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Issue 3 • February 2018 |
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1. The Supreme Court of India, in Indira Jaising vs. Supreme Court of India, Through Secretary General and Others, has held that the designation of ‘Advocates’ as ‘Senior Advocates’ as provided for in Section 16 of the Advocates Act, 1961, would pass the test of constitutionality and the endeavour should be to lay down norms/guidelines/parameters to make the exercise conform to the three requirements of the Statute. [(2018) 1 MLJ 582 : LNIND 2017 SC 2913] Read more 2. The Supreme Court of India, in Santhini vs. Vijaya Venketesh, has held that in view of the scheme of the Family Courts Act, 1984 and in particular Section 11, the hearing of matrimonial disputes may have to be conducted in camera. [(2018) 1 MLJ 267 : LNIND 2017 SC 472] Read more 3. The Madras High Court, in Archer Power Systems Private Limited, Represented by its Director Rohit Rabindernath vs. Kohli Ventures Limited, Company incorporated in British Virgin Island and Others, has held that arbitration being a creature of contract, intention of the parties is extremely sanctus. This is reinforced and reflected in Parliamentary wisdom in introduction of proviso to Section 2(2) of A and C of Arbitration and Conciliation Act. [(2018) 1 MLJ 513 : LNIND 2017 MAD 4006] Read more 4. The Madras High Court, in Selvam @ R.P. Selvaraj vs. State, rep. by The Inspector of Police, Peelamedu Police Station, Coimbatore District (Crime No. 778 / 2015), has held that in the light of the provocation given by the deceased verbally followed by physical attack, the act of the Appellant/accused falls within the Exception [4] to Section 300 IPC. [(2018) 1 MLJ (Crl) 226 : LNIND 2017 MAD 4569] Read more Click here to register for Lexis®India Trial/Demo For training, write to online.in@lexisnexis.com |
Legal News |
(a) The Supreme Court of India has granted three months’ time to all States and Union Territories to implement the Rights of Persons with Disabilities Act 2016, the amended statute which has conferred more rights. (b) In spite of the press conference held by four sitting Judges of the Supreme Court of India and its aftermath, there is no change in the composition of the Constitution Bench which is going to hear the important cases referred to it. (c) The Madhya Pradesh High Court had held that the decision of criminal Court on the basis of compromise or an acquittal cannot be treated that the candidate possesses good character, which may make him eligible, as the criminal proceedings are with the view to find culpability of commission of offence whereas the appointment to the civil post is in view of his suitability to the post. (d) The Delhi High Court has held that the sovereignty and integrity of the country are robust concepts that can withstand the actions of isolated individuals who may seek political asylum; their mere action in so seeking asylum-without more, by way of action tending to undermine the sovereignty, through actions that can result in disorder or violence-cannot be a ground for refusing passport to them. |
Legislation Updates |
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