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RIGHT TO INFORMATION - Del. HC: Order of CIC Directing CBDT to Give Information Regarding Ram Janmabhoomi Trust Set Aside
Fri, 01 Mar 2024 14:56:50 IST

An order passed by the Chief Information Commission (CIC) that directed the Central Board of Direct Taxes (CBDT) to provide information regarding Shri Ram Janmabhoomi Teerth Kshetra Trust that has been set by the Centre, has been set aside by the Delhi High Court.

PROPERTY - Ker HC: In Non-Performance of Agreement, Buyer to Get Charge Over Property For Paying Purchase Price
Fri, 01 Mar 2024 14:56:38 IST

Kerala High Court has held that where the non-performance is not due to fault of the buyer and seller, or where both are at blame/default, it cannot be said that buyer has improperly declined to accept delivery and hence he is entitled to charge over property for purchase price paid and interest.

CRIMINAL - MP HC: Power Exercised u/s 319 of CrPC Must Come Before Acquittal Order in Case of Joint Result
Fri, 01 Mar 2024 14:56:25 IST

Madhya Pradesh High Court has observed that if an order has to be made in the exercise of powers under Section 319 of the Code of Criminal Procedure (CrPC) then it can be made only before the pronouncement of an order that acquits person involved in trials leading to joint results.

ELECTION - Tel. HC: Constitutional Validity of Section 38(2) of RP Act and Rule 5.7.1 of ECI's Handbook Upheld
Fri, 01 Mar 2024 14:56:14 IST

Telangana High Court has upheld the constitutional validity of Section 38(2) of the Representation of the People Act, 1951 (RP Act) and Rule 5.7.1 of the Election Commission of India's (ECI) Handbook for Candidates which relate to the preparation of the list of candidates validly nominated.

CONTRACT - Supreme Court: Distributor Not An Agent But An Independent Contractor
Fri, 01 Mar 2024 10:16:50 IST

SC has held that legal position of a distributor is generally different from an agent. Distributor buys goods on his account and sells them in his territory and in such cases becomes an independent contractor who is free from employer's control but an agent isn't completely free from that control.

DIRECT TAXATION - Rajasthan High Court: Accrual Time For Taxing Income to Be Postponed Till Dispute's Adjudication
Fri, 01 Mar 2024 10:16:38 IST

Rajasthan High Court has held that the time of accrual for taxing income gets postponed till the dispute is adjudicated by the Civil Court.

SERVICE - Rajasthan High Court: Reinstate Ayurvedic Doctors Who Haven't Attained 62 Years of Age
Fri, 01 Mar 2024 10:16:22 IST

Rajasthan High Court has directed that those ayurvedic doctors who have been superannuated on attaining the age of 60 years but have not completed the age of 62 years, be reinstated in service.

DIRECT TAXATION - Supreme Court: Can't Apply TDS to Business Undertakings Where Assessee Not Paying Income
Thu, 29 Feb 2024 18:05:13 IST

Supreme Court has held that assessees would not be under a legal obligation to deduct tax at source on the income/profit component in payments received by distributors/franchisees from the third parties/customers, or while selling/transferring pre-paid coupons or starter-kits to the distributors.

CIVIL - Supreme Court: Stay Orders of High Court on Trials Not to Get Vacated Automatically
Thu, 29 Feb 2024 18:05:01 IST

Supreme Court while overruling its 2018 judgement Asian Resurfacing of Road Agency Pvt. Ltd. and Ors. Vs. Central Bureau of Investigation (MANU/SC/0308/2018), has held that a direction that all interim orders passed by High Courts will automatically expire on the lapse of time cannot be issued.

LAW OF MEDICINE - SC Criticises Centre For Not Specifying Range of Rates For Treatment in Pvt. Hospitals & Clinics
Thu, 29 Feb 2024 18:04:50 IST

SC while criticizing Centre for not specifying the range of rates for treatment services in pvt. hospitals & clinics has directed the Centre to provide some concrete proposal for the same by next hearing, failing which Court would consider notifying the rates applicable to CGHS empanelled hospitals.

SERVICE - Bom HC: Emp. to Ensure That Minor Mistakes Due to Candidate's Disability Shouldn't Lead to Job Loss
Thu, 29 Feb 2024 18:04:39 IST

Bombay High Court has held that minor errors stemming from the impairment of disabled candidates should not result in discrimination or unfair treatment by employers. Refusing to remedy the mistakes within a reasonable time solely because of these errors, would contravene the principle of equality.

TRUSTS AND SOCIETIES - Ker. HC: No Member of Hindu Public Can Claim to Perform Services That Only Archakas Can Perform
Thu, 29 Feb 2024 18:04:27 IST

Kerala HC has held that no member of Hindu public could claim as part of rights protected by Article 25(2)(b) of Constitution of India, that a temple must be kept open for worship at all hours of day or that he should personally perform those services, which the Archakas alone could perform.

CRIMINAL - Del HC: No Restraint in Grant of Bail Under S. 37 of NDPS Act For Undue Delay in Completion of Trial
Thu, 29 Feb 2024 10:34:52 IST

Delhi High Court has held that Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) does not put a restrain on granting bail to the accused for unnecessary delay in trial completion.

CRIMINAL - Mad. HC: Jail is The Rule And Bail an Exception Under The Prevention of Money Laundering Act
Thu, 29 Feb 2024 10:34:39 IST

Madras High Court has held that Section 45 of the Prevention of Money Laundering Act turns the principle of bail is the rule and jail is the exception on its head. Under the Act's regime jail is the rule and bail is the exception.

CRIMINAL - Gau. HC: Conviction Under Section 489B of Indian Penal Code Set Aside For Lack of Mens Rea
Thu, 29 Feb 2024 10:34:24 IST

Gauhati High Court has set aside the conviction of a man under Section 489B of the Indian Penal Code, 1860 on the ground that no mens rea on the part of the accused for having forged or counterfeited notes has been established.

CONSTITUTION - Kerala HC: Can't File HC Petition For Same Detention Order Even on Raising New Grounds
Thu, 29 Feb 2024 10:34:11 IST

Kerala High Court has held that if the substantial challenge in a Habeas Corpus (HC) petition is against the same detention order, the very same court cannot entertain a writ petition, even if new grounds have been raised.

LAND ACQUISITION - SC: No Charity Being Done By State For Paying Compensation to Person Whose Land Was Acquired
Wed, 28 Feb 2024 14:57:27 IST

Supreme Court has held that depriving a citizen of his constitutional right to use the land for 20 years and then showing graciousness by paying the compensation is not acceptable as the State is not doing any charity.

CIVIL - All. HC: Businessman Doing Business Activities Within Slum Can't Be Called a Slum Dweller
Wed, 28 Feb 2024 14:57:15 IST

Allahabad High Court has held that a businessman by taking possession of a piece of land from slum dwellers and by illegally raising business construction thereon, cannot be called a slum dweller and cannot claim protection given to dingy houses of slum dwellers.

GOODS AND SERVICES TAX - All HC: Can't Invoke Penalty Proceedings u/s 129 of UPGST Act, 2017 For Search And Seizure Of Godown
Wed, 28 Feb 2024 14:57:02 IST

Allahabad HC has held that the provision of Section 129(3) of the Uttar Pradesh Goods and Services Tax Act, 2017(UPGST) can't be invoked to subject a godown to search and seizure operation unmindful of the act that no action was taken or contemplated under Section 67 of the Act.

CIVIL - SC: Registry Can't Decide Whether or Not Review Petiton Merits Relook Through Curative Petiton
Wed, 28 Feb 2024 10:39:57 IST

Supreme Court has held that registry cannot be vested with the power to decide whether a review petition, after being dismissed in open court hearing, merited relook through the curative jurisdiction. This power being judicial in nature has to be exercised by the courts.

CONTEMPT OF COURT - SC: Contempt Notice Issued Against Patanjali For Continued Publishing of Misleading Advertisements
Wed, 28 Feb 2024 10:39:44 IST

Supreme Court has issued contempt notice against Patanjali for publishing deceiving advertisements even after assuring the Court that such statements would not be made.

CRIMINAL - Bom. HC: Imprisonment Exceeding Twelve Months Can't Be Given For Default in Payment of Maintenance
Wed, 28 Feb 2024 10:39:33 IST

Bom. HC has observed that the Magistrate under Section 125 of CrPC can only impose imprisonment upto twelve months on 1 application for default of payment of maintenance. Court clarified that 12 defaults can be put together in 1 application and further defaults in separate applications.

LAW OF EVIDENCE - Gauhati HC: Can't Shift Burden of Proof on Accused if Multiple Witnesses of Crime Present
Wed, 28 Feb 2024 10:39:20 IST

Gauhati High Court has held that when the offence was allegedly committed in daylight in the presence of witnesses then by applying the provisions of Section 106 of the Evidence Act, the burden of proof cannot be put upon the accused to disprove the allegations.

CRIMINAL - SC: Information Disclosing Cognizable Offence to Be Recorded as FIR & Not in General Diary
Tue, 27 Feb 2024 15:08:49 IST

Supreme Court has held that except in cases where preliminary inquiry is needed, commission of cognizable offence should be recorded as a First Information Report (FIR) and not in the General Diary that is maintained by police.

CONTRACT - Supreme Court: Entering Into Sale Agreement With Minor is Void and Unenforceable
Tue, 27 Feb 2024 15:08:37 IST

Supreme Court has held that per the Contract Act, 1872 it is clearly stated that for an agreement to become a contract, the parties must be competent to contract, wherein age of majority is a condition for competency, hence a sale agreement with minor is void and cannot be enforced.

DEFENCE - Delhi High Court: Deployment of CISF Personnel Shall be Based on Operational Requirements
Tue, 27 Feb 2024 15:08:25 IST

Delhi High Court has stated that deployment of Central Industrial Security Force (CISF) personnel can either be in India or Abroad and such posting shall depend on the interest of operational necessities of the Force.

SERVICE - Cal. HC: Cannot Differentiate Between Contractual and Permanent Employees For Maternity Leave
Tue, 27 Feb 2024 15:08:12 IST

Calcutta High Court has held that, for the purpose of maternity leaves any differentiation done between permanent and contractual employees shall be prohibited and would violate Article 14 of Constitution of India.

BANKING - All. HC: Returning Unpaid Check With Endorsement of Account Closed Amounts to Dishonor of Cheque
Tue, 27 Feb 2024 15:07:56 IST

Allahabad High Court has held that if an unpaid cheque has been returned by bank with the endorsement Account Closed then it shall be equivalent to Dishonor of Cheque and shall constitute an offence under Section 138 of Negotiable Instruments Act.

EDUCATION - Supreme Court Asks Medical Colleges Either to Pay Stipend or Not Have Internship
Tue, 27 Feb 2024 10:53:39 IST

Supreme Court while expressing concerns over inadequate payment of stipends to medical students, has stated that Medical colleges should either pay the students stipend or shouldn't have the internship.

CRIMINAL - Calcutta HC: No Penal Proceedings Attracted if Bona-Fide Mistake Occurs in Court Reporting
Tue, 27 Feb 2024 10:53:27 IST

Calcutta HC while observing that the petitioner had sought an apology, it cannot be said that the said news was telecast malignantly or wantonly to give provocation, has held that a bona-fide mistake in reporting a court proceeding does not constitute the offences under the Indian Penal Code.

EDUCATION - Delhi High Court: Can't Stop Student From Entering Exam Hall Once Admit Card Issued
Tue, 27 Feb 2024 10:53:15 IST

Delhi High Court has observed that Central Board of Secondary Examination does not have any right to prevent a student from entering examination hall once admit card has been issued.

CONSTITUTION - Kar. HC: Can't Stretch Protection u/a 21 to Those Posing Threat to Nation's Sovereignty & Integrity
Tue, 27 Feb 2024 10:53:02 IST

Karnataka High Court has held that Article 21 of Constitution of India cannot be stretched too long to afford protection to persons who have least concern for rule of law and pose threat to sovereignty and integrity of the nation.

SERVICE - Utt. HC: Joining in Service Cannot Be Denied to Woman on The Ground of Her Pregnancy
Tue, 27 Feb 2024 10:52:48 IST

Uttarakhand High Court has held that a woman who has been selected for a service, cannot be denied joing for the reason that she is pregnant.

CRIMINAL - Karnataka HC: Courts Should Ensure That Legal Procedures Are Not Abused in Order to Reduce Burden
Tue, 27 Feb 2024 10:52:35 IST

Karnataka High Court has held that Providing Fast Track Court and use of Alternate Dispute Resolution, is not sufficient to reduce burden of courts. Courts are not only required to dispense with unnecessary procedures but are also required to ensure that legal procedures are not abused.

CIVIL - Bombay HC: Can't Entertain Application Increasing Valuation of Suit if Pecuniary Jurisdiction Lost
Mon, 26 Feb 2024 15:09:59 IST

Bombay High Court has observed that an application for increasing the valuation of suit cannot be entertained by it when due to increase in pecuniary jurisdiction it has already lost its jurisdiction.

CRIMINAL - Bom. HC: Information of Previous Bail Applications And Orders to Be Give in All Bail Applications
Mon, 26 Feb 2024 15:09:46 IST

Bombay High Court while issuing a circular, has mandated details of all previous applications for bail to be given in bail applications presented before the High Court.

ARBITRATION - Cal. HC: Clause in GCC Specifying App. of Officers For Arbitration Violative of S. 12(5) of A&C Act
Mon, 26 Feb 2024 15:09:34 IST

Calcutta High Court has held that General Conditions of Contract (GCC) Clause that stipulates appointment of three gazetted officers of railway for arbitration violated Section 12(5) of Arbitration and Conciliation Act (A&C ACT).

ARBITRATION - Cal HC: High Court Lacks Jurisd. When Application u/s 9A of A&C Act Filed Before Commercial Court
Mon, 26 Feb 2024 15:09:17 IST

Calcutta High Court has held that if an application under Section 9A of Arbitration and Conciliation Act, 1996 (A&C Act) has been filed before a commercial court with territorial jurisdiction over the arbitration, then the High Court would lack jurisdiction.

GOODS AND SERVICES TAX - All. HC: Jurisdiction of GST & Central Excise Supt. Limits to Matters Not Exceeding Rs. 10 Lakh
Mon, 26 Feb 2024 15:09:05 IST

Allahabad High Court while quashing order passed by GST and Central Excise Superintendent, has observed that the jurisdiction of GST and Central Excise Superintendent to pass order is constrained to the limit of Rs. 10,00,000.

CONSTITUTION - SC: Art. 300A of COI Enshrining Right to Property Applicable on People Who Aren't Citizens of India
Mon, 26 Feb 2024 10:55:45 IST

Supreme Court has held that the expression person in Article 300-A of Constitution of India (COI) covers not only a legal or juristic person but also a person who is not a citizen of India.

SERVICE - SC: Courts Must Apply Mind to Decide Recruitment Cases Related to Non-Disclosure of Criminal Cases
Mon, 26 Feb 2024 10:55:32 IST

SC has held that broad-brushing every non-disclosure as disqualification will be unjust and will tantamount to being completely oblivious to ground realities. Each case will depend on facts and circumstances that prevail, and courts will have to take a holistic view, based on objective criteria.

CIVIL - Del. HC: Can't Stop Publications on Public Life of Public Figures Unless it Amounts to Harassment
Mon, 26 Feb 2024 10:55:20 IST

Delhi High Court has observed that neither the Government nor judicial orders can stop publications on public life of public figures unless such publication amounts to harassment or invasion of privacy of such individual.

CONSTITUTION - Centre Notifies Date for Enforcement of Criminal Laws Replacing IPC, CrPC, Evidence Act
Mon, 26 Feb 2024 10:55:07 IST

Central Government has notified that the three criminal laws Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam replacing Indian Penal Code (IPC), Code of Criminal Procedure (CrPC) and Indian Evidence Act shall come into force from 01st July, 2024.

LABOUR AND INDUSTRIAL - Del HC: Incorrect to Deny Benefits to Construction Workers For Failing to Pay For Renewal of Regist.
Mon, 26 Feb 2024 10:54:54 IST

Delhi High Court has held that disentitling construction worker to benefits on the basis that the worker has failed to pay contribution for renewal of his/her registration after validity of the registration is incorrect.

DIRECT TAXATION - Delhi High Court: Legal Database's Subscription Can't Be Considered as Transfer of Copyright
Mon, 26 Feb 2024 10:54:40 IST

Delhi High Court has held that subscription to a legal database does not amount to transfer of copyright since there is a clear difference between transferring copyright and granting right to use any copyright material.

NARCOTICS - Mad. HC: Under NDPS Act, Conscious Possession With Physical Possession Essential Element For Offence
Mon, 26 Feb 2024 10:53:58 IST

Madras High Court has held that under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) physical, as well as mental possession of drugs, are essential elements in order to constitute an offence.

CIVIL - Supreme Court: Suit of Injunction Not Maintainable if Plaintiff Fails to Prove Title Over Property
Fri, 23 Feb 2024 15:19:28 IST

Supreme Court has held that suit of injunction by plaintiff may not be maintainable against defendant if the plaintiff fails to prove title of the property.

ARBITRATION - Calcutta High Court: Court Not Merely Obligated to Appoint Arbitrator u/s 11(6) of A&C Act
Fri, 23 Feb 2024 15:19:15 IST

Calcutta High Court has held that Court under Section 11(6) of Arbitration and Conciliation Act is not merely obligated to appoint an arbitrator but can also decide the arbitrability of a dispute by a prima facie analysis.

CONSUMER - Cal. HC: Jurisdiction Can't Be Assumed By Consumer Forum When Arbitration Prescribed By Special Law
Fri, 23 Feb 2024 15:19:00 IST

Calcutta High Court has held that Court under Section 11(6) of Arbitration and Conciliation Act is not merely obligated to appoint an arbitrator but can also decide the arbitrability of a dispute by a prima facie analysis.

SERVICE - Allahabad HC: Pension Can't Be Withheld For Incident That Occurred Four Years Prior to Retirement
Fri, 23 Feb 2024 15:18:47 IST

Allahabad High Court has held that no action can be taken under Regulation 351-A of the Civil Services Regulation against an employee for an incident that took place four years prior to the retirement of the employee.

MOTOR VEHICLES - SC: Deemed Income of Homemaker Can't Be Less Than Daily Wages Prescribed Under Minimum Wages Act
Fri, 23 Feb 2024 10:31:38 IST

Supreme Court while granting compensation of Rs. 6 Lakh for the death of a woman, has held that the deceased was a homemaker, her direct and indirect monthly income could not be less than the wages admissible to a daily wager in the State of Uttarakhand under the Minimum Wages Act.

LAW OF MEDICINE - Central Government Modifies Surrogacy (Regulation) Rules, 2022
Fri, 23 Feb 2024 10:31:27 IST

Centre has amended the Surrogacy (Regulation) Rules, 2022 and notified that when District Medical Board certifies that either husband or wife suffers from medical condition necessitating use of donor gamete then surrogacy using donor gamete is allowed.

FAMILY - Delhi High Court: Can't Use Senior Citizens Act For Purposes of Property Dispute
Fri, 23 Feb 2024 10:31:13 IST

Delhi High Court has held that the purpose behind enacting Senior Citizens Act, 2007 was to protect the senior citizens from exploitation and not for settling property disputes.

SERVICE - Ori HC: Can't Recover Excess Payment Made to Emp. From Leave Encashment Benefits Post Retirement
Fri, 23 Feb 2024 10:30:59 IST

Orissa High Court has held that if excess payment has been made to an employee without any fault on his part, such amount cannot be recovered by the employer after his retirement from his leave encashment benefits.

LAW OF EVIDENCE - SC: Non-Examination of Ballistic Expert Not Fatal to Prosecution's Case if Direct Evidence Credible
Thu, 22 Feb 2024 14:57:14 IST

Supreme Court has held that if the direct evidence produced by prosecution is credible then omission to obtain ballistic report and non-examination of ballistic expert may not be fatal to the prosecution case.

ADMINISTRATIVE - SC: Courts Should Aim at Restituting Affected Person Alongwith Setting Aside Arbitrary Admin. Action
Thu, 22 Feb 2024 14:57:02 IST

Supreme Court has stated that the primary duty of constitutional courts remains the control of power, including setting aside of administrative actions that may be illegal or arbitrary but, it is equally incumbent upon the courts to take reasonable measures to restitute the injured.

CRIMINAL - SC: Circumstantial Evidence Has to Be Supported With Other Evidence in Order to Make it Strong
Thu, 22 Feb 2024 14:56:50 IST

Supreme Court has observed that for proving a case on the basis of circumstantial evidence it must be established that the chain of circumstances is complete and that the chain of circumstances is consistent with the only conclusion of guilt.

CRIMINAL - Delhi High Stays Judgement Related to Investigation Under PMLA
Thu, 22 Feb 2024 14:56:36 IST

Delhi High Court has stayed a judgement which held that in cases where investigation is going under Prevention of Money-Laundering Act, 2002 (PMLA) for more than 365 days and it doesn't result in any proceedings then seized property shall be returned as such seizure shall be confiscatory in nature.

CRIMINAL - SC Upholds All. HC's Direction to Medically Examine Person Called in Police Station After Release
Thu, 22 Feb 2024 11:14:52 IST

Supreme Court while upholding Allahabad High Court's direction to medically examine person called in police station after release, has stated that such direction was issued in order to put up a check on custodial violence on the person's brought to the police station.

CONSTITUTION - Supreme Court: Judicial Decisions Do Not Lead to Infringement of Fundamental Rights
Thu, 22 Feb 2024 11:14:41 IST

Supreme Court has restated that a judicial decision that has been given by a court of competent jurisdiction cannot be challenged on the grounds of violation of fundamental rights.

CRIMINAL - SC: Delay in Filing Appeal Challenging Acquittal u/s 378 CrPC Can Be Condoned u/s 5 Limitation Act
Thu, 22 Feb 2024 11:14:27 IST

Supreme Court has held that the delay occurring in filing an appeal against acquittal of accused under Section 378 of Code of Criminal Procedure, 1973 can be condoned under Section 5 of the Limitation Act, 1963.

ADMINISTRATIVE - SC: No Power on Supreme Court to Exercise Superintendence Over High Courts
Thu, 22 Feb 2024 11:14:16 IST

Supreme Court while refusing to direct High Court to decide a criminal matter expedetiously, has observed that there is no provision in Chapter-IV under Part-V of the Constitution of India confers power of superintendence on the Supreme Court over the High Courts.

CRIMINAL - Del. HC: Can't Invoke Bar Given u/s 37 of NDPS Where Evidence Against Accused Appears Unbelievable
Thu, 22 Feb 2024 11:14:02 IST

Delhi High Court has held that bar related to bail provided under Section 37 of Narcotic Drugs and Psychotropic Substances Act (NDPS) cannot be invoked in cases where evidence against accused does not appear to be believable and evidence does not seem to be sufficient for conviction.

CIVIL - Del HC: 'Absolute Privilege' Bars Claims Against Judges, Counsels For Statement Made During Proc.
Thu, 22 Feb 2024 11:13:48 IST

Delhi High Court has observed that Doctrine of 'Absolute Privilege' puts an embargo on entertainment of claims made against judges, lawyers or parties with regard to the statements made during a judicial proceeding in Courts and Tribunals.

SERVICE - Bom. HC: Candidates Converting to EWS After Striking Down of SEBC Act Ineligible For Age Relaxation
Wed, 21 Feb 2024 16:00:13 IST

Bom. HC held that Maratha Judicial Services candidates initially applying under Socially and Educationally Backward Classes Act, 2018 (SEBC) & converted to Economically Weaker Section (EWS) after act being struck down by SC won't be eligible for age relaxation granted to backward-class candidates.

FAMILY - Kar. HC: Self-Acquired Property Thrown in Common Hotchpot Shall be Treated as Joint Family Property
Wed, 21 Feb 2024 16:00:00 IST

Karnataka High Court has held that if a Hindu family member voluntarily throws his/her self acquired property into common hotchpot with the purpose of abandoning title over it then such property will become a joint family property.

CRIMINAL - All. High Court Explains 'Prima Facie Satisfaction' of Magistrate Before Summoning/Issuing Process
Wed, 21 Feb 2024 15:59:46 IST

Allahabad High Court has observed that the Magistrate before summoning/issuing process against an accused has to hold an enquiry under Section 202 of Code of Criminal Procedure, 1973 in order to find sufficient grounds to proceed which shall constitute 'Prima Facie Satisfaction' of Magistrate.

CONSUMER - Supreme Court: Apple Not Responsible to Trace Stolen Iphone Through Unique Identity Number
Wed, 21 Feb 2024 11:25:13 IST

Supreme Court while observing Odisha State Consumer Commission's order as unwarrented, has obliterated the order passed by the Commission.

CONSTITUTION - Delhi High Court Dismisses Plea Seeking to Block Article Published By The Print on RAW
Wed, 21 Feb 2024 11:25:00 IST

Delhi High Court while dismissing a plea that has sought a direction on the Centre to block an article published by digital news platform 'The Print' on Research and Analysis Wing (RAW), has observed that publication involves freedom of press and the right to know.

CIVIL - Del. HC: DDA & MCD Must Put Structural Reforms In Place to Deal With Issue of Illegal Construction
Wed, 21 Feb 2024 11:24:47 IST

Delhi High Court while observing that illegal construction is going on in Delhi in an unusual manner, has held that Municipal Corporation of Delhi (MCD) and Delhi Development Authority (DDA) should put structural reforms in place to deal with such a grave issue.

CIVIL - Supreme Court Quashes Judgement Released by Judge After Retirement
Tue, 20 Feb 2024 15:12:12 IST

Supreme Court while remitting a case to the High Court for fresh consideration, has quashed the judgement released by the judge after his retirement and stated that retaining case file after demitting the office is an act of gross impropriety on his part.

CRIMINAL - Supreme Court: Accused Absolved of Charges Under IPC Can't Be Charged Under UP Gangsters Act
Tue, 20 Feb 2024 15:12:01 IST

SC has held that to prosecute accused under Section 3(1) of Uttar Pradesh Gangsters and Anti-Social Activities(Prevention) Act, 1986 it should be proved by prosecution that accused being a member of a gang has been involved in anti-social activities that are covered under Indian Penal Code (IPC).

SERVICE - Supreme Court: Termination of Woman Nursing Officer on Grounds of Her Marriage is Unconstitutional
Tue, 20 Feb 2024 15:11:51 IST

Supreme Court has held that termination of a woman nursing officer from the Military Nursing Service on grounds of marriage undermines human dignity, right to non-discrimination and fair treatment. The Court further directed the Centre to pay compensation of Rs. 60,00,000/- to her.

CONSTITUTION - Delhi HC: Prospective Adoptive Parents Can't Demand Their Choice on Which Child to Adopt
Tue, 20 Feb 2024 15:11:40 IST

Delhi High Court has held that Right to Adopt does not come within the ambit of Article 21 of the Constitution of India hence prospective adoptive parents cannot raise it to grant the right to demand their choice of who to adopt.

DIRECT TAXATION - Del. HC: Mitsubishi Corporation Can't Deduct TDS on The Amount Not Chargeable to Tax in India
Tue, 20 Feb 2024 15:11:29 IST

Delhi High Court has held that TDS cannot be deducted by Mitsubishi Corporation under Section 195(1) of the Income Tax Act, 1961 where the amount that was paid was not chargeable to tax in India.

CRIMINAL - SC: Heightened Caution Must be Exercised By Police When Dispute Involves Unethical Transactions
Tue, 20 Feb 2024 11:31:05 IST

Supreme Court has observed that 'heightened' caution must be exercised by the police while registering cases that involve the dispute of unethical transactions between parties and in which civil remedies are barred.

CIVIL - Supreme Court: Definition of Forest Given By Godavarman Judgment Should Be Followed By States/UTs
Tue, 20 Feb 2024 11:30:53 IST

Supreme Court while passing an interim order has directed the State and Union Territiories to act in accordance with the definition of forest given in judgement of N. Godavarman Thirumalpad v. UOI till the land recorded as forests is identified as per the 2023 amendment to Forest (Conservation) Act.

ARBITRATION - Del HC: Party's Agreement to Constitute Arb. Tribunal Precludes Them From Opposing Arbitrator's App.
Tue, 20 Feb 2024 11:30:41 IST

Delhi High Court has held that if once a party has agreed on constituting an arbitral tribunal then it is prohibited from subsequently opposing the appointment of an arbitrator based on the alleged non-fulfillment of pre-arbitral steps.

ARBITRATION - Delhi High Court: Contractual Clauses and Party's Conduct Infer Seat of Arbitration
Tue, 20 Feb 2024 11:30:30 IST

Delhi High Court has held that determination of seat of arbitration should be done on the basis of the clauses of agreement and the conduct of parties. Mere usage of the expression place of arbitration does not indicate the same automatically.

ARBITRATION - Del. HC: Copy of Arbitration Award Must Be Given Only to The Parties And Not Their Agents/Advocates
Tue, 20 Feb 2024 11:30:18 IST

Delhi High Court has held that the term party under the Arbitration and Conciliation Act refers only to the parties themselves and not their advocates or agents. Hence, the copy of the arbitration award should be delivered to a competent party and not their agents or lawyers.

CIVIL - Bombay High Court Directs State to Fill Vacancies in Child Welfare Institutions Within Three Months
Mon, 19 Feb 2024 15:21:43 IST

Bombay High Court while warning that neglecting to safeguard the rights and well being of children can lead up to cycles of abuse and also affect educational opportunities, has directed the State government to fill vacancies in various child welfare institutions within three months.

COMPANY - Kar HC: Once Investigation u/s 210 Companies Act Commenced, Govt Not Powerless to Issue SFIO Probe
Mon, 19 Feb 2024 15:21:32 IST

Karnataka High Court has held that if under Section 230 of Companies Act, 2013 investigation has started then the Government of India does not become powerless to assign the probe to Serious Fraud Investigation Office (SFIO) under Section 212 of the Act.

EDUCATION - Raj. HC: Restrain on Deemed Universities From Offering Distance Programs Under UGC Regulations
Mon, 19 Feb 2024 15:21:22 IST

Rajasthan High Court has restated the application of notices, circulars and guidelines issued by University Grants Commission (UGC) and Distance Education Counsel (DEC) restraining setting up off-campus centres and imparting education through distance mode by deemed to be universities.

FAMILY - Tel. HC: Daughter's Good Financial Status No Ground to Deny Share in Father's Self Acquired Property
Mon, 19 Feb 2024 15:21:11 IST

Telangana High Court has held that a daughter cannot be denied claim in the self-acquired property of her father merely because she has a good financial status.

CRIMINAL - Supreme Court: District-Level Committee's Scope Expanded
Mon, 19 Feb 2024 11:21:47 IST

Supreme Court has expanded the scope of district-level committees that are to be constituted by the States or Union Territories to reduce the issue related to overcrowding of prisons in India. The committee is now also required to address the aspect particularly related to female inmate.

CRIMINAL - SC: Voluntarily Surrendering Accused Can't be Taken In Custody When Court Hasn't Summoned Him
Mon, 19 Feb 2024 11:21:37 IST

Supreme Court has observed that accused who has voluntarily surrendered cannot be taken into custody when Court has not issued a summoning order against him after taking cognizance of the chargesheet.

CRIMINAL - Karnataka HC: Woman's Alleged Illicit Relationship With Complainant's Husband Not Cruelty
Mon, 19 Feb 2024 11:21:26 IST

Karnataka High Court has held that the accused is not a family member or in-laws in order to be implicated under Section 498A of Indian Penal Code therefore proceeding against her cannot be sustainable for the offence punishable under Section 498A of Indian Penal Code or any other offence.

CONSTITUTION - Raj HC: 'Right to Be Forgotten' Absolute Right of Juvenile if Benefits Under Sec. 24 JJ Act Extended
Mon, 19 Feb 2024 11:21:15 IST

Rajasthan High Court has held that if the benefits under Section 24 of the Juvenile Justice (Care & Protection of Children) Act, 2015 (JJ Act) have been extended to the juvenile then 'Right to be Forgotten' becomes an absolute right of the juvenile for destruction of juvenile delinquency records.

FAMILY - SC: Elder Sister Cannot Exercise Guardianship Over Younger Sister Unless There is Court Order
Fri, 16 Feb 2024 14:56:18 IST

Supreme Court while dismissing a Habeas Corpus Petition filed by a lady for production of her younger sister, has held that an elder sister doesn't have a legal right to exercise guardianship over her younger sister except when there is an order by a competent court.

CRIMINAL - SC Converts Doctor's Punishment From Imprisonment to Fine For Not Disclosing Medicine Manufacturer
Fri, 16 Feb 2024 14:55:59 IST

SC while setting aside the sentence of imprisonment imposed on a doctor, has imposed fine of Rs. 1 Lakh, for the offence under Section 18(A) read with Section 28 of the Drugs and Cosmetics Act, 1940, for not disclosing the name of the manufacturer from whom the medicines in his clinic were procured.

SERVICE - SC: Employee Can't Be Dismissed For Sending Representations Directly to Superior Officers
Fri, 16 Feb 2024 14:55:45 IST

Supreme Court has held that an employee when in financial hardship, may represent directly to the superior but that by itself cannot amount to major misconduct for which punishment of termination from service should be imposed.

CRIMINAL - Gujarat High Court Dismisses Arvind Kejriwal's Pleas Challenging Summons in Defamation Case
Fri, 16 Feb 2024 14:55:34 IST

Gujarat High Court dismissed pleas filed by Delhi CM Arvind Kejriwal and MP Sanjay Singh challenging a Sessions Court order asserting summons issued against them in a defamation case filed by Gujarat University related to Prime Minister Narendra Modi's education degree.

CIVIL - SC: Suit For Title Without Seeking Recovery of Possession Not Main. When Plaintiff Not in Possession
Fri, 16 Feb 2024 10:12:26 IST

Supreme Court has reiterated that a suit that has been filed for declaration of title and the recovery of possession has not been sought is not maintainable when the plaintiff is not in possession.

CRIMINAL - Supreme Court: Directors of Company Not Liable For Dishonor of Cheque After Their Retirement
Fri, 16 Feb 2024 10:12:08 IST

Supreme Court has observed that the Director of a company cannot be held liable for the dishonor of a cheque after his retirement, which has been issued by the company, unless some credible evidence is brought on record proving the guilt of the director.

CONSTITUTION - Ker HC: Writ Jurisdiction Under Article 226 of Constitution Can't Be Invoked For Execution of Decree
Fri, 16 Feb 2024 10:11:56 IST

Kerala High Court has held that for execution of a decree, writ jurisdiction under Article 226 of the Constitution of India cannot be invoked when there is an alternative effective remedy to approach a competent civil court by filing an execution petition under Order XXI of Code of Civil Procedure.

DIRECT TAXATION - Karnataka HC: Mere Reason to Believe Cannot Be Ground of Assessment Under Section 147 of IT Act
Fri, 16 Feb 2024 10:11:43 IST

Karnataka High Court held that Assessing Officer has to be satisfied that that there is escapement of income and unlike earlier the mere reason to believe cannot be a ground for carrying out assessment under Section 147 of the Income Tax Act, 1961.

PROPERTY - Supreme Court Explains The Principles of Adverse Possession
Thu, 15 Feb 2024 15:01:39 IST

Supreme Court while stating that a person pleading adverse possession has no equities in his favor because seeking such possession is attempting to defeat the true owner's rights, has explained some important factors that the person claiming adverse possession must show.

FAMILY - Bom. HC: Married Sister-In-Law Frequently Visiting Complainant' House Not in Domestic Rel. With Her
Thu, 15 Feb 2024 15:01:28 IST

Bombay High Court while quashing a domestic violence case against a woman's married sister-in-law, has observed that the sister-in-law frequently visiting the complainant's household without any permanency is not a sufficient ground to constitute residence in shared household.

SERVICE - MP HC: Court Can't Interfere With Findings of Expert Committee in Absence of Violation of Statutes
Thu, 15 Feb 2024 15:01:15 IST

Madhya Pradesh High Court has observed that in the absence of any mala fides or violation of any statutory provisions, courts cannot interfere with the findings of an expert committee.

ELECTION - Supreme Court Strikes Down Electoral Bond Scheme as Unconstitutional
Thu, 15 Feb 2024 11:30:47 IST

Supreme Court has struck down the Electoral Bond Scheme stating it to be violative of Article 19(1)(a) of Constitution of India and the Right to Information of citizens. The Court held that Right to Privacy of political affiliation does not extend to contributions made to influence public policy.

CRIMINAL - SC Explains Principles That Appellate Courts Should Follow While Deciding Acquittal Appeals
Thu, 15 Feb 2024 11:23:06 IST

Supreme Court has observed that if through appreciation of evidence two possible views are being made out then the Appellate Court cannot reverse the decision of acquittal by the Trial Court, merely because there exists another view that led to the conviction of the accused.

INSOLVENCY - SC: Closer Examination of RP's Feasibility if Plan Envisages Use of Asset Owned By Statutory Body
Thu, 15 Feb 2024 11:22:50 IST

SC while observing that normally resolution plan's feasibility is best decided by the commercial wisdom of Committee of Creditors, has held that when Resolution Plan (RP) envisions the use of asset/land owned by a statutory body then there has to be a closer examination of the plan's feasibility.

CRIMINAL - Supreme Court Sets Aside Interim Protection Granted to Indiabulls Housing Finance Ltd. Officers
Thu, 15 Feb 2024 11:22:38 IST

Supreme Court while setting aside the interim protection granted to Indiabulls Housing Finance Ltd. officers in an FIR, has held that the extraordinary and inherent powers of the court do not confer any arbitrary jurisdiction on the court to act according to its whims and caprice.

CIVIL - Rajasthan High Court Directs State to Properly Implement 'Jyoti Yojna' Scheme
Thu, 15 Feb 2024 11:22:27 IST

Rajasthan HC through writ of Mandamus has directed State to provide the benefits of the Jyoti Yojna Scheme to every woman who has voluntarily undergone a sterilisation operation after giving birth and since the same was originally intended to empower the females, it must be implemented effectively.

CRIMINAL - All. HC: Can't Challenge Orders u/s 482 CrPC if Appeal Lies Under Section 14A of the SC/ST Act, 1989
Wed, 14 Feb 2024 15:12:18 IST

Allahabad High Court has held that in cases where an appeal against an order would lie under Section 14A of SC/ST (Prevention of Atrocities) Act, 1989, the aggrieved person can't invoke inherent jurisdiction of High Court under Section 482 of Code of Criminal Procedure (CrPC) to challenge the order.

CRIMINAL - MP HC: Contempt Notice Served by Husband's Father, Lawyer at Wife's House Not Criminal Trespass
Wed, 14 Feb 2024 15:12:09 IST

MP HC has held that father-in-law serving the notice directly at the house of the daughter-in-law can't be said to have been tainted with any mala fide intention, especially when he was accompanied by his lawyer.

INSOLVENCY - SC: Adj. Authority Has Power to Recall Order Approving RP Which Isn't Submitted As Per IBC
Wed, 14 Feb 2024 11:07:44 IST

Supreme Court has held that National Company Law Tribunal has the power under Insolvency and Bankruptcy Code, 2016 (IBC) to recall its order approving the resolution plan (RP) if it is not submitted as per the direction of the Code.

SERVICE - SC: P&H HC's 50% Minimum Mark Criteria in Interviews For Promotion As District Judges Upheld
Wed, 14 Feb 2024 11:07:31 IST

Supreme Court has upheld the criteria set by Punjab and Haryana High Court (P&H HC) which requires the judicial officers to secure a minimum of 50% marks in the interviews for seeking promotion to the post of District Judges.

FAMILY - All. HC: Permission Granted to Woman to Adopt Child Despite Having 4 Biological Children
Wed, 14 Feb 2024 11:07:18 IST

Allahabad High Court has allowed a woman who has four biological children to adopt a child, despite a legal bar under Adoption Regulations 2022 that has been notified by the Centre in the exercise of powers under Section 68(c) of the Juvenile Justice (Care and Protection of Children) Act, 2015.

INSOLVENCY - SC: Cannot Overlook Claim Submitted With Proof Only Because Its Submission is in Wrong Form
Tue, 13 Feb 2024 15:17:31 IST

Supreme Court has observed that claim submitted by the Resolution Applicant under the Corporate Insolvency Resolution Process cannot be rejected or overlooked merely on the ground that the claim submitted is not in the form in which it needs to be submitted.

CRIMINAL - Cal. HC: Filling Gaps in Prosecution Case By Invoking Section 53A of CrPC Offends Article 21 of COI
Tue, 13 Feb 2024 15:17:21 IST

Calcutta High Court has held that filling up gaps in the prosecution case by invoking Section 53A of the Code of Criminal Procedure, 1973 (CrPC) for DNA profiling would offend Article 21 of the Constitution of India (COI).

SERVICE - Raj. HC: Officials Can Be Ind. Proceeded Against Even If Charges Not Confirmed After GCM Proceedings
Tue, 13 Feb 2024 15:17:08 IST

Rajasthan High Court has held that if certain charges are not confirmed after General Court-Martial (GCM) proceedings, the Chief of Army Staff and other officers are vested with the power to proceed independently against the offending official for termination of services.

CRIMINAL - Telangana High Court: Members Without Legal Experience Can Form Part of Adjudicating Authority
Tue, 13 Feb 2024 15:16:57 IST

Telangana High Court has held that the 'adjudicating authority' constituted under Section 6 of the Prevention of Money Laundering Act, 2002 (PMLA) can be a body consisting of a single individual who need not have experience in the field of law.

ELECTION - SC: Adequate Measures Available For Voters in Event of Error/Deletion of Names From Voter's List
Tue, 13 Feb 2024 11:06:17 IST

Supreme Court while closing proceedings related to duplication of names in electoral rolls, has held that there exist adequate measures for the aggrieved voters to approach the Registration Officer in case there is any error or deletion of their names in the voters' list.

GOODS AND SERVICES TAX - Delhi High Court: Department Directed to Consider ITC Refund in Light of Circular Issued by CBIC
Tue, 13 Feb 2024 11:06:04 IST

Delhi High Court has directed the department to consider refund of Input Tax Credit (ITC) in light of circular issued by Central Board of Indirect Taxes and Customs (CBIC) extending the benefit of the exclusion period.

INSURANCE - MP High Court: Expression 'Lower' Encompasses Punishment to Minimum/Lowest Pay Scale to Employee
Tue, 13 Feb 2024 11:05:53 IST

Madhya Pradesh High Court has held that the expression 'lower' grade/post given under Clause 39(1)(d) of LIC Staff Regulation, 1960 includes within itself punishment to the lowest/minimum grade or post.

CRIMINAL - SC: Advising Partner to Marry Someone Else Not Abetment to Suicide Under Section 306 IPC
Mon, 12 Feb 2024 14:59:42 IST

Supreme Court has observed that merely advising partner to marry someone else on the advice of parents shall not amount to abetment of suicide and will not attract the provisions of Section 306 of Indian Penal Code (IPC).

ADMINISTRATIVE - Supreme Court: Position of Deputy Chief Minister Merely A Label, Appointment Not Unconstitutional
Mon, 12 Feb 2024 14:59:32 IST

SC while dismissing a PIL challenging the appointment of Deputy Chief Ministers, has held that a Deputy Chief Minister is first a minister in the government of the states and the post is only a label, hence the title of a Deputy Chief Minister does not breach the constitutional position.

LAW OF MEDICINE - Bom. HC: Reproductive Health An Important Aspect of Personal Liberty Under Article 21 COI
Mon, 12 Feb 2024 14:59:21 IST

Bombay HC while observing that reproductive health is a facet of personal liberty under Article 21 of the Constitution of India (COI), has allowed two women to undergo surrogacy using donor gametes which is otherwise prohibited under an amendment made to Surrogacy (Regulation) Rules, 2022 in 2023.

CRIMINAL - Delhi High Court: Chargesheet Not to Be Invalidated For Absence of Documents Relied in it
Mon, 12 Feb 2024 11:12:26 IST

Delhi High Court while observing that although a chargesheet should be accompanied with all the documents relied on by the party, has held that if on some reasonable grounds, a party has not filed documents along with the chargesheet, it shall not invalidate the chargesheet.

FAMILY - Madras HC: Participation in Funeral of Immediate Family Member Part of Article 25 of Constitution
Mon, 12 Feb 2024 11:12:13 IST

Madras High Court while paving way for an undertrial to attend his father's funeral, has held that right to attend funeral of the parent/spouse/child falls within the ambit of Article 25 of the Constitution of India.

GOODS AND SERVICES TAX - Tel. HC: GST to Be Paid on Land Development Rights Transferred Under Joint Development Agreement
Mon, 12 Feb 2024 11:12:01 IST

Telangana High Court has held that Goods and Service Tax (GST) is to be paid on the transfer of land development rights under a joint development agreement.

CIVIL - Supreme Court Asks Its Registry to Not Refer Trial Courts As Lower Courts
Mon, 12 Feb 2024 11:11:49 IST

Supreme Court has asked its registry to not use the term 'Lower Courts' for 'Trial Courts' and has further added that even the record of the Trial Court should not be referred to as Lower Court Record.

ENVIRONMENT - Delhi High Court: Right to Heritage And Culture to Be Harmonised With Right to Health And Breathe
Fri, 09 Feb 2024 15:10:31 IST

Delhi HC while hearing a plea to halt alleged demolition in Mehrauli and Sanjay Van, has observed that right to health and breathe and the right to heritage and culture have to be harmonised. Efforts must be made to ensure that no illegal and unauthorised construction is carried out on public land.

CIVIL - Andhra Pradesh HC: Substantial Questions of Law Can't Be Created By Contradicting Initial Position
Fri, 09 Feb 2024 15:10:19 IST

Andhra Pradesh High Court while dismissing a second appeal, has held that a second appeal filed by taking a contradictory stand to the initial stand by parties in order to create substantial question of law cannot be allowed.

DIRECT TAXATION - Bom. HC: Recourse of Reopening Assessment to Remedy Error Occurred By AO Cannot be Allowed to Him
Fri, 09 Feb 2024 15:10:08 IST

Bombay High Court has held that the Assessing Officer (AO) cannot be allowed to take recourse of re-opening the assessment to remedy the error resulting from his oversight in the assessment proceeding.

ARBITRATION - Bom HC: Arb. Clause Can't be Invoked By Individuals/Minorities Of Housing Society In Dev. Agreement
Fri, 09 Feb 2024 15:09:52 IST

Bombay High Court has held that individual/minority members of society cannot invoke arbitration clauses in development agreements against developer because when a society enters into a development agreement, society speaks for its members and members lose their independent rights qua the society.

SERVICE - Calcutta HC: Teachers Can't Seek Re-Fixation of Salary In Absence of Any Rules For Re-Fixation
Fri, 09 Feb 2024 15:09:39 IST

Calcutta High Court has held that in absence of any rules for re-fixation of salary, teachers in West Bengal cannot seek re-fixation of salary on the ground of having attained higher educational qualifications during the course of their employment.

CONSTITUTION - Water (Prevention and Control of Pollution) Amendment Bill, 2024 Gets Cleared by Parliament
Fri, 09 Feb 2024 11:29:39 IST

Parliament on 08.02.2024 passed the Water (Prevention and Control of Pollution) Amendment Bill, 2024 which amends that Water (Prevention and Control of Pollution) Act, 1974. The Bill aims at decriminalizing several minor violations related to water pollution and instead provide for penalties.

CIVIL - SC Uphelds Rule That Allows CA's Discipline Board to Refer Matter to Disciplinary Committee
Fri, 09 Feb 2024 11:29:28 IST

SC has upheld a rule under Chartered Accountants' (Procedure of Investigation of Professional and Other Misconduct and Conduct of Cases) Rules, 2007 which allows Discipline Board to refer complaint for misconduct to the Disciplinary Committee despite Director's opinion that accused is not guilty.

CRIMINAL - Supreme Court: Petition Against 2013 Judgment Infructuous Since Homosexuality Decriminalised
Fri, 09 Feb 2024 11:29:17 IST

Supreme Court has held that the curative petition filed against the judgement of 2013 which upheld Section 377 of the Indian Penal Code, 1860 that criminalised homosexuality has become infructuous since the judgement of 2018 has decriminalised homosexuality.

ELECTION - SC: Panchayat Members in Mah. to Produce Caste Certificate In 12 Months to Avoid Disqualification
Fri, 09 Feb 2024 11:29:06 IST

Supreme Court has held that Panchayat members in Maharashtra, who have been elected from seats reserved for the SC/OBC Class have to produce Validity Certificate regarding their Caste Certificate within 12 months from the date of election in order to avoid disqualification.

CRIMINAL - Supreme Court: Under Unlawful Activities (Prevention) Act, 1967 Jail is Rule and Bail is Exception
Fri, 09 Feb 2024 11:28:55 IST

Supreme Court while observing that under Unlawful Activities (Prevention) Act, 1967 jail is the rule and bail is exception has denied bail to a man on the ground that mere delay in trial is no ground to grant bail in grave offences.

CIVIL - Standing Committee's Recom. to Establish Regional Benches of SC Gets Accepted by Law Ministry
Fri, 09 Feb 2024 11:28:44 IST

The Central Law Ministry has accepted the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice's recommendation to establish regional benches of the Supreme Court throughout India and to publish annual reports of all High Courts and the Supreme Court.

INTELLECTUAL PROPERTY RIGHTS - Del. HC: Claim of Product-By-Process Has to Be Examined On Anvil of New And Unobvious Product
Thu, 08 Feb 2024 15:06:23 IST

Delhi High Court has ruled that product-by-process claim under the Patents Act, 1970 will have to be examined necessarily on the anvil of a "new and unobvious product", irrespective of the applicant having chosen to describe the invention by referring to a process of manufacture.

CRIMINAL - Del. HC Refuses to Direct Trial Courts in National Capital to Issue Notice At Pre-Trial Stage
Thu, 08 Feb 2024 15:06:09 IST

Delhi HC while refusing to direct trial courts in the national capital to compulsorily issue notice to the complainant or victim in a criminal case at pre-trial stage, has observed that such direction is likely to result in delays in trial and is likely to defeat the objective of expeditious trials.

CIVIL - Parliamentary Committee: Lawyers Must Appear in Atleast 1 Pro Bono Case A Year to Access Relief Fund
Thu, 08 Feb 2024 15:05:57 IST

Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice has proposed that the Bar Council of India should make it mandatory for every lawyer to atleast participate in one pro bono case annually in order to qualify for relief funds from the All India/State Bar Council.

GOODS AND SERVICES TAX - Cal. HC: Bill Generated For Exporting Goods Expired Due to Accident, 200% Penalty Quashed
Thu, 08 Feb 2024 15:05:45 IST

Calcutta HC while quashing 200% penalty has observed that unless department establishes that transporter or owner of goods had an intention to violate provisions of the West Bengal Goods and Services Tax Act, 2017, the question of imposing penalty under Section 129 of the Act would not be justified.

CRIMINAL - Ker. HC: Accused's Right to Fair Trial Affected If Plea of Guilt Extends to Altered Charges
Thu, 08 Feb 2024 15:05:31 IST

Kerala High Court has held that if an accused pleads guilty to a particular offence then the plea of guilt shall not extend to new offences invoked upon alteration of charge.

CRIMINAL - Supreme Court Declines to Interfere With Madras HC Direction to Conduct Murder Trial Inside Jail
Thu, 08 Feb 2024 11:11:44 IST

Supreme Court while refusing to interfere with Madras High Court's Direction to Conduct Murder Trial Inside Jail has held that while CrPC and CPC provide procedural frameworks, judiciary retains authority to adopt appropriate measures to ensure just and equitable trial process.

SERVICE - Supreme Court: Two Promotions to Be Granted to Employee in Post Without Any Promotion Avenues
Thu, 08 Feb 2024 11:11:32 IST

Supreme Court while affirming the decision of High Court has directed the State to provide two promotions to an employee on completion of 12 years and 24 years in service, in the absence of any promotion avenues for the post.

PROPERTY - Supreme Court Elaborates the Difference Between 'Land' and 'Immovable Property'
Thu, 08 Feb 2024 11:11:20 IST

Supreme Court has stated that if provisions of the Punjab Pre-Emption Act, 1913 are read it is abundantly clear that the land and the immovable property are two different terms. The immovable property is more than the land on which certain construction has been made.

CONSTITUTION - Uttarakhand Becomes The First State to Pass The Uniform Civil Code Bill
Thu, 08 Feb 2024 11:11:08 IST

The Uttarakhand State Legislative Assembly on 07.02.2024 passed the Uniform Civil Code, Uttarakhand, 2024 Bill and with this Uttarakhand becomes the first state in the country to pass the Uniform Civil Code Bill.

SERVICE TAX - CESTAT: Service Tax Not Applicable on Service For Electricity Transmission By GETCO
Thu, 08 Feb 2024 11:10:56 IST

Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) Ahmedabad Bench has held that service tax is not applicable for the erection of bays, substations, and transmission lines provided by Gujarat Energy Transmission Corporation Limited (GETCO) to service recipients.

CRIMINAL - SC: Common Intention Not to Be Inferred Merely on the Basis of Presence of Accused Near Crime Scene
Wed, 07 Feb 2024 15:37:18 IST

SC while observing that there wasn't oral or documentary evidence to attribute accused with common intention of murder has held that inference was drawn mechanically u/s 34 of Indian Penal Code, 1860 merely basing on his presence near scene of offence and his familial relations with other accused.

CIVIL - Supreme Court: It Is For the State As Custodian to Assess If Tree-Felling Is Required or Not
Wed, 07 Feb 2024 15:37:06 IST

Supreme Court has conveyed its displeasure at private parties seeking permission to fell trees for industrial projects without first approaching the custodian of subject land and/or providing a concrete plan for compensatory afforestation.

CYBER LAWS - Bombay High Court: Centre Should Consider Not Notifying Fact Check Unit Until Third Judge's Decision
Wed, 07 Feb 2024 15:36:56 IST

Bombay High Court has prompted the Central Government to continue its statement against notifying its proposed Fact Check Unit until the challenge to the 2023 amendment made in the IT Rules is decided by a third judge and the judgement is pronounced.

SERVICE - Kerala HC: Employment Not to Be Denied For A Disease Unless it Impacts Capacity to Perform Duties
Wed, 07 Feb 2024 15:36:46 IST

Kerala High Court has held that there cannot be a denial of employment merely by stating that a candidate has a disease, without finding that it would impact his capacity to perform functional duties or responsibilities.

CRIMINAL - SC: Suspend Sentence Normally When Appeal Unlikely to Be Heard Before Completion of Sentence
Wed, 07 Feb 2024 11:16:59 IST

Supreme Court has restated that Courts should generally suspend sentences and grant bail in cases where an appeal challenging the conviction is unlikely to be heard before the completion of the entire sentence.

CUSTOMS - Supreme Court: Delay in Return of The 'Duty Drawback' Entitles Claimant to Interest
Wed, 07 Feb 2024 11:16:47 IST

Supreme Court has observed that if there is any delay in refund of the 'duty drawback' to the claimant under the Customs Act, 1962 , then the claimant would be entitled to interest in addition to the amount of drawback, at the rate fixed by Central Government.

FAMILY - Utt. UCC Bill: Mandatory to Register Live-In Relationship Within 1 Month Of Entering Into It
Wed, 07 Feb 2024 11:16:36 IST

Uttarakhand's Uniform Civil Code Bill (UCC Bill) tabled during the special session proposed the mandatory registration of live-in relationships within 1 month of entering into such relationship. Failing to do so prescribes punishment of 3 months of maximum imprisonment or a fine up ?10,000 or both.

ELECTION - Election Commission Recognizes Ajit Pawar Faction As The Official Nationalist Congress Party
Wed, 07 Feb 2024 11:16:25 IST

Election Commission of India while recognizing the Ajit Pawar faction as the official Nationalist Congress Party has held that Ajit Pawar faction will be entitled to use the "clock" symbol, which is the reserved symbol for the NCP faction.

LAW OF EVIDENCE - SC: Ocular Evidence Can't be Discredited Merely Because of Mismatch With Doctor's Evidence
Tue, 06 Feb 2024 15:16:28 IST

Supreme Court while upholding the conviction in a murder case has observed that the ocular evidence given by the eye witness cannot be discredited merely because the expert opinion supplied by the doctor has suggested the usage of different weapons in causing injury.

LAW OF MEDICINE - Delhi HC Rejects Twenty Year Old's Plea For Medical Termination of Twenty Eight Week Pregnancy
Tue, 06 Feb 2024 15:16:16 IST

Delhi High Court while dismissing a plea moved by a 20-year-old unmarried woman seeking medical termination of her pregnancy of 28 weeks has observed that there was neither congenital abnormality in the foetus nor any danger to the woman to carry on with the pregnancy.

EDUCATION - MP HC: Reg. Mandating Students to Opt Same Subjects in Classes XI & XII Has No Retrospective Appl.
Tue, 06 Feb 2024 15:16:02 IST

Madhya Pradesh High Court while allowing a student to appear for examinations in the Biology stream of Class XII instead of Mathematics has held that Madhya Pradesh Board of Secondary Education's Circular mandating the opting of the same stream in Class XI and XII has no retrospective application.

CRIMINAL - Delhi HC: Every Retweet of Defamatory Content on Social Media Amounts to Defamation u/s 499 IPC
Tue, 06 Feb 2024 11:51:32 IST

Delhi HC while ruling that every retweet of defamatory content on social media would amount to "publication" for attracting the offence of defamation under Section 499 of the Indian Penal Code (IPC) 1860, has held that the aggrieved person can decide which retweet caused more harm to his reputation.

SERVICE - Mad HC: Lawyers Enlisted by Banks Don't Hold Civil Post; Not Entitled to Reservation Under Art. 16
Tue, 06 Feb 2024 11:51:20 IST

Madras High Court has held that the lawyers who are empanelled by the banks to represent them in cases do not hold a civil post and thus, the law of reservation provided under Article 16 of the Constitution of India will not be attracted during their appointment.

CRIMINAL - Ori. HC: Evidence From 'Microscopic Hair Comparison' Can't be the Sole Ground For Murder Conviction
Tue, 06 Feb 2024 11:51:09 IST

Orissa High Court has held that the evidence adduced from the 'microscopic hair comparison' cannot be solely used to record a conviction for murder against an accused person.

CRIMINAL - SC: HC Can Examine If Offence is Made Out, Even If, CS Filed During Pendency of Quashing Petition
Mon, 05 Feb 2024 16:02:34 IST

Supreme Court has observed that if the charge sheet (CS) is filed against the accused during the pendency of the petition for quashing of the First Information Report, High Court can still examine if offences alleged to have been committed were prima facie made out or not.

CIVIL - All. HC: Notice Given to Municipality Not Mandatory if it Will Defeat Purpose of Injunction Suit
Mon, 05 Feb 2024 16:02:22 IST

Allahabad High Court has upheld rejection of an application under Order 7 Rule 11 of Code of Civil Procedure, 1908 on grounds that notice under Section 326 of the U.P. Municipalities Act, 1916 is not mandatory if it will defeat the purpose of the injunction suit.

CRIMINAL - Kerala High Court: Advocate Not to be Arrested Without Giving Notice of Appearance U/S 41A CrPC
Mon, 05 Feb 2024 16:02:11 IST

Kerala High Court has directed that the Advocate who allegedly committed sexual harassment of a woman client, cannot be arrested without issuance of notice of appearance under Section 41 A CrPC (Code of Criminal Procedure).

GOODS AND SERVICES TAX - Mad. HC: Refund Claim to Be Examined on Basis of Documents of Availment of ITC & Export of Products
Mon, 05 Feb 2024 16:01:59 IST

Madras High Court has held that refund claim has to be examined and determined on the basis of documents pertaining to the availing of Input Tax Credit (ITC) as well as the export of products on a zero-rated basis.

SERVICE - Rajasthan HC: RCSAT Can't Entertain Service Matter Appeal of Contractual Employee of RFC
Mon, 05 Feb 2024 16:01:48 IST

Rajasthan High Court observed that the Rajasthan Civil Services Appellate Tribunal (RCSAT) does not have jurisdiction to hear an appeal affecting services arising out of any service matter of an employee of Rajasthan Financial Corporation (RFC).

BANKING - Supreme Court: Valid Provision Not to be 'Read Down' Just Because it Imposes Harsher Consequences
Mon, 05 Feb 2024 11:54:42 IST

Supreme Court has observed that if reading of a clause fulfills the object and purpose of the statute, then the rule of 'Reading Down' the clause would not apply just because the clause imposes harsher consequences.

FAMILY - Del HC: Not More Than 3 Months Jail to be Given in Execution Petition for Recovery of Maintenance
Mon, 05 Feb 2024 11:54:29 IST

Delhi High Court has held that a person cannot be sent to jail for more than three months, in case of non-payment of arrears of maintenance to the spouse, in the subsequent execution petitions filed for recovery of maintenance.

FAMILY - Del. HC: Adulterous Relationship of Spouse Cannot be the Sole Ground of Denying Custody of Child
Mon, 05 Feb 2024 11:54:18 IST

Delhi High Court has held that an adulterous relationship of either spouse cannot be the sole determining factor to deny custody of a child, unless it is proved that such relationship is having a harmful effect on the child or is detrimental to the minor's welfare.

FAMILY - Del. HC: Pressurising Husband to Fulfill Dreams Not Within His Financial Reach Amounts to Cruelty
Mon, 05 Feb 2024 11:54:04 IST

Del. HC while upholding divorce on grounds of cruelty by wife has held that pressurising the husband to fulfill "distant and whimsical dreams" not within his financial reach may create a sense of persistent dissatisfaction which would be sufficient mental strain to lose contentment in married life.

PROPERTY - Law Commission Releases Report - Revisiting the Law on Prevention of Damage to Public Property
Mon, 05 Feb 2024 11:53:51 IST

The 22nd Law Commission has released a suo-motu Report titled "Revisiting the Law on Prevention of Damage to Public Property" that recommends amendments in the Prevention of Damage to Public Property Act, 1984.

CIVIL - Del. HC: Auth. Asking for OBC-NCL Certificate Should Keep Cut-Off Date of Issuance In Line With FY
Mon, 05 Feb 2024 11:53:40 IST

Delhi HC observed that authority asking for Other Backward Classes (OBC)-Non Creamy Layer (NCL) certificate should keep the cut-off date of its issuance in line with a particular financial year (FY) as deviation creates confusion and deprives deserving candidates of reservation benefit.

CRIMINAL - Bom HC: Merely Touching Penis to Private Part of Child Doesn't Constitute Penetrative Sexual Assault
Mon, 05 Feb 2024 11:53:29 IST

Bombay High Court while reducing the sentence of the convicts held that the mere touching of the child's vagina with accused's penis would not constitute penetrative sexual assault under Sections 4 & 6 of the Protection of Children from Sexual Offences (POCSO) Act.

PROPERTY - Del. HC: Property to be Returned if PMLA Probe Extends Beyond 365 Days Not Resulting in Any Procd.
Fri, 02 Feb 2024 15:22:52 IST

Delhi High Court has held that where investigation under Prevention of Money-Laundering Act, 2002 (PMLA) extends beyond 365 days and does not result in any proceedings relating to any offence , the seizure of property will lapse and it must be returned to the person from whom it was so seized.

FAMILY - All. HC: Interfaith Marriage Not Valid Without Compliance of Sections 8 and 9 of UP PUCR Act 2021
Fri, 02 Feb 2024 15:22:41 IST

Allahabad High Court has held that sanctity could not be attached to an interfaith/inter-religious marriage which has been performed without the compliance of Sections 8 and 9 of the UP Prohibition of Unlawful Conversion of Religion Act 2021 (UP PUCR Act).

CIVIL - CIVIL MP HC: WS Filed After 120 Days Not Permissible, Summer Vacations Not 'Extraordinary Circumstanc
Fri, 02 Feb 2024 15:22:30 IST

Madhya Pradesh High Court has held that a written statement (WS) filed after the lapse of 120 days since the service of summons cannot be permitted to be taken on records on ground of 'summer vacations' as routine summer vacations cannot be treated as extraordinary situation/circumstance.

CRIMINAL - Cal. HC: Maint. Provisions in CrPC are Welfare Provisions, Not to be Proved Beyond Reasonable Doubt
Fri, 02 Feb 2024 15:22:17 IST

Calcutta High Court has recently held that the provisions for maintenance under Section 125 of Code of Criminal Procedure (CrPC) are welfare legislations and that they need not be proven beyond reasonable doubt as their criminal law counterparts.

EDUCATION - SC Approves UOI's Scheme Allowing Resignation of Only Those NEET Candidates Who Have Joined INIs
Fri, 02 Feb 2024 11:19:11 IST

Supreme Court has approved a proposal brought forth by Union of India (UOI) to allow only those candidates to resign from National Eligibility Cum Entrance Exam (NEET) seats who had joined Institutes of National Importance (INIs) post counseling conducted by AIIMS, Delhi.

LAW OF MEDICINE - Delhi HC Directs Centre to Frame Guidelines on Living Organ or Tissue Donations by Minors
Fri, 02 Feb 2024 11:18:59 IST

Delhi High Court has directed the Union Government to frame guidelines for reference of the appropriate authority and the State Governments while considering an application for living organ or tissue donations by minors.

SERVICE - Bombay High Court: Penalty of Reduction in Pay Scale Not to Extend Beyond Period of Employment
Fri, 02 Feb 2024 11:18:46 IST

Bombay High Court has observed that the effect of reduction in pay scale of a state government servant, as a form of penalty, does not extend beyond the period of employment and impact post-retirement benefits.

CRIMINAL - SC: Accused Should be Summoned Only After Recording Satisfaction About Sufficient Grounds To Proceed
Thu, 01 Feb 2024 15:29:32 IST

Supreme Court has observed that a Magistrate while issuing the summoning order should not act in a casual manner, rather they should be satisfied that there exists a sufficient ground for proceedings against the accused.

CRIMINAL - Mad. HC: Continuing Trial Without Identifying Accused Causes Embarrassment & Vilification of Victim
Thu, 01 Feb 2024 15:29:21 IST

Madras High Court while quashing a sexual harassment case has held that since the accused person had not been identified for 3 years, continuing the proceedings would be a mockery upon womanhood and bring further embarrassment to the woman who would be put to mental agony.

FAMILY - MP HC: Promises Not Complied With by Husband in Agreement To Live Separately Entitles Wife to Maint.
Thu, 01 Feb 2024 15:29:11 IST

Madhya Pradesh High Court has held that when the husband has taken a step back from the promises made in the agreement to live separately, then it can't be said that the wife is living separately by mutual consent and shall be entitled to maintenance.

Thu, 01 Feb 2024 13:53:01 IST

1. Disputed Tax demands of upto Rs. 25000 prior to FY 2010-2011 stands withdrawn. 2. Disputed Tax demands between Rs. 10000 and Rs. Rs. 25000 for FY 2010-15 stands withdrawn

Thu, 01 Feb 2024 13:52:49 IST

1. Tax Rates to be retained for direct and indirect taxes including import duties. 2. Exemption granted to some IFSC units, that was expiring on March 31, 2024, is extended till March 31, 2025. 3. Some outstanding Direct Tax demands related to previous years is withdrawn

CONTEMPT OF COURT - Supreme Court: Contempt Proceedings Should be Initiated Against Party Violating Status Quo Order
Thu, 01 Feb 2024 11:17:33 IST

Supreme Court has held that where the status quo order was wilfully violated by any party then instead of vacating the stay of execution proceedings, contempt proceedings should be initiated against the same.

EDUCATION - SC Stays Allahabad HC Order Mandating Court Approval For Setting Up Educational Tribunals in UP
Thu, 01 Feb 2024 11:17:23 IST

SC while staying Allahabad HC order stipulating that the Uttar Pradesh Educational Service Tribunals should be established only after the permission of High Court has held that the HC order encroached upon the area reserved for legislature and executive and such order could not have been passed.

CRIMINAL - SC: Offence of Rape Made Out if Consent of Woman Based on False Promise of Marriage From Inception
Thu, 01 Feb 2024 11:17:13 IST

Supreme Court has held that to sustain the offence of rape on the ground of false promise of marriage, it must be established that right from the inception, the consent was obtained on the basis of the false promise.

CYBER LAWS - Bombay HC Delivers Split Verdict on Plea Challenging IT Rules Amendment
Thu, 01 Feb 2024 11:17:02 IST

Bombay High Court has delivered a split verdict on the pleas seeking to strike down Rules 3(i)(II)(A) & (C) of the IT Amendment Rules, 2023. While Justice Gautam Patel ruled in favour of the petitioners, Justice Neela Gokhale has upheld the amendment.

CYBER LAWS - Del. HC: Order For Pre-Censorship of Content Against Rohingya Community on Facebook Can't be Allowed
Thu, 01 Feb 2024 11:16:51 IST

Del. HC while refusing to pass an order directing Centre to restrain Facebook from allegedly promoting hateful and harmful content against Rohingya community, has held that the suggestion of prior censorship of publication is an example of a treatment that is worse than the disease.

SERVICE - All. HC Directs Reinstatement as Enormity of Charges Doesn't License Employer to Jump to Conclusion
Wed, 31 Jan 2024 15:36:56 IST

Allahabad High Court while directing the reinstatement of the employee has held that the seriousness or enormity of the charge does not license the employer to jump to conclusions.

MINES AND MINERALS - Mad. HC: Magistrate Court Competent to Take Cognizance of Offence under MMDR Act
Wed, 31 Jan 2024 15:36:45 IST

Madras High Court has observed that the Magistrate Court is competent to initiate confiscation proceedings and issue directions for disposal of seized materials with respect to the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act).

SERVICE - Telangana HC: Altering Date of Birth in Service Records Not Permitted Under Public Employment Rules
Wed, 31 Jan 2024 15:36:34 IST

Tel HC has held that AP Public Employment (Recording and Alteration of Date of Birth) Rules, 1984 do not permit for alteration of the DOB entered in the service records. The entries made by the employee are final and binding and the employee is estopped from disputing the correctness of the DOB.

CRIMINAL - Supreme Court: Party Not Diligent at Trial Can't Seek to Produce Additional Evidence in Appeal
Wed, 31 Jan 2024 11:19:07 IST

Supreme Court while observing that the power to record additional evidence at the appellate stage should not be exercised in a routine and casual manner, has held that a party who was not diligent in producing evidence at the trial stage of a criminal case cannot seek to produce the same in appeal.

CRIMINAL - Supreme Court Quashes Defamation Case Against Newspaper, States it as 'Published in Good Faith'
Wed, 31 Jan 2024 11:18:56 IST

SC while quashing a criminal defamation case against the owner of a newspaper over an article, has held that the news article in question was published in good faith and in exercise of Fundamental Right of Freedom of Speech and Expression enshrined under Article 19(1)(a) of Constitution of India.

CRIMINAL - Allahabad HC: Convicts or Persons Under Trial Have a Right to Get Adequate Medical Treatment
Wed, 31 Jan 2024 11:18:44 IST

All. HC while granting bail to an accused held that health concern of person in custody has to be taken care of by State and is to be keenly watched and evaluated by judiciary. Every person has right to get himself adequately and effectively medically treated even if he is under trial or a convict.

CRIMINAL - SC: Conviction under SC/ST Act Can't Sustain if Offence u/s 3(1)(xi) Not Committed on Caste Basis
Tue, 30 Jan 2024 15:18:24 IST

Supreme Court has held that the conviction for the offence punishable under Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) cannot be sustained if the act of outraging the modesty of a woman was not committed on the ground of caste.

BANKING - SC: Certifed Copy of Specimen Sign Can Be Procured From Bank if Sign on Cheque Disputed by Accused
Tue, 30 Jan 2024 15:18:13 IST

Supreme Court has held that in a complaint under Section 138 of Negotiable Instruments Act, 1881 if accused is disputing the signature on cheque, then the certified copies of the signatures can be procured from the bank to compare the same with the signature appearing on the cheque.

CRIMINAL - Bom. HC: Touching Penis to Victim's Private Part Constitutes Penetrative Sexual Assault under POCSO
Tue, 30 Jan 2024 15:18:02 IST

Bombay High Court while denying bail to accused has held that mere touching the penis to the victim's vagina with sexual intent constitutes the offence of penetrative sexual assault on a minor under Section 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO).

EDUCATION - All. HC: When Enquiry Being Held Against Large Number of Persons, Individual Enquiry Not Necessary
Tue, 30 Jan 2024 15:17:51 IST

Allahabad High Court has held that when enquiry proceedings are being held against large number of persons, it is not always necessary to hold a detailed enquiry against every individual involved.

PROPERTY - Kar. HC: Licensee Can't be Evicted by Municipality On Expiry Of License without Judicial Order
Tue, 30 Jan 2024 15:17:41 IST

Kar. HC has held that on expiry of Lease/License executed by Municipal Corporation, Lessee/Licensee cannot be forcibly evicted by such Corporation and is required to follow the procedure prescribed under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 or Transfer of Property Act.

CRIMINAL - Supreme Court: Non-Appearance of Accused is Not a Ground to Cancel Bail
Tue, 30 Jan 2024 11:33:14 IST

SC while explaining the grounds for cancellation of bail has observed that bail may be cancelled, if it is found that the person who has been granted the bail has violated any condition or misused the liberty. However, non-appearance of accused before court is no ground for cancellation of bail.

CIVIL - Supreme Court: Mentioning Caste or Religion of Parties in the Memo of Parties Must be Ceased
Tue, 30 Jan 2024 11:33:03 IST

Supreme Court while passing a general order has directed that the caste or religion of parties shall not be mentioned in the memo of parties of a petition/proceeding filed before the Courts.

CRIMINAL - SC: Giving Police Liberty to Seek Remand While Granting Anticipatory Bail Defeats Objective of Bail
Tue, 30 Jan 2024 11:32:51 IST

SC while expressing surprise at practice followed by Courts in Gujarat of giving police liberty to seek remand of accused even while granting anticipatory bail has remarked that such a practice would defeat the objective of granting anticipatory bail, nullifying the guarantee of personal liberty.

CIVIL - SC Recalls its Order for Relocation of Liquor Shop, Passed by Wrongly Apply Highway Distance Rule
Tue, 30 Jan 2024 11:32:39 IST

SC while noticing that it had wrongly applied a precedent while ordering the relocation of a liquor shop in Municipal Area to an area beyond 500 meters from a temple, mosque or an educational institution, has recalled its order and observed that the Rule is applicable to National and State Highways.

EDUCATION - Delhi HC: Unfilled EWS or DG Vacancies Carried Forward in Subsequent Year Doesn't Violate RTE Act
Tue, 30 Jan 2024 11:32:26 IST

Delhi High Court has held that that carrying forward of unfilled Economically Weaker Section (EWS) or Disadvantaged Groups (DG) vacancies by a school to next class in subsequent year does not infract or violate the Right to Education Act, 2009 (RTE) or any other legal provision.

GOODS AND SERVICES TAX - Delhi HC: Anti-Profiteering Provisions Under CGST Act Upheld Since They Promote Consumer Welfare
Tue, 30 Jan 2024 11:32:12 IST

Delhi HC while upholding the provisions concerning anti-profiteering measure & establishment of National Anti-Profiteering Authority under the Central Good and Services Tax Act, 2017(CGST) and its Rules has observed that they are in nature of beneficial legislation as they promote consumer welfare.

FAMILY - All HC:Husband Duty Bound to Maintain Wife Despite Lack of Income as He Can Earn as Unskilled Labour
Mon, 29 Jan 2024 15:38:02 IST

Allahabad High Court has held that a husband is duty-bound to provide maintenance to his wife under Section 125 Code of Criminal Procedure, even if, he has no income from his job as he may earn Rs. 350-400 per day as an unskilled labour.

CONSTITUTION - Allahabad High Court: Medical Grant A Fundamental Right Under Article 21 of Constitution of India
Mon, 29 Jan 2024 15:37:51 IST

Allahabad High Court while directing the State to pay additional compensation to mother-son duo who suffered acid attack injuries, has held that medical grant is a part of fundamental right under Article 21 of the Constitution of India.

CIVIL - Raj HC: Lok Adalat Doesn't Have Jurisdiction to Adjudicate Disputes of Mobile Tower Installation
Mon, 29 Jan 2024 15:37:40 IST

Rajasthan High Court has held that Permanent Lok Adalat has no jurisdiction to adjudicate matters related to Installation of Mobile Towers as the same is not covered by the definition of 'public utility service' under Section 22A(b) of the Legal Services Authorities Act, 1987.

SERVICE - All HC: Hiding Criminal History Valid Reason For Cancellation of Candidature/Termination of Service
Mon, 29 Jan 2024 15:37:29 IST

Allahabad High Court has held that suppression of information about conviction/acquittal or arrest by an individual seeking employment can lead to cancellation of candidature or termination from service.

LIMITATION - All. HC: Commercial Tax Tribunal's Order Upheld, Court Condones 1365 Days Delay on Sufficient Cause
Mon, 29 Jan 2024 15:37:18 IST

Allahabad High Court while upholding the condonation of delay of 1365 days by the Commercial Tax Tribunal in filing of appeal has held that it is the discretion of the Court to condone delay. The delay can be very small but unjustified, and very long but condonable due to satisfactory explanation.

CRIMINAL - Ori HC: No Bar Against Anticipatory Bail in cases under SC/ST Act if No Prima Facie Offence Made Out
Mon, 29 Jan 2024 15:37:07 IST

Orissa High Court has held that there is no absolute bar against grant of anticipatory bail to an accused under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (SC/ST Act), if no prima facie offence is made out.

OTHER TAXES - SC: Property Tax for 'Business Building' Not Applicable on Advocate's Office Run From Residence
Mon, 29 Jan 2024 11:36:00 IST

SC has held that advocate's office run from residential building is not subject to property tax under Delhi Municipal Corporation Act, 1957 as a "business building" because the "professional activity" of lawyers does not fall within the category of commercial establishment or business activity.

CIVIL - Supreme Court: Public Interest Litigations Raising Personal Grievances Can't be Entertained
Mon, 29 Jan 2024 11:35:48 IST

Supreme Court while dismissing a Public Interest Litigation which sought directions to implement the recommendations of the NITI AYOG on streamlining medical research in India has held that Public Interest Litigations that raising personal grievances are impermissible.

LAW OF MEDICINE - Supreme Court: Medical Devices Can be Included within Definition of "Drugs"
Mon, 29 Jan 2024 11:35:37 IST

Supreme Court while declining to interfere with Delhi High Court's ruling has upheld the Central Government notifications to include medical devices such as nebulizers, blood pressure monitoring devices, digital thermometers, and glucometers as 'drugs'.

ARBITRATION - Delhi HC: Party Can't Challenge Arbitral Award After Receiving Payment of Decided Amount
Mon, 29 Jan 2024 11:35:26 IST

Delhi High Court has held that a party that has received payment in terms of an arbitral award cannot challenge the award with respect to the disallowed claims.

FAMILY - Ch HC: Impotency of Husband Sufficient Reason for Wife to Reside Separately, Entitled to Maintenance
Mon, 29 Jan 2024 11:35:14 IST

Chhattisgarh High Court has observed that the impotency of the husband would be sufficient reason for the wife to reside separately and in such cases she would be entitled to maintenance under Section 125 of Code of Criminal Procedure.

CIVIL - Madras HC: State Vicariously Liable for Neglect, Compensation Granted to Man for Injuries Upheld
Thu, 25 Jan 2024 15:38:30 IST

Madras High Court while upholding an order granting compensation to a man who suffered injuries during a bandh, has held that State would be vicariously liable for its inaction and/or not taking proper care of the law-and-order situation.

CONSTITUTION - Cal. HC: Interfering in Investigation by State May Result in Disruption of Co-operative Federalism
Thu, 25 Jan 2024 15:38:19 IST

Calcutta High Court while staying order for immediate transfer of a probe being conducted by State to CBI, has held that right of State to conduct fair and impartial investigation can't be lightly interfered with as it would result in disruption of co-operative federal structure of the country.

SERVICE - All. HC: Denying Pension by Applying Amended Rule Retrospectively Violates Arts. 14 & 16 of COI
Thu, 25 Jan 2024 15:38:07 IST

Allahabad HC has held that denying pension to individual by retrospectively applying Uttar Pradesh Electricity Regulatory Commission (Appointment and Conditions of Service of the Chairperson and Members) (First Amendment) Rules, 2021 is violative of Articles 14 and 16 of Constitution of India (COI).

DIRECT TAXATION - SC: Return Filed Without Regular Books of Account May be Defective but Not Invalid
Thu, 25 Jan 2024 11:44:46 IST

Supreme Court has held that tax return filed without regular books of account by assessee is defective but not invalid and the burden to inform the assessee about the defects that may be cured is upon the Assessing Officer.

MEDIA AND COMMUNICATION - Del. HC Upheld Stay on Notices by DGHS To Companies Involved in Surrogate Ad. of Tobacco Products
Thu, 25 Jan 2024 11:44:35 IST

Delhi High Court has upheld the stay on the show cause notices issued by Director General of Health Services (DGHS) to two companies for allegedly involving in surrogate advertisements for promoting their products Dilbagh Pan Masala and Vimal Elaichi.

CONSTITUTION - Del. HC: South Asian University an International Organization, Not Amenable to Writ Jurisdiction
Thu, 25 Jan 2024 11:44:23 IST

Delhi High Court has held that South Asian University is not amenable to the writ jurisdiction under Article 226 of the Constitution of India as it enjoys the status of an international organization having privileges and immunities conferred upon it.

CIVIL - Ker. HC: Second Appeal Under CPC Admissible on Substantial Question of Law & Not on Equitable Grounds
Thu, 25 Jan 2024 11:44:11 IST

Kerala High Court has held that High Court shall admit and hear second appeal under Order XLII Rule 1, 2 read with Section 100 Code of Civil Procedure (CPC) only on the basis of substantial question of law and not on equitable grounds.

LAW OF MEDICINE - Rajasthan High Court: Fully Developed Foetus Has Right to Life Under Article 21 of Constitution of In
Thu, 25 Jan 2024 11:43:58 IST

Rajasthan High Court while denying minor rape survivor to terminate thirty one weeks pregnancy has held that fully developed foetus has the right to life guaranteed under Article 21 of Constitution of India.

CRIMINAL - SC: Default Bail Can't be Claimed on Ground of Pending Investigation Against Other Accused
Wed, 24 Jan 2024 15:45:30 IST

Supreme Court has held that statutory right of default bail cannot be claimed by accused under Section 167(2) of Code of Criminal Procedure, 1973 on the ground that the investigation for other accused is pending.

FAMILY - Delhi HC: Marriage Between Sapindas Prohibited Under HMA Unless Sanctioned by Usage or Custom
Wed, 24 Jan 2024 15:45:21 IST

Delhi High Court while upholding the validity of Section 5(v) of the Hindu Marriage Act, 1955 (HMA) has held that marriage cannot be solemnized between parties related to each other as sapindas unless it is sanctioned by usage or custom governing them.

SERVICE - Delhi High Court: Can't Set Aside Stipulation of Higher Merit Because it Restricts Talent Pool
Wed, 24 Jan 2024 15:45:10 IST

Delhi High Court has held that stipulation of a higher merit for a post in an educational institution cannot be set aside on the ground that it restricts the talent pool.

CIVIL - Calcutta HC: Cannot Excommunicate Person from Community Due to Matrimonial Dispute in Family
Wed, 24 Jan 2024 15:45:00 IST

Calcutta High Court while setting aside an order of excommunication of person from Sikh Community has held that excommunication due of matrimonial dispute in family, is a stringent action which affects right to live with dignity and is palpably violative of Article 21 of Constitution of India.

CRIMINAL - Karnataka High Court: FIRs Cannot be Transferred by Invoking Powers Under Section 407 CrPC
Wed, 24 Jan 2024 15:44:50 IST

Karnataka High Court has held that First Information Reports (FIRs) cannot be transferred by invoking powers under Section 407 of the Code of Criminal Procedure, 1973 (CrPC) and the provision is applicable only in cases and appeals.

CRIMINAL - Ker. HC: Demand of Bribe to be Established by Prosecution in Case of Obtainment & Not in Acceptance
Wed, 24 Jan 2024 15:44:38 IST

Kerala HC while explaining the provisions of Sec. 7 of Prevention of Corruption (Amendment) Act, 1918 has observed that in the case of acceptance of bribe, the prosecution need not establish demand but in case of obtainment of bribe, prosecution has to establish prior demand by public servant.

CONSTITUTION - SC: Article 30 Not an Enabling Provision but an Obligation on State While Granting Minority Status
Wed, 24 Jan 2024 12:08:29 IST

Supreme Court while hearing the issue of granting minority status to Aligarh Muslim University, has observed that Article 30 of the Constitution of India so far as the State is concerned is not an enabling provision but an obligation on the State.

CRIMINAL - Supreme Court: Acquittal under PC Act Cannot be Based Only on the Ground of Invalid Sanction
Wed, 24 Jan 2024 12:08:18 IST

Supreme Court has held that acquittal of an accused under the Prevention of Corruption Act (PC Act) cannot be based on the sole ground of invalid sanction, without recording findings on all the issues involved.

CRIMINAL - SC: Cognizance of Suppl. Charge-Sheet Can't be Taken if it Lacks Fresh Oral or Documentary Evidence
Wed, 24 Jan 2024 12:08:06 IST

Supreme Court has observed that a Judicial Magistrate would not be allowed to take cognizance of a supplementary charge-sheet submitted after further investigation if it does not contain any fresh oral or documentary evidence.

FAMILY - Delhi High Court: 'Non-Adjusting Attitude' of Wife Amounts to Mental Cruelty, Court Grants Divorce
Wed, 24 Jan 2024 12:07:55 IST

Delhi High Court while granting divorce to a husband, has observed that the non-adjusting attitude of the wife and her incapability to sort out differences, with maturity, without causing public humiliation to husband amounts to mental cruelty.

CIVIL - Kar. HC: Sufficient Bank Bal. Not Absolute Pre-requisite to Establish Readiness to Execute Agreement
Wed, 24 Jan 2024 12:07:42 IST

Karnataka High Court has held that although it is relevant to consider the bank balance of a party while considering the matters of readiness and willingness of the party to execute the sale agreement, it is not an absolute prerequisite to establish the same.

TENANCY - Raj. HC: Tenant Can't Avoid Eviction by Showing Other Properties More Suitable for Bonafide Use
Tue, 23 Jan 2024 15:03:48 IST

Rajasthan High Court while allowing eviction petition of the landlord has held that bonafide necessity of the premise is to be decided by the landlord even if alternate premises are available and the tenant cannot dictate as to from which premise she should start the business.

TRUSTS AND SOCIETIES - Kar. HC: Rule of Locus Standi to be Construed Liberally in Matters of Illegal Grant of State Largess
Tue, 23 Jan 2024 15:03:34 IST

Karnataka High Court has held that rule of locus standi should be construed liberally in matters that are related to illegal grant of State largess which would serve public interest.

CONSTITUTION - All. HC: Habeas Corpus Writ by Husband to Regain Wife not Available When Other Remedies Present
Tue, 23 Jan 2024 15:03:21 IST

Allahabad High Court while observing that other remedies related to restitution of conjugal rights are available, has held that the emergency of a writ of habeas corpus at the behest of a husband to regain his wife would be rare and may not be available as a matter of course.

MOTOR VEHICLES - Kar. HC: Pay and Recover Principle to be Applied in Cases Where Driving License of Driver Not Found
Tue, 23 Jan 2024 15:03:10 IST

Karnataka HC has held that in cases where valid driving license of the driver involved in accident is not found then the Claims Tribunal has to apply principle of 'pay and recover' and direct insurance company to deposit the compensation amount and recover it later from the owner of the vehicle.

EDUCATION - Ker. HC: 'No Mens Rea', Bail Granted to Teacher for Cutting Hair of Tribal Student During Assembly
Tue, 23 Jan 2024 15:02:57 IST

Kerala High Court while granting anticipatory bail to a teacher for cutting hair of a student belonging to the Scheduled Tribe community has held that no mens rea was established against the teacher and that she was only trying to enforce disciplinary control over the student.

CIVIL - Supreme Court: Efforts to Settle Civil Disputes Through Criminal Prosecution Must be Avoided
Tue, 23 Jan 2024 11:38:49 IST

SC while observing that mere breach of contract doesn't amount to an offence u/s 420 or 406 of IPC unless dishonest intention is shown, has held that effort to settle civil disputes which do not involve any criminal offence by applying pressure through criminal prosecution should be discouraged.

INTELLECTUAL PROPERTY RIGHTS - Supreme Court: Trade Dress of Whiskey 'London Pride' Visibly Same as that of 'Imperial Blue'
Tue, 23 Jan 2024 11:38:37 IST

Supreme Court while observing that the trade dress of 'London Pride' and 'Imperial Blue' appear to be virtually same, has asked London Pride to change the same and to abstain from using any bottle with the logo of the Seagram.

CRIMINAL - Kerala High Court: Incident of Rape not Implausible Just Because Family Lives in a Small Hut
Tue, 23 Jan 2024 11:38:26 IST

Kerala High Court while upholding father's conviction for sexually assaulting and raping his minor daughter has held that merely because the family of the victim consisting of several members was residing in a small hut, it can't be said that the occurrence of rape is not possible.

DIRECT TAXATION - Delhi High Court: CIC Doesn't Have Jurisdiction to Direct Furnishing of Information u/s 138 IT Act
Tue, 23 Jan 2024 11:38:15 IST

Del. HC while setting aside Central Information Commission (CIC)'s order directing IT department to provide details regarding tax exemption granted to PM Cares Fund under the RTI Act has held that CIC doesn't have the jurisdiction to direct furnishing of information provided for u/s 138 of IT Act.

ARBITRATION - Calcutta High Court: Intention to Arbitrate Must be Clearly Stated by Parties Within Agreement
Tue, 23 Jan 2024 11:38:03 IST

Calcutta High Court has held that parties to an arbitration agreement should clearly state their intentions to arbitrate and should abstain from using terms like 'if' 'may' or 'but'.

CIVIL - SC: Religious Ceremony Can't be Banned on Ground that Other Comm. Inhabited in the Area in Majority
Mon, 22 Jan 2024 15:22:31 IST

Supreme Court has held that blanket orders cannot be passed for banning religious ceremonies in particular areas on ground that the area is predominantly inhabited by people belonging to other religions.

INSURANCE - Madras HC: Disbursal of Insurance Amount Ordered, Default in Payment of Premium not Intentional
Mon, 22 Jan 2024 15:22:19 IST

Madras High Court while ordering disbursal of insurance amount to the family of policy holder has held that default in payment of premium was neither intentional nor willful. The non-payment was only because the insured was hospitalized and taking treatment.

LABOUR AND INDUSTRIAL - Madhya Pradesh HC: Delegation of Work Shall not Lead to Arbitrary Reduction of Contract Wages
Mon, 22 Jan 2024 15:22:06 IST

Madhya Pradesh High Court has held that contract wages of employees cannot be reduced arbitrarily and illegally in case of delegation of work.

PROPERTY - Supreme Court: Children Born out of Void Marriages Entitled to Share in Parent's Property
Mon, 22 Jan 2024 11:35:20 IST

Supreme Court has held that children born out of void and voidable marriages have to be considered legitimate children and shall be entitled to a valid share in the property of the common ancestor.

FAMILY - Del. HC: Individual Changing Religion to get Married Needs to be Informed about Legal Consequences
Mon, 22 Jan 2024 11:35:09 IST

Delhi High Court has held that an individual who changes his/her religion in order to get married should be fully informed about the legal consequences that are related with it.

FAMILY - Del. HC: Findings of Cruelty Against Wife Cannot be a Base To Deny Maintenance To her Under DV Act
Mon, 22 Jan 2024 11:34:58 IST

Delhi High Court while deciding the revision petition filed by the wife has held that findings of cruelty against a wife in the divorce proceedings by itself cannot be a basis to deny her maintenance under the Domestic Violence Act, 2005 (DV Act).

ELECTION - MP HC: Casting Doubt on Conduct of Elections via Social Media not an Offence u/s 505(2) of IPC
Mon, 22 Jan 2024 11:34:47 IST

Madhya Pradesh High Court has held that merely casting a doubt upon the conduct of free and fair Legislative Assembly elections through a social media post cannot attract the offence under Section 505(2) of Indian Penal Code, 1860 (IPC) which talks about statements conducing to public mischief.

CIVIL - All HC: Visa and Citizenship Claim to be Decided on Merits & not on Negative Report of DM
Mon, 22 Jan 2024 11:34:35 IST

Allahabad High Court has held that claim for visa and citizenship cannot be decided by a negative report of the District Magistrate (DM). It has to be decided by Competent Authorities on Merits.

CRIMINAL - Ker. HC: Dishonest Intention Essence of Criminal Misconduct Under Prevention of Corruption Act
Mon, 22 Jan 2024 11:34:22 IST

Kerala High Court has held that dishonest intention is sine qua non to attract the offence punishable under Section 13(1)(d) of the PC Act. Mere conduct and action of the accused contrary to rules and departmental norms would not amount to criminal misconduct by a public servant.

CIVIL - All. HC: Govt Bound by Apostille Documents Issued by Countries Signatory to the Apostille Convention
Fri, 19 Jan 2024 15:13:04 IST

Allahabad High Court while observing that Union Government is bound by the Convention of Abolishing the Requirement of Legalisation for Foreign Public Documents (Apostille Convention), has held that Govt. cannot disbelieve Apostille documents issued by countries signatory to Apostille Convention.

GOODS AND SERVICES TAX - ITC Case: Tel. HC Directs CGST To Forward All Investigation & Related Documents To State
Fri, 19 Jan 2024 15:12:53 IST

In a case where Petitioner was served with a notice directing to reverse Input Tax Credit (ITC), Telangana HC has directed the Preventive Wing & DGGI Wing of CGST to forward all investigation and related documents to State Authorities, who shall continue with the proceedings from the same stage.

PROPERTY - Karnataka High Court: Land Given as Grant to Grow Trees Cannot be Treated as Grant of Land
Fri, 19 Jan 2024 15:12:41 IST

Karnataka High Court has held that if land has been granted to grow trees then that grant cannot be treated as the grant of land itself.

CRIMINAL - SC Discharges Murder Accused on Grounds of 'Natural Death as Per Post-Mortem Report'
Fri, 19 Jan 2024 11:30:28 IST

Supreme Court while discharging accused for a murder on the basis of Post-Mortem Report has held that the expert testimony of the doctor who performed the autopsy of the deceased cannot be completely ignored while deciding the guilt of an accused.

CRIMINAL - Allahabad High Court: Power of Court u/s 482 CrPC Limited, Can't Examine Contention of Accused
Fri, 19 Jan 2024 11:30:16 IST

Allahabad High Court has held that while deciding an application under section 482 of Code of Criminal Procedure, the High Court cannot examine the contention of the accused and the only thing to be seen is whether any sufficient material is available to proceed further against the accused or not.

CRIMINAL - All. HC: Criminal Proceedings Also Disclosing Civil Dispute Between Parties Not Liable to be Quashed
Fri, 19 Jan 2024 11:30:05 IST

Allahabad High Court has held that the mere fact that allegations in criminal proceedings also make out the existence of civil dispute between the parties would not be a ground to quash the criminal proceedings, when the allegations clearly make out commission of cognizable offences by one party.

FAMILY - Chh. HC: Second Wife Cannot File Complaint/FIR Against Husband and Her In-Laws u/s 498-A IPC
Fri, 19 Jan 2024 11:29:54 IST

Chhattisgarh High Court has held that any complaint/FIR filed by the second wife under Section 498-A of Indian Penal Code, 1860 (IPC) against her husband and in-laws is not maintainable.

FAMILY - Kerala HC: Disputes Between Parties to a Void Marriage Can be Determined by Family Court
Fri, 19 Jan 2024 11:29:33 IST

Kerala High Court has held that disputes related to void marriages as defined under Section 24 of the Special Marriage Act can be redressed by Family Court.

FAMILY - Ker. HC: Continuous Cohabitation Doesn't Acquire Character of Valid Marriage if Another Exists
Fri, 19 Jan 2024 11:29:21 IST

Kerala High Court has held that continuous cohabitation for several years will not acquire the character of a valid marriage during the existence of another marriage of either party.

CRIMINAL - SC: S. 197 CrPC not Applicable for Prosecuting Public Servant Alleged to Have Created Fake Documents
Thu, 18 Jan 2024 15:23:32 IST

Supreme Court has held that prior sanction under section 197 of Code of Criminal Procedure for prosecuting a public servant is not required if the public servant is alleged to be involved in the act of creating fake documents as the same do not form a part of his official duty.

CIVIL - Bombay High Court: Fake Websites Providing PAN Card Services A National Threat
Thu, 18 Jan 2024 15:23:20 IST

Bombay HC while passing an ex-parte interim injunction against certain entities allegedly operating fake websites providing PAN card services on behalf of government owned UTI Infrastructure Technology and Services Limited (UTIITSL), has held that such entities would pose a national level threat.

EDUCATION - Bom HC: Student Should be Timely Informed About Eligibility Status to Avoid Wastage of Time & Money
Thu, 18 Jan 2024 15:23:08 IST

Bombay High Court while quashing Mumbai University's decision of declaring a student ineligible for a course when he had already completed two semesters, has held that it isn't fair to inform the student about his ineligibility at the end of the course as it leads to wastage of both time and money.

CONSTITUTION - Supreme Court: Even a Day's Delay is Important When a Question of Personal Liberty Involved
Thu, 18 Jan 2024 11:52:18 IST

Supreme Court while expressing anguish over the callous attitude of Karnataka High Court in a habeas corpus matter set a woman at liberty who was detained by her parents and held that when the question of liberty of a person is involved even a day's delay counts.

CIVIL - Patna HC: Minor Girl Expressing Fear of Life in Parent's Custody May be Sent to Shelter Home
Thu, 18 Jan 2024 11:52:07 IST

Patna High Court has held that when a minor girl expresses her fear of life in her parent's custody, the court may exercise its jurisdiction of sending the girl to a shelter home. The Court further added that the husband is not entitled to seek the custody of such minor by a writ of Habeas Corpus.

CIVIL - Mad. HC: English Not a Mandatory Subject to Get Eligibility Certificate From NMC
Thu, 18 Jan 2024 11:51:55 IST

Madras High Court while directing National Medical Commission (NMC) to grant an eligibility certificate to a Foreign Medical Graduate, has held that not studying English as a subject cannot be the ground for denying eligibility certificate and registration as Medical Practitioner.

NARCOTICS - Ker HC: Accused Under NDPS Act Can Seek Bail on Oral Application if IO Fails to File Final Report
Thu, 18 Jan 2024 11:51:44 IST

Kerala High Court has held that an accused under Narcotic Drugs and Psychotropic Substances Act (NDPS Act) is entitled to be released on statutory bail on an oral application, if the Investigating Officer (IO) fails to file final report on within time mandated under Section 36A of NDPS Act.

CRIMINAL - Ker. HC: Trial Courts to Determine Whether Charges u/s 304A IPC to be Added in Motor Accidents Cases
Thu, 18 Jan 2024 11:51:32 IST

Kerala High Court has held that whenever trial courts frame charges in deaths involving motor accidents it is for them to decide that whether an alternative charge for an offence under Section 304A of Indian Penal Code (IPC) is also to be added in addition to the charge under Section 304 of IPC.

CIVIL - Bar Council of India Issues Notice for Advocates Regarding Declaration of Existence in Profession
Wed, 17 Jan 2024 15:12:39 IST

BCI issued notice regarding Advocates Declaration of Existence in Profession under BCI Certificate and Place of Practise (Verification) Rules, 2015. The verification process necessitates attachment of essential documents i.e. vakalatnama, order sheets, proof of drafting etc., as provided in Rules.

CIVIL - Del. HC: Interest Cannot be Included in "Aggregate Value of Claim & Counter-Claim" u/s. 12 of CCA
Wed, 17 Jan 2024 15:12:28 IST

Delhi HC has held that to determine pecuniary jurisdiction of a Court for petition u/s 34 of the A&C Act the value of claims and counterclaims shall not include the value of the pendente lite and future interest in order to determine specified value provided u/s 12 of Commercial Courts Act (CCA).

CRIMINAL - SC: Criminal Action Can't be Taken u/s 5(1) COTPA Against Persons Not Engaged in Tobacco Business
Wed, 17 Jan 2024 11:50:05 IST

Supreme Court has held that criminal action under Section 5 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act 2003 (COTPA) cannot be taken against a person who is not involved in tobacco business.

DIRECT TAXATION - Del. HC: No Presumption in Law that Acquisition of MF is Necessarily for Trade & Not for Investment
Wed, 17 Jan 2024 11:49:53 IST

Delhi HC has held that it is important to ascertain the intent considering the time period and purpose for which the shares or mutual funds (MF) are held by the Assessee. It can't be presumed that acquisition of shares or mutual funds is necessarily for trade as opposed to investment.

ELECTION - Kar HC: All Criminal Proceedings to be Disclosed in Nomination Form
Wed, 17 Jan 2024 11:49:40 IST

Karnataka High Court has held that while filing an election nomination form by a candidate, all the details related to the criminal proceedings irrespective of whether the candidate had been acquitted or not, whether the proceedings have been quashed or not, have to be disclosed.

CRIMINAL - Kar. HC: Banks Do Not Have the Power of Retaining Passport or OCI Card of Accused as Security
Wed, 17 Jan 2024 11:49:29 IST

Karnataka High Court has held that banks do not have the authority to withhold the passport or OCI cards of an accused, even if, the accused has surrendered them voluntarily.

CRIMINAL - Ori HC: Domestic Incident Report not a Pre-Requisite to Grant Interim Maintenance to Aggrieved Woman
Wed, 17 Jan 2024 11:49:14 IST

Orissa High Court has held that it is not mandatory to have Domestic Incident Report' (DIR) from the 'Protection Officer' in order to grant relief of interim maintenance to an aggrieved woman under Section 12(1) of the Protection of Women from Domestic Violence Act, 2005.

CIVIL - Ker. HC: Quarrying Activities Can't be Done on Lands Assigned Under the Kerala Land Assignment Act
Wed, 17 Jan 2024 11:49:02 IST

Kerala High Court while ordering Interim stay on quarrying near Neyyar Wildlife Sanctuary has held that no quarrying can be done on lands assigned under the Kerala Land Assignment Act.

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