities fastened on the property along with the male members. A Hindu woman or girl will have equal property rights along with other male relatives for any partition made in intestate succession after September 2005, the Supreme Court has ruled. A bench of justices R. M. Lodha and Jagdish Singh Khehar in a judgment said that under the Hindu Succession (Amendment) Act, 2005, the daughters are entitled to equal inheritance rights along with other male siblings, which was not available to them prior to the amendment. The apex court said the female inheritors would not only have the succession rig... Read more
clicks 228 View   Vote 0 Like   1:00am 16 Oct 2011
Blogger: Dineshrai Dwivedi
The Punjab and Haryana high court on Thursday directed that there would be no sit-in strike within 100 meters of the premises of Maruti Suzuki's factory at Manesar. Justice Surya Kant of high court issued further directions that striking workers on dharna (sit-in protest) in the factory be taken out. He also directed that the loyal workers be allowed to join their duties and those on strike should not be allowed to stop them. The court's directions came on a petition filed by Maruti Suzuki, seeking the declaration of ongoing strike by its workers as illegal. Thursday was the seventh day of the strike. Justice Kant further directed that Gurgaon police commissioner will decide the place ... Read more
clicks 192 View   Vote 0 Like   9:57am 15 Oct 2011
Blogger: Dineshrai Dwivedi
The Supreme Court has ruled that offenses under the Customs Act and the Central Excise Act are non-cognisable and bailable. In non-cognisable offenses, the police have no authority to arrest a person without warrant. The central government argued in the case of Choith Harchandani vs Union of India, that the offenders under these two laws were not entitled to bail, quoting the Criminal Procedure Code. The court rejected the government’s arguments and allowed the appeals of the alleged offenders about arrest and bail. There were several appeals from high courts in excise and customs cases. All the offenders under these two laws were ordered to be released.... Read more
clicks 207 View   Vote 0 Like   7:52pm 9 Oct 2011
Blogger: Dineshrai Dwivedi
In exercise of the powers conferred by the sub-section (2) of section 5 of the Press Council Act, 1978 (37 of 1978), the Central Government today notified the nomination of Justice Markandey Katju, retired judge of the Supreme Court of India as the Chairman of the Press Council of India. Justice Markandey Katju was born on Sept. 20, 1946. His background is noteworthy because of his family’s achievements in the fields of Law and Politics. His father late Justice S.N. Katju, was a former judge of the Allahabad High Court and his grandfather Dr. Kailash Nath Katju was one of India’s leading lawyers and participated in the country’s freedom movement. Dr. K.N. Katju was the Chief Minister... Read more
clicks 187 View   Vote 0 Like   1:12pm 9 Oct 2011
Blogger: Dineshrai Dwivedi
The parliamentary panel examining the Lokpal Bill has sought the views of former Chief Justices of India MN Venkatachaliah and JS Verma on setting up an anti-corruption ombudsman. Venkatachaliah and Verma have been invited for recording their views on the Lokpal before the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice at its meeting to be held in the next 8-10 days.Venkatachaliah was the Chief Justice of India between 1993-94 and also headed the National Commission to review the working of the Constitution.He has reportedly said that any Lokpal set-up has its own limitations and would survive only if it takes into account the need to strengthen every othe... Read more
clicks 212 View   Vote 0 Like   6:52pm 6 Oct 2011
Blogger: Dineshrai Dwivedi
The Portuguese High Court’s decision to revoke underworld don Abu Salem’s extradition to India is being viewed as downright illegal by the legal wing of the CBI, which has contested the decision at the Supreme Court in Lisbon. In its appeal in the Portuguese Supreme Court, the CB has contended that there was no violation of rules during Salem’s trial in different cases in India. Officials here said that there was no question of sending back such a hard-core terror mastermind back to Portugal when legal process was still on against him in India in as many as nine cases. Maharashtra Chief Minister Prithviraj Chavan said that he would take up the issue of cancellation of Salem’s extrad... Read more
clicks 212 View   Vote 0 Like   3:09am 5 Oct 2011
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