Satish Law Agency

The Supreme Court was hearing the grievance of the petitioner that because of lock­down, the children are unable to interact with their parents even though they have visitation rights for the purpose. Supreme Court in its order dated 30.04.2020 in case titled  Tanuj Dhawan Vs. Court In Its Own Motion  has directed that Parents Having Visitation Rights To Maintain Contact With Children Via Electronic Means During Lockdown. In India, courts mostly award custody of minor children to mothers while granting visitation and vocational rights to fathers in a soured marriage.  A PIL in the Supreme Court on Thursday sought resolution of the difficulty faced by the parent who has not got custody of children. Petitioner V Srinivas Rao requested a bench of Justices N V Ramana, Sanjay K Kaul and BR Gavai to lay down guidelines for many parents who are unable to meet and interact with their children because of the lockdown. The bench, which was hearing the PIL through video-...

Latest Judgement Supreme Court of India Christian Medical college Vellore Association Vs. Union of India and Others Transferred Case (CIVIL) No.98 of 2012 along with 76 other similar petitions. Decided on 29.04.2020 The Supreme Court while deciding various appeals by the private medical colleges, deemed universities, and state governments who wanted to hold their own separate entrance tests granting admission to MBBS and BDS courses held that The National Eligibility Entrance Test, or NEET, the single entrance exam for all medical colleges, will apply to minority institutions providing medical courses. Christian Medical College, Vellore, had challenged the NEET route for admissions, arguing that it violated the institution’s minority rights enshrined under Article 30. On NEET, Supreme Court ruled single window National Eligibility-cum-Entrance Test (NEET) would be mandatory for admissions to medical and dental courses offered by private unaided minority medical/dental colle...

Latest Judgement Supreme Court of India The Prevention of Corruption Act, 1947 was amended in 1964   based   on   the   recommendations   of   the   Santhanam Committee. Although, there are provisions in Chapter IX of the Indian Penal Code to deal with public servants and those who abet them by way of criminal misconduct, they were found to beinadequate to deal with the offence of corruption effectively.  To make   the   anti­-corruption   laws   more effective, the Prevention of Corruption Bill was introduced in the Parliament. The object and statement of reasons   of   the   Act,   1988   was intended to make the existing anti-corruption laws more effective by widening their coverage and by strengthening the provisions. The Act 1988 caters to its wide scope by providing for “different paths to liability, some o...

LATEST JUDGEMENT SUPREME COURT: Death sentence imposed by Trial Court and confirmed by the High Court converted into life imprisonment. The Supreme Court in the judgement dated 24.04.2020 in the case of  Arvind Singh Versus State of Maharashtra Criminal Appeal Nos. 640-641 OF 2016  directed against the judgement and order  passed by the High Court of Judicature at Bombay (Nagpur Bench) on 5th May, 2016 whereby the appeals filed by the appellants  against their conviction for  offences punishable under Section 364A read with Section 34 of  the Indian Penal Code, 1860  and Section 302 read with Section 34  IPC was dismissed by confirming the death sentence imposed upon  them by the learned Sessions Judge, Nagpur. The Supreme Court while considering all the circumstances and facts on record, opined that the present case falls short of the “rarest of rare” cases where a death sentence alone deserves to be awarded to the appellants.  The...

LATEST JUDGEMENT SUPREME COURT: L egal principles applicable to the making of a testamentary document like Will, its proof, and its acceptance by the Court. The Supreme Court in the judgement dated 24.04.2020 in the case of Shivakumar & ors. Versus Sharanabasappa & ors. Civil Appeal No. 6076 OF 2009  while deciding the appeal challenging the judgement and decree dated 26.10.2007 passed by the High Court of Karnataka at Bangalore whereby, the High Court reversed the judgement and decree dated 12.09.2001 passed by the Court of Civil Judge (Senior Division), Koppal which essentially revolved around the question of genuineness of the Will in question.      The High Court observed while examining the basic contentions of the defendants that by its very nature, the Will appeared to be a fabricated document. After taking note of the discrepancies in the document itself and other unnatural circumstances as also after analysing the evidence of the star wit...

M/s Gupshup Technology India Pvt. Ltd. (Operational Creditor) filed application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as ‘I&B Code’) against ‘M/s Interpid Online Retail Pvt. Ltd.’ (‘Corporate Debtor’) which having rejected by Adjudicating Authority (National Company Law Tribunal), Bengaluru Bench, Bengaluru by order dated 8th November, 2018, the present appeal has been preferred by the Appellant. The Adjudicating Authority held that the claim is barred by limitation and there is existence of dispute. Appellant states that the record of the services carried out as on 5th September, 2017 shows that the Respondent availed the services through the SMS Dashboard and had its own dedicated user name and password for logging. However, the Respondent in their email dated 5th September, 2017 sought details of email logs and other supporting documents in order to verify the invoices. 7. The Appellant issued a Demand Notice under Section 8(1) on 2...

In a huge relief to senior journalist and anchor Arnab Goswami, the Supreme Court barred various state governments from taking coercive action against him. It also provided him protection from arrest for three weeks. A two-judge bench of the apex court comprising Justices DY Chandrachud and MR Shah issued notices to the Union Government and different states where cases against Arnab Goswami have registered. The bench also asked the editor to bring all the complaints on record and amend his petition for clubbing of all cases. The bench also asked the Goswami to move an anticipatory bail plea before the trial court within three weeks for continued protection. The bench clarified that all allegations against Goswami is to be investigated through one FIR in Mumbai. The bench also asked the Mumbai police commissioner to ensure the safety of the journalist. Significantly, Justice DY Chandrachud observed that there should be no restraint on the media. READ COMPLETE ORDER BELOW :-

MOCK COURT PROCEEDINGS The competition is being organized by the Law Offices of Mr. Naresh Markanda, Senior Advocate, and Mr. Aashish Chopra, Advocate, in association with the Punjab and Haryana High Court Bar Association (Regd.).  IMPORTANT DATES Release of Invitation 24.04.2020 Last date for Registration            26.04.2020 (8:00p.m.) Last Date for submission of Written Submission/ Synopsis 29.04.2020 (12 noon) Oral Presentations  (via Zoom Cloud Meeting App/Whatsapp) 30.04.2020 – 01.05.2020 Announcement of Winners 05.05.2020 Eligibility:  (i)Lawyers with a standing practice of up to 5 years (ii) Registered with the Punjab & Haryana High Court Bar Association Click here for Registration Click here for Instructions Download invitation below:- 

The Bar Council of Punjab and Haryana is organising a webinar on 24.04.2020 at 4:00 pm The theme of the webinar is  ' Insolvency and Bankruptcy in Covid-19 ' Keynote speakers are:- Chief Justice (Retd.) Mr. MM Kumar former President National Company Law Tribunal (NCLT) Ms. Eshna Kumar, Advocate TO JOIN THE WEBINAR Download 'GotoWebinar' App and Enter via Webinar ID. You can also join via website www.Gotowebinar.com  Webinar/Meeting ID: 244-541-827

The Supreme Court of India in the Judgement of Hira Singh versus Union of India dated 22.04.2020 has overruled decision of the Supreme Court in the case of E. Micheal Raj v. Intelligence Officer, Narcotic Control Bureau (2008) 5 SCC 161  in which it was held that when any narcotic drug or psychotropic substance is found mixed with one or more neutral substance/s, for the purpose of imposition of punishment it is the content of the narcotic drug or psychotropic substance which shall be taken into consideration (paragraphs 15 and 19) DOWNLOAD FULL JUDGEMENT BELOW- (I). The decision of this Court in the case of E. Micheal Raj (Supra) taking the view that in the mixture of narcotic drugs or psychotropic substance with one or more neutral substance(s), the quantity of the neutral substance(s) is not to be taken into consideration while determining the small quantity or commercial quantity of a narcotic drug or psychotropic substance and only the actual content by weight of ...

Ordinance to amend the Epidemic Diseases Act, 1897 in the light of the pandemic situation of COVID-19 (DOWNLOAD BELOW) During the current COVID-19 pandemic, there have been instances of the most critical service providers i.e. members of healthcare services being targeted and attacked by miscreants, thereby obstructing them from doing their duties. Members of the Medical community, even as they continue to perform relentlessly round the clock and save human lives, have unfortunately become the most vulnerable victims as they have been perceived by some as carriers of the virus.This has led to cases of their stigmatization and ostracization and sometimes worse, acts of unwarranted violence and harassment.  Such a situation tends to hamper the medical community from performing their duties to their optimum best and maintaining their morale, which is a critical need in this hour of national health crisis. While healthcare service personnel are duty bound to serve without d...

The Executive Committee of the Punjab and Haryana High Court Bar Association  in its meeting held on 22.04.2020 under the Chairmanship of Dr. Dayal Partap Singh Randhawa, Worthy President has passed E-Resolution with the following suggestions for the functioning of Punjab and Haryana High Court :- 1. Firstly, cases of not only extreme urgency but of regular urgency be also taken up. 2. Mentioning be allowed to be made to the Hon’ble Judges, who may then see as to whether a particular matter is required to be taken up or not.  3. A larger number of Benches be requested to hold Courts by Video Conferencing so that more number of cases can be taken up on a daily basis.  4. Even old ordinary and regular cases, with the consent of all parties, be allowed to be taken up where some urgency can be shown by the Counsel and written  synopsis also be permitted to be filed.  5. For those who are electronically / technologically handicapped i.e. not very familiar with the sy...

[Update]  Fresh Arrangements dated 02.05.2020 regarding mentioning and listing of cases in Punjab and Haryana High Court. [Update 2: Fresh Arrangements regarding mentioning and listing of cases w.e.f. 18.05.2020]   Click Here The Punjab and Haryana High Court has been using Video conferencing technology for hearing of urgent matters due to the lockdown imposed in the wake of Coronavirus COVID-19 crisis, recently the High Court has issued following notification for smooth functioning of the Court. Read below the complete order.

VIDEO CONFERENCING GUIDELINES Guidelines for the Conduct of Court Proceedings between Courts and Remote Sites and the VC facilities setup at other places in the States of Punjab, Haryana and U.T., Chandigarh.  

The Supreme Court of India in a case taken up Suo motu  to ensure the continued dispensation of justice in the recent outbreak of Coronavirus COVID-19 has issued GUIDELINES FOR COURT FUNCTIONING THROUGH VIDEO CONFERENCING DURING COVID-19 PANDEMIC. The Supreme Court of India in exercise of the powers conferred by Article 142 of the Constitution of India has directed that: All measures that have been and shall be taken by this Court and by the High Courts, to reduce the need for the physical presence of all stakeholders within court premises and to secure the functioning of courts in consonance with social distancing guidelines and best public health practices shall be deemed to be lawful; The Supreme Court of India and all High Courts are authorized to adopt measures required to ensure the robust functioning of the judicial system through the use of video conferencing technologies; and Consistent with the peculiarities of the judicial system in every state and the dynamically develo...

Supreme Court on Monday modified the April 8 order which directed that the testing for COVID-19 should be done free of cost both in government and private laboratories. The Court said that free testing will be available to to persons eligible under Ayushman Bharat Pradhan Mantri Jan Aarogya Yojana as already implemented by the Government of India, and any other category of economically weaker sections of the society as notified by the Government for free testing for COVID-19. The Court also passed the following directions : The private Labs can continue to charge the payment for testing of COVID-19 from persons who are able to make payment of testing fee as fixed by ICMR. The Government of India, Ministry of Health and Family Welfare may issue necessary guidelines for reimbursement of cost of free testing of COVID-19 undertaken by private Labs and necessary mechanism to defray expenses and reimbursement to the private Labs. The Court left it to the Centre to decide ob whether any other...

COVID-19 tests whether in Private Lab or Govt Lab to be free of cost:  Supreme Court The number of patients suffering from COVID-19 is rapidly increasing Worldwide with death toll rising rapidly. In our country, in spite of various measures taken by the Government of India and different State Government/Union Territory the number of patients and death caused by it is increasing day by day. Our country has a very large population. While hearing a Public Interest Litigation under Article 32 against the advisory dated 17.03.2020 issued by Indian Council of Medical Research Department of Health Research, as it fixed Rs.4500 for screening and confirming COVID-19.  The Supreme Court of India Today issued interim directions to Government of India to immediately issue necessary directions that tests relating to COVID-19 in all approved laboratories including private laboratories shall be free of cost. The court observed that :- At this time of national calamity permitting ...

In the matter of Kotak Investment Advisors Limited and Anr. Vs. Mr. Krishna Chamadia, Resolution Professional of Ricoh India Limited and Ors. Writ Petition (L) No. 3621 of 2019   1. Petitioner filled Writ Petition under Article 226 of the Constitution of India seeking the relief to issue writ of Certiorari, calling for Company Petition dated 28th November, 2019 hereto be quashed and set aside. 2. It is the case of the petitioner that it participated in Corporate Insolvency Resolution Process of respondent No.1 and submitted its Resolution Plan / Bid. The respondent No.1 accepted the bid of respondent No. 2 after the last date of submission. That was done after the bid of the petitioner was already opened. There is an illegality alleged in the acceptance of the bid of the second respondent.  3. The petitioners state that their bid being the highest, it ought to have been accepted. However, the second highest bid was accepted by the Committee of Creditors. It is...

The promoter of the Corporate Debtor have preferred this appeal to set a side the impugned order of AA  impugned order dated 20th September, 2019 under Section 9 of the I&B code preferred by M/s Aanav Construction Co. ‘M/s Aanav Construction Co’. moved an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (for short the ‘I&B Code’), pursuant to which the Adjudicating Authority (National Company Law Tribunal), New Delhi Bench by impugned order dated 20th September, 2019 initiated ‘Corporate Insolvency Resolution Process’ against ‘Shri Balaji Infradevelopers Private Limited’. However the Promoters/appellant  have settled the claim of all the 11 Claimants before the constitution of COC  and preferred this appeal . Therefore this appellate tribunal held that as the Promoters have settled the claim of all the 11 Claimants and the ‘Committee of Creditors’ has not been constituted, Appellate Tribunal in  exercise of powers conferred ...

It is often said that in court cases in India, the process itself is a punishment. However, how torturous and long drawn this process can be, varies dramatically across the country. In India, the Supreme Court is the end arbiter to all the disputes and carries huge expectations when it comes to high stakes matters- from Ram Mandir to Triple Talaq, Political indifferences to defamation, mining to movies and from right to privacy to unnatural offences. “Justice delayed is Justice Denied”, the oft quoted words of William Goldstone, used by every layman to describe our Indian Judiciary.  Amidst of justice and delays, COVID-19 outbreak has placed additional strain on judicial system already in crisis. The World Health Orgainisation (WHO) declared COVID-19 as a “pandemic” on 11th March, 2020. The Supreme Court of India (SC) vide Circular No. F. No. 212/MISC/PF/2020/SCA(G) dated 14.03.2020, had announced that from 16th March, 2020, the SC will be hearing only urgent matters. T...

Coronavirus Disease (COVID-19) : 7 Latest Indian Courts Cases   Mustafa Mh v. Union of India [Supreme Court] About 500 Indian citizens from Ladakh, who had gone to Qom, Iran on a pilgrimage, are presently stranded there. About 250 persons who had also proceeded on a pilgrimage to Qom have been brought back to India. Several of the existing batch of 500 persons may have tested positive for Covid-19.  Many of them have no funds available for their maintenance. Hence, urgent humanitarian assistance is required to be provided to these persons by the Government of India.   Adityajit Singh Chadha v. Union of India [Punjab & Haryana High Court] Maintaining social distance is a sine qua non to control the disease. The Administration may also solicit opinion of the specialists of infectious/communicable diseases, while taking a decision. Accordingly, the petition is disposed of with an observation that the Administration may lay down the parameters of social distan...