Delhi Legal

22/07/2020

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*INSIGHTS INTO INSOLVENCY & BANKRUPTCY CODE*
Date: 26th July 2020, Sunday
Time: 4:00 PM (India Time)

ORGANISED BY: *G & J Legalities* in association with *NCLT & AT Bar Association* and *Rouse Avenue Court Bar Association*

*SPEAKERS*
*Mr. Virendra Ganda*, Senior. Advocate and President, NCLT & AT Bar Association
*Mr. Ajay Kumar Jain*, Advocate, Independent Director, IPA-ICAI

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30/08/2019

Judicial Service-A Candidate Applied For General Category Cannot Subsequently Claim Seat Reserved For Disabled Candidate:SC [Read Judgment]

'The claim under the PWD category should have been made in the application and the disability certificate should have been produced along with the application'

30/08/2019

[Ayodhya Hearing][Day 14]: Babur Neither Visited Ayodhya Nor Constructed Mosque By Demolishing Temple: Hindu Body Tells SC

Mughal emperor Babur neither visited Ayodhya nor ordered demolition of the temple to construct a mosque in 1528 at the disputed Ram Janmbhoomi-Babri masjid site, a Hindu body claimed before the...

30/08/2019

https://www.livelaw.in/top-stories/inx-media-sc-to-pronounce-orders-on-chidambarams-bail-plea-transcripts-interrogation-summoned-147585

The Supreme Court bench of Justices R Bhanumati and A S Bopanna on Thursday reserved orders on the petition filed by former Union Finance Minister P Chidambaram against the August 20 judgment of the...

30/08/2019

11-Judge Bench of Patna HC Stays Justice Rakesh Kumar's Order On Corruption in Judiciary

In an unprecedented action, an 11-judge bench of the Patna High Court on Thursday 'suspended' an order passed by a single judge which was critical of the judiciary.The bench, led by Chief Justice A P...

02/08/2019

MV Act 2019

27/09/2018

Aadhaar Mandatory For Govt Subsidies & PAN After SC Upholds Its Validity By 4:1 Majority...

The necessity of Aaadhar after the Supreme Court judgment upholding its validity by 4:1 majority is for availing government subsidies and benefits, and for filing income tax returns. Government Services & Benefits The majority judgment of Justice Sikri(for himself, CJI Misra and Justice Khanwilkar) and Justice Ashok Bhushan upheld the validity of Section 7 of the Aadhaar Act, which held that Government can insist on identity authentication by Aadhar for grant of subsidies and benefits.

31/05/2018

Madras High Court Directs To Ban Homework For Class I And II Students In All Schools In The Country, Also To Reduce The Weight Of Schools Bags.

Madras High Court on Tuesday directed the Centre and States to prohibit homework for Class 1 and Class II students in all schools (including CBSE) in the Country.

The Court also directed the Government to direct the State Governments forthwith, not to prescribe any other subjects except language and Mathematics for Class I & II students and language, EVS and mathematics for Class III to V students as prescribed by NCERT.

The Court also directed the Centre to directs the State Governments and Governments of Union Territories forthwith to formulate "Children School Bag Policy" reducing the weight of the School bags in the line of guidelines issued by either State of Telangana or State of Maharashtra

Justice N Kirubaran was hearing a petition filed by M. Purushothaman, a practicing advocate challenging the circular issued by the CBSE, dated 29.07.2017 and further direct the respondents viz., Department of School Education and Literacy Human Resource Development Ministry, Government of India; National Council for Educational Research and Training (NCERT) to require the CBSE schools to buy books published by NCERT alone and not the books published by private publishers.

“…..many experts find that homework is beneficial only to older kids whereas young children are notably lacking in “executive control”, the ability to concentrate, to follow directions, to control impulses and keep the details in mind. Therefore, it is unrealistic to expect the KG students, first and second class students to do homework, assignment on their own and homework to class I and II children have to be prohibited”.

The Court has issued the following directions;

(a) Direction to the respondents, especially the respondents 3, 4 and 5 to prohibit CBSE schools from prescribing any homework to Class I and II students.

(b) Direction to the respondents 3 and 4 to constitute flying squads to randomly verify that Class I and II children are not given homework.

(c) Direction to the first respondent/Union Government to direct all the State Governments and union territories forthwith, not to prescribe any homework for Class I & II students in the State Board/Matriculation/Anglo Indian schools.

(d) Direction to the first respondent/Union Government to direct the State Governments forthwith, not to prescribe any other subjects except language and Mathematics for Class I & II students and language, EVS and mathematics for Class III to V students as prescribed by NCERT.

(e) Direction to the respondents to disaffiliate schools prescribing homework and non-prescribed subjects for Class I and II students and class III to V students.

(f) Directions to the respondents especially, respondents 3 to 5 to prescribe and use NCERT books alone as per CBSE circular dated 09.08.2017 and other circulars.

(g) Direction to the Union Government to formulate a policy forthwith in the lines of “The Children School Bags (Limitation on Weight) Bill, 2006".

(h) Direction to the Union Government, the first respondent herein to direct the State Governments and Governments of Union Territories forthwith to formulate "Children School Bag Policy" reducing the weight of the School bags in the line of guidelines issued by either State of Telangana or State of Maharashtra.

(i) Direction to the Union Government, the first respondent herein to direct the State Governments and Governments of Union Territories forthwith to form special squads to inspect the schools and prevent the use of non-prescribed books.

(j) The respondents are directed to issue circulars to the schools incorporating the orders of this Court forthwith and file a report within four weeks.

The Court also observed that children are the assets of our nation.

“They have to be nurtured properly and taught age-appropriate education which would foster creativity in the minds of younger children. The level of education has to be balanced as per the age and ability of the child giving enough scope for holistic overall development of the child which includes play and social skills. Any attempt to thrust unnecessary subjects over and above the subjects prescribed by NCERT would definitely affect the mind and health of the children causing fear, anxiety, stress in their minds and in the minds of parents. Therefore, this Court has to issue directions safeguarding our children. The directions are to be effected from the academic year 2018-19 onwards. Any attempt to violate the order of this Court would be viewed very seriously as it affects the young children and our nation”.

School Bags

The Court observed that the school bags are made very heavy causing health hazards to the Children. Children are made to carry books and notebooks unnecessarily. No stakeholder is interested to look into the issue. Only States of Telangana and Maharashtra took serious note of this pressing issue and issued appropriate guidelines restricting the weight of school bags.

“Therefore, there shall be a direction to the first respondent/Central Government which shall direct the State and Union Territories to take a policy on "School bags" and issue guidelines in the lines of “The Children School Bags (Limitation on Weight) Bill, 2006" reducing the weight of the school bags, according to the class”.

15/12/2017

“Several Women In Tihar Jail Are Wrongly Undergoing Trial For R**e And Voyeurism”: NLU-D Professors Inform Delhi HC.

The Delhi High Court was recently informed that several women prisoners in Tihar Jail are undergoing trial for offences such as r**e under Section 376(1); kidnapping with r**e; gang r**e; kidnapping with gang r**e and voyeurism under Section 354(c) of the Indian Penal Code. The submissions were made by Prof. Mrinal Satish and Dr. Aparna Chandra from National Law University, Delhi, who are assisting the Court in a suo motu Petition initiated pursuant to a letter received from Supreme Court Judge, Justice Kurian Joseph. Justice Joseph had received an appeal from 612 women prisoners from Tihar Jail, complaining of overcrowding in Jail No. 6 where they were lodged, delay in disposal of their cases and their non-release on bail if they are unable to fulfill conditions.

15/12/2017

SC Tells States To Ensure Special Courts For MP, MLA Cases Are Functional By March 2018.
List the matter on 7th March, 2018 by which time the Special Courts (12 in number) will be expected to be get functional in the light of the directions aforementioned. On the said date the main issue arising in the proceedings will also be taken up. Giving a go ahead to the Centre in setting up special courts to deal with cases against MPs and MLAs, the Supreme Court has ordered all 12 proposed fast track courts to be operational by March 2018. A bench of Justices Ranjan Gogoi and Navin Sinha also granted two months’ time to the Centre to collect information from different agencies about the cases pending against the elected representatives across the country.The bench also directed the Centre to proportionately allocate forthwith the fund of Rs 7.80 crore, earmarked by the government to set up fast track courts, to the states where the courts are to be set up.