The Legal Chronicle

GNLU LSC Newsletter

Ninth Edition : 9th November - 23rd November

ADMINISTRATIVE LAW

Gujarat HC directs SEC to incorporate NOTA in local body elections

The Gujarat High Court directed the State Election Commission to file a compliance report regarding awareness program undertaken to educate the public about None of the Above, in the coming local body elections.

For more information, please visit:

http://www.dnaindia.com/india/report-gujarat-hc-asks-sec-to-file-report-on-steps-to-spread-nota-awareness-2145595

BANKING LAWS

Bank Guarantee Can Be Stopped Only on Fraud

The Delhi High court held that only in cases of fraud or irretrievable injury, bank guarantee can be stopped. Also mere dispute amongst the parties about the existing contract of guarantee shall not be a basis to grant injunction to restrain execution of the enforcement of bank guarantee, since this would defeat the purpose.

For more information, please visit:

http://www.thehindu.com/news/cities/Delhi/bank-guarantee-can-be-stopped-only-on-fraud-says-high-court/article7875157.ece

CONSTITUTIONAL LAW

Centre refuses to draft MoP based on suggestions from the public for improving the present collegium system

The Supreme Court asked the Centre to compile a draft Memorandum of Procedure of various suggestions by the public to better the collegiums system. This was first accepted but refused the following day by the Centre.

For more information, please visit:

http://www.india.com/news/india/collegium-supreme-court-asks-centre-to-submit-draft-memorandum-of-changes-sought-715644/

http://timesofindia.indiatimes.com/india/Centre-asks-Supreme-Court-to-leave-the-task-of-reforming-collegium-to-government/articleshow/49845917.cms

Justice T.S.Thakur to be the next CJI

Appointed on the basis of seniority, Justice T.S.Thakur will be the next Chief Justice of India, with effect from December 3rd.

For more information, please visit:

http://timesofindia.indiatimes.com/india/TS-Thakur-to-be-next-Chief-Justice-of-India/articleshow/49839116.cms

PERSONAL LAWS

Bombay HC asks CARA to explain new online adoption rules

Hearing a petition against the Central Adoption Resources Agency (CARA), the Bombay High Court asked CARA to re-look into its policy and the online procedure compliance.

For more information, please visit:

http://www.5mm.in/news/news/35232/new-adoption-guidelines-bombay-hc-asks-cara-to-look-into-grievances-in-petitions

Widow has the right to be ‘maintained’ on property

The Supreme Court has held that a widow has the right to be maintained on the property of her husband and possesses absolute right on such property. While keeping in mind that it is the responsibility of the husband to maintain his wife, even after his death she shall enjoy benefits from such property.

For more information, please visit:

http://timesofindia.indiatimes.com/india/Widows-have-right-on-maintenance-property-SC/articleshow/49776259.cms

Wife alone has the right over Streedhan

A bench of Justices Dipak Misra and Prafulla C Pant held that a woman can claim her right over streedhan even after receiving judicial separation from her husband. Overruling the judgment of Tripura High Court and District court, SC held that anything received by the woman before, during or after the marriage, she shall have inalienable rights over such goods.

For more information, please visit:

http://timesofindia.indiatimes.com/india/Womencan-claim-stridhan-even-after-separation-from-husband-Supreme-Court/articleshow/49872639.cms

RELIGIOUS MATTER

Bombay HC: It is an era of intolerance

While refusing to decide on religious matters, the Bombay HC declared that this was an era of tolerance. It also observed that people become sensitive when it comes to religious matters and urged parties to come to an out of court settlement.

For more information, please visit:

http://gstv.in/79-headlines/3499-bombay-hc-this-is-an-era-of-intolerance-on-hearing-a-pil-banning-entry-of-women-inside-dargah-of-haji-ali.html

TAXATION LAWS

0.5% Swachh Bharat cess on services

The Central Government has decided to impose an additional burden of 0.5 percent Swachh Bharat cess as a part of service tax from November 15, 2015. This has been done with the aim of getting funds and also making everybody a part of the Swacch Bharat Mission.

For more information, please visit:

http://www.financialexpress.com/article/economy/0-5-swachh-bharat-cess-on-services-from-november-2015/162546/

MISCELLANEOUS

FSSAI moves Supreme Court over Maggi

Food Safety and Standards Authority of India (FSSAI) has moved the Supreme Court against Bombay High Court’s order of lifting ban from instant noodles brand Maggi. FSSAI moved the court on two allegations, First, wherein the officials were blamed to have participated against the principles of natural justice in the Maggi issue, the Second being regarding the quality of standards used by FSSAI labs to test products.

For more information, please visit:

http://articles.economictimes.indiatimes.com/2015-11-17/news/68356675_1_nestle-india-fssai-maggi-noodles

Madras HC: Sons are duty-bound to look after their mothers

The Madras High Court held that according to Dharma, a son is duty-bound to look after his mother and it is not only a statutory right but also a human right for a mother to expect her children to maintain her.

For more information, please visit:

http://www.ndtv.com/tamil-nadu-news/sons-are-duty-bound-to-look-after-mother-says-madras-high-court-1245298

Bombay HC : No Quotas for Judicial Posts in State

The Bombay High Court held in a case where the petitioner sought to include 3 percent reservation for PWD candidates in posts of civil judges and judicial first class magistrates that no reservation that has been imposed on such selections without the concurrence of the concerned high court shall be seen as restricting the independence of judiciary.

For more information, please visit:

http://timesofindia.indiatimes.com/india/No-quotas-for-judicial-posts-in-state-HC/articleshow/49743555.cms

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