May 2020

Petition to challenge mandatory imposition of Hindi

A group of five advocates who is practicing out of courts of Delhi, Uttar Pradesh and Haryana, have challenged the Constitutionality of the Haryana Official Language (Amendment) Act, 2020 which is contended to have "arbitrarily" made Hindi as the official language of courts in Haryana. Lawyers Sameer Jain, Sandeep Bajaj, Angad Sandhu, Suvigya Awasthi, and Anant Gupta have assailed an Amendment made to Section 3A of the Haryana Official Languages Act, 1969, whereby Hindi has been designated as the sole official language to be mandatorily used for conducting all work in the civil and criminal courts in Haryana. The primary prayer of...

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Capital Punishment in India

Introduction  In India, the Death penalty is a mode of punishment. Under the Indian Penal Code, 1860, eleven offences are punishable with death. For example-Murder, Abetment of suicide by a minor or insane person, dacoity with murder, etc. Capital punishment/death penalty is a govt. sanctioned practice, where the state shall put to death as a punishment for a crime to a person. The first hanging in India was Nathuram Godse and Narayan Apte in the Mahatma Gandhi assassination case on 15th November 1949. It has been carried out in nine instances since 1995, a total of thirty executions have been taken place in...

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Levying of interest on loan amount during RBI moratorium

The Supreme Court of India issued a notice on a plea concerning the levying of interest on the loan amount despite the RBI-ordering a three-month moratorium on the payment of EMIs till May 31st, which has now been extended till August 31, 2020. The Centre has been asked to respond to the plea in a week's time. Earlier, when the Court took the matter up for hearing through video conference on May 8, Solicitor General Tushar Mehta had told the Court that he would take instructions on this issue from the RBI and the Centre. On March 27, the RBI had permitted...

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Doctrines of Indian Constitution [Part-2]

Doctrine of Basic Structure The Doctrine of Basic Structure states that the Constitution of India has some basic features that can’t be altered or wiped out through amendments by the parliament. The basic features are not specified by the Judiciary and it is considered that federalism, democracy, secularism, independence of the judiciary, etc. are some basic features of the Indian Constitution. Landmark cases: Shankari Prasad vs. Union of India  It was claimed that the amendment that violates the fundamental rights of the citizens is not conceded by Article 13. However, in case Golak Nath vs. the State of Punjab, the Supreme Court affirmed a...

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Doctrines of Indian Constitution [Part -1]

Doctrine of Pith and Substance The Union and State Legislatures are made supreme and had their respective spheres and they should not encroach into the spheres of the other. The ‘pith and substance’ of law means ‘the true object of the legislation and statute’. If any law passed by one clash or encroaches upon the field assigned to the other then the court will use the doctrine of pith and substance to determine whether the Legislature concerned was competent to make it. It arises when there is a conflict between two or different subject matters of different lists. The reason...

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Order for paying school fees and salary to teachers

Punjab and Haryana High Court in the case of Independent Schools' Association Chandigarh (Regd.) and others v. State of Punjab and others allowed that the schools in the State to collect 70% of the total fee payable by students as interim relief in pleas by school management associations amid the COVID-19 lockdown. Advocate Aashish Chopra appearing for the petitioner i.e. school management associations and told the High Court that the State Government had issued a memo on May 14th for directing schools to only collect tuition fees for the conduct of online classes during the present period and not building charges,...

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Examination of Witnesses

Introduction The witnesses when called to prove the facts of the case produce an affidavit to prove his facts or record his statement in the presence of the judge. This record of the statement is called as Examination in Chief. After Examination in Chief, the Cross-Examination takes place. The examination of the witness by asking questions related to the case by an opposite party counsel is called Cross-examination. The examination of a witness subsequent to Cross-examination is called Re-examination. The law of evidence is a system of rules for ascertaining controverter questions of fact. The principal of the Indian Evidence Act, 1872...

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‘Patent Illegality’: Ground Available to Set Aside Domestic Arbitral Awards

The Supreme Court observed that an arbitral award can be set aside under Section 34 of the Arbitration and Conciliation Act if it is patently illegal or perverse. Justices R. Banumathi, Indu Malhotra, and Aniruddha Bose observed that ground of patent illegality is a ground available under the statute for setting aside a domestic award made after the 2015 amendment to the Arbitration and Conciliation Act. The award in the instant case was made on March 29, 2016. If the decision of the arbitrator is found to be perverse, or, so irrational that no reasonable person would have arrived at the same,...

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Payment of Bonus Act, 1965

Introduction The Payment of the Bonus Act, 1965 provides for payment of bonus to employees employed in certain establishments based on its profits or based on production or productivity. It extends to the whole of India and it imposes a legal responsibility upon the employer of every establishment covered under the Act to pay the bonus to employees and to prescribe the minimum and maximum percentage of bonus. Applicability of the Act The Payment of Bonus Act applies to the establishments which fall under any of the below listed: It applies to any factory or establishment which had 20 or more workers employed...

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Opinion on Resuming Regular Courts

The Bar Council of India has decided to consult Advocates from the Supreme Court and all High Courts and District Courts to gather opinion on the resumption of regular court hearings. The BCI said that it has received various complaints and concerns from lawyers regarding virtual hearings. Also said that the video conferencing hearings have been marred by disturbances on account of poor connectivity or other technical glitches. It adds further that listing of cases on the basis of "pick and choose" in some High Courts was also a concern flagged. The BCI statement adds that the Chief Justice of India...

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