Page 2 - Law

HC quashes summons against ex-DU college principal in suicide abetment case

The Delhi High Court said decisions of a person holding a certain position may be harsh and impact an employee but they cannot be held liable for abetting a staffer's suicide in the absence of criminal intent. Justice Amit Sharma's observation came while quashing a trial court order summoning the former principal of B R Ambedkar College of Delhi University and a senior assistant working in the principal's office in a 2013 case of abetment to suicide of a woman staffer of the college. "A person holding a certain post, whether in a private sector or a public sector, in the course of duties has to take certain decisions which at times can be harsh causing hardship to an employee," the judge wrote in his October 29 order. The court further said in the absence of the requisite mens rea (criminal intent), the action could not be termed as one amounting to incitement or abetment under Section 306 of the IPC. "There cannot be an absolute rule and each case will depend on its facts and ...

Govt enforces new amendments to Rights of Persons with Disabilities rules

The government has enforced new amendments to the Rights of Persons with Disabilities (RPwD) rules, which aims to streamline the application process for disability certificates and Unique Disability Identity (UDID) Cards to improve accessibility and provide more efficient services for persons with disabilities. Under the new rules, individuals with specified disabilities can apply for disability certificates and UDID cards through the UDID Portal, submitting applications to their district medical authorities or medical facilities where they are undergoing treatment. The amendments also introduce color-coded UDID cards, signifying different levels of disability: White for disabilities below 40 per cent, Yellow for 40-79 per cent and Blue for those with 80 per cent or higher disability. Additionally, the new rules ensure that medical authorities must issue disability certificates and UDID cards within three months of a diagnosis. If an application remains unresolved for over two year

Lack of clarity in laws will lead to judicial intervention, says Amit Shah

Union Home Minister Amit Shah on Tuesday stressed the need for clarity in laws, stating that judiciary can intervene only when people responsible for drafting legislations leave "grey areas". He was addressing the Gujarat legislative assembly here as part of a day-long 'Legislative Drafting Training Workshop' organised for the officials of the assembly secretariat. "I know that whatever I am going to speak will create a controversy, but I want to tell you that the judiciary will intervene only when you leave any grey area in drafting the legislation. More clarity in the legislation, less the intervention of courts," Shah said in his address to the House, where MLAs, MPs as well as former legislators and Speakers were present. Citing the Modi government's move of abrogating Article 370, he said, "When the Article was drafted, it was clearly written that it is a temporary provision of the Constitution which can be removed through an amendment that can be passed through a simple ...

SC slams Finance Ministry for asking data from debts recovery tribunals

The Supreme Court on Monday pulled up the Union Finance Ministry for seeking data from the Debts Recovery Tribunals (DRT) over the amount recovered on the basis of the tribunals' orders and sought an explanation. A bench comprising Justices Abhay S Oka and Augustine George Masih said the ministry could not treat the judicial staff of the DRTs as its subordinates and owed an explanation for calling upon the tribunals to collect such huge data within a short time. "You are treating the judicial staff as if they are your subordinates. We expect an apology from the government. Such extent of collection of data is sought within three days. If you want data to be collected, additional staff as required by DRT should be provided. This will not be tolerated. Some of them are judicial officers you are treating them as subordinates," the bench said. The top court expressed its surprise over the DRTs carrying out such an exercise. "The secretary of the department concerned shall look into the

SC stresses on uniform standards for student safety at coaching centres

The Supreme Court on Monday stressed on having "uniform standards" to the extent possible to ensure safety and security of students studying at coaching centres. A bench of Justices Surya Kant and Ujjal Bhuyan was hearing a matter related to the deaths of three civil service aspirants at a coaching centre in the national capital in July due to the flooding in the building's basement. On July 27, the three students drowned in the basement library of Rau's IAS Study Circle in Delhi's Old Rajinder Nagar area after it was flooded following heavy rains. The top court was informed by senior advocate Siddharth Dave, who is assisting the top court as an amicus curiae, about the broad areas that required attention. Dave referred to the aspects of fire safety, fee regulation, student to classroom area ratio, student to teacher ratio, installation of CCTVs, medical facilities, mental health care and counselling for those studying at coaching centres. He suggested that all states be impleaded

'Judge resigning for polls may impact public perception of impartiality'

A judge resigning from office to immediately contest elections may affect the public perception of his impartiality, Supreme Court Justice BR Gavai said and asserted judicial ethics and integrity are fundamental pillars that uphold the credibility of the legal system. Justice Gavai was addressing an annual conference for judicial officers of Gujarat on Saturday. "Judicial ethics and integrity are fundamental pillars that uphold the credibility of the legal system. A judge's conduct while on the bench and off the bench must be in consonance with the highest standards of judicial ethics. A judge praising a politician or a bureaucrat while in office and outside the scope of courtesy may affect the public's trust in the judiciary as a whole," he emphasised. "For instance, a judge of the Supreme Court of America had to apologize for comments criticising a presidential candidate. Another example is that if a judge resigns from his office to immediately contest elections it may affect ...

Rationality of Assam Accord re-established: AASU after SC judgement

The All Assam Students' Union (AASU), one of the signatories of the Assam Accord of 1985, on Thursday welcomed the Supreme Court judgement regarding the pact's cut-off date and said it re-established the "rationality" of the historic agreement. Hours after the apex court pronounced its judgement, AASU welcomed the verdict and said it is the victory of the struggling people of Assam who have stood selflessly in favour of the Assam Accord for the past four decades. In a majority verdict, the Supreme Court on Thursday upheld the constitutional validity of Section 6A of the Citizenship Act which grants Indian citizenship to immigrants who came to Assam between January 1, 1966 and March 25, 1971. A five-judge Constitution Bench, headed by Chief Justice D Y Chandrachud, said the Assam Accord was a political solution to the problem of illegal migration. "This verdict re-established the rationality of the Assam movement and the Assam Accord. We pay tribute to the martyrs on this historic .

Govt issues guidelines to prohibit greenwashing, misleading green claims

The government on Tuesday unveiled comprehensive guidelines to regulate greenwashing and misleading environmental claims by companies, aiming to protect consumers and promote transparency in eco-friendly marketing. Greenwashing refers to claims by companies about any product or service having climate-friendly impact. The new guidelines, issued by the consumer affairs ministry, aim to ensure that eco-friendly assertions are backed by verifiable evidence and clear disclosures. Briefing media, Consumer Affairs Secretary Nidhi Khare emphasized that the guidelines do not prohibit environmental claims but seek to ensure they are made with integrity and transparency. "The claims have to be supported by verifiable evidence and independent studies," the secretary said. For instance, terms like '100% eco-friendly', 'zero emissions', and 'cruelty-free' must now be substantiated with accurate and accessible qualifiers. The guidelines provide definitions for 'greenwashing' and 'environmental

Probe can't be thwarted by quashing FIR if prima facie case evident: SC

The Supreme Court has said when a First Information Report (FIR) alleges dishonest conduct by an accused and materials disclose commission of a cognisable offence then the investigation cannot be thwarted by quashing the FIR. A bench of Justices JB Pardiwala and Manoj Misra said it was trite law that an FIR was not an encyclopedia of all imputations. It further observed that while deciding if a criminal proceeding or an FIR should be quashed at the very threshold, the allegations in the FIR, including the materials collected during investigation, should be taken at face value to determine whether or not a prima facie case against the accused for investigation was made out. "Thus, when the FIR alleges dishonest conduct on the part of the accused which, if supported by materials, would disclose commission of a cognisable offence, the investigation should not be thwarted by quashing the FIR," the bench said in its verdict pronounced on October 14. The top court's decision came on an .

SC refuses to hear fresh plea over alleged demolition of properties

The Supreme Court on Monday refused to entertain a plea over the alleged demolition of properties across states in the country. A bench of Justices B R Gavai and P K Mishra were not inclined to hear the plea following which the counsel for the petitioners withdrew it. The bench told the petitioners' counsel that it has recently reserved its verdict on a batch of petitions raising the plea that properties, including those belonging to persons accused of crimes, were being demolished in several states. "It is already closed for judgement. Be reasonable," the bench observed, adding that its judgement might also deal with the issue raised by the petitioners. The petitioners' counsel claimed there was data from nine states in the plea and lakhs of people had been affected owing to the demolitions. The counsel was subsequently allowed to withdraw the petition. On October 1, the top court had said it would frame pan-India guidelines on demolition of properties and religious structures i

SC to hear bail plea of businessman in Delhi excise policy scam on Monday

The Supreme Court is scheduled to hear on Monday the bail plea of Hyderabad-based businessman Abhishek Boinpally in a money laundering case related to the alleged Delhi excise policy scam. As per the cause list, a bench of Justices M M Sundresh and Aravind Kumar is likely to take up the matter. The top court had on August 13 extended the interim bail granted to Boinpally. On March 20, the top court noted that the businessman had been in custody for 18 months and directed his release on interim bail for five weeks. Since then, Boinpally's interim bail has been extended from time to time by the apex court. While granting him interim bail, the top court had asked Boinpally to surrender his passport and directed him not to leave the National Capital Region except for a visit to Hyderabad. The businessman has challenged a July 3, 2023, order of the Delhi High Court that dismissed his petition questioning the legality of his arrest in 2022. The businessman had contested his arrest bef

DHFL bank fraud: SC asks CBI to file response on Nawandar's bail plea

The Supreme Court has directed the CBI to file its response on the bail plea filed by businessman Ajay Ramesh Nawandar in a Rs 34,615-crore bank fraud case involving Dewan Housing Finance Limited (DHFL). A bench of Justices Vikram Nath and Prasanna B Varale has extended the interim protection granted to Nawandar to remain in hospital till October 14. "In the meantime, the respondent is directed to get the petitioner's eyes tested from a senior consultant at the Dr Rajendra Prasad Centre for Ophthalmic Sciences, AIIMS, New Delhi, and submit a report before the court on the said date. "The respondent (CBI) will also file its counter-affidavit or obtain instructions as it may feel appropriate on the main petition seeking bail," the bench has said. The top court was hearing Nawandar's plea challenging a May 31 order of the Delhi High Court that dismissed his bail petition. The high court had noted that the CBI has taken a serious and consistent stand that the applicant is an influenti

OnlyFans user Richardson pleads guilty in child pornography case: Report

Richardsons case was cited in a Reuters investigation in July about complaints to police that child sex abuse material was featured on OnlyFans

Pending cases can't disqualify person from seeking opportunities abroad: HC

Mere pendency of a criminal case does not automatically disqualify a person from exercising his right to seek long-term opportunities abroad, the Delhi High Court has noted. The court also directed the passport authorities to issue within two weeks a police clearance certificate (PCC) to a man, who has pending criminal cases and needs to submit a document to Canadian authorities to set up a business there. Noting that the rights and interests of the petitioner must be balanced with the authorities' obligation as a sovereign entity, the high court directed that a PCC be issued to the man explicitly mentioning the pending criminal cases against him as well as the fact that he has complied with the Regional Provident Fund Commissioner's (RPFC) order by making the required deposit. This would provide complete transparency to the Canadian authorities for their assessment of his visa application. The PCC shall be issued in two weeks' time from today, Justice Sanjeev Narula said in an orde

Shouldn't file cases against scribes if writings perceived as criticism: SC

Criminal cases should not be slapped against journalists merely because their writings are perceived as criticism of the government, the Supreme Court said on Friday. A bench of Justices Hrishikesh Roy and SVN Bhatti said in democratic nations, the freedom to express one's views is respected and the rights of journalists are protected under Article 19(1)(a) of the Constitution. The bench was hearing a plea filed by journalist Abhishek Upadhyay, who has sought quashing of an FIR lodged against him in Uttar Pradesh for allegedly publishing a news report on the "caste dynamics of the general administration" in the state. "Merely because writings of a journalist are perceived as criticism of the government, criminal cases should not be slapped against the writer," the bench said. While issuing a notice to the Uttar Pradesh government seeking its response on the plea, it said, "In the meantime, coercive steps should not be taken against the petitioner in connection with the subject ...

Govt proposes to amend Geographical Indications law, seeks comments

The government is planning to amend the Geographical Indications (GI) of goods' law and has sought comments from public and concerned stakeholders for the same. Stakeholders can submit their comments and suggestions by October 10. "The Department for Promotion of Industry and Internal Trade (DPIIT) is in the process of amending the Geographical Indications of Goods (Registration and Protection) Act, 1999," according to a public notice of the commerce and industry ministry. A GI is primarily an agricultural, natural or manufactured product (handicrafts and industrial goods) originating from a definite geographical territory. Typically, such a name conveys an assurance of quality and distinctiveness, which is essentially attributable to the place of its origin. There is a proper process of registration of GI products which includes filing of application, preliminary scrutiny and examination, show cause notice, publication in the geographical indications journal, opposition to ...

Govt considering three bills to implement 'One Nation, One Election' plan

The government is likely to bring three bills, including two to amend the Constitution, to put in place its plan to hold simultaneous elections. One of the proposed Constitution amendment bills, that deals with aligning the local bodies elections to that of the Lok Sabha and the Assemblies, will require an endorsement from at least 50 per cent of the states. Moving ahead with its 'one nation, one election' plan, the government earlier this month accepted the recommendations of the high-level committee for holding simultaneous polls for the Lok Sabha, state assemblies and local bodies in a phased manner after a countrywide consensus-building exercise. The proposed first constitutional amendment bill would deal with making provisions for holding Lok Sabha and state legislative assembly elections together. Citing recommendations of the high-level committee, sources said the proposed bill would seek to amend Article 82A by adding sub-clause (1) relating to the 'appointed date'. It will

Govt notifies Advocates Amendment Act, to come into force on Sep 30

The Law Ministry on Friday notified a law which seeks to punish touts functioning in courts. The notification said the central government appoints September 30 as the date on which the provisions of the Advocates (Amendment) Act, 2023 will come into force. Passed by Parliament in the fag end of 2023, the law provides for preparation and publication of lists of touts. Tout means a person who procures, in consideration of any remuneration from any legal practitioner, business from him or her. But at the same time, no one's name will be included in any such list until he has been given an opportunity to prove innocence. All the aspects which are dealt with in the Legal Practitioners Act, 1879 are already covered under the Advocates Act, 1961 except the matter relating to 'touts'. All sections of the Legal Practitioners Act, 1879, except three sections have been repealed through the Advocates Act, 1961. The Law Commission in its report 'Obsolete Laws: Warranting Immediate Repeal' had

CJI advises young law graduates to be great minded, compassionate humans

Chief Justice of India DY Chandrachud on Sunday said true leaders recognise their strengths and weaknesses, and use their strengths to build others up while seeking help to cover their blind spots. Speaking at the 32nd Annual Convocation Ceremony of National Law School of India University (NLSIU) here, he stressed on the importance of individuality and decision making with patience. "The process of decision-making is filled with uncertainty but this is hardly anything to be afraid of because it is precisely in these moments of uncertainty that your character is forged. Whatever your path is in the coming years, your own decisions are likely to have positive consequences and I urge you to embark on this journey with patience and humility as your companions," he said. Highlighting the virtue in being patient, Justice Chandrachud said studies have shown that we have become a generation of short-term gratification. "The exigencies of a rapidly changing world, climate change, new modes

Bombay HC strikes down amended IT Rules, terms them as unconstitutional

The Bombay High Court on Friday held as unconstitutional and struck down the amended Information Technology (IT) Rules which sought to identify fake and false content on social media against the government. The matter was assigned to Justice A S Chandurkar as 'tie-breaker judge', after a division bench in January delivered a split verdict on the petitions challenging the amended IT rules. Justice Chandurkar on Friday held that the rules violated constitutional provisions. "I have considered the matter extensively. The impugned rules are violative of Article 14 (right to equality), 19 (freedom of speech and expression) and 19(1)(g) (freedom and right to profession) of the Constitution of India," the judge said. The expression "fake, false and misleading" in the Rules was "vague and hence wrong" in the absence of any definition, he added. With this ruling, the high court allowed the petitions filed by stand-up comedian Kunal Kamra and others challenging the new rules, including the