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Urgent Meeting of Executive Committee Of SCBA; Know What Happened
Fine to be levied on the builder when he is unable to deliver the possession of house/flat on time: Supreme Court
Accused Has To Be Subjected To Breath Analyser or Blood Test to Attract Drunk Driving under S.185 of MV Act, 1988 : Kerala HC [READ ORDER]
11 Benches of the Delhi High Court to Conduct Physical Hearings from 18th to 20th February, 2021 [READ ORDER]
Plastic pens covered under the definition of 'plastic' under the Plastic Waste Management Rules, 2016: NGT [READ ORDER]
Resumption of Normal Supreme Court Functioning [Read Letter]
BS Mann Recuses Himself From SC-Appointed Committee on Farm Laws; says wants to stay Impartial
Know The Real Reason Why Dushyant Dave Resigned From SCBA; Faces Backlash From Legal Fraternity
Karnataka HC hears PIL Challenging Cattle Slaughter Prevention Ordinance brought in by the Government of Karnataka [READ PETITION]
"Khalistanis have infiltrated into farmers protests": Attorney General K.K.Venugopal in SC hearing on ongoing Farmer's protests
SC puts a hold on the three controversial farm laws; Will the farmers cooperate now?
Bharti Airtel Moves Supreme Court Seeking Modification of AGR Dues
Legalising MSP May Incur Heavy Losses Exclusively To Farmers Of Punjab and Haryana
10 Bizarre laws from around the world!
Delhi Govt. openly defies orders of Supreme Court to distribute ration to sex workers; states that “no sex workers found in GB Road Red Light Area” [Read RTI]
65 Important Judgements of the Supreme Court in 2020
Decoding Prashant Bhushan's Controversial Tweets
SOP Issued by Ministry of Health in Wake of New Variant of SARS- CoV-2
'One Nation, One Election': Gaurav Bhatia, Justice Sikri, Bhupender Yadav, and Parag P. Tripathi Offer Insight on Simultaneous Polls
Devanahalli court in Karnatka comes to the rescue of Pilot-YouTuber cum Whistleblower Gaurav Taneja in his fight against AirAsia
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65 Important Judgements of the Supreme Court in 2020

Jan 06, 2021 Mriganc Mishra Intern Aquilas Legal Solutio 22
The Supreme Court , once a hive of activity, remained quiet during the Pandemic, but since the courts started virtual hearings, life has returned to some sort of new normal at the Apex court.The court rooms have been substituted by virtual mechanisms; paper books by computer files; judges conduct hearings through video conferencing; and technology...
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Legalising MSP May Incur Heavy Losses Exclusively To Farmers Of Punjab and Haryana

Jan 07, 2021 Adv. Vijay Sardana 10
The Swaminathan formula for MSP is based on an Outdated Cost Plus approach for India and will damage farmers' interest more, will also hurt the economy and encourage unsustainable agriculture practices more by supporting the inefficient and expensive agriculture production system and not including the vital factors of any economy factor like...
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The Farmers Acts – A Bird’s Eye View

Dec 18, 2020 Sr. Adv. Mahalakshmi Pavani 7
The newly enacted Farmers Laws have been a point of burning debate in the country. The Government ensures that the legislations will open fresh avenues for farmers and bring in a steady rise in their overall income. However, in reality, the acts miss out on protective provisions such as the MSP while completely ousting the jurisdiction of Civil...
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Filing Fabricated Evidence to Gain Undue Advantage May Amount to Contempt of Court: Orissa High Court [READ ORDER]

Dec 28, 2020 Dev Kumar Patel 5
An application for interim bail was recently filed before the Orissa High Court on the ground that the applicant's wife is suffering from multiple types of diseases and the doctor advised her to take complete rest due to COVID-19 pandemic.A medical prescription and medical fitness certificate were annexed to the interim application. During...
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Delhi Govt. openly defies orders of Supreme Court to distribute ration to sex workers; states that “no sex workers found in GB Road Red Light Area” [Read RTI]

Jan 05, 2021 Jhanak Sharma 4
In a shocking revelation, Delhi Government’s big and blatant lie has yet again come to the fore. In wake of COVID-19 pandemic, the Hon’ble Supreme Court on October 28, 2020 directed all the state governments to ensure dry ration is provided to sex workers, identified by the National AIDS Control Organisation, during COVID-19 pandemic, in an...
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Farmers Bill 2020: A Dismay For Farmers?

Dec 28, 2020 Veronica Bajaj 4
The year 2020 has been despotic on everyone, be it people from the upper echelon of the society or otherwise, especially farmers. It’s nothing new that farmers are suffering for the past few decades. The government in order to change the same introduced the Farmers Bills 2020, which comprise a total of three agricultural bills. These bills were...
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10 Bizarre laws from around the world!

Jan 06, 2021 Akanksha, Intern Aquilas Legal Solutio 4
Laws are basically framed to govern a community or country by regulating the actions of its members. However, there are some laws that are bizarre beyond imagination and blatantly implausible, and there could even be a hefty fine imposed upon you if you breach them! Have a look at some of the crazy laws from across the globe. Wait till you get to...
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SC puts a hold on the three controversial farm laws; Will the farmers cooperate now?

Jan 14, 2021 Aditi Aggarwal 4
“It is a victory for fair play,” CJI said on Tuesday ( January 12 , 2020)while putting a hold on the three controversial farm laws until further orders.The bench was headed by CJI Sharad Arvind Bobde, along with Justice A.S. Bopanna and Justice V.Ramasubramanian. Along with the decision to hold the laws, the Supreme Court further said...
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"Khalistanis have infiltrated into farmers protests": Attorney General K.K.Venugopal in SC hearing on ongoing Farmer's protests

Jan 14, 2021 Aditi Aggarwal 4
In the Supreme Court hearing on farm laws and farmers’ protest on Tuesday (January 13, 2020), Attorney General, Shri K.K.Venugopal said that the 'Khalistanis have infiltrated into farmers protests.’ He further stated that as far as Karnataka, Kerala etc, are concerned, there is huge support for these laws. On this, the Supreme Court asked...
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SOP Issued by Ministry of Health in Wake of New Variant of SARS- CoV-2

Jan 05, 2021 Dev Kumar Patel 3
A new variant of SARS- CoV 2 virus has been reported by the Government of United Kingdom (UK) to World Health Organization (WHO). This variant was estimated by the European Center for Disease Control (ECDC) and they regarded the virus to be more transmissible and affecting younger population. In response, Ministry of Health has issued SOP for...
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Rejection of Anticipatory Bail Not A Rationale For Questioning Maintainbility of Petition for Quashing Of FIR: Allahabad HC [Read Order]

Dec 27, 2020 Dev Kumar Patel 3
The High Court of Allahabad held that for constituting an offence of abetment of suicide under Section 306 Indian Penal Code, 1860 there must be a proof of direct or indirect act of incitement leading to commission of suicide.The petition was filed by Advocate Desh Deepak Singh, Anilesh Tewari and Manish Mishra before the Allahabad high Court...
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Bombay HC Directs Govt. of Maharastra to Pay Rs.50 K Each as Compensation to 2 Men Detained Illegally [READ ORDER]

Dec 29, 2020 Dev Kumar Patel 3
The Bombay High Court came down heavily on State Govt. of Maharashtra and directed them to pay Rs.50,000/- to Arun Tagad and Shailendra Tagad(Petitioners) as compensation for illegal detention in custody at the instance Rural Police Station, Beed District of Aurangabad Division. The bench also observed that in such cases the State needs...
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Excessive Fees Charged by the Schools Amidst the Pandemic; Kerala high court calls out CBSE for ‘washing off its hand’ in the matter

Dec 22, 2020 Rajat Maheshwari, Intern Aquilas Legal Solutio 3
Thousands of small-budget private schools are fearing a shutdown over financial constraints due to the coronavirus pandemic. Several private schools claim they are still having to pay salaries to teachers and rent for their premises while the income or fee from parents has taken a dip. To worsen the situation, many parents are...
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Right to Progeny and Termination Thereof is a Fundamental Right Under Article 21: Orissa High Court [READ ORDER]

Dec 21, 2020 Dev Kumar Patel 3
While permitting a rape victim to terminate her pregnancy after 20 weeks of gestation, Orissa High Court has held clearly and commendably that right to progeny and termination thereof is a fundamental right enshrined under Article 21 of the Constitution of India.The Orissa High Court delivered the judgment in WPCRL No. 68 of 2020 on December 15,...
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11 Benches of the Delhi High Court to Conduct Physical Hearings from 18th to 20th February, 2021 [READ ORDER]

20 hours ago Gautami Chakravarty 3
In a recent order dated 14.01.2021, the Delhi High Court has announced that 11 benches of the High Court shall conduct physical hearings from 18.01.2021. The subject of the order states ‘Extension of Present System of Hearing of Matters before Delhi High Court till 20.02.2021’. The order came in the consequence of less number of...
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Know The Real Reason Why Dushyant Dave Resigned From SCBA; Faces Backlash From Legal Fraternity

Jan 14, 2021 Lawstreet News Network 3
On Thursday, President of Supreme Court Bar Association (SCBA) and Senior Advocate Dushyant Dave resigned from his post with immediate effect.In his letter he stated that “following recent events, I feel that I have forfeited my right to continue as your Leader and so I hereby tender my resignation from the post of the President of the SCBA with...
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Resumption of Normal Supreme Court Functioning [Read Letter]

Jan 15, 2021 Lawstreet News Network 3
In a letter written by Senior Advocate and Former President of Supreme Court Bar Association (SCBA) Vikas Singh, addressed to Hon’ble Chief Justice of India S.A. Bobde regarding resumption of normal functioning of Supreme Court, Senior Advocate Vikas Singh has raised grave concern about the non-resumption of normal functioning of the Supreme...
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[DAY7] Lack of financial probity is not the only ground on which just and equitable winding up of company can take place : Senior Counsel Dwarkadas in Tata V Mistry Case

Dec 21, 2020 Akanksha, Intern Aquilas Legal Solutio 2
Senior Counsel Shyam Divan commenced his arguments stating that the proposal going around for pre-consultation was contrary to what is provided under the Companies Act, 2013 under which directors should act independently. He even traced various letters, emails and what transpired in board meeting which eventually led to Mistry's removal as...
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Oaktree Hints at Legal Action Over 'Misrepresentation' of DHFL Offer After Piramal Cap Emerges as Top Bidder

Dec 29, 2020 Dev Kumar Patel 2
Ahead of the crucial three-week long voting to decide on the new owner of troubled lender Dewan Housing Fiance (DHFL),U.S.-based stressed assetbuyer Oaktree Capital, one of the bidders for DHFL, in a letter to the Committee of Creditors (CoC), has said that its offer for the troubled housing finance company is being consistently misrepresented and...
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SEBI fines NDTV Promoters Prannoy Roy and Radhika Roy with Rs. 27 crores for ‘violating regulatory norms’ [READ ORDER]

Dec 29, 2020 Dev Kumar Patel 2
The Securities and Exchange Board of India (SEBI) has imposed a penalty of Rs. 27 crores penalty on NDTV promoters Prannoy Roy, Radhika Roy and M/s RRPR Holding Pvt. Ltd for indulging in fraudulent and unfair practices relating to securities and failing to comply with various security norms.The Securities and Exchange...
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Unilever, one of the world's biggest advertisers 'calls off boycott of Facebook, Instagram and Twitter

Dec 22, 2020 Akanksha Intern Aquilas Legal Solutio 2
Consumer goods giant Unilever plc. (UN, ULVR.L, UL) announced it plans to end the advertising pause next month, stating that it would continue to scrutinize the platforms in the post-election period.The Anglo-Dutch company, maker of Dove soap and Ben & Jerry’s ice cream, was one of the first to instate a ban on social media advertising this...
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Farmers Bill 2020: A Dismay For Farmers?

Dec 28, 2020 Veronica Bajaj 2
The year 2020 has been despotic on everyone, be it people from the upper echelon of the society or otherwise, especially farmers. It’s nothing new that farmers are suffering for the past few decades. The government in order to change the same introduced the Farmers Bills 2020, which comprise a total of three agricultural bills. These bills were...
Top Stories

Fine to be levied on the builder when he is unable to deliver the possession of house/flat on time: Supreme Court

19 hours ago ADITI AGGARWAL 2
In a recent verdict, the apex court has held that that the flat buyers are entitled to compensation for “delayed handing over of possession” and for the failure of the developer to fulfill their promises with regard to amenities. The bench said the flat owners are entitled to the compensation in excess of the amount stipulated in their...
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Court Fees When Remains Unutilized Shall be Refunded Without Insisting for Court Orders: Delhi High Court [READ ORDER]

Dec 17, 2020 Gautami Chakravarty 2
The Delhi High Court in a recent petition was of the view that while making the payment of court fees, stamp is the accepted mode of payment and the process gets completed only when the document is filed. Mere purchase of payment does not mean conclusion of the payment process. The Court also held that the prerequisite...
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Gujarat High Court issued notices to the Bar Council of India and Bar Council of Gujarat for depriving Law Graduate the opportunity of taking AIBE Examination [READ ORDER]

Dec 18, 2020 Dev Kumar Patel 2
The Gujarat High Court on 15th December 2020 issued notice to Bar Council of India and the Bar Council of Gujarat on a petition filed by a law graduate. The petition was filed by a law graduate as application for enrolment with the Bar Council of Gujarat has been kept pending for over a year, thereby depriving her from the opportunity of...
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Gujarat High Court issued notices to the Bar Council of India and Bar Council of Gujarat for depriving Law Graduate the opportunity of taking AIBE Examination [READ ORDER]

Dec 18, 2020 Dev Kumar Patel 2
The Gujarat High Court on 15th December 2020 issued notice to Bar Council of India and the Bar Council of Gujarat on a petition filed by a law graduate. The petition was filed by a law graduate as application for enrolment with the Bar Council of Gujarat has been kept pending for over a year, thereby depriving her from the opportunity of...
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High Court of J&K Clarifies That Residents of J&K May Approach NHRC for Grievances on Violation of Human Rights as State Commission Was Wound Up [READ JUDGMENT]

Dec 24, 2020 Dev Kumar Patel 2
The Srinagar bench of the Jammu and Kashmir High Court has suggested that the residents of Jammu and Kashmir, if having any grievance regarding violation of their human rights, may have to approach the National Human Rights Commission.  A public spirited person, Chairman of J&K Reconciliation Front and a Kashmiri Pandit in its...
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Madras High Court Orders Interim Ban on Sale of Edible Oil in Loose

Dec 22, 2020 Mriganc Mishra Intern Aquilas Legal Solutio 2
While observing that the edible oils (sold in loose packets) are mostly adulterated and that it would have "serious consequences on the health of the consumers", the Madras High Court on Friday (18th December 2020) passed an interim order banning the sale of edible oil as loose oil.The Bench of Justice N. Kirubakaran and Justice B. Pugalendhi was...
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'Mistake pointed by the Jail Authorities must invite severe punishment': Allahabad HC in case of Man Confined in Prison for 8 Month Even After Getting Bail [READ ORDER]

Dec 22, 2020 Dev Kumar Patel 2
The Allahabad High Court in terse note, reprimanded the conduct of the Jailer/Jail Superintendent, who refused to release the applicant, Vinod Baruaar by calling the action "not only reprehensible, but also contumacious".Hon'ble Justice J.J. Munir, directed The Jail Superintendent/Jailer, to comply with the order, and appear before this Court and...
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Open Category is Not a ‘Quota’ but Rather Available to All Women and Men Alike :Supreme Court [READ JUDGMENT]

Dec 21, 2020 Dev Kumar Patel 2
The Supreme Court on 19th December 2020 reaffirmed that women candidates belonging to reserved category, can also fill general category vacancies.The observation was made by a bench comprising Justices U.U. Lalit, Vineet Saran and Ravindra Bhat in a Miscellaneous Application preferred by Sonam Tomar and Reeta Rani, who had participated...
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SC Modifies Kerala HC Judgment; Says Homeopathy Can be Used in Preventing and Mitigating COVD-19 as Per AYUSH Ministry Guidelines

Dec 17, 2020 Dev Kumar Patel 2
The Supreme Court has made it clear that what is permissible for Homeopathic medical practitioner in reference to COVID-19 symptomatic and asymptomatic patients is already regulated by the advisory and guidelines issued by the Ministry of AYUSH while modifying the directions to the extent, issued by the Kerala High Court.The bench while affirming...
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Supreme Court Rules that Gratuity can be withheld for recovery of dues [READ ORDER]

Dec 29, 2020 Dev Kumar Patel 2
The Supreme Court observed that gratuity money of an employee can be withheld and forfeited in case of recovery of dues such as overstaying in official accommodation.A bench headed by Justice Sanjay K Kaul held that there is no prohibition against recovering dues including penal rent -- the rent with the penalty for overstaying in official...
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'Small steps to save the environment should be taken immediately' : Uttarakhand High Court Reminds Advocates to avoid Paper Wastage

Dec 21, 2020 Akanksha, Intern Aquilas Legal Solutio 2
In a recent judgement, Uttarakhand High Court stating that small steps must be taken immediately to save the environment, once again reminded advocates to avoid wastage of papers.“The Act, Rules, notifications, Government Gazettes and Judgments are admissible in evidence even in the absence of filing the photocopies of it”, it stated while...
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Supreme Court year round-up: Top 15 Tax Judgments

Dec 30, 2020 Dev Kumar Patel 2
2020 has been a year of Covid-19, challenges and changes. The Indian judiciary kept functioning and fulfilling its role in a democracy in the backdrop of the coronavirus pandemic. The Supreme Court took the cue and started functioning via video conferencing when the pandemic hit the world. Even though the pandemic changed the way courts...
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E-court option along with physical hearing to be the way ahead : Justice Gautam Patel

Dec 29, 2020 Dev Kumar Patel 2
A Webinar had been jointly organised on 26th December 2020 by NGOs Forum for Fast Justice, Public Concern for Governance Trust and National Federation of Societies for Fast Justice on a vision for virtual courts addressing the need and importance of virtual hearings in Indian judicial system.The speakers for the webinar included Retired Justice...
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National Company Law Tribunal to start second Phase of e-courts mandatorily from 1st Jan 2020 [Read Order]

Dec 28, 2020 Dev Kumar Patel 2
In an appreciable move, National Company Law Tribunal, New Delhi on 24th December 2020 has decided to start second phase of e-court which is Automatic Case Number Generation for all the benches wherein e-filing procedure has been implemented. The order was issued after the approval of the Hon’ble Acting President Shri BSV Prakash Kumar.In...
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Bharti Airtel Moves Supreme Court Seeking Modification of AGR Dues

Jan 09, 2021 Gautami Chakravarty 1
Bharti Airtel has moved an Application before the Supreme Court seeking for a limited clarification/modification of the Adjusted Gross Revenue dues owed to the Department of Telecommunications as well as a recall of previous orders which allowed the Respondent to appeal against the judgement of Telecom Disputes Settlement and Appellate Tribunal...
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Ratan Tata's Affidavit Shows That Tata Sons is Not Meant to Be a Family Run Company : Cyrus Mistry's Lawyer In SC

Dec 17, 2020 Gautami Chakravarty 1
The courtroom battle in the Tata Sons case reached to day 5 of continuous hearings by the parties. CA Sundaram on behalf of Cyrus Mistry. Mr. Sundaram continued his arguments on the importance of prior consultation mentioned under Article 121 and Article 121A and 121B of the AoA of Tata Sons. Just three months prior to the...
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'Republic Bharat' Show Promoted Hate Speech And Intolerance, Finds UK Broadcast Regulator

Dec 24, 2020 Gautami Chakravarty 1
The United Kingdom's communications regulator Office of Communications(OfCom) on Tuesday(December 22, 2020) found that a program of Arnab Goswami's 'Republic Bharat' breached broadcasting conditions by promoting "hatred and intolerance" against a group of individuals. The order held that the discussion "Poochta Ha Bharat" telecast by the channel...
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[DAY6] Most crucial obligations on Directors is that they are fiduciary: Mr. Shyam Divan on behalf of Cyrus Mistry in Tata V Mistry Case

Dec 21, 2020 Akanksha, Intern Aquilas Legal Solutio 1
On the Day 6 of court battle between Tata Sons and Cyrus Mistry, Mr. Shyam Divan on behalf of Cyrus Mistry tendered his arguments on three main points : first, importance of Corporate Governance;  second, provisions of AoA and third, the history of relationship between Tata Sons and Cyrus Mistry. On the argument of Corporate...
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Tata Sons v Cyrus Mistry :"What is wrong in the head of family asking for information in a family run company?", Questions CJI [READ ORDER]

Dec 17, 2020 Gautami Chakravarty 1
The lawyers appearing in the case between Tata Sons Private Ltd and Cyrus Mistry in the Supreme Court expressed that they have no objection to the Chief Justice of India hearing the case merely because his son is appearing for a subsidiary of Shapoorji Pallonji Group in a case in Mumbai.On the fourth day of the hearing, Senior Advocate...
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Delhi HC Summons Karan Johar’s Dharma Production on Royalty Plea Filed by ISRA for Song Performance in Gunjan Saxena Controversy [READ ORDER]

Dec 29, 2020 Dev Kumar Patel 1
The Delhi High Court has asked Dharma Productions to file a response to the Indian Singers Rights Association’s plea seeking royalty for the commercial exploitation of their performance in Gunjan Saxena- The Kargil Girl.A single-judge bench of Justice Mukta Gupta issued summons to Karan Johar-owned production house Dharma Productions on the...
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Plea Seeking Suspension of Kangana Ranaut's Twitter Account: Bombay HC to Consider Whether to Take Up Petition as a PIL

Dec 21, 2020 Gautami Chakravarty 1
While hearing a writ petition filed by an Advocate seeking suspension of actor Kangana Ranaut's twitter handle for allegedly spreading communal hatred on Thursday,17th December, 2020 the Bombay High Court asked the petitioner whether he was personally affected by the tweets. A division bench of Justice SS Shinde and Justice MS Karnik...
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Magistrate takes Cognizance of Charge Sheet against Arnab Goswami

Dec 21, 2020 Mriganc Mishra, Intern- Aquilas Legal Solutio 1
The judicial magistrate at Alibaug recently took cognizance of the charge sheet filed by Raigad police against Republic TV anchor Arnab Goswami and two other accused in the 2018 Anvay Naik abetment to suicide case. Senior Advocate Abad Ponda was appearing in the Petition filed by Arnab Goswami, seeking to restraint the magistrate from taking...
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$2.6 Million Fraud in New York Committed by Nirav Modi's Brother Nehal

Dec 22, 2020 Rajat Maheshwari, Intern Aquilas Legal Solutio 1
Nehal Modi, brother of fugitive diamantaire Nirav Modi, has been charged in an alleged $2.6 million fraud case in New York. Nehal Modi has been charged by a New York prosecutor for allegedly defrauding one of the world's biggest diamond companies, LLD Diamonds, of $2.6 million by fraudulently obtaining its diamonds.Nehal Modi had cheated LLD...
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NHRC, MHRC Take Cognizance of Alleged Torture of Republic TV's AVP Ghanshaym Singh and CEO Vikas Khanchandani

Dec 17, 2020 Gautami Chakravarty 1
The National Human Rights Commission (NHRC) and the Maharashtra Human Rights Commission (MHRC) have taken cognizance of alleged torture of Republic TV's AVP Ghanshaym Singh & CEO Vikas Khanchandani. While the MHRC has sought a detailed report from the Mumbai Police Crime Branch over the arrest of CEO Vikas Khanchandani on Sunday and has...
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Sister Abhaya Case : CBI Court Sentences Priest, Nun to Life Imprisonment for Murder

Dec 24, 2020 Gautami Chakravarty 1
A special CBI Court at Thiruvananthapuram on Wednesday ( December 24, 2020) sentenced to life imprisonment Father Thomas M Kottoor and Sister Sephy, a priest and a nun of the Catholic church respectively, for the murder of Sister Abhaya 28 years ago. Kottoor was also imposed an additional sentence of life and a fine of Rupees one...
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Plastic pens covered under the definition of 'plastic' under the Plastic Waste Management Rules, 2016: NGT [READ ORDER]

21 hours ago ADITI AGGARWAL 1
In Avani Mishra v. Union of India & Ors, NGT observed that plastic pens are covered under the definition of ‘plastic’ under Rule 3 (o) of the Plastic Waste Management Rule, 2016.“Even though pen is not specifically mentioned under the rules, the same is certainly covered by definition of ‘plastic’ under Rule 3 (o) of the Plastic...
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Discord Between Farmers Union & The Government

Dec 21, 2020 Lawstreet News Network 1
HistoryIn 2017, the central government had released model farming acts. The Standing Committee on Agriculture (2018-19), however, noted that a number of reforms suggested in the model acts had not been implemented by the states. In particular, the Committee found that the laws that regulated Indian agricultural markets (such as those related...
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Trump Signs Pandemic Relief Package, Averts a Govt Shutdown After Nearly Weeklong Delay

Dec 29, 2020 Dev Kumar Patel 1
With the clock ticking toward a potential U.S. government shutdown, President Donald Trump on 27th December 2020 signed a $2.3 trillion funding measure that includes $900 billion for coronavirus relief and $1.4 trillion for government funding  through next September.   The president had called the bill “a disgrace” after...
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Karnataka High Court Reserves Order on Plea to Restrain Authorities from Denying Services for not Installing the Arogya Setu App

Dec 21, 2020 Gautami Chakravarty 1
The Karnataka High Court on Thursday, 17th December, 2020 reserved its order in the petition filed by Anivar Aravind who has sought directions to the authorities not to deny any service to citizens for not installing the 'Aarogya Setu' application.Senior Advocate Colin Gonsalves appearing for the petitioner has argued that...
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Accused Has To Be Subjected To Breath Analyser or Blood Test to Attract Drunk Driving under S.185 of MV Act, 1988 : Kerala HC [READ ORDER]

20 hours ago ADITI AGGARWAL 1
In a recent case of Manoj Kumar K. v. State of Kerala, Kerala High Court held that in order to attract the offence of drunk driving under Section 185(a), the accused should be subjected to a breath analyser or any other test including a laboratory test and his blood should be found to contain alcohol exceeding 30 mg per 100 ml. This is accordance...
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Allahabad HC directs State to arrange separate rooms for operations of Labour Court and Industrial Tribunal within a period of 15 days [READ ORDER]

Dec 23, 2020 Gautami Chakravarty 1
The Allahabad High Court has directed to UP State Govt. to take steps for the arrangement of the house for the labour court and Industrial Tribunal within 15 days. "In the circumstances, it is directed that the State will consider an appropriate arrangement to house the Labour Court and the Industrial Tribunal, not after some...
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Andhra Pradesh High Court Refuses to Recall Order for Examining 'Constitutional Breakdown' of State Machinery; Govt to Move Supreme Court

Dec 17, 2020 Gautami Chakravarty 1
The Advocate General of Andhra Pradesh, Subrahmanyam Sriram, said on Monday that the State will move the Supreme Court against the October 1 order of the High Court seeking to examine whether there is a constitutional breakdown of machinery in the State. The AG had raised objection regarding the jurisdiction of the Court to deal...
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The Apex Court upholds the findings of CCI and NCLAT regarding the complaints of cartelisation and anti-competitive practices by cab regulators Ola and Uber [READ JUDGMENT]

Dec 17, 2020 Dev Kumar Patel 1
The Supreme Court on December 15, 2020 upheld the Competition Commission of India (CCI) order which dismissed the complaints of cartelisation and anti-competitive practices by cab regulators Ola and Uber.A three-judge bench of Justices RF Nariman, KM Joseph, and Krishna Murari also set aside the National Company Law Appellate Tribunal (NCLAT)...
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Bombay HC Directs Govt. of Maharastra to Pay Rs.50 K Each as Compensation to 2 Men Detained Illegally [READ ORDER]

Dec 29, 2020 Dev Kumar Patel 1
The Bombay High Court came down heavily on State Govt. of Maharashtra and directed them to pay Rs.50,000/- to Arun Tagad and Shailendra Tagad(Petitioners) as compensation for illegal detention in custody at the instance Rural Police Station, Beed District of Aurangabad Division. The bench also observed that in such cases the State needs...
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Conditions as Enunciated in Section 37 of the NDPS Act, 1985 Not Applicable in Juvenile Cases: Patna High Court [READ ORDER]

Dec 29, 2020 Dev Kumar Patel 1
The Patna High Court is of the view that the conditions as enunciated in Section 37 of The Narcotic Drugs and Psychotropic Substances Act, 1985, will not be applicable in the case of a juvenile.Justice Sudhir Singh also opined that the intention of the legislature was to given an overriding effect to Section 12 of Juvenile Justice Act Patna High...
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Court Fees When Remains Unutilized Shall be Refunded Without Insisting for Court Orders: Delhi High Court [READ ORDER]

Dec 17, 2020 Gautami Chakravarty 1
The Delhi High Court in a recent petition was of the view that while making the payment of court fees, stamp is the accepted mode of payment and the process gets completed only when the document is filed. Mere purchase of payment does not mean conclusion of the payment process. The Court also held that the prerequisite...
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Man Conceals Criminal History to Hoodwink Court for Ulterior Motives; Allahabad High Court Imposes 5 Lakh Costs on petitioner [READ ORDER]

Dec 17, 2020 Gautami Chakravarty 1
The Allahabad High Court recently imposed a cost of Rs. Five Lakhs on a petitioner who made an incorrect statement in the Writ Petition that merely on the basis of a single case, Gangsters Act, 1986 had been invoked against him.The Bench of Justice Pankaj Naqvi and Justice Vivek Agarwal was hearing a Writ Petition praying before the Court that...
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Delhi Court Directs to Preserve Footage of Search Against Delhi Riots Lawyer [READ ORDER]

Dec 29, 2020 Dev Kumar Patel 1
A Delhi Court on 27th December 2020 directed Delhi Police to preserve the entire video footage of the search conducted in lawyer Mehmood Pracha's house in connection with a case related to North-East Delhi violence.The order of Duty MM Udbhav Kumar Jain, Patiala House Court came on an application moved by advocate Mehmood Pracha seeking...
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Delhi HC issues notice to Centre on plea against allowing Non-Medical persons to certify Diagnostic Reports

Dec 18, 2020 Gautami Chakravarty 1
The Delhi High Court on Thursday, 17th December,2020 issued notice to the Central government on a plea challenging the Clinical Establishments Amendment Rules, 2020, under which it has allowed unregistered and unqualified non-medical persons like MSc and PhD holders to certify medical diagnostic reports.A division bench of Chief Justice DN Patel...
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Expression 'Existence Of Arbitration Agreement' In Section 11 of Arbitration Act Includes Aspect of Validity of Agreement : Supreme Court

Dec 18, 2020 Gautami Chakravarty 1
The Supreme Court has held that the expression 'existence of arbitration agreement' in Section 11 of the Arbitration Act, 1996 would include the aspect of validity of arbitration agreement.A three-judge bench of the Court also explained that at the stages of Sections 8 and 11 of the Act, the Courts should undertake a prima facie examination of the...
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Activist Faisal Khan who was Arrested For Offering Namaz at Mathura Temple Granted Bail by Allahabad High Court [READ ORDER]

Dec 23, 2020 Gautami Chakravarty 1
Peace Activist Faisal Khan, who was arrested for offering Namaz inside the premises of the Nand Baba temple in Mathura has been granted bail by the Allahabad High Court on Friday , 18th December, 2020. Didn't enter into the sanctum sanctorum of Temple, performed Namaz with the permission of priest of Temple, Khan argued.BackgroundOn...
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First Wife Not Consenting To Husband's Second Marriage Not a Relevant Factor in Protection Plea of Muslim Couple: P&H High Court [READ ORDER]

Dec 23, 2020 Gautami Chakravarty 1
The alleged illegality of the marriage of the petitioners having been solemnized without the consent of the first wife is not to be gone into in the present proceedings which are only regarding providing of protection to the petitioners, remarked the Punjab & Haryana High Court on Wednesday, 16th December, 2020. The Bench of Justice...
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GST Rate and HSN Code Required in Notice Inviting Tenders to Ensure Level Playing Field: Allahabad High Court [READ ORDER]

Dec 23, 2020 Dev Kumar Patel 1
The High Court of Allahabad in its latest pronouncement held that bidders are required to mention the GST Rate and the HSN Code in the Notice Inviting Tender in orderto ensure uniform bidding from all participants and to provide all tenderers/bidders a 'Level Playing Field'. The bench of Justices Sunita Agarwal & Jayant Banerji...
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65 Important Judgements of the Supreme Court in 2020

Jan 06, 2021 Mriganc Mishra Intern Aquilas Legal Solutio 1
The Supreme Court , once a hive of activity, remained quiet during the Pandemic, but since the courts started virtual hearings, life has returned to some sort of new normal at the Apex court.The court rooms have been substituted by virtual mechanisms; paper books by computer files; judges conduct hearings through video conferencing; and technology...
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No Interference Needed When Adult Woman Marries as Per Her Choice and Decides to Convert: Calcutta High Court

Dec 23, 2020 Gautami Chakravarty 1
The Calcutta High recently made it clear that if an adult marries as per her choice and decides to convert and not return to her paternal house, there could be no interference in the matter.The Bench of Justice Sanjib Banerjee and Justice Arijit Banerjee was hearing a plea by a father alleging that daughter aged 19 had gone missing on or...
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Jammu and Kashmir HC directs Trial Courts to desist from undertaking ‘Two Finger Test’ and to avoid disclosing rape survivors identity

Dec 30, 2020 Gautami Chakravarty 1
A Division Bench of the Hon’ble High Court of Jammu and Kashmir, consisting of Acting Chief Justice Rajesh Bindal and Justice Sanjay Dhar, in the case of State of J & K V/s Md issued directions to all the health professionals of Union Territory of Jammu and Kashmir and Union Territory of Ladakh to strictly desist from undertaking...
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Karnataka HC hears PIL Challenging Cattle Slaughter Prevention Ordinance brought in by the Government of Karnataka [READ PETITION]

Jan 14, 2021 Gautami Chakravarty 1
The High Court of Karnataka on 12th January, 2020 heard a petition against a recent ordinance on prevention of cattle slaughter brought by the Government of Karnataka. The petition was filed by Mohammed Arif Jameel challenging the Karnataka Prevention of Slaughter and Preservation of Cattle Ordinance, 2020. The division bench consisted of...
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Madras High Court orders police protection for Advocate to attend the Court as well as using the Bar Room in order to avoid any untoward incident [READ ORDER]

Dec 24, 2020 Dev Kumar Patel 1
The Madurai Bench of Madras High Court came to the rescue of an advocate who was suspended by Nagercoil Bar Association for not participating in the court boycott announced by the association on 8th December 2020.A division bench of Justices N Kirubakaran and B Pugalendhi made the observation while hearing a petition filed by the advocate G...
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Delhi High Court Dismisses BJP leader Manoj Tiwari's Plea Against Summons in Defamation Case by AAP's Sisodia

Dec 21, 2020 Gautami Chakravarty 1
A single judge bench of the Delhi High Court on 17th December, 2020 dismissed a petition filed by BJP leader Manoj Tiwari challenging the summons issued to him in a criminal defamation case by Delhi Deputy Chief Minister, Manish Sisodia. Challenge by BJP's Vijender Gupa was also dismissed by the court in an order pronounced by Justice...
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‘Moral Policing’ is not the job of the Management or of the ICC: Delhi High Court in Cases of Sexual Harassment at Workplace [READ ORDER]

Dec 21, 2020 Dev Kumar Patel 1
The Delhi High Court upon report of Internal Complaints Committee (ICC) which leads to foundation of chargesheet against employee of Punjab National Bank held that ICC does not have the power to make comments on the personal conduct of the parties or seek action against them for indulging in...
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Devanahalli court in Karnatka comes to the rescue of Pilot-YouTuber cum Whistleblower Gaurav Taneja in his fight against AirAsia

Dec 30, 2020 Gautami Chakravarty 1
A Devanahalli court in Karnatka in, Air Asia Ltd v. Sri. Gaurav Taneja dismissed a petition filed by AirAsia against Whistleblower Gaurav Taneja for defaming the company. The court observed that material facts were kept hidden by AirAsia and that Gaurav Taneja acted as a responsible pilot to take up the safety issues(called...
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Plea in SC seeking Demonetisation 2.0 and Establishment of Anti- Corruption Court

Dec 23, 2020 Dev Kumar Patel 1
A PIL has been filed in the Supreme Court for a direction to set up special anti-corruption courts in every district to decide cases related to various economic offences like money laundering, benami properties, disproportionate assets and tax evasion within one year.Lawyer-petitioner and BJP leader Ashwini Upadhyay argued long-pending cases of...
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Possession of Skin of Dead Cows or Bullocks Not An Offence: Bombay High Court [READ ORDER]

Dec 23, 2020 Gautami Chakravarty 1
The Bombay High Court recently ruled that there is no prohibition for the possession of skin of dead animals and in absence of such prohibition; no offence would be made out under Maharashtra Animal Preservation Act, 1976.The bench of Justices V. M. Deshpande & Anil S. Kilor further noted that even if any...
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Prashant Bhushan moves SC, seeks hearing on his plea before review petitions are considered before review petitions are adjudicated

Dec 17, 2020 Dev Kumar Patel 1
In his petition seeking review of the order holding him guilty for contempt of court for his two derogatory tweets against the judiciary, Prashant Bhushan has contended that it "suffers from multiple errors apparent on the face of the record of both law and of fact".Activist-lawyer Prashant Bhushan on Tuesday ( December 15, 2020) moved the Supreme...
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Once a prisoner obtains custody parole in a case, he need not obtain permission from every court where he has been convicted or is pending trial : Delhi HC [READ JUDGMENT]

Dec 29, 2020 Gautami Chakravarty 1
The Delhi High Court, in a matter before it recently held that 'Once a prisoner obtains custody parole in a case, he need not obtain permission from every court where he has been convicted or is pending trial.'The petitioner, who was a convict and an undertrial in custody in Tihar Jail in Delhi in case arising from an FIR registered...
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Punjab & Haryana HC Sets Aside Moratorium Imposed By Bar Council Of India On Opening Of New Law Colleges [READ ORDER]

Dec 24, 2020 Gautami Chakravarty 1
A Single Bench of Justice Rekha Mittal, in a verdict rendered on 4th December 2020, held that the BCI cannot impose a complete ban on opening of new law colleges, under the pretext of regulating Legal Education.The Court was hearing a writ petition filed by the Chandigarh Education Society, asking the Court to allow them to establish a new...
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Rajasthan HC asks State Government to ensure that Prisoners are not forced to do menial jobs based on Caste

Dec 22, 2020 Mriganc Mishra Intern Aquilas Legal Solutio 1
Inquiring about the proposed steps for complete overhauling of the Prison Manual, the Rajasthan High Court on Thursday (17th December 2020) asked the State Government to ensure that the prisoners are not forced to indulge in menial jobs like cleaning toilers etc. merely on the basis of their caste and also that no under trial prisoner is forced to...
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SC Agrees to hear Prashant Bhushan's Application seeking hearing on plea before review petitions are adjudicated [READ ORDER]

Dec 18, 2020 Dev Kumar Patel 1
Supreme Court on 15th December 2020 agreed to hear on an application filed by Activist-lawyer Prashant Bhushan on 14th December 2020, seeking a direction from the Apex Court that the two plea's praying review of the orders of conviction for contempt of court be heard after the adjudication of the petition raising the issue of right of...
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Plea in Supreme Court Against Automatic Granting of Custody of Male Child to Father in Dawoodi Bora Community

Dec 17, 2020 Gautami Chakravarty 1
A writ petition has been filed before the Supreme Court challenging the constitutional validity of a custom followed by the Dawoodi Bora community among Muslims, according to which the custody of a male child above the age of 7 automatically goes to the father.The petition has been filed by a Mumbai-resident, Fatema Quaid Zohar Challawala, stating...
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Schools to charge reduced fees as per government order due to the ‘unprecedented’ times of the COVID-19 pandemic : Rajasthan HC [READ JUDGMENT]

Dec 23, 2020 Gautami Chakravarty 1
The Rajasthan High court hearing a writ petition directed the schools to follow the state government notification and charge 60% tuition fees in schools affiliated with the state board and 70% tuition fees in private schools affiliated to CBSE for the current academic year after taking into consideration the plight of the parents in these...
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Scope of Writ Jurisdiction Under Article 226 of the Constitution of India is Much Larger Than the Scope of Section 438 Cr.P.C:Allahabad High Court

Dec 24, 2020 Dev Kumar Patel 1
The High Court of Allahabad held that for constituting an offence of abetment of suicide under Section 306 Indian Penal Code, 1860 there must be a proof of direct or indirect act of incitement leading to commission of suicide.The petition was brought up before Allahabad high Court against the impugned F.I.R. lodged under Sections 147, 323, 504,...
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Scope of Writ Jurisdiction Under Article 226 of the Constitution of India is Much Larger Than the Scope of Section 438 Cr.P.C:Allahabad High Court

Dec 24, 2020 Dev Kumar Patel 1
The High Court of Allahabad held that for constituting an offence of abetment of suicide under Section 306 Indian Penal Code, 1860 there must be a proof of direct or indirect act of incitement leading to commission of suicide.The petition was brought up before Allahabad high Court against the impugned F.I.R. lodged under Sections 147, 323, 504,...
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Supreme Court Asks Centre to Consider Giving a Break to Doctors Engaged During the Pandemic

Dec 17, 2020 Dev Kumar Patel 1
The Supreme Court asked the Centre on 15th December 2020 to consider granting a break to doctors engaged in duty for the last seven-eight months during COVID-19 pandemic.While Top Court expressing its concern towards doctor the bench told Mr. Mehta that "for the last seven-eight months doctors have not been given any break and are continuously...
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Supreme Court year round-up: Top 15 Tax Judgments

Dec 30, 2020 Dev Kumar Patel 1
2020 has been a year of Covid-19, challenges and changes. The Indian judiciary kept functioning and fulfilling its role in a democracy in the backdrop of the coronavirus pandemic. The Supreme Court took the cue and started functioning via video conferencing when the pandemic hit the world. Even though the pandemic changed the way courts...
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No provision to allow Transgender persons into the National Cadet Corps : NCC informs Kerala HC

Dec 18, 2020 Gautami Chakravarty 1
The National Cadet Corps informed the Kerala High Court that that transgender person cannot be allowed into the NCC as there is no provision for the same.The divisions created in NCC were only for boys and girl cadets as per the existing policy, the NCC said.It also informed that it is the prerogative of the central government to constitute a new...
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Bar Council of India to Hold AIBE-XV on January 24, 2021 & AIBE-XVI on March 21, 2021 [READ PRESS RELEASE]

Dec 23, 2020 Dev Kumar Patel 1
The Bar Council of India, the apex lawyers’ body and regulator of law education in the country, on 21.12.2020 through press release stated that the All India Bar Exam-XVI will be held on 21st March, 2021. However, the BCI also cleared that there is no change in examination date for AIBE-XV, i.e. January 24, 2021.According to release the...
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"Farm Laws Could Cause Irreparable Damage to Farm Sector": Delhi HC Woman Lawyers Forum to Observe Fast in Solidarity With Farmers Protests

Dec 23, 2020 Gautami Chakravarty 1
Delhi High Court Women Lawyers Forum has decided to observe a one-day fast on National Farmer's Day/ Kisan Diwas , in support of the ongoing protests against the three farm laws. The lawyers have demanded that the farm laws, said to be hastily passed by the Parliament, should be repealed. Along with this, the...
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'One Nation, One Election': Gaurav Bhatia, Justice Sikri, Bhupender Yadav, and Parag P. Tripathi Offer Insight on Simultaneous Polls

Dec 31, 2020 Dev Kumar Patel 1
A Webinar was hosted by Shri. Gaurav Bhatia, Senior Advocate and National Spokesperson of the BJP on 29th December 2020 with the aim to build a national consensus and spread awareness on the need for “one nation, one election”.The speakers for the webinar included Hon'ble Mr. Justice A.K. Sikri, Former Judge of the Supreme Court of India,...
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Physical Hearings to Commence in Subordinate Courts in Tamil Nadu from January 18, 2021 [READ MEMORANDUM]

Dec 24, 2020 Gautami Chakravarty 1
The Registrar General of Madras High Court on Monday (December 21,2020) released an Official Memorandum informing that the Administrative Committee of the Madras High Court has resolved that subordinate courts in Tamil Nadu can proceed with physical hearings from Monday . The Hon'ble Administrative Committee of Madras High Court, in...
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Decoding Prashant Bhushan's Controversial Tweets

Jan 05, 2021 Mriganc Mishra Intern Aquilas Legal Solutio 1
Prasant Bhushan had posted two tweets, one on the Supreme Court on June 27, 2020 and the second one on CJI Bobde on June 29, 2020. He was served notice by the apex court on July 22, 2020.The top court had on August 5, 2020 reserved its verdict in the matter after Bhushan defended his two alleged contemptuous tweets saying they were against the...
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Prashant Bhushan moves SC, seeks hearing on his plea before review petitions are considered.

Dec 18, 2020 Dev Kumar Patel 1
In his petition seeking review of the order holding him guilty for contempt of court for his two derogatory tweets against the judiciary, Bhushan has contended that it "suffers from multiple errors apparent on the face of the record of both law and of fact".Activist-lawyer Prashant Bhushan on 14th December 2020 moved the Supreme Court seeking a...
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Raid at Adv Mehmood Pracha’s Office: BCD writes to Home Minister, Amit Shah to take action against Delhi Police [READ LETTER]

Dec 29, 2020 Gautami Chakravarty 1
On Sunday, 27 December, 2020 some office bearers and members of Bar Council of Delhi urged Union Home Minister Amit Shah to take action regarding the search conducted by Delhi Police at the premises of Advocate Mehmood Pracha, a Lawyer representing some of the accused in the north-east Delhi riots cases as the matter now becoming serious...
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UP Police assault on lawyer in Etah: Allahabad High Court Bar Association Writes to Chief Justice for Suo Moto Cognizance of the Incident

Dec 29, 2020 Dev Kumar Patel 1
The Allahabad High Court Bar Association has taken a various serious note of incident in Etah, Uttar Pradesh, where police broke open the door, and dragged and pulled an advocate and assaulted him mercilessly wherein the attack on a lawyer in uniform by the Uttar Pradesh Police.The Bar Association of Allahabad has issued letter to the Chief...
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Urgent Meeting of Executive Committee Of SCBA; Know What Happened

19 hours ago Lawstreet News Network 1
Pursuant to the shocking resignation of President and Senior Advocate of Supreme court Bar Association (SCBA) Dushyant Dave on 14.01.2021, there was an uproar among the legal fraternity condemning the action of the outgoing Dave. On the same day, late in the evening at 8:30 pm an urgent meeting of the of the Executive Committee of the SCBA was...
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Reclaiming Human Rights From The Cinders Of A Chequered State

Dec 28, 2020 Adv Neeleshwar Pavani (SC) 1
“The Constitution is more than a legal parchment. It is a fabian socio-economic instrument with a revolutionary thrust. Indeed, the high purpose and the wealth of human rights which inhere in the citizens of India by virtue of the Constitution are condensed, with delicious brevity and precious dignity, in the preambular passages. We can never...

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