30 Laws For Repeal in Delhi
The essence of good governance is good laws. For rule of law to operate, laws must be well-written and well-coded. Laws must be precise, principles-based, and should stand the test of time.
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25 Laws For Repeal in Maharashtra
The essence of good governance is good laws. For rule of law to operate, laws must be well-written and well-coded. Laws must be precise, principles-based, and should stand the test of time.
Proposed amendment in Delhi Street Vending Rules
The Government of the National Capital Territory of Delhi published the Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2014 in the Delhi Gazette on 26th of November, 2014 under the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.
Free to choose medium of instruction
The Hon’ble Supreme Court, in the case of State of Karnataka & Anr v.
Entry level for RTE admissions
The Hon’ble Bombay High Court in the case of Uran Education Society v.
Dual recognition
The Hon’ble Madras High Court in the case of Lakshmi School v. State of Tamil Nadu, W.P. No. 15373 of 2012 etc., dated September 21, 2012, held that the ICSE and the CBSE schools are private schools within the meaning of Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009.
Prisoners' Right to Procreation
In ‘Jasvir Singh Vs. State of Punjab, CWP No. 5429 of 2010, the learned Single Judge of Punjab and Haryana High Court dismissed the petition praying for enforcement of their right to have conjugal life and procreate within the jail premises.
Hurting Religious Sentiments
The Delhi High Court, in Ajay Gautam vs Union of India, W.P (C) No. 112/2014, rejected the prayer of the Petitioner to restrain screening of the Hindi Film, PK, on the ground that it hurts religious sentiments, especially of Hindus.
Post Maternity Leave for Surrogate Mother?
The Kerela High Court, in the case of P.Geetha vs Kerela Livestock Development Board [2015 SCC Online Ker 71, WP(C).No. 20680 of 2014 (H)], held that a mother who has obtained the baby through surrogacy is entitled to all the benefits that an employee could have on post-delivery, i.e. the child specific statutory benefits.
Is CLAT not a person?
In iJustice vs CLAT Committee – CCI Case no. 41 of 2014 dated 19.08.2014, the Competition Commission of India (‘Commission’) held that CLAT Committee is not a ‘person’ under section 2(l) and therefore not an enterprise as per section 2 (h) of the Competition Act, 2002 (‘Act’).
Master Database of Laws Recommended for Repeal
iJustice has prepared a master database, one stop shop, of all laws recommended for repeal by the Law Commission, the PC Jain Commission and the 100 Laws Report, but not yet removed from the statute books.
Hate Speech
In Jafar Imam Naqvi v. Election Commission of India, W.P. (C) No. 429 of 2014, a Supreme Court Bench comprising of Dipak Misra and N. V. Ramana, JJ dismissed the writ petition seeking relief against hate speech during election campaigns filed under Article 32 of the Indian Constitution.
Is Freedom of Speech a Matter of Convenience?
In Lyca Production Pvt. Ltd vs The Government of Tamil Nadu Writ Petition No.29325 of 2014, the Madras High Court allowed the petition seeking a writ of mandamus from the High Court of Madras to direct the Respondents to grant protection to enable them to have their name exhibited as the Producer of the film in the prints as well as the publicity material.
Breach of Promise to Marry is Not Rape
In its decisions dated March 12, 2014, the Bombay High Court, before Justice Mridula Bhatkar in the case of Mahesh Balkrishana Dandane v. State of Maharashtra (Criminal Anticipatory Bail Application No. 27 0f 2014 and Criminal Intervention Application No.
Restriction imposed on Dahi Handi
A two judge-bench in the Bombay High Court in the case of Mrs. Swati Sayaji Patil v State of Maharashtra and Ors. CRPIL. 56-14, PIL. 95-13, PILL. 97-14 & NML. 456-14 held that children below the age of 18 would not be permitted to take part in Dahi Handi festival and passed a series of directions for the government, organizers and municipal authorities.
Parental Choice Wins
In ‘Forum for promotion of quality education for all v Lt. Gov. Of Delhi and Ors.’ Writ Petition no.
Judicial Activism or Judicial Overreach?
In Vishaka and others vs. State of Rajasthan and others WP (Crl.) Nos.666-70 of 1990 decided on 13.08.1997, the Supreme Court (‘the Court’) found itself dealing with the issue of sexual harassment of women in the workplace.
Charu Khurana: Fair End, Flawed Means
In Charu Khurana v. Union of India, 2014 SCC Online SC 900, a Supreme Court Bench comprising of Dipak Misra and U.U.
The 100 Laws Repeal Project
CCS's iJustice, NIPFP Macro/Finance Group, and Vidhi Legal Centre, alongwith lawyers, legislative experts and economists have identified 100 Laws for repeal to help the administration live up to a key election message.
25 per cent Reservation in Private Schools: Social Justice or Expropriation - II
Pramati Educational & Cultural Trust ® & Ors. vs Union of India & Ors. (Writ Petition (C) No. 416 Of 2012) was referred by a three-Judge Bench of the Supreme Court by order dated 6.09.2010 in Society for Unaided Private Schools of Rajasthan v. Union of India & Anr.
Model Rules under the Street Vendors Act 2014
iJustice has drafted Model Rules under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014, for dissemination amongst Government Authorities.
Does Gambling Qualify as a Trade?
A five judge bench of the Hon’ble Supreme Court, in State of Bombay vs R.M.D. Chamarbaugwala (AIR 1957 SC 699), held that gambling or conducting the business of gambling is extra-commercium and hence not included within the meaning of ‘trade, commerce or intercourse’.
Right to Employment vs Security
The Hon’ble High Court of Gujarat, in Mahila Utkarsh Trust vs Union of India (2014 SCC OnLine Guj 7642), held the provisions contained in Section 66(1)(b) of the Factories Act, 1948 – prohibiting women from working in factories between 7.00 pm and 6.00 am - to be ultra vires Articles 14, 15, 16, 19(1)(g) and 21 of the Constitution of India, relying on the decision of the Hon’ble Supreme Court i
25 percent reservation in private unaided schools
As a judgment enumerating upon the constitutional validity of the recently enacted the Right of Children to Free and Compulsory Education Act, 2009 (“Act”), the Society For Un-Aided Private Schools Of Rajasthan v.