CASE: West Bengal Recognised Un-Aided Madrasha Teacher’s Association and others Vs. State of West Bengal and others CORAM: Hon’ble Justice Sabyasachi Bhattacharya On 12 January, the Calcutta HC observed that the fundamental rights to freedom of speech and expression and to peaceful assembly cannot be curtailed by the State and observed, “A balance has to
... Continue Reading.Month: January 2021
Luthra cap markets lateral Jitesh Shahani to leave, Dhania to rejoin as Rajiv works for new deed (with old friends)
Shahani (r) quits, Dhania to rejoin Luthra cap markets L&L Partners capital markets lateral partner hire Jitesh Shahani has put in his resignation; meanwhile, the firm’s ex-capital markets partner Geeta Dhania, who had left the firm two months ago, is slated to return. 2005 Nalsar Hyderabad-graduate Shahani had joined L&L in November 2019 from international
... Continue Reading.Explain the Cyber Defamation and Online Defamation in India
Introduction: Many people have discovered (to their dismay) that the internet makes it almost too easy for people to speak their minds. The internet is full of fascinating websites where a potentially defamatory message or article may be purposely or unintentionally left by someone. The Internet being a mammoth space for ideas, each one of
... Continue Reading.Govt seeks to criminalize adultery only for the Armed Forces
The Ministry of Defence has recently filed a petition in the Supreme Court which sought to exempt armed forces personnel from the Constitution Bench judgment that decriminalized adultery (Section 497) in 2018. This plea was looking into the issue that the Army personnel would be far away from their families and not like any “untoward
... Continue Reading.Service Tax On Parking Facility Operators In Malls: Payable Or Not
On Wednesday the Supreme Court put a stay on the judgement of CESTAT which had confirmed under the head of “service management, maintenance or repair of immovable properties” levy of Service Tax on parking facility provided in shopping malls by entities. Metropolitan Event Management (the appellant) operates parking areas in five malls and collects fees
... Continue Reading.Under Special Marriage Act, Mandatory Publication Of Notice Of Intended Marriage Violates Right To Privacy
CASE: Safiya Sultana v. State Of U.P. CORAM: Hon’ble Justice Vivek Chaudhary In a significant judgement, the Allahabad High Court held that there is no mandatory provision to publish a notice of intended marriage pursuant to Section 6 and to invite or entertain objections pursuant to Section 7 of the Special Marriage Act. Justice Vivek
... Continue Reading.Consensual Affair as no Defence Against Charge of Kidnapping Minor: SC
The Supreme Court acknowledged that a ‘consensus affair’ is not a shield against the charge of kidnapping a minor. The infatuation of a minor girl with her accused kidnapper cannot by itself be tolerated as a shield, for the same would amount to surreptitiously undermining the security nature of the kidnapping crime, the bench composed
... Continue Reading.Haryana Civil Judge 2021 (Junior Division) Entrance Exam | Notification, Application, Preparation
Haryana Public Service Commission invites online applications for Haryana Civil Judge 2021 from eligible candidates for 256 posts (239 actual posts + 17 anticipated posts) of civil judge (Junior Division) in Haryana Civil Service (Judicial Branch). About Haryana Civil Judge 2021 (Junior Division) Entrance Exam Haryana Civil Judge exam is the most coveted exam of
... Continue Reading.China’s Claim concerning App Ban Under International Investment and Trade Law – Part II
[Angeline Priety and Rohin Goyal are fourth-year law students at Gujarat National Law University] In Part I of this post, we explained the possible recourse that Chinese investors may have against India’s app ban under the Indo-China Bilateral Investment Treaty (“BIT”). In Part II, we shall first examine India’s possible defence against claims by Chinese
... Continue Reading.China’s Claim concerning App Ban Under International Investment and Trade Law – Part I
[Angeline Priety and Rohin Goyal are fourth-year law students at Gujarat National Law University] On September 2, 2020, India’s Ministry of Electronics and Information Technology released a press note banning 118 mobile applications of Chinese origin. This blocking order, the third such order in a span of two months, was prompted by concerns with respect
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