Latest Legal News

Aadhar Authentication for Good Governance: Rules Notified

INTRODUCTION Aadhar Authentication by requesting entities for good governance ( social welfare, innovation, knowledge) rules 2020 notified today by the Central Government. Authentication means submission of Aadhar Number to the Central Identities Data Repository Authority. The Submission is for the purpose of its verification along with demographic information or biometric information. And Central Identities Data Repository then verifies the correctness and lack thereof of documents available with it. And, Requesting Entity is an agency or person who submits the demographic information or biometric information to the Repository for authentication So, Today the central Government has issued the rules regarding the purpose for which the...

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The NARCOTIC DRUGS & PSYCHOTROPIC SUBSTANCE ACT 1985, was passed by legislature with a view to control the threat of Narcotic drugs and psychotropic substances in India. The parliament amended the act in 2001 to rationalize the structure of punishment. It divided the drugs into two categories i.e. “small quantity and commercial quantity”. The punishment for small quantity is mild and for commercial quantity it is stringent. In recent judgment of Hira Singh VS Union of India 2020; Supreme Court interprets that that in case of seizure of mixture of narcotic drugs and psychotropic substances with one or more neutral substance;...

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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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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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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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‘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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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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Fresh petitions filed challenging Citizenship Amendment Act

Today, the Supreme Court of India issued a notice in a batch of fresh petitions challenging the constitutional validity of the Citizenship Amendment Act (CAA), 2019. The three-judge bench comprising Chief Justice of India tagged the five fresh petitions along with 160 other pending matters before the Court. The petitions were filed in February by Tamil Nadu Thowheed Jamath, Shalim, All Assam Law Students Union, Muslim Students Federation (Assam), and Sachin Yadav, but could not be listed due to the COVID-19 pandemic. In today's hearing, the petitioner’s lawyers sought an interim order from the Court to address the conflict of the CAA...

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No Special Treatment for Lawyers During Lockdown

Special Treatment

Today, the supreme court refused to entertain the petition filed by advocate Sachin Sharma regarding seeking a direction to the Government to formulate an appropriate scheme to support advocates from paying their rent, exclusively for the professional premises during the lockdown and observed that special treatment cannot be given to the advocates. After the Court declined the petition, the petitioner has withdrawn the petition and stated that we will withdraw the petition and send the same to the Government. In this petition, the petitioner had pointed out that many lawyers pay rent for their professional premises/rented office space during the lockdown period,...

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‘Mutual Will’ Comes into Effect on The Death of Either of The Joint Testators

High Court of Delhi recently passed a judgment in the case of Vikram Bahl & Anr. vs. Siddhartha Bahl and held that the right of the beneficiary under the mutual will accrue on the demise of either of the executants and during the lifetime of the other executant of the mutual will. "The principle of, a mutual will coming into effect and binding also the testator who may still be alive, on the death of one of the two testators, is well enshrined in the Indian Law", observed Justice Rajiv Sahai Endlaw while decreeing a suit. In the present appeal, late Wing...

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