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New Update.....

Cabinet approved an ordinance to amend the Negotiable Instruments Act, which provides for filing of cheque bounce cases in place where the cheque was issued, a move that will benefit many people.


News Update...

Junk Food curbed, not banned in schools: Delhi HC
Delhi High Court gave its nod to guidelines prescribed by Food Safety & Standards Authority (FSSAI) of India that identifies certain category of food and drink as harmful for children advocating these can be regulated/restricted but not banned.


News Update....

Media trials tend to influence Judges.
In the matter of airing of controversial documentary on December 16 Gangrape case, the Delhi High Court has observed that media trials tend to influence judges by subconsciously creating a pressure and so, it should be released after the Supreme Court decides the appeals of the convicts in the matter.


News Update....

SC grants relief to 1981 DDA Applicants.
Supreme Court directed the DDA to develop the land and allot the plots in Rohini, north Delhi in a time-bound manner providing relief to applicants who have been waiting for the last 34 years to get possession of plots.


News Update....

Right to Travel is a Fundamental Right and the Government cannot restrain persons having valid T Visas issued from USA to travel to USA: Kerala HC
T Visas also known as Trafficking visas are issued by USA to persons who are victim of Human Trafficking and their families.

Recognizing the right to travel as a Fundamental Right, the Court said, "The right to travel is a fundamental right guaranteed and protected under Article 21 of the Constitution of India. The Right to Life includes the right of spouse and children to join, to be in the company and to grow with the spouse and parents. The denial of the same is not only the violation of the fundamental rights and natural rights of the petitioners and also detrimental to the very concept of matrimonial living as well as the rights, obligations and duties in matrimonial living of spouses. It is also detrimental to the psychological growth and development of the spouse and children".


News Update...

Delhi HC Upholds Ten Year Jail Term for Haryana Ex-CM O.P. Chautala and five others including his son, were awarded a decade-long jail term in the teacher's recruitment scam case by Delhi HC which noted that "overwhelming evidence" showed the "shocking and spine-chilling" state of affairs in the country.


News Update....

Recruitment Scam Case : Delhi High Court upholds conviction of O.P Chautala, his Son and 53 others.

Delhi High Court has upheld conviction of ex Haryana CM O.P Chautala, his Son and 53 others in the junior basic teachers recruitment scam case.


News Update....

SC : In case of inability of accused to pay compensation, State should be directed to pay the same under Section 357A from Victim Compensation Schemes Fund.

A Supreme Court Bench comprising of Justice T.S Thakur and Justice A.K Goel has observed that in case "the accused is unable to pay adequate compensation to the victim or his heir, the Court ought to have awarded compensation under Section 357Aagainst the State from the funds available under the Victim Compensation Scheme framed under the said section".


Legal News....

Dying Declaration by a person explaining circumstances of death of another admissible and reliable as evidence : SC

In a notable judgement, a 2 judge bench comprising of Justices Adarsh Kumar Goel and Dipak Misra have given a fresh dimension to the Dying Declaration (DD) Jurisprudence in the country. Via this judgement, the bench speaking through Goel J opened the admissibility scheme of DD from the maker of his/her death to a statement made as DD explaining circumstances for death of any person as well.


Legal News....

Supreme Court : Any demand made by Husband, In-laws is Dowry.

Supreme Court has said any demand made by the husband or his relatives before or after the marriage would come within the definition of dowry, thereby putting an end to the judicial tendency to interpret dowry in a narrow sense.


Legal News....

Those appointed in government service through physically handicapped quota would also be entitled to reservation while getting promoted : SC

Refusing to accept the Government's stand, a Supreme Court Bench comprising of Cheif Justice H.L. Dattu and Justice A.K. Sikri has ruled that the Government cannot deny quota in promotion to the people who were initially appointed to a post under the reservation policy for the physically handicapped.


Legal News...

According to a statement issued by Chief Justice of India H.L Dattu, Teesta Setalvad's bail plea was transferred to a new Bench comprising of Justice Dipak Misra and Justice A.K. Goel after one of the judges of the previous Bench consisting of Justice S.J. Mukhopadhaya and Justive N.V Ramana directly recused himself.


Legal News....

What are considered conspicuous place?

The Apex Court dealt with a very interesting question as to what is a conspicuous place for posting of a Public Notice under land acquisition law which if not read might affect rights of several persons. It has held that Office of the Collector, Panchayat Office, Office of Tehsildar, Office of Municipality, railway station and bus stand etc. of the local area are public places and are expected to be visited by general public, so they can safely be assumed as conspicuous places for making a declaration under an Act.


Legal News...

Supreme Court: Accused cannot be kept in custody for Indefinite Period.
SC while hearing the bail application of the Managing Director of Shri Aurobindo Institute of Medical Sciences has observed that speedy trial is the "right of the accused" who cannot be kept in custody for an indefinite period if trial is unlikely to conclude within reasonable time.


Legal News....

Communist party of India (Marxist) leader, M V Jayarajan gets 4 weeks imprisonment for commiting contempt of Court.

The Contempt proceedings were initiated suo moto by the Kerala High Court on the basis of the speech delivered by the political leader severely criticising the High Court judgement which banned the holding of meetings on the public roads and road margins in the State.


Legal News....

A Power of Attorney holder can file a Complaint U/S 138 NI Act, but it must be specifically pleaded and supported by the documents : SC

The Supreme Court of India while hearing two appeals has adjudged that a Power of Attorney holder can file a Complaint U/S 138 NI Act, but it must be specifically pleaded and supported by documents.


Legal News....

Vodafone Income Tax Case : Government decides not appeal against the Bombay High Court Judgement.
In an attempt to provide Investment friendly atmosphere in the country, the government has decided not to appeal against the Bombay High Court order that had granted tax relief of Rs. 3200 crore to Vodafone.
"The Government will not appeal in Supreme Court the October 10 order of the Bombay High Court in the Vodafone case.... We want to convey a clear and positive message to investors globally that we will be fair, transparent and within four corners of law.


Legal News....

Schools should have such toilets which are clean and acceptable having proper facilities: SC
A Supreme Court Bench comprising of Justice Dipak Misra and Justice Prafulla C. Pant, while rapping the states of Andhra Pradesh and Telangana for the state of toilets in schools, observed, "Before dwelling upon the framing of the schemes and the time frame granted to the States, it can be said without any fear of contradiction that a toilet in structure only is not a toilet in reality. Toilets meant for schools, which are co-educational and the girl's schools have to have such toilets which are clean and acceptable having proper facilities".


Legal News....

Government acquiring Land but not using it; Acquisition is invalid: Supreme Court.
The Supreme Court of India delivered a judgement that is going to bring in relief to persons whose land has been acquired by the government and the government has not even started using the same despite years having gone by.


Legal News....

Supreme Court delivers its judgement on BCCI- IPL, constitutes 3-member panel to decide on punishment, and disqualifies persons having stakes in IPL teams to contest BCCI.

The 138 page judgement delivered by a 2 judge bench consisting of Justices T S Thakur and Fakkir Mohamed Ibrahim Kalifulla brings an end to the proceedings that were going on for the last 17 months in the highest court of the country. It also replaced the question mark regarding Mr. Srinivasan fighting the BCCI elections with a full stop.


Legal News....

Posting comments about ill treatment by police on their FB page may not amount to Assault (S. 353 IPC) or Criminal Intimidation (S. 503 IPC)

A Supreme Court bench comprising of Justice V Gopala and Justice R Bhanumati observed
"As far as the comments posted on Facebook are concerned, it appears that it is a public and the act of appellants posting a comment on the facebook may not attract the ingredients of criminal intimidation in S. 503 IPC".


Legal News....

The Supreme Court directed the Haryana Government to complete trial for the cases that were lodged for s*x determination and female foeticide within the time period of 4 months. This direction was given after observing decline in the s*x ratio that was disturbing.
A Bench of Justices Dipak Misra and Abhay Manohar Sapre said "Decline in s*x ratio is a disturbing problem and the same is likely to affect the civilization in entirety. Women are the basic pillars of human race in any society".


Legal News....

Supreme Court permits use of Red Beacons by Delhi Police.

The Supreme Court has accepted a request made by the Delhi Police and allowed the use of red beacons atop its official vehicles. Delhi Police had pleaded that
"Red Light has maximum pe*******on even in low-visibility conditions such as fog, dust and night time. Blue light has the maximum wavelength, maximum scattering and least pe*******on." Delhi Police had also said that red color is the "best" and "red triggers the quickest response from public".


Legal News....

Dowry Death: Prosecution has to prove the ingredients only till standard of preponderance of probabilities but accused has to discharge his burden by proving his defence beyond reasonable doubt.


Legal News....

Supreme Court emphasizes that Judiciary is also a stakeholder in Police Reforms.

A Supreme Court bench comprising of Justice T.S Thakur, Justice R.K Agarwal and Justice Adarsh Kumar Goel said that the judiciary is also a stakeholder in the process of police reforms as the scientific investigation by trained persons was an essential ingredients of the criminal justice system.


Legal News....

National Green Tribunal (NGT) has banned throwing of waste and debris in Yamuna and redefined the limit of flood plains. The Tribunal has put a spot fine of Rs. 5,000 on anyone spotted throwing waste in Yamuna and a fine of Rs. 50,000 on dumping of construction debris in it.


Legal News....

No Reservation for top post in Public Sector Banks.

The Supreme Court held that there would be no quotas for SC/ST employees for the top post in the public sector banks. But there will still be reservation in post from Scale I till Scale IV.


Legal News....

Supreme Court refuses to transfer matrimonial disputes at the convenience of the wives.

A Supreme Court bench comprising of Chief Justice H.L. Dattu and Justice A.K. Sikri, observed,
"Estranged wife seeking transfer of cases, filled by husbands to their places of residence has become the order of the day. We had become too liberal in acceding to their requests. But the husbands also have a right. Why the husbands should always made to suffer."

The Court has been rather lenient in acceding to such transfer petitions, at the convenience of the wives, compelling husbands to travel long journeys to attend court hearings.

In an attempt to change this trend, the Court has appealed for considering the merits of the husband's plea as well, while deciding such transfer petition.


Legal News.....

President Promulgates Citizenship (Amendment) Ordinance, 2015

The President of India has promulgated the Citizenship (Amendment) Ordinance,2015 on 6th January with immediate effect. The Ordinance aims to amend the Indian Citizen Act, 1955.


Legal News....

Supreme Court exempts the convict who attempted to murder former CJI A.N Ray from surrendering.
He was convicted under the attempt to assassinate former CJI A.N Ray in 1975 and was sentenced for 10 years.


Legal News....

Supreme Court says no to Video Recording of Court Proceedings. Supreme Court remained firm on keeping courts a "no go zone" for video cameras and said there is no need for CCTV in the courts.


Legal News....

Chennai to become the first city to have two benches of National Green Tribunal as pending cases continue to mount. With almost 1500 cases pending before the only bench of the National Green Tribunal in Chennai, it has been reported that the city is all set to get a second bench, becoming the first city to have two benches.


Legal News.....

Second Hand Sale of Capital Goods like “Car etc.” held to be exempt from tax under DVAT Act

In an order dated 23.12.2014 passed by Hon’ble Delhi High Court, it was held that sale of capital goods like “car” etc., would be treated as exempt from tax if following four conditions stipulated under section 6(3) of DVAT Act are satisfied :-

1. There should be sale of capital goods.

2. The said capital goods should have been used by the dealer from the time of purchase till sale.

3. The purpose for which the capital goods were used should be for making sale of taxable goods or taxable goods and non-taxable goods. The capital goods should not be exclusively used for making sale of non-taxable goods.

4. The dealer should not have taken tax credit in respect of such capital goods under Section 9 of DVAT Act.

Wish u all a very Happy New Year !!!!!!!

Wish u all a very Happy New Year !!!!!!!


legal News....

In a landmark judgement, the High Court of Himachal Pradesh directed the police to upload the copy of First information report (FIR) in the website within 24 hours of lodging it, from 26.01.2015. Justice Tralok Chauhan who wrote the judgement held that democracy expects openness and openness is a concomitant of a free society.


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