Page 24 - Law

Assam govt to introduce bill in state assembly to ban polygamy: CM Sarma

"We will finalize the Bill in the next 45 days. I think I will be able to introduce the Bill in the assembly in December this year", said Himanta Biswa Sarma, CM, Assam

US Judge cancels class-action lawsuit won by users against Google

The ruling, which is yet to be finalized, would dramatically reduce potential damages facing Alphabet Inc. over claims that Google Play abuses its control over Android mobile applications

By enacting Article 35(A), you virtually took away fundamental rights: CJI

Chief Justice of India D Y Chandrachud on Monday observed that by enacting Article 35A, fundamental rights of equality, liberty to practice profession in any part of the country and others were virtually taken away. He made the remarks after Solicitor General Tushar Mehta, appearing for the Centre, referred to the contentious provision in the Indian Constitution, saying it gave special rights to only permanent residents of the erstwhile state and was discriminatory. Without naming the two mainstream political parties of the erstwhile state, the Centre told a five-judge bench headed by CJI Chandrachud that citizens have been misguided that the special provisions for Jammu and Kashmir were "not discrimination but a privilege". "Even today two political parties are before this court defending Article 370 and 35A," the solicitor general told the top court on the 11th day of hearing the litany of pleas challenging the abrogation of the constitutional provision which bestowed special stat

Both parents responsible for child maintenance, not just father: HC

A single judge bench in Uttarakhand High Court observed that in cases of divorce both parents shared responsibility over a child

BJP MP seeks steps to act on those involved in subversive activities abroad

A BJP MP on Friday called for legal provisions to act against those involved in vandalising Indian assets and insulting its flag abroad at a parliamentary panel meeting here to debate three proposed laws to replace the IPC, CrPC and the Indian Evidence Act. With members of the Standing Committee on Home Affairs offering a host of suggestions, its Chairperson Brijlal asked them to submit their views in writing in 15 days, drawing protest from Digvijay Singh of the Congress who claimed it was a short period to study such a complex issue, sources said. Citing recent targeting of Indian embassy and consulate by Khalistani separatists, BJP member Dilip Ghosh suggested that legal measures should be put in place to act against those involved in such activities as he noted that some of them are Indian passport holders as well, sources said. The national flag is also disrespected by them, he added. These incidents insult the country and pain Indians, he said during the deliberation on the ..

Criminal case accused under obligation to stand for test identification: SC

A person accused in a criminal case is under obligation to go for a test identification parade (TIP) during an investigation under the Code of Criminal Procedure and it does not violate any constitutional right, the Supreme Court has held. A bench comprising Justices M M Sundresh and J B Pardiwala made the observation in a judgment by which it dismissed the appeal of a convict in a murder case. The top court said the TIP does not violate the fundamental right of an accused under Article 20(3) of the Constitution which provides that no accused can be compelled to be a witness against himself. The bench said that merely taking part in the TIP does not amount to becoming a witness against himself. "We are of the view that after the introduction of Section 54A in the CrPC referred to above, an accused is under an obligation to stand for identification parade. An accused cannot resist subjecting himself to the TIP on the ground that he cannot be forced or coerced for the same," the benc

Will strengthen 2018 guidelines to curb hate crimes in country: SC

The Supreme Court Friday said it will strengthen its 2018 guidelines for dealing with mob violence, hate speeches and lynching to ensure that culprits are dealt with equally, irrespective of their communities for their public utterances spreading bigotry. In a significant verdict on a plea by activist Tehseen Poonawalla, the top court had on July 7, 2018 issued a slew of guidelines to curb hate crimes, and directed states and union territories to take preventive and remedial measures like appointment of nodal officers in each district to keep a tab on such activities. The top court on Friday asked the Centre to collate details from states and UTs on compliance of its 2018 verdict in three weeks. The court asked the central government to inform it on the next date of hearing if the information is not received by then. A bench of Justices Sanjiv Khanna and SVN Bhatti asked the Ministry of Home Affairs to file a status report giving details of appointment of nodal officers by the state

SC permits Delhi govt to amend petition to challenge services law

The Supreme Court on Friday permitted the Delhi government to amend its petition challenging the recently cleared law by Parliament pertaining to control over services in the national capital. The top court took note of the submissions of senior advocate Abhishek Singhvi, appearing for the Delhi government, that earlier the challenge was directed against the Ordinance which has now become law after clearance from Parliament. A bench headed by Chief Justice D Y Chandrachud permitted the amendment to the petition as the Centre said it has no objection to it. The bench granted four weeks time to the Centre to file its response to the amended plea. Parliament recently cleared the Government of National Capital Territory of Delhi (Amendment) Bill 2023, also known as the Delhi Services Bill, paving way for the Centre's proposed legislation on the postings and transfers of bureaucrats in the national capital, despite a bitter debate in the House and Opposition's attempt to stop it. Prior

IPC, CrPC and Indian Evidence Act would be Indianised: Law minister Meghwal

"We need to think the Indian way and that is why the Home Minister has introduced these bills in Parliament recently" the minister said

Struggling to stay afloat: SpiceJet to HC as it was ordered to pay ex-owner

In a Delhi High Court hearing on Thursday on Maran's case demanding the dues, SpiceJet said it was struggling financially

Maternity benefits integral part of woman's identity and dignity: Delhi HC

Maternity benefits are a fundamental and integral part of the identity and dignity of a woman who chooses to bear a child, the Delhi High Court has said while holding that a contractual female employee is also entitled to relief under the Maternity Benefit Act. Justice Chandra Dhari Singh, in an order released Thursday, said work environment should be conducive enough to facilitate unimpaired decision and ensure that a woman who chooses to have both career and motherhood is not forced to make an "either-or" decision. The Constitution, the judge said, gives a woman the liberty to carry a child as well as the choice to not carry one, and the importance of maternity leave and benefits is recognised worldwide to secure the health and best interest of the mother and the child. "Maternity benefits do not merely arise out of statutory right or contractual relationship between an employer and employee but are a fundamental and integral part of the identity and dignity of a woman who chooses

Kerala HC raps state govt over delay in disbursing salaries to KSRTC staff

The Kerala High Court on Monday criticised the state government over delay in disbursing salaries to the state-run corporation KSRTC staff, especially during the ongoing festive season of Onam, and directed it to make provisions for Rs 30 crore before August 24, when it will conduct further hearing on the matter. Justice Devan Ramachandran, in his order, said delay in payments can only lead to "unnecessary strife and controversy" within the ranks of the KSRTC. "It is rather intriguing that the Government is unable to inform this court of any alternative for the KSRTC apart from the monthly assistance being given to them by them; but still delays payment until the end of the month," the order said. Justice Ramachandran said while the entire state was in celebratory mode for Onam, the court "certainly cannot countenance" that the employees of KSRTC, especially its drivers and conductors, are without salary for July, 2023. The court said it failed to understand why the government ...

Singar villagers hand over 5 accused in Nuh violence to police: Official

Five accused wanted in connection with the July 31 communal violence were "handed over" to police by residents of Singar village following repeated appeals by police and administration, an official said on Monday. All five accused were arrested and questioned, a police spokesperson said. According to the police, so far 60 FIRs have been registered in the Braj Mandal violence case and 264 accused have been arrested. Eleven people have been booked for spreading rumours on social media and one accused has been arrested. "On Sunday night, former sarpanch Hanif, Altaf, Ibrahim Chaudhary, Tayyab, former chairman, Sakit and other villagers from Singar reached Bichhor police station and handed over five accused identified as Juber, Salman, Ansar, Rafiq and Abu Bakar to the police," the spokesperson said. After the Nuh violence, searches have been continuing to nab the accused. District Commissioner Dhirendra Khadgata, along with Superintendent of Police Narender Bijarnia, has held meeting

Did not sign newly 'passed' laws, says Pakistan President Arif Alvi

Pakistan media reported that the Official Secrets (Amendment) Bill and the Pakistan Army (Amendment) Bill, 2023 were passed and became laws on Sunday after President Arif Alvi signed the bills, but President Alvi said on X that he did not sign the bills as he disagreed with the laws. "As God is my witness, I did not sign Official Secrets Amendment Bill 2023 & Pakistan Army Amendment Bill 2023 as I disagreed with these laws. I asked my staff to return the bills unsigned within stipulated time to make them ineffective. I confirmed from them many times that whether they have been returned & was assured that they were. However I have found out today that my staff undermined my will and command. As Allah knows all, He will forgive IA. But I ask forgiveness from those who will be affected," Pakistan President Arif Alvi wrote on X, formerly known as Twitter.The president tweeted that he asked his staff to return the bills unsigned within the stipulated time to make them ...

HC to hear plea against of CAs inclusion in money laundering law on Monday

The Delhi High Court on Monday will hear a petition challenging the inclusion of chartered accountants, company secretaries and cost accountants within the ambit of reporting entities under the anti-money laundering law and fastening of criminal liability on them in case of non-compliance of the legal provisions. The petition by Rajat Mohan, a practising chartered accountant (CA), is listed for hearing before a bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula. The plea said by including CAs and other professionals within the definition of reporting entities under the Prevention of Money Laundering Act (PMLA), onerous obligations have been put on them with consequences of noncompliance leading to criminal prosecution, and it virtually makes such professionals engage in policing their own clients with whom they interact in fiduciary capacity. The Petitioner by way of the present writ petition is challenging the validity of Gazette Notification No. S.O.2036(E) ..

Ensure proper implementation of RTI Act on proactive disclosure of info: SC

The Supreme Court has directed the Central Information Commission and the State Information Commissions to ensure proper implementation of provisions of the Right to Information Act, 2005 including on proactive disclosure of information by public authorities. A three-judge bench led by Chief Justice D Y Chandrachud said public accountability is a crucial feature that governs the relationship between 'duty bearers' and 'right holders'. The top court said power and accountability go hand in hand and noted that while all citizens shall have the 'right to information' under Section 3 of the Act, the co-relative 'duty' in the form of the obligation of public authorities is recognised in Section 4 of the RTI Act. "We direct that the Central Information Commission and the State Information Commissions shall continuously monitor the implementation of the mandate of Section 4 of the Act as also prescribed by the Department of Personnel and Training in its Guidelines and Memorandums issued fr

RS refers IPC, CrPC, Evidence bill replacements to Home Affairs committee

Rajya Sabha Chairman Jagdeep Dhankhar on Friday referred the three proposed laws that will replace IPC, CrPC and the Evidence Act to the Standing Committee on Home Affairs for examination and asked it to report back within three months. The bills -- the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Bill -- were introduced in the Lok Sabha by Home Minister Amit Shah on August 11. The bills, once passed, will replace the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC) and the Indian Evidence Act respectively. "Members are informed that on 18th August, 2023, the Chairman, Rajya Sabha in consultation with the Speaker, Lok Sabha has referred the Bharatiya Nyaya Sanhita, 2023; the Bharatiya Nagarik Suraksha Sanhita, 2023; and the Bharatiya Sakshya Bill, 2023, as introduced in the Lok Sabha and pending therein, to the Department-related Parliamentary Standing Committee on Home Affairs, for examination and report within three months," ...

What's the harm if person provides caste details for Bihar survey, asks SC

SC also recalled its April 10 verdict by which it had held that duty free shops at arrival and departure terminals at international airports are outside the purview of the customs law

NCLAT permits Engine Lease Finance to inspect its jet engines with Go First

The National Company Law Appellate Tribunal (NCLAT) on Friday allowed Engine Lease Finance BV to inspect their four engines leased to crisis-hit carrier Go First. A two-member bench of the appellate tribunal granted relief to Engine Lease Finance (ELF) after modifying the earlier order of the National Company Law Tribunal (NCLT) on July 26. NCLAT has directed the resolution professional of Go First, which is going through the corporate insolvency resolution process (CIRP), to allow the world's leading independent engine financing and leasing company to inspect the engines within 10 days of the order. "We are of the view that inspection be permitted within 10 days from today," said an NCLAT bench comprising Chairperson Justice Ashok Bhushan and Barun Mitra. During the proceedings, counsel for the resolution professional submitted that in view of the orders passed by the Delhi High Court, the inspection shall be allowed, and the date for carrying out the inspection shall be intimated

SC adjourns hearing on Umar Khalid's plea seeking bail in UAPA case

The Supreme Court on Friday adjourned for two weeks the hearing on a plea filed by former JNU student Umar Khalid seeking bail in a case lodged under anti-terror law UAPA over his alleged involvement in the conspiracy behind the northeast Delhi riots of February 2020. A bench of Justices Aniruddha Bose and Bela M Trivedi said the matter needs to heard on a non-miscellaneous day. Tuesdays, Wednesdays and Thursdays are non-miscellaneous days in the apex court when matters which require detailed hearing are taken up. Senior advocate Kapil Sibal, appearing for Khalid, agreed to the suggestion. Supreme Court judge Justice Prashant Kumar Mishra had on August 9 recused himself from hearing Khalid's plea. Khalid's petition challenging the October 18, 2022 order of the Delhi High Court, which had rejected his bail plea in the matter, had come up for hearing before a bench of Justices A S Bopanna and Prashant Kumar Mishra. The high court had rejected Khalid's bail plea, saying he was in ..