Current Legal Update

NO MORE ‘OPTIONAL’ FEES: SUPREME COURT CAPS ADVOCATE ENROLMENT CHARGES

The case of K. L. J. A. Kiran Babu v. The Supreme Court has firmly closed the matter of advocate enrolment fees by settling that the State Bar Councils are bound with very clear restrictions of receiving only the fee as prescribed by the Advocates Act. In throwing out the custom of imposing additional so-called optional fees, the Court has not only given some relief to money-strapped law-school graduates, but has also reflected a vital constitutional truth that the path to any profession must not be cluttered with extraneous financial requirements that are arbitrary and unlawful.

Supreme Court

A WIN FOR VICTIM’S FAMILIES: SUPREME COURT MANDATES INCLUSION OF HRA IN ACCIDENT COMPENSATION

The Kavita Devi and Others v. In Sunil Kumar and Another the Supreme Court substantially increased the compensation to the family of a victim of an accident. The Court held that in determining compensation, actual income should consist of HRA and wages and the allowances are part of the benefits enjoyed by the entire family. The verdict stated that courts needed to abandon hyper-technical inferences and should be more comprehensive on the meaning of the word income in order to equally provide compensation that is both proper and appreciated. This decision holds fast to a victim-oriented approach to a motor accident claim.

Current Legal Update

PROTECTING THE HONEST v. PROSECUTING THE CORRUPT: SUPREME COURT WEIGHS IN

The Constitutional validity of the Section 17A of the Prevention of Corruption Act has been left pending by the Supreme Court, which asks that investigation on public servants must first be sanctioned by the government. The petition filed by the Centre of Public Interest Litigation heads contends that the clause is used to protect the corrupt. It is justified by the government because it acts as a protection to clean-handed administrators securing fearless governance. The ruling made by the court will play a critical role in determining the effort of anti-corruption versus the administrative protection.