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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.

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.

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.

The Right to Hold Public Meetings

In its decisions dated 15 September, 1972, the Gujarat High Court, before a five judge bench in the case of Himat Lal K. Shah vs Commissioner Of Police (AIR 1973 SC 87: (1973) 1 SCC 227) held that Rule Nos.

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.

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.

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.

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