No personal information even if she is your wife, Rules Karnataka High Court

RTI
While considering an application under the provisions of Right to Information Act, seeking certain information relating to the passport issued to his wife by the Regional Passport Officer, Passport officer rejects husband’s RTI application, and informed the applicant that, the info cannot be furnished. Such information is not liable to be disclosed in view of the provision of Section 8(1)(j)...

Pay Compensation if police fail to crack cases

Chennai HC
While passing interim orders, on a petition filed by the father of a 15-year-old girl, who was murdered for gain in Pudukottai district in March 2011, Justice S Nagamuthu of the Madras High Court held that, the State government is liable to pay compensation to the victims even in cases which remain unsolved for years together and recover the money from the criminals after the police succeed in nabbing...

Backward Class Community to remain Backward Class

Chennai HC
Ayesha, born in a Hindu family, embraced Islam on November 28, 2005, and in August 2014 she obtained community certificate stating that she belonged to Muslim Labbai community. As per a July 19, 1994 government order, Muslim Labbai is a recognised Backward Community. She wrote the examination for junior assistant/typist group-IV in December 2014 and scored...

Salman Khan Case deferred to July 1, 2015

Salman Khan Bollywood Superstar
While hearing the criminal appeal filed by Bollywood superstar Salman Khan against his conviction in the hit-and-run case in which he has been awarded a five-year jail sentence, Bombay High Court has adjourned the appeal till July 1. EarlierSessions Court convicted the Bollywood superstar Salman Khan in the hit-and-run case five-year jail term. A man was...

Cabinet Approves Ordinance to amend Negotiable Instruments Act

According to the Official release, “the cabinet has given its approval for the proposal to promulgate the Negotiable Instruments (Amendment) Ordinance, 2015”. Thereby, Cabinet approved an ordinance to amend the Negotiable Instruments Act, which provides for filing of cheque bounce cases in place where the cheque was issued, a move that will benefit many people. ...

Judges Appointing Judges and collegium system

Supreme Court of India
The five-member constitution bench headed by J S Khehar of the Honourable Supreme Court, while hearing the case which challenging the National Judicial Appointments Commission (NJAC) Act where the Act seeks to replace the two-decades-old collegium system, said that, the Constitution framer would have turned in his grave many times “with all that is happening”. ...

Racial discrimination in the ancient India

Sai Manoj Reddy, Student of Law, VIT Law School, Chennai History (Ancient India) The least challenged racism remains that of Indian Caste system. Indo-Aryans started the Caste system in India after they conquered it, to preserve their racial purity in India. Now the Caste system is a part of Hinduism. The Hindu religious name for the Caste system is Verna,...

Growth of justice, equity and good conscience

Legal System in India
Mahima Gherani, Student of Law, VIT Law School, Chennai The origins of imports of common law into India have been seen from the early 1661 onwards. From the early charters, which established English Courts in India wanted the judges to act according to ‘justice, equity and good conscience’ in deciding cases when no source of law was identifiable1. The...

Influence of English law in Indian legal system

Law
Lohitashwa Pratap Singh, Student of Law, VIT Law School, Chennai In India the concept and principles and rules of the English law initially spread over a few provinces and gradually over all the states in India. It is well known that British came to India to advance themselves, to establish themselves as traders and acquired power and having acquired power,...

10 year jail term to vegetable seller in rape case

While refusing to interfere with the trial court’s decision, Justice SP Garg of Delhi High Court said that, the convict, a vegetable seller “deserves no leniency particularly when the victim was aged about five years and was like his daughter”, and uphold the 10 year jail term awarded to a man for raping a five-year-old girl in his rented accommodation in New Delhi in 2007. ...

A critique on phishing crime in India

Cyber crime, phishing case in india, ecommerce
Yogesh Prasad Kolekar1. ABSTRACT A Phishing a crime of fraud or deception through emails. The perpetrator sends email resembling legitimate one to lure the user to reveal a password or financially vital code. As opening an email account is a simple process and does not require any factual identity verification, hence, emails are also a popular medium to commit...

Girlfriend entitled for maintenance of Rs. 2500 per month

Love break up maintenance girlfriend
In an interesting case for maintenance, Nadapuram First Class Magistrate Court directed the accused to pay Rs. 2500/- per month to his girlfriend. Petitioner was a widow and was in a long term live-in relationship with the accused since 2004. Accused married another girl in the year 2013. As a result she was kept away from the house where both the accused and petitioner were staying till then. ...

A Review of Biomedical Waste (Management and Handing) Rules, 1998

Waste Management a serious social issue
Dr. Sujata Pawar,1B.Com, LL.M,NET,SET, PhD ABSTRACT The Government of India, has notified Biomedical Waste (Management and handing) Rules, 1998 under the Environment (Protection) Act, 1986  and is applicable to all persons who generate, collect, receive, store, transport, treat, dispose, or handle biomedical waste in any form. The World Health Organization...

Growth of criminal law in India

Law
Mahima Gherani, Student of Law, VIT Law School, Chennai The present criminal system of India was not a sudden creation. It has been evolved as the result of slow and gradual process and bears the imprint of the different period of Indian history. In this article, we can understand how criminal law developed over years in India in a systematic format starting...

Offshore investors cannot seek legal recourse for assured return investments

Bombay High Court
Bombay High Court, in the case filed by IDBI trusteeship Services, on behalf of FMO, against Hubtown as the guarantor, while upholding the Foreign Direct Investment (FDI) in real estate can be made only by way of equity and not debt by way of any fixed return, held that, offshore investors cannot seek legal recourse for their assured return investments in India. These assured return investments typically...

Government affidavit on benefits to transgender

Division Bench of Kerala High Court comprising of Chief Justice Ashok Bhushan and Justice A.M. Shaffique, while considering a petition filed by High Court lawyer Basil Attipety, seeking a directive to the State government to grant Rs.10,000 as allowance to every transgender in the State a month and direct the Social Justice and Empowerment Department to provide free education, food, shelter, clothing,...

Judicial reforms in ancient India: An overview

Law
Balakumar Rajendran, Student of Law, VIT Law School, Chennai Lord Cornwallis succeeded Warren Hastings and came to India in September 1786 and he continued to be the Governor General up to 1793. He introduced reforms in the administration of civil and criminal justice, and great success was achieved in controlling corruption. The regulating act did not establish...

Constable’s Death: BSF to pay ex-gratia after 5 years

BSF
Bench comprising Justices Pradeep Nandrajog and Pratibha of Delhi High Court directed the Border Security Force (BSF) to pay ex gratia compensation to families of its personnel dying on active duty even if the cause turned out to be pre-existing ailments. Court observed that, “a person on active duty, when returns to the barrack after patrolling along the...

Custody of girl child should be kept with mother

Bombay High Court
Division bench of Bombay High Court (Nagpur Bench) comprising Justice Vasanti Naik and Anant Badar, while dismissing the appeal filed by a man, who challenged the family court’s order refusing to grant him his daughter’s custody in August 2013, said that, “the custody of a girl child should be allowed to remain with her mother so that she could be looked after properly.“ ...

US Co Abraxiss patent application on cancer drug refused

Abraxine Bioscience Cancer drug patent application
Patent application filed by the US firm Abraxis BioSciences for their anti-cancer drug Abraxane, has been refused by the Indian Patent Office on the ground that, it lacks inventive step, and violates Section 3 (d) of the Indian Patent Act. Decision of Indian Patent Office will now be paving the way for generic companies to launch affordable versions in the domestic market. ...