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 deadlocked yet again india legal
deadlocked yet again - india legal

The mode of appointing judges remains a moot issue. Senior advocate in the Supreme Court, Arvind Datar, told India Legal that the “collegium system” in the Supreme Court has worked well. There have been mistakes but their incidence is not alarming. He is more concerned about the modus operandi with regard to the choice of judges of high courts. He thinks that there is not enough of internal transparency.He says: “If a high court collegium recommends 15 names to the Supreme Court for appointment as judges in the high court, 11 are accepted and four are rejected. No reasons are given as to why the four are rejected. When the chief justice of a high court has recommended names, he or she would have scrutinised the eligibility of the person before making the recommendation. The Supreme Court s

indian legal channel on the anvil

~By Punit MishraIndia will soon have its own dedicated legal channel like in some other countries. Media reports have indicated that the law ministry is mulling its own television channel to broadcast discussions on key legal issues such as uniform civil code and triple talaq. The move could prove instrumental in India’s efforts to spread legal literacy.While India is a late entrant in launching a dedicated legal channel as compared to many countries which have already launched separate legal channels on television as well as over the internet, the only silver lining is that the initiative is being taken by the Government of India, which adds credibility to it.The channel will not restrict itself to only discussions on legal issues. It will also feature debates on important judgements in a

ganga, yamuna are now legally people; is it a start of looking after them?

In the space of a week, the world has gained three notable new legal persons: the Whanganui River in New Zealand, and the Ganga and Yamuna Rivers in India.
In New Zealand, the government passed legislation that recognised the Whanganui River catchment as a legal person. This significant legal reform emerged from the longstanding Treaty of Waitangi negotiations and is a way of formally acknowledging the special relationship local M?ori have with the river.
In India, the Uttarakhand high court ruled that the Ganga and Yamuna Rivers have the same legal rights as a person, in response to the urgent need to reduce pollution in two rivers considered sacred in the Hindu religion.What are legal rights for nature?
Legal rights are not the same as human rights, and so a “legal person” does not

sc collegium-govt tussle: india legal exclusive gets huge traction

This is a story that refuses to go away. It is the long-standing story of the fight between the Executive and the Indian judiciary. Nobody seems to be yielding ground. There was a recent supposed patch-up, with the judiciary agreeing to adhere to the national security clause in drawing up of the Memorandum of Procedure (MoP) in the selection of judges. But that was recently poured down the drain, as first reported by India Legal with the Supreme Court collegium flatly refusing to bow.The collegium has retained the right to reject any candidate put up for selection by the government. The India Legal story of March 20 (Judiciary-executive tussle resurfaces over judges’ appointments ) had clearly said: “The Supreme Court collegium has handed over the finalised Memorandum of Procedure (MoP) fo

india for legal option on jadhav

India is exploring the legal options available in Pakistan to save former navy officer Kulbhushan Jadhav, even as New Delhi renewed its request for consular access to him.India on Thursday said that Islamabad has neither shared any information on Jadhav’s whereabouts nor has it revealed about his physical or mental condition despite several requests.“We have no information about his (Jadhav’s) whereabouts or his condition. We are making all efforts to get him back but we can’t reveal the steps that will be taken to achieve it,” Gopal Baglay, spokesperson of the Ministry of External Affairs, told journalists here.India continues to be in touch with the Ministry of Foreign Affairs of Pakistan through the High Commission of India in Islamabad, Baglay added.A source said on Thursday that New D

“every lawyer wants to become a constitution lawyer”- india legal

No one in my family is a lawyer. A friend’s father was the chief justice of the Patna High Court and it was then that I got my first exposure to the legal profession. I was a school student at that time.When I was studying in my first year at law college, I got a job with the Steel Authority of India. I joined the company and for nine years sold steel. But the desire to become a lawyer was still strong enough and I resigned from the job. I started practising as an advocate in 1990. After 14 years, I was designated a senior and the next year I became the Additional Solicitor General of India.The journey to success was very tough but I persisted with hard work and recognition came along slowly. There were times when I had self doubts. After all, no one from my family had any knowledge about

brexit: divorce, finally! - india legal

Making it clear that her government was acting on the “democratic will of the British people”, May urged her European counterparts to help secure a “bold and ambitious free trade agreement”. The response came within hours from German chancellor Angela Merkel who dashed any hopes that Brexit talks could run parallel with those on a future trade deal. Merkel and Tusk confirmed that separation talks would come first and progress on this would determine discussions on trade.Britain and the EU both accept that there needs to be a transitional period after Brexit until a new UK-EU trade deal comes into force. However, the terms of this are already a source of dispute.Another point of contention will be the UK’s “exit bill”. The EU would like Britain to pay its share of current EU budget liabilit

courting the past - india legal

The next few chapters move on to the setting up of the modern legal system in India, beginning with the colonial period and continuing to the current day functions of the “the conscience keeper of Independent India: the Supreme Court” and the High Courts.Some famous trials are described in this segment, such as the Bhawal Sanyasi case, the INA trial and the case regarding the banning of the book, Lady Chatterley’s Lover.All through, landmark cases, famous and infamous, are discussed in easy anecdotal style to illustrate points made about the development of law or to explain essential attributes of it. We are given vignettes about lawyers and judges who have become part of court lore and legend, including Cornelia Sorabjee, the first Indian woman to study for the BCL at Oxford, and Anna Cha

indian envoy to meet pak's foreign secretary on jadhav's case

Indian High Commissioner in Islamabad Gautam Bambawale will be meeting Pakistan Foreign Secretary Tehmina Janjua in connection with the case of retired Indian navy officer Kulbhushan Jadhav, who has been given death sentence by an army court there.According to sources, Bambawale is expected to raise the issue of consular access to Jadhav as Pakistan has rejected 13 of India's requests for the same in the last one year.Apart from diplomatic options, India will also explore legal remedies permitted under Pakistan legal system including Jadhav's family appealing against the verdict.

cow slaughter: legal labyrinth - india legal

Ban on cow-slaughter is not exactly the preserve of the BJP or Hindutva groups alone. Most of the state legislations were put in place in the 1950s, 1960s and 1970s. There is little doubt that chief ministers in the BJP-ruled states of Gujarat, Madhya Pradesh and Chhattisgarh are only too keen to ride the bandwagon of ban on cow-slaughter and derive political mileage out of it. For example, Gujarat has passed an amendment to the Gujarat Animal Preservation Act on March 31 where punishment for cow-slaughter has been made stringent by making the term of imprisonment 14 years, which is the norm for a life-term.The government may succeed because not many are going to look for anti-cow slaughter laws and when they were legislated. It has also become evident that cow vigilantes across north Indi

slap down by airlines-india legal

According to Section 3, Series M, Part VI of the Directorate General of Civil Aviation’s Civil Aviation Requirements (CAR), dated November 18, 2014, which deal with the handling of unruly/disruptive passengers: “Passengers who are likely to be unruly and disruptive must be carefully monitored, and if necessary, refused embarkation or off-loaded, if deemed to pose a threat to the safety and security of the flight, fellow passengers or staff while on board aircraft.”It further adds: “Airline shall establish mechanism to detect and report unruly passenger behaviour at check-in, in the lounges, and at the boarding gate in order to prevent such passengers from boarding. In case of occurrence of an act of unruly behaviour while the aircraft is on the ground, such cases shall be reported immediat

kejriwal wants delhi to pay his fees to jethmalani; lg seeks legal advice

Press Trust of India  | 
New Delhi  April 4, 2017 Last Updated at 09:10 IST

is this life? - india legal

Few rivers in the world have got the attention and reverence that the Ganga has. Though it is considered the most holy river in India, it continues to be ravaged by man-made pollution, making it toxic and dangerous at many stretches. Government schemes to clean the Ganga have been on for over 30 years at a huge cost to the exchequer. But, for the dying river, this is tokenism.  So when the Uttarakhand High Court ruled that the Ganga and the Yamuna were living entities, it ruffled a few feathers in government circles who have been repeatedly pulled up by the National Green Tribunal for not taking punitive action against polluters or the required steps to keep the river alive.A division bench of Justices Alok Singh and Rajiv Sharma pointed out that the two rivers were losing their very exist

slicing through gene-splicing - india legal

It is a mind-blowing legal battle for many unobvious reasons. First, it is a battle between two big, high-profile universities— the University of California (Berkeley) and the Broad Institute at Massachusetts Institute of Technology of Harvard University. It is a patent battle, which means it is about who got there first and who can assert the intellectual property right.The technology at issue is that of using a protein —CRISPR-Cas9—to slice DNA, which is part of the burgeoning medical research field of genetic therapeutics, with huge commercial implications and millions of dollars in earnings for anyone who owns the patent.The United States Patent Trial and Appeal Board, in its decision on February 15, 2017, said that Broad Institute patents do not clash with the use of the gene-splicing

fighting antibiotic resistance - india legal

Meat from animals and chickens also contain antibiotics as it is mixed in their feed under the guise of preventing them from falling sick, but the actual goal is to fatten them before slaughter. The Superbugs pass from the animal’s dung and spread through the air, soil, and water into rivers and sewers.Dr Vikram Sarbhai, senior consultant in chest medicine, critical care and sleep medicine at the National Heart Institute, New Delhi told India Legal: “The idea of auditing prescription to regulate use of antibiotics may be wonderful. But the question is how do we ensure compliance? The magnitude of logistics is huge and there is no apparatus to deal with it. India has not yet standardised healthcare and created even minimum standards format. We do not have health records for every individual

adityanath serves legal notice to nc leader for 'spreading hatred' against bjp

Uttar Pradesh Chief Minister Yogi Adityanath has served a legal notice to National Conference spokesperson Junaid Azim Mattu for allegedly spreading hatred against the BJP."UP Chief Minister Yogi Adityanath has sent a legal notice of defamation to National Conference state spokesperson Junaid Azim Mattu through counsel for Government of India Abhishek Atrey for 'a habit of spreading hatred against the Bharatiya Janata Party' and 'spreading false stories against Mahant Yogi Adityanath by blaming him that he asked Hindus to rape dead Muslim women'," the NC said in a statement here today.The legal notice alleges that Mattu has made such statements to cause "intentional" hatred among the people towards the BJP and the Uttar Pradesh Chief Minister, thereby directly inciting hatred against the g

india legal show discusses cbi’s credibility

India’s premier investigative agency CBI is once again in the headlines but for a wrong reason. While former CBI chief Ranjit Sinha is already being probed by the agency he once headed, this time it is his predecessor AP Singh, who is under the scanner.While Sinha is being investigated by the CBI for trying to scuttle the agency’s probe into the coal scam by meeting the accused personally at his house, Singh has got into trouble for doling out favours to controversial meat exporter Moin Qureshi.Questions are being raised about the credibility of the CBI as an institution. If CBI itself is biased or favours the accused, is fair justice possible in cases where it is given charge of the probe, especially high-profile cases?CBI has often been in the past accused of functioning as an agent of t

dedicate 2017 for providing relief to victims of crime: cji to volunteers

Chief Justice of India J S Khehar on Saturday asked legal volunteers to work for the victims of crime this year, saying he wondered what happens to the victims of rape or acid attacks or those who lose their bread earners, while the criminals got access to justice till the very end.Calling upon legal volunteers to reach out to them to ensure they get the due compensation, he said in India, a convict in a terror crime has all possible access to justice as permissible under the law, even after exhausting all legal remedies up to the Supreme Court.The Chief Justice was apparently referring to the case of 1993 Mumbai blast lone death row convict Yakub Memon whose petition challenging his capital punishment was rejected during the day on July 29, 2015 by the Supreme Court, but some activist law

supreme court pitches for affordable justice -india legal

Lawyer R Venkataramani, who is also a member of the Scheme, said that in the past, the legal assistance programme could not attract needy litigants. A fresh attempt is now being made to reach out to them so that their litigations could be contested by experienced lawyers at a nominal cost, which is far below the prevailing fee in the Supreme Court and elsewhere.Every person who desires to avail of the services of an advocate empanelled under the Scheme will have to approach its secretary by filing an application in a prescribed form along with the relevant documents. Once the papers are received, they will be assigned to the Advocate-on-Record (AoR) of the choice indicated by the applicant. In case that AoR “opines that this is not a fit case” for moving in the Supreme Court, the applicant

toxic pickling - india legal

Delhi’s steel pickling units seem to have little fear of the law. Despite the Delhi government having assured the National Green Tribunal (NGT) on December 13, 2016, that action would be taken by it and the Delhi Pollution Control Committee (DPCC) against these polluting units, nothing much has changed in the Wazirpur belt that has many such units. Steel pickling is the process whereby impurities are removed from steel. These include stains, inorganic contaminants, rust and scale. They are removed with the help of a solution called pickle liquor which contains strong acids. Effluents that result from this process are toxic in nature.The NGT bench had noted: “It is stated that consent to operate granted to steel pickling units has already expired and no further consent will be granted. Coun

merger with idea: vodafone goes defensive with its india play

British telecom giant Vodafone plc would be hoping to bring an end to the problems it has faced since it bought Hutchison's stake in the company a decade ago.Since Vodafone made its $11.1 billion acquisition of Hutchison’s operations in 2007 and paid another $5.5 billion to buy out Ruia’s stake later, the British company has seldom made money on its India operations and had to take two large impairments. Last year it invested another $7.2 billion. Vodafone has invested over $24 billion in India.Apart from buying stake, Vodafone plc invested billions of dollars to buy spectrum in India over the years and, of this, it invested a massive Rs 20,000 crore or around $3 billion in 2016 alone.Besides the large investments that the Indian operations have demanded, Vodafone has been entangled in leg

'jadhav can seek mercy from pak prez'

Islamabad on Wednesday stated that former Indian Navy officer Kulbhushan Jadhav could seek clemency from the president of Pakistan, after exhausting legal options to challenge the death-sentence awarded to him.Abdul Basit, Islamabad’s envoy to New Delhi, said the Pakistan government had enough evidence against Jadhav that he was working for the Research and Analysis Wing (RAW), India’s external intelligence agency.Basit was talking to a TV channel on Wednesday, two days after a military court in his country convicted Jadhav of being involved in “espionage and sabotage” to de-stabilise Pakistan and sentenced him to death.Basit said the Pakistan army had provided Jadhav a defence counsel during his trial by a field general court marshal. Jadhav have all legal options available to challenge t

legal luminary anil b divan passes away

Anil B. Divan, senior advocate, constitutional expert, and one of the most respected members of the Supreme Court bar passed away on March 20. He was 86.Divan started his legal practice in the Bombay High Court and did well in company matters. He later moved to the Supreme Court where his interest in public causes came to the fore.Divan’s contributions in the legal field have been manifold. A founder of the Centre for Public Interest Litigation in the 1980s—when the concept of PILs was still emerging—he appeared in many landmark cases including the Jain Hawala case (as amicus curiae), the Oleum gas leak case, the Bhopal gas tragedy case, the case challenging the Prevention of Terrorism Act and Rupa Hurra vs Ashok Hurra in which the law relating to curative petitions was set out.He was pres

justice for narmada oustees - india legal

After 38 years, the Supreme Court directed a compensation of Rs 60 lakh each to be paid to 681 families hit by the Sardar Sarovar Project. In a rare gesture, both the Gujarat and Madhya Pradesh governments welcomed the orderBy Rakesh Dixit“You have been struggling for compensation for 38 years. We are going to give it to you in one shot,” Chief Justice of India Justice JS Khehar told Narmada Bachao Andolan (NBA) leader Medha Patkar on February 8. The remark accompanied the Supreme Court order hiking the compensation to the Sardar Sarovar Project (SSP) oustee families by more than 11 times—from Rs 5.5 lakh to Rs 60 lakh per family. Patkar, on whose petition the order came, was visibly satisfied.Surprisingly, the two major respondents in the petition—the governments of Madhya Pradesh and Guj

is online poker in india legal? this gaming industry plays in grey arena

Online gaming has gained significant traction in the digital space in recent times. Websites such as Khelo365 and Adda52 now offer a host of traditional casino games and give individuals a chance to hit the jackpot. While the websites assure players that the platforms are 100 per cent legal and secure, the jury is still out on this issue. 
According to a KPMG report, the gaming industry in India is estimated at around $60 billion per year and the figure is expected to rise with the advent of online gaming. Under the Constitution, betting and gambling are state subjects under Entry 34 on List II of the Seventh Schedule. As a result, there are vast differences in the regulation of gaming in India.
However, there still exists a central law prohibiting gaming — The Public Gambling Act, 186

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