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02/04/2017

Uttarakhand HC Declares Air, Glaciers, Forests, Springs, Waterfalls Etc. As Legal Persons ...

According to the bench, any person causing any injury and harm, intentionally or unintentionally to the Himalayas, glaciers, rivers, streams, rivulets, lakes, air, meadows, dales, jungles and forests is liable to be proceeded against under the common law, penal laws, environmental laws and other sta...

12/03/2017

Ban Public Servants, MP/MLAs Practicing Other Professions: PIL In SC...

A public interest litigation has been filed in the Supreme Court to ban public servants, elected representatives and members of judiciary from simultaneously practicing other professions and declare it as criminal misconduct. The petitioner, a lawyer and BJP leader Ashwini Kumar Upadhyay has urged t...

24/02/2017

HC Can’t Discharge Functions of Appellate Authority over Decision of the Statutory Authority: MP HC...

A division bench of Madhya Pradesh High Court held this court cannot sit over the decision of statutory authority and discharge the functions of an appellate authority. The petitioner instead of approaching the higher authorities straight away moved the high court to challenge the decision of the di...

02/02/2017

Right To Private Defence Is Available Even When There Is Reasonable Apprehension Of Danger To Life...

Unrealistic to expect the appellant to ‘modulate his defence step by step’ with any arithmetical exactitude, the bench said. The Supreme Court, in Suresh Singhal vs. State, has held that a mere reasonable apprehension of danger to life is enough to put the right of self-defence into operation and it...

23/12/2016

Jammu and Kashmir HC quashes J-K’s order on weeding out so called ‘deadwood’

27/11/2016

Electronic Record Inadmissible If Section 65B Certificate Isn’t Produced: SC

The Supreme Court in Harpal Singh @ Chhota Vs. State Of Punjab, has reiterated that any electronic record in the form of secondary evidence cannot be admitted in evidence unless a certificate under Section 65B (4) of the Evidence Act is produced. In the instant case, the prosecution had produced pri...

23/10/2016

Uniform Civil Code Or Codified Personal Law?

In the background of a bunch of writ petitions filed before the Supreme Court, by some Muslim women’s organizations and individual victims, challenging the regressive and arbitrary practices of triple talaq, halala and polygamy among India’s Muslims, the Law Commission has come out with a questionna...

12/10/2016

Class Action Suits’ Under Consumer Protection Act Can Be Filed For The Benefit Of All The Consumers

The National Consumer Disputes Redressal Commission (NCDRC) has held that a complaint under Section 12 (1)(c) of the Consumer Protection (CP) Act can be filed only on behalf of or for the benefit of all the consumers, having a common interest or a common grievance and seeking the same/identical reli...

02/10/2016

PIL In Bombay HC Questions BCI Age Bar For Studying Law

A public interest litigation has been filed in the Bombay High Court challenging the Bar Council of India resolution and circular to revive Rule 28 of Schedule III of Part IV of the Bar Council of India Rules prescribing age limit for studying three-year and five-year LLB courses. The petition is fi...

19/09/2016

Why PILs On Specific Issues Should Not Take A Decade To Be Disposed?

Midday meals were being cooked in Lord Krishna Middle School in Kumbakonam on an unfortunate day in 2004. The building, housed more than 900 students in a crowded, thatched-roof building with a single entrance, a narrow stairway, windowless classrooms and only one entrance and exit. Dry coconut leav...

15/09/2016

10 Significant Guidelines Issued by Supreme Court on FIR

The Supreme Court of India Today in Youth Bar Association of India Vs Union of India and Others has issued 10 important Guidelines on First Information Report. The Bench comprising of Justices Dipak Misra and C.Nagappan has issued the following Guidelines (a) An accused is entitled to get a copy of…

13/09/2016

When I became a lawyer forty years ago, I joined an unusual chamber. There were two senior counsel heading and sharing it. And they were committed to each other in a relationship which didn’t need a legal cloak; they were open, honest and courageous about it. They were the late M.K.Ramamurthi and th...