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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...

HOW TO FILE FOR MUTUAL DIVORCE   Mutual Consent Divorce is the Simplest Way to Obtain a Divorce decree in India. Mutual Consent Divorce is Granted by The family Court when Both parties to marriage i.e. Husband and Wife Mutually agree to Divorce. Advantages of Mutual Divorce: No need to give reasoning for Divorce , No washing dirty linen in Public, Your privacy is well Guarded. This form of Divorce is Quick and Cost effective and If all papers submitted are satisfactory the hon'ble court Grants it Without Delay. Peaceful way of Obtaining Divorce. Laws Governing Mutual Divorce: In India we have separate personal laws depending upon which Religion One belongs, therefore your religion determines which law shall govern your marriage and Divorce Procedure. Therefore: The Hindu Marriage Act, 1955 applies to Those belonging to Hindu, Sikh, Buddhists, and Jains Religion. Special Marriage Act: applies to Those Couples who have opted for Court marriage or Couple belonging from D...

Special CBI court rejects bail plea of Hilal Rather in J&K Bank loan fraud case New Delhi: A special CBI court in Jammu on Tuesday rejected the interim bail application of Hilal Rather, son of a former Jammu and Kashmir minister, an accused in the Rs 177 crore bank loan fraud case, rejecting his fears of contracting COVID-19 in custody, with the court saying that he will be at more risk if he moves out of Jail, officials said. While rejecting the application, Special CBI judge Rajesh Sekhri noted that in the prevailing situation, the accused is more likely to contract the virus if he moves out of the jail, and his release may frustrate the purpose behind the lockdown. Rather had moved an application before the special CBI judge, Jammu seeking interim bail after the CBI filed a charge sheet against him in the Rs 177 crore J&K Bank loan fraud case on health grounds, citing the prevailing threat of contracting coronavirus during incarceration, they said. The CBI strong...

Internet and Mobile Association of India v. Reserve Bank of India  [ Read Full Judgement below ] The Supreme Court  in  Internet and Mobile Association of India v. Reserve Bank of India ,  judgement dated 04.03.2020  has struck down the curb imposed by RBI on trading in virtual currency, cryptocurrency and bitcoins in India. The Court was hearing the matter wherein, the Internet and Mobile Association of India (IAMAI), whose members include cryptocurrency exchanges, and others had objected to a 2018 RBI circular directing regulated entities to not deal with cryptocurrencies. The petitioners had argued that the RBI’s circular taking cryptocurrencies out of the banking channels would deplete the ability of law enforcement agencies to regulate illegal activities in the industry.  The Supreme Court has held, “ When the consistent stand of RBI is that they have not banned Virtual currencies (VCs) and when the Government of ...

PUNJAB AND HARYANA HIGH COURT In view of the prevailing situation arising due to outbreak of Novel Coronavirus (COVID-19). The Punjab and Haryana High Court in an emergency meeting of the Hon'ble Administrative Committee convened on 22.03.2020at 6:30 pm at the residence of Hon'ble the Chief Justice, has decided to adjourn all the matters from 23.03.2020 -31.03.2020 beyond 27.04.2020.

The Punjab and haryana high Court has recently decided a bunch of writ petitions pertaining to the conservation of sukhna lake at Chandigarh. The court had in 2009 taken suo motu cognizance of this matter and has now given mandatory directions to the Punjab and haryana governments which are discribed below:- Writ petitions bearing CWP Nos.18253 of 2009 and 5809 of 2015 are disposed of with the following mandatory directions/declarations: A. The States of Punjab and Haryana are directed to pay Rupees one hundred crores each as exemplary/punitive/special damages for restoration of catchment area of Sukhna Lake falling in their respective areas. This amount shall be deposited with the Ministry of Environment, Forest and Climate Change within a period of three months from today. The Ministry of Environment, Forest and Climate Change shall utilize the funds for restoration of Sukhna Lake by framing statutory scheme under the Environment Protection Act within a period of...