Thorat & Associate's

The Delhi High Court on Wednesday has issued notices to the Centre, Flipkart, Amazon, Snapdeal and other e-commerce companies on a plea seeking directions to ensure display the name of manufacturing country on products beings sold on e-commerce websites and the compliance of Legal Metrology Act, 2009. A division bench headed by the Chief Justice DN Patel and Justice Prateek Jalan was hearing a petition filed by Advocate Amit Shukla seeking directions to the respondents for the compliance of Legal Metrology Act, 2009. “ the E-Commerce and E-Commerce Entity is defined in Legal Metrology (Packaged Commodities) Rules, 2011. The E-Commerce Web Sites / Applications are in public domain and are accessed by public at large for the purposes of buying and selling of consumer goods and other goods online,” stated in the petition. The petitioner has stated that in 2017 the Legal metrology (Packaged Commodities) Rules, 2011 was amended and it was made mandatory to publish the country of origin

A petition has been filed in the Supreme Court seeking termination of Memorandum of Association entered between State of Maharashtra and Gujarat with China for trade and business amid escalated tensions at border between the two countries. The Petition filed by Advocate Supriya Pandita points out that the Government of India has banned 59 Chinese mobile application stating national security reasons which is a welcome step. However “ allowing few select business house or few select state government to enter into MOU with Chinese Business house or stakeholders from China sends a wrong message to the people of India. This Selective and preferential to these few select business or few select state to enter in to MOU with Chinese Business house or stakeholders from China treatments is not only discriminatory but also against the will and sentiments of the People of India”. The petitioner has sought directions to the Union Government to make public it’s trade policies with the Government o

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INDICATIVE LIST: 1. Published in LiveLaw.in 2. Paper selected for publication in NUALS Law Journal 3. Won essay competition organized by KFCRI 4. Secured research assistantship under an Oxford professor 5. Started own law journal And many more! Trust us, if you are a sincere student, you'll love the course! The caterpillar crawls. Eats. Then cocoons. Then butterflies. The post Below are Some Achievements of our Legal Research and Writing Students: The Last Date to Register is Today! appeared first on Lawctopus . from Lawctopus https://ift.tt/2ZmgO9h

The Consortium of National Law Universities in a meeting held on June 29 has decided that Common Law Admission Test (CLAT 2020) shall be conducted through a computer-based, online, centre-based test to be held on Saturday August 22, 2020.  In a notification issued it said, “the Executive Committee (the ‘EC’) of the Consortium of National Law Universities (the ‘consortium’) met on 29th June 2020 to review the impact on CLAT 2020 of the Lockdowns and other restrictions arising out of the COVID-19 pandemic.” At the aforesaid meeting, the EC assessed the feasibility of conducting the Common Law Admission Test, 2020 (the “CLAT 2020”) through various modes. It concluded that an off-line test, as initially contemplated, would require large scale movement of students to limited centres, and significant logistics in the handling of question papers and answer scripts, which is not possible during the prevalent pandemic conditions. Further, an on-line test at home with technological measures ca

The Bombay High Court has suspended two FIR registered against Republic TV Chief Arnab Goswami for his alleged proactive and inflammatory comment over Palghar Lynching and Bandra (West) migrants gathering incident while stating that No Prima Facie Case made out against him. The court has directed no coercive steps shall be taken against the petitioner till the final disposal of matter. The Court has said, “all proceedings in FIR No. 164/2020 before the N.M. Joshi Marg Police Station, Mumbai and FIR No. 137 of 2020 before the Pydhonie Police Station, Mumbai Shall remains suspended and interim order passed on 09/06/2020 to the effect that no coercive steps shall be taken against the petitioner vis-a-vis on the two FIRs shall continue till disposal of this petition.” A two judge bench of Justice Ujjal Bhuyan & Justice Riyaz Chagla passed their order on a plea filed by Arnab Goswami seeking quashing of FIRs registered against him on allegations of Causing public and communal dishar

By Asif Ullah Khan In a major twist in the US journalist Daniel Pearl murder case, the Pakistan supreme court has objected to his killers being referred to as “terrorists”.  The issue came up recently during the hearing of the petition filed by the Sindh government seeking suspension of the decision of the Sindh High Court (SHC), which cleared the way for the release of British-born terrorist Omar Saeed Sheikh and his three accomplices. A three-member bench, while rejecting the plea, observed that without solid proof, the Supreme Court cannot suspend the SHC’s decision. “The judgement can only be suspended if it has flaws,” the Court said, adding that the government can extend the Maintenance of Public Order (MPO) Ordinance if it wishes. After the SHC order, the convicts have been detained under the MPO, which expires on July 2. The counsel for the Sindh government told the Court that the convicts had been working with terrorist outfits in India and Afghanistan. He said that there

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By Dilip Bobb It’s amazing to see how one line, one last breath, can become a slogan that creates a revolution, a movement and a tipping point. That one line is ‘’I Can’t Breathe’’ uttered by George Floyd, the black man who died after a police officer kept his knee on the victim’s neck for over eight minutes, leading to him choking to death. In the wake of that incident, protesters across America, and indeed, the world, have been holding up banners with Floyd’s last words, now a rallying cry and a global display of anger against police brutality, racial discrimination and in support of civil rights. That slogan has resurrected another, Black Lives Matter , now painted in giant letters on a Washington street not far from the White House. The movement caught on after the 2013 killing of another black man in America, and became a global  human rights  movement. The hashtag #BlackLivesMatter is now used in online campaigns against violence and  systemic racism . The original slogan depict

The Appointment Committee of the Cabinet has approved the re-appointment of Tushar Mehta as Solicitor General of India for a period of 3 years with effect from July 1. The Committee has further reappointed 5 Additional Solicitor Generals for a period of 3 years with effect from 1 st July. The ASG’s appointed are Vikramjit Banerjee, Aman Lekhi, Madhavi Godaria Divan, KM Nataraj and Sanjay Jain. Among the 5 ASG’s reappointed, the names of Pinky Anand and Atmaram Nadkarni have been dropped from the previous list. For the High Courts, of Bombay and Punjab and Haryana, Senior Advocates Anil C. Singh and Satya Pal Jain have been reappointed as the ASG’s respectively, for a period of three years with effects from July 1. Senior Advocates Balbir Singh, Suryaprakash V. Raju, Rupinder Singh Suri, N. Venkataraman, Jayant K. Sud and Aishwarya Bhati have been appointed as the Additional Solicitor General for Supreme Court for a period of 3 years with effect from July 1. Five Senior Advocates

The Superintendent of Tihar Jail in a status report filed before the Delhi High Court has stated that the authorities have agreed to allow Pinjra Tod Activist Natasha Narwal for Video Conference meeting facility with her counsel and family members and also the books of her choice. A single bench headed by Justice C Hari Shankar was hearing a plea filed by Pinjra Tod Activist Natasha Narwal seeking Video Conferencing facility to have a conversation with her Counsel and family members. According to the status report the following has been decided: The petitioner will have access to headphones during video conferencing to ensure compliance of Delhi Prison Rules; Access to screen sharing facility through Webex app; Access to books of the choice of the petitioner subject to Delhi Prison Rules; Telephonic calls facility to be provided to the petitioner; and 30 minutes videoconferencing facility to be provided to the petitioner In the previous hearing Advocate Adit Pujari appearing

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The Government of Tamil Nadu has transferred the Sathankulam custodial death case to the central Bureau of Investigation (CBI) for investigation. In a notification dated June 29, SK Prabakar, the Additional Chief Secretary to the Government of Tamil Nadu, stated that “ the Government, after careful consideration, have decided to accept the request of the Director-General of Police, Tamil Nadu, and to transfer the case registered in Kovilpatti East Police Station Crime Nos.649/2020 and 650/2020 under Section 176 (1-A) (i)of the Code of Criminal Procedure, 1973, for investigation by the Central Bureau of Investigation, by issuing a notification under section 6 of the Delhi Special Police Establishment Act, 1946.” The decision of the Government was taken after the Director General of Police requested the Government to transfer the case to CBI in order to facilitate free and fair investigation. Moreover the Madurai bench of the Madras High Court while taking up the suo motu case had sai

The Gauhati High Court while allowing a Divorce plea which was rejected by Family Court has held that refusal to wear ‘sakha and sindoor’ will project a woman to be unmarried and signify her refusal to accept the marriage with the husband. The bench comprising of Chief Justice Ajai Lamba and Justice Soumitra Saikia has set aside the judgment passed by the District Judge and allowed the appeal filed by the husband and granted decree of divorce. The Courts decision came on a divorce petition where it had been alleged that the wife had refused to wear ‘Sakha and sindoor’ because she did not consider the petitioner as her husband. Under these circumstances the bench observed that “ Under the custom of Hindu Marriage, a lady who has entered into marriage according to Hindu rituals and customs, and which has not been denied by the respondent in her evidence, her refusal to wear ‘sakha and sindoor’ will project her to be unmarried and/or signify her refusal to accept the marriage with the

The Government of India on Monday has Banned 59 mobile apps which are prejudicial to sovereignty and integrity of India, defence of India, security of state and public order. #TikTok #WeChat #Shareit #Vigovideo #Bigolive apps are in the list too which are totally banned. In a Press Release dated June 19, the Ministry of Information Technology, invoking it’s power under section 69A of the Information Technology Act read with the relevant provisions of the Information Technology (Procedure and Safeguards for Blocking of Access of Information by Public) Rules 2009 and in view of the emergent nature of threats has decided to block 59 apps so as to safeguard the sovereignty and integrity of India, defence of India, security of state and public order. The Press Release further states that the “ the Ministry of Information Technology has received many complaints from various sources including several reports about misuse of some mobile apps available on Android and iOS platforms for stealin

The High Court of Calcutta has held that cruelty to wife for dark complexion by her husband and in-laws will be an offence of cruelty under Section 498A of the Indian Penal Code, while sustaining the conviction of a man for murder of his wife. A Division Bench of Justices Sahidullah Munshi and Subhasis Dasgupta observed that causing cruelty to the deceased victim for her black complexion even after her marriage by the in-laws would definitely attract Section 498A/34 I.P.C. against the in-laws, including the accused husband. An appeal was filed before the Calcutta High Court against the conviction of a husband and his family members, for causing death of the victim by hanging, only 7 months after their marriage. The accused was convicted and sentenced under Section 498A/302/34 of the Indian Penal Code The Court also held that the facts and circumstances of the case pointed to the guilt of the accused husband for causing homicidal death of his deceased wife by strangulation, with the

The High Court of Karnataka has been informed by the government today that it has allowed online classes to be conducted by schools for students of Lower KG to Standard V, for limited hours.  A division bench of Chief Justice Abhay Oka and Justice Nataraj Rangaswamy was informed about this interim arrangement that has been made before the government considers the recommendations of the expert committee and issues its final guidelines.  The Karnataka High Court had previously observed that the State couldn’t have passed an order to prevent schools under all boards from conducting online classes for students of Lower KG to Standard V, and had asked the State government to come up with a solution or allow the classes for certain hours. This order had come after petitions were filed before the Court challenging the order of complete ban on online classes by state government on June 15. The government issued a modified order on June 27, according to which the guidelines issued by the Min

The term  ‘ Harassment ’  is a form of discrimination. It includes any unwanted physical or verbal behaviour that offends or humiliates you. It covers a wide range of behaviours of an offensive nature. It is commonly understood as behaviour that demeans, humiliates or embarrasses a person, and it is characteristically identified by its unlikelihood in terms of social and moral reasonableness. Such behaviour affects the physical and mental well-being of a person. In the legal sense, these are behaviours that appear to be disturbing, upsetting or threatening. They evolve from discriminatory grounds, and have an effect of nullifying or impairing a person from taking benefits of their rights. When these behaviours become repetitive, they can also be construed as bullying in common parlance. The continuity or repetitiveness and the distressing, alarming or threatening nature may distinguish it from a mere insult or admonishment. Categorisation of Harassment : Harassment can take many for

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The Bombay High Court has declared ‘ISKCON’, to be a registered trademark of the International Society for Krishna Consciousness, a religious organisation while stating that it has also earned a great reputation in India and abroad and there is no doubt that it is associated with religious activities and not anything else. Justice BP Colabawalla on Friday heard the matter relating to commercial intellectual property rights (IP) filed by the International Society for Krishna Consciousness (ISKCON) against ISKCON Apparel Private Limited. Justice said it undoubtedly has the right to protect the trademark. ISKCON alleged that the apparel company infringed its registered trademark by selling cloth online. Defendant ISKCON Apparel Pvt Ltd told the court on Friday that it has now changed its name to Alkis Sports Pvt Ltd and is filing an affidavit that it will not use ISKCON’s name or trademark in future. The court said in its order that ISKCON is a well-known trademark in India under the Tr

The High Court of Delhi on Monday has stayed the horizontal reservation of 50% to Delhi Candidate in National Law University, Delhi. The bench has however maintained status quo on the previous academic year.  The bench comprising Justice Hima Kohli and Subramonium Prasad has directed the university  to bring out a fresh admission notification before July 2 and to publish the same on its website. A further one week period is given to enable the students to apply afresh who may be interested in applying for the admission process. The examination shall take place on the date notified by the university. The Courts decision came on a petition field by Students of NLU Delhi challenging the introduction of 50% horizontal reservation at the University for candidates who have cleared their qualifying examinations from an institute in Delhi. On the previous hearing Senior Counsel Neeraj Kishan Kaul appearing for the petitioners had alleged that the Delhi government “arm-twisted” the Universi

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The Supreme Court Bar Association (SCBA) in order to provide benefit of COVID Grant scheme to its members has relaxed the conditions of eligibility. In order to extend the COVID Grant Scheme to all members of the Supreme Court Bar Association, who are desirous of availing the scheme in order to enable more members to apply for grants under this Scheme which has been framed for their benefit, reads the June 28 SCBA circular. The existing essential conditions of eligibility to apply under the Scheme have been relaxed as follows: The Scheme is extended to all members of the Supreme Court Bar Association i.e. those who are borne on the rolls of Supreme Court Bar Association till March 2020.  Members who have paid their Annual Subscription up to 2018 will be eligible to apply for the benefits under this Scheme.  Members must furnish copies of orders showing 10 (ten) appearances in the Supreme Court of India from January 2019 till the date of their application for obtaining the Grant u

The Supreme Court today directed the Central Government to find out whether any orders for cancellation of visa of individual Markaz visitors have been issued by state authorities. The bench comprising Justice AM Khanwilkar, Justice Dinesh maheshwari and Justice Sanjeev Khanna was hearing petition challenging  the Ministry of Home Affairs order blacklisting the foreign nationals belongs to 35 countries, presently in India and thereafter arbitrarily directing the Director Generals of Police and Police Commissioners of all States/UTs, to register FIRs against such foreigners, as reflected in the Press Release dated April 2, 2020 published by the Press Information Bureau. In today’s hearing the bench inquired whether individual orders were passed blacklisting the foreigners. Senior Advocate  CU Singh appearing for one of the petitioners submitted that as far as blacklisting or visa cancellation was concerned  no order was served on any individual person. He further submitted that black

The Supreme Court today while hearing a petition challenging Institute of Chartered Accountants of India (ICAI) “opt out” option for CA exams, said that option for change of centre should be there in case the area becomes a containment zone. The bench comprising Justice AM Khanwilkar, Justice Dinesh Maheshwari and Justice Sanjeev Khanna was hearing  a petition filed by the President of the “India Wide Parents Association”, Anubha Shrivastatva Sahai seeking quashing of the notification that allowed the CA aspirants to “opt out” of the CA exams this year due to COVID 19 which according to the petitioner is in violation of the fundamental rights under Articles 14 and 21 of the Constitution of India. Today while hearing the matter, the bench told the ICAI that Option of change of centres should be made available to the candidates so that extensive travel can be avoided. The Counsel appearing for the petitioner submitted that  there should be one center per district. The bench however s

Energy sector is going through disruption caused by digitalization. Power is no exception but there are two more factors that are driving disruptions in the power sector came out during discussion with Trans India law Associates (TILA) and with many partners & other legal associates from across India.  Mr. Rohit Sharma, Head-Corporate Legal Affairs at BSES Yamuna Power Limited, New Delhi was the part of webinar, the series of talks on the future of energy followed by interaction with Mr. Raj Singh Niranjan, India partner, TILA. Mr Sharma explained the aspects that are driving the disruptions in energy sector. One of the most  famous  and prolific inventors of all time,  Thomas Alva Edison  exerted  a  tremendous influence on modern life, contributing inventions such as the incandescent light bulb, the phonograph, and the motion picture camera, as well as improving the telegraph and telephone. Almost after a century, we have started witnessing disruptions in Energy sector and movin