6 July 2020


News

Permanent Court of Arbitration Holds Italy Liable to Compensate India in Enrica Lexie Case - 03.07.2020

Permanent Court of Arbitration, in Enrica Lexie case, has unanimously held that India is entitled to claim compensation from Italy. The Court has also held that the Marines are entitled to immunity in relation to the acts that they committed during the incident of 15th February 2012, and that India is precluded from exercising its jurisdiction over the Marines.

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Calcutta HC Restrains Bank from Declaring Borrower as 'Wilful Defaulter' - 03.07.2020

Calcutta High Court has passed an interim order restraining the Punjab National Bank from declaring a borrower as a "wilful defaulter'. The Court has stated that in the circumstance of a pandemic, a balance between convenience and inconvenience should be the primary guiding factor to declare a defaulter as ‘Wilful Defaulter’.

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National Company Law Appellate Tribunal to Remain Closed Until July 10 - 03.07.2020

National Company Law Appellate Tribunal (NCLAT) has been closed until 10thJuly, 2020, after two members of the staff tested positive for COVID-19.

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Allahabad HC Allows Release of Prisoners on Personal Bonds Due to Non-Availability of Sureties - 03.07.2020

Allahabad High Court has ordered that all the accused persons, whose bail applications had been allowed subsequent to 15th March, 2020 but had not been released due to non-availability of sureties amid the lockdown, may be released on execution of personal bonds.

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P&H HC: Condition for Grant of Bail Should be Easily Compliable - 03.07.2020

Punjab and Haryana High Court has held that the bail conditions imposed by a Court should not be so onerous that they prove "fatal to bail". The Court has said that the condition of bail should be easily compliable so as to not defeat the bail itself.

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Delhi HC Directs Centre to Publish Draft EIA Notification 2020 in 22 Official Languages - 03.07.2020

Delhi High Court has directed the Central Government to publish the draft Environment Impact Assessment (EIA) notification, 2020 in 22 official languages.

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Calcutta HC: Extent of Interference on Arbitral Award by Court Curtailed by Section 34 - 02.07.2020

Calcutta High Court has observed the arbitrator is seen as the final authority on the appraisal of facts and unless such appraisal is found to be perverse or manifestly unreasonable, the Award should remain undisturbed. The Court said that the extent of interference by a Court on the factual score is substantially curtailed under section 34 of the Arbitration and Conciliation Act, 1996.

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Kerala HC: Persons with Infirmities Affecting Cognitive Functions can File Suit Through Friend - 02.07.2020

Kerala High Court has held that persons having physical infirmities like deafness or dumbness which seriously affect their cognitive functions can file a suit through next friend invoking Order 32 Rule 15 of the Code of Civil Procedure, 1908.

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P&H HC Denies Bail to Student Accused in Ryan School Murder Case - 02.07.2020

Punjab and Haryana High Court has denied the bail plea of a class XII student, a minor and the prime accused in the 2017 Ryan School Murder case, stating that the Supreme Court had directed to treat him as an "Adult" for the purposes of trial.

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Madras HC Directs Production of Accused Before Magistrate in Place of Arrest - 02.07.2020

Madras High Court has held that a person involved in an offence in Tamil Nadu/Puducherry, but arrested in a place outside the region, shall be physically produced before a Judicial/Metropolitan Magistrate in the place of his arrest, though the Magistrate may not have the jurisdiction.

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Madras HC Directs Private Schools Associations for Payment of School Fees in Instalments - 02.07.2020

Madras High Court has directed the associations of private schools to formulate a scheme with respect to payment of school fees "in instalments".

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SC: Awarding Compensation Towards 'Loss of Love & Affection' Separately Not Justified - 01.07.2020

Supreme Court has observed that there is no justification to award compensation towards loss of love and affection as a separate head, in addition to awarding compensation for loss of consortium.

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Telangana HC Launches 'Mobile Video Conference Facility' to Assist Appearance of Lawyers - 01.07.2020

Telangana High Court has inaugurated the "Mobile Video Conference Facility" to assist appearance of lawyers situated in remote locations in the video conference hearings before Court.

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SC Rejects Anti-Sikh Riots Convict Mahender Singh Yadav's Plea for Interim Bail - 01.07.2020

Supreme Court has rejected the interim bail of Mahender Singh Yadav, co-accused in the 1984 Anti Sikh Riots.

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Delhi HC: Copy of Jail Superintendent's Report Must be Given to Bail Applicant - 01.07.2020

Delhi High Court has observed that as a general rule, a copy of the report given by the Jail Superintendent as well as by the Investigating Officer should be supplied to the Applicant so that Accused can properly understand the reasons given therein and defend their case.

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P&H HC: All Schools Entitled to Collect Tuition Fee, Regardless of Whether Online Classes Offered - 01.07.2020

Punjab and Haryana High Court has held that all schools, irrespective of whether they offered online classes during the lock-down period or not, are entitled to collect the tuition fee.

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Delhi HC: Wife’s Conduct in Not Taking Initiative in Household Work is Not Cruelty - 01.07.2020

Delhi High Court has observed that conduct of the respondent-wife of being interested in remaining in her room or not showing initiative in doing household work can by no stretch of imagination be described as cruel behaviour and that too upon the appellant/husband.

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Delhi HC: Evidence Collected in Breach of Right to Privacy Alone Doesn't Make it Inadmissible - 01.07.2020

Delhi High Court has held that evidence collected in breach of the fundamental right to privacy alone would not make it inadmissible in Court of law.

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Delhi HC to Continue Restrictive Functioning Till July 15 - 30.06.2020

Delhi High Court has decided to continue with restricted functioning in light of the extension of the nationwide lockdown till 15th July, 2020.

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Calcutta HC: Cruelty to Wife for Dark Complexion Attracts Section 498A IPC - 30.06.2020

Calcutta High Court has held that causing cruelty to a wife for dark complexion by her husband and in-laws will attract the offence of cruelty under Section 498A of the Indian Penal Code, 1860.

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Madhya Pradesh HC Directs Installation of 'Non-Chinese' LED TV as Pre-Condition for Bail - 30.06.2020

Madhya Pradesh High Court has directed two accused to install coloured LED TV at a local District Hospital, manufactured anywhere but in China, as a pre-condition for bail.

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Delhi HC Extends Time for Filing Objections to Draft EIA Notification 2020 Till August 11 - 30.06.2020

Delhi High Court has extended the time period granted by the Central Government for filing objections to the draft Environment Impact Assessment Notification, 2020 till 11th August, 2020.

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SC: Purchase Tax Leviable on Purchase Turnover of Empty Bottles - 30.06.2020

Supreme Court has held that under Section 7-A of the he Tamil Nadu General Sales Tax, 1959, purchase tax is leviable on the purchase turnover of empty bottles purchased by the Assessee in the course of its business of manufacture and sale of Beer and Indian-made foreign liquor.

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President Promulgates Banking Regulation (Amendment) Ordinance, 2020 - 29.06.2020

President of India Ram Nath Kovind has promulgated the Banking Regulation (Amendment) Ordinance, 2020, which seeks to protect the interests of depositors and strengthen cooperative banks by improving governance and oversight by extending powers of the Reserve Bank of India.

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SC: HC Cannot Convert Itself into Court of Appeal While Considering Petitions Under Article 227 - 29.06.2020

Supreme Court has stated that while hearing a Petition under Article 227 of the Constitution of India, 1949, a High Court cannot convert itself into a Court.

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Delhi HC Stays NLU-Delhi's 50% Reservation for Delhi Students - 29.06.2020

Delhi High Court has stayed the decision to introduce 50% horizontal reservation in National Law University, Delhi to students who passed their qualifying exam from the institutes located within the National Capital Territory.

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