Home Ministry to prepare a comprehensive manual on media briefings by police personnel: Inside Supreme Court verdict
Supreme Court directed the Ministry of Home Affairs to complete the manual on media briefings by 31-12-2023
Fundamental Rights
‘Not violative of Articles 19(1)(g), 300-A of Constitution’; Patna High Court upholds constitutionality of Section 16(4) of CGST Act, 2017 and BGST Act, 2017
“Fiscal legislation having uniform application to all registered persons, cannot be said to be violative of Article 19(1)(g) of the Constitution and the question of such statutory provision being violative of Article 302 of the Constitution and in teeth of Article 13 of the Constitution of India does not arise at all.”
Creating separate classification in appointments for better qualification will not violate fundamental rights of a person: Delhi High Court
“The Central Public Sector Enterprises are entrusted to work efficiently and generate profits for the government. For the same, the Public Enterprises Selection Board needs to appoint better qualified candidates to run and oversee the operations of the said entities.”
Does refusing paternity leave to father violate a newborn child’s right to life? Madras High Court answers
The Central Civil Services (Leave) Rules, 1972 provides with paternity leave. But such a welfare measure is not provided by the various states in India, including the state of Tamil Nadu. This case marks the need for paternity leave legislation in India.
Test Identification Parade does not violate Article 20(3) of Constitution: Supreme Court upholds conviction order of murder convict
The Supreme Court viewed that after the introduction of Section 54A in CrPC, an accused is under an obligation to stand for Test identification parade.
Madras High Court dismisses lawyers’ pleas praying to participate as eligible candidates in direct recruitment to the post of Civil Judge
“If the plea of the petitioners is accepted, it would amount to opening a Pandora box and several other similarly candidates would start knocking at the doors of this Court with the similar demand and in that case, recruitment will turn out to be a never-ending process as the examination is scheduled on 19-08-2023.”
Right to Vent| Madras High Court quashes charge memo against bank employee who mocked higher authorities on WhatsApp group
“When even prisoners have fundamental rights and it has been declared by the Supreme Court that Part III of the Constitution does not stop at the prison gates, it would be ridiculous to suggest that the moment a person becomes a bank employee, he has to bid good-bye to Article 19(1)(a).”
Madras HC directs State to restore display board prohibiting Non-Hindus from entering Dhandayuthapani Swamy Temple
Madras High Court said that there was a prevailing practice of exhibiting a Board in all Temples that non-Hindus are not allowed in the Temple premises. It is not known as to why the State had removed the Board. Therefore, it granted interim status quo ante.
Allahabad HC grants bail to man having love affair with the deceased on absence of ingredients of abetment to suicide
This is one of the cases where the youth in this country are spoiling their lives due to lure of free relationship with the member of the opposite sex aping western culture and not finding any real soulmate in the end.
HIV positive patients can neither be denied employment nor promotion in employment: Allahabad High Court
HIV/AIDS patients have a right of equal treatment everywhere and they cannot be denied job opportunity or discriminated against in employment matters.
Classic case of lethargic attitude of bureaucrats in India; Madras HC directs DGP to examine representation by Inspector for release of salary
Due to non-payment of salary and non-consideration of petitioner’s representation for four years, all of his family members had suffered mentally and financially.
[Explained] Allahabad High Court verdict in Inter -Religion Live-in Couple’s Protection Plea
Awareness has to be created in young minds not just from the point of view of emotional and societal pressures that Live -in relationships may create, but also from the perspective that it could give rise to various legal hassles.
Madras High Court directs Madras Bar Association to admit members without discriminating on caste, gender, religion, economic status, personal and political affiliations
The Lawyers being homogeneous class, further creating divisions on any criteria including economic status or otherwise will result in losing faith and ordinary Lawyers will get frustrated, resulting young and talented Lawyers leaving the profession. It is the primary duty of the Judicial Institutions to provide a conducive atmosphere for all the practicing Lawyers enabling them to have utmost trust in the Judicial System.
Allahabad High Court puts interim stay on telecast of Al Jazeera documentary ‘India: Who lit the Fuse’
The apprehension expressed by the petitioner is that the telecast of film without adhering to the constitutional and statutory safeguards may result in injuring the public order and thereby the sovereignty and integrity of India
“Dog meat consumption is an ancient Naga custom”: Gauhati High Court sets aside ban on sale of dog meat
Consumption of dog meat is a regarded custom amongst the Nagas since times immemorial and the Food Safety and Standards Act, 2006 already provides for an appropriate authority to issue prohibition orders.
Explained| Allahabad High Court verdict on Gyanvapi Mosque case
In a suit instituted by the Hindu worshippers to secure their right to darshan and pooja of deities Virajman within the premises of the Gyanvapi Mosque Complex, the Allahabad High Court said that merely seeking right to worship Hindu deities does not change the Mosque’s character into a Temple.
Supreme Court | Non- Tribals can settle down and vote in Scheduled Areas
Supreme Court held that the power of the Governor under Clause 5 of the Fifth Schedule does not supersede the Fundamental Rights under Part III of the Constitution of India.
Reservation in favour of residents of a State permissible, but wholesale reservation unconstitutional; Supreme Court reiterates
Supreme Court said that the State Government may examine the data of last few years, to come to a realistic finding as to what should be the extent of these reservations. A wholesale reservation is not serving any purpose, rather it frustrates the very purpose of the reservation
[Police Atrocity Case] Calcutta High Court orders ₹2 lakh compensation to atone laches in allegedly ‘falsely implicated’ case
“The prime concern and endeavour of law should be to secure justice on the basis of truth, which ought to be unearthed through a committed and competent investigating agency.” observes the Court.
50 years of the unprecedented case of Kesavananda Bharati v. State of Kerala and the ‘Doctrine of Basic Structure’
Here is snippet on the evolution of ‘Doctrine of Basic Structure' in the Independent India and how the biggest legal battle continued between the Judiciary and the Legislature, as the landmark case of Kesavananda Bharati v State of Kerela (1973) 4 SCC 225 enters its Golden Jubilee year.