| CRIMINAL - SC Refuses to Entertain PIL Seeking Criminalisation of Sexual Offences Against Men, Trans Persons |
| Tue, 15 Oct 2024 10:36:57 IST |
| SC while refusing to entertain PIL seeking criminalisation of sexual offences against men, trans persons and animals, has observed that this court cannot by recourse under Article 142 of COI direct that a particular act constitutes an offence. Such exercise falls under parliamentary domain. |
| PROPERTY - SC: If Sale Hit by Lis Pendens, Bona Fide Purchase Can't be Used as a Defence |
| Tue, 15 Oct 2024 10:36:46 IST |
| Supreme Court has observed that once sale agreement is proved and the subsequent sale is during pendency of the suit hit by the doctrine of lis pendens, bonafide purchase cannot be used as a defence. |
| PROPERTY - Supreme Court: A Sale Cannot be Said to be a Contract |
| Tue, 15 Oct 2024 10:36:35 IST |
| SC has observed that though an agreement to sell is a contract of sale, going by its definition under Section 54 of TPA, a sale cannot be said to be a contract. Sale, going by definition thereunder, is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised. |
| ENVIRONMENT - SC: If Public Land Used Without Compliance of Condition, Land Will be Restored to Original Condition |
| Tue, 15 Oct 2024 10:36:25 IST |
| Supreme Court while dealing with the issue of enhancing green cover in Delhi, has stated that if lands are used for public purposes without compliance with the conditions of compensatory afforestation then directions will be issued to restore the land to original condition. |
| CIVIL - SC: Lawyer Covered Within Doctrine of Absolute Privilege While Responding During Proceedings |
| Tue, 15 Oct 2024 10:36:12 IST |
| Supreme Court while dismissing a defamation suit against a lawyer, has observed that the lawyer was well within his right and within the framework of the doctrine of absolute privilege available to him while responding during judicial proceedings. |
| ARBITRATION - SC: By Operation of S. 31(7)(b), Sum Directed to be Paid Under Arbitral Award Shall Carry Interest |
| Mon, 14 Oct 2024 15:05:29 IST |
| Supreme Court has held that by operation of Section 31(7)(b) of the Arbitration and Conciliation Act, 1996, the first principle is that the sum directed to be paid under the Arbitral Award shall carry interest. |
| CRIMINAL - Bombay High Court: Person Shaking Neck Towards Woman While Riding is Not Stalking |
| Mon, 14 Oct 2024 15:05:17 IST |
| Bombay High Court has held that a person's act of shaking of his neck i.e. grooving his neck while riding and simultaneously listening to the music, rather loud music does not fall into any one of the attributes or ingredients of the offence of stalking as enumerated under Section 354D of IPC. |
| CONSTITUTION - SC: Right Claimed Under A. 29 for Preserving Language Can't Result in an Absolute Right |
| Mon, 14 Oct 2024 15:05:06 IST |
| SC while dismissing a petition seeking direction on Centre to run a Sindhi language TV channel, has observed that right claimed under A. 29 for preserving language of Sindhi population can't result in an indefeasible right for commencement of a separate language channel for a specific language. |
| CIVIL - Kerala HC: The More Popular You Become, Your Rights Also Diminish to That Extent |
| Mon, 14 Oct 2024 15:04:51 IST |
| Kerala High Court while observing that celebrities should avoid taking up roles depicting women in derogatory manner, has stated that the more popular a person becomes in society, the more his/her rights diminish to that extent because they have got a public interest and a public image to keep. |
| CIVIL - Del. HC: Prosecution and Legal Departments to Exercise Due Diligence before Initiating Cases |
| Fri, 11 Oct 2024 15:02:07 IST |
| Del. HC has stated that frivolous cases undermine efficiency of judiciary, causing distress to litigants. Therefore, it is imperative that prosecution & legal departments exercise due diligence before initiating cases, in order to preserve the integrity of judicial process & ensure timely justice. |
| CRIMINAL - Delhi High Court: Bail Granted by Court on Merits, if Withheld Will Amount to Punishment |
| Fri, 11 Oct 2024 15:01:56 IST |
| Delhi High Court while granting bail to a public servant in a corruption case, has stated that if a Court on merits deems it fit to release an accused on bail, withholding the relief will be considered as a punishment. |
| CRIMINAL - Ker. HC: Physical Contact as Part of Resistance Can't be Called Explicit Sexual Overture |
| Fri, 11 Oct 2024 15:01:43 IST |
| Kerala High Court has held that physical contact as part of resistance could not be held as the one which advanced unwelcome and explicit sexual overtures and it could not be held that accused had any intention to outrage modesty of the woman in any manner or to harass her sexually. |
| TENANCY - Bom. HC: For Exemption Under Notification u/s 15(1) of Bombay Rent Act, Purchase of Goodwill is Must |
| Thu, 10 Oct 2024 15:06:04 IST |
| Bombay High Court has observed that in order to obtain the benefit under notification issued by the State Government under Section 15(1) of the Bombay Rent Act, 1947, a purchase of goodwill must be involved in continuation of business so that the transfer is not considered as unlawful subletting. |
| ARBITRATION - Delhi High Court: Arbitral Award Set Aside Due to Failure of Arbitrator to Disclose Conflict |
| Thu, 10 Oct 2024 15:05:53 IST |
| Delhi High Court while setting aside the arbitral award due to failure on part of arbitrator to disclose conflict, has held that the duty of arbitrators to disclose conflicts under Section 12 of Arbitration and Conciliation Act, 1996 is mandatory and such disclosure must be in writing. |
| CIVIL - BCI Writes Letter to CJI Suggesting Regular Evaluation of Mental Health of Judicial Officers |
| Thu, 10 Oct 2024 15:05:42 IST |
| Bar Council of India (BCI) has written a letter to CJI suggesting regular evaluation of mental health of judicial officers so that early signs of burnout, stress, or other issues can be identified that could affect their conduct in court. |
| ELECTION - Delhi HC: Counting of Votes for DUSU Elections to be Allowed Once Defacement Cleaned Up |
| Wed, 09 Oct 2024 15:12:04 IST |
| Delhi High Court has stated that counting of votes for the ongoing Delhi University Students' Union (DUSU) elections shall be allowed only after the defacement of public property done by the candidates is cleaned up. |
| TRUSTS & SOCIETIES - Bom. HC: Sai Baba Sansthan Trust Eligible for Exemption on Income Tax for Anonymous Donations |
| Wed, 09 Oct 2024 15:11:53 IST |
| Bombay High Court while upholding the order by ITAT, has affirmed that Shri Sai Baba Sansthan Trust situated in Shirdi is eligible for exemption from income tax on anonymous donations as it is a charitable as well as a religious organization. |
| CRIMINAL - Madras HC: To Invoke PMLA, Mere Possession of Proceeds of Crime Sufficient |
| Wed, 09 Oct 2024 15:11:43 IST |
| Mad HC has held that mere possession of proceeds of crime would be sufficient to invoke provisions of PMLA. Using proceeds of crime by itself is an offence. Since scope of Section 3 is wide enough, HC cannot restrict its meaning so as to restrain the Authorities from invoking the provisions of PMLA. |
| CIVIL - Gujarat HC: Officials Commuting to Court on Two-Wheelers Required to Wear Helmets |
| Wed, 09 Oct 2024 15:11:32 IST |
| Gujarat High Court has issued a circular stating that the officers and staff members who are commuting to the High Court on a two wheeler as rider and/or pillion rider shall not be permitted to enter into the premises of the High Court from any/all of the entry gates, without wearing a Helmet. |
| LAW OF MEDICINE - Bom. HC Criticizes Maharashtra Govt. for Opposing Termination of Pregnancy of Unmarried Woman |
| Tue, 08 Oct 2024 10:40:20 IST |
| Bombay High Court has criticized the Maharashtra Government for opposing medical termination of pregnancy of an 'unmarried' woman on the ground that the woman does not fit the criteria for undergoing an abortion i.e., she is neither a widow nor a divorcee. |
| SERVICE - Calcutta HC: No Criminal Breach of Trust for Non-Payment of Outstanding Dues Towards Salary |
| Tue, 08 Oct 2024 10:40:10 IST |
| Calcutta High Court has held that non-payment of outstanding dues towards outstanding salary or performance bonus by the company does not amount to criminal breach of trust. |
| CRIMINAL - Gau. HC Issues Guidelines Regarding Release of Seized Money in Cyber Frauds or Crimes |
| Tue, 08 Oct 2024 10:39:58 IST |
| Gau. HC has issued guidelines directing Trial Courts not to insist on registration of FIRs in matters already registered on NCRP on cyber frauds / crimes and dispose of such matters for releasing frozen / blocked money to victims on the basis of police report regarding authenticity of money seized. |
| SERVICE - MP HC: Discretion of Appointing Authority to Appoint a Person Involved in Offence of Moral Turpitude |
| Tue, 08 Oct 2024 10:39:47 IST |
| MP HC has stated that it is the entire discretion of the appointing authority to appoint or not to appoint a person who is involved in an offence involving moral turpitude even if that person is acquitted giving him benefit of doubt etc., it would not automatically entitle him for the employment. |
| SERVICE - MP HC: Can't Subject Transfer Order to Judicial Review Unless Found to be Influenced by Malafide |
| Tue, 08 Oct 2024 10:39:36 IST |
| MP HC has observed that it is well settled in law that an employer is the best judge to organize its work force and it is also well settled in law that a transfer order cannot be subjected to judicial review unless and until same is found to be influenced by malafide or arbitrary exercise of powers. |
| CRIMINAL - Gauhati High Court Issues Guidelines for Acceptance of Final Report Form by Courts |
| Tue, 08 Oct 2024 10:39:25 IST |
| Gauhati HC has issued guidelines directing Courts that charge sheets or final reports shall be accepted without insisting for original case diaries and that Courts shall ensure that provisions of Section 173 CrPC or 193(6) BNSS and 193(8) BNSS are strictly complied with by the investigating officer. |
| SERVICE - Ori. HC: Fact-Finding Inquiry Makes it Permissible to Not Give Opportunity of Hearing to Employee |
| Tue, 08 Oct 2024 10:39:08 IST |
| Ori. HC while differentiating between fact finding inquiry & disciplinary inquiry, has held that the very nature of fact-finding inquiry makes it permissible to be held ex-parte and even without granting any opportunity of hearing to the employee, which is imperative only in a disciplinary inquiry. |
| SERVICE - SC: Preparation of Final Select List Signals Conclusion of the Appointment Process |
| Mon, 07 Oct 2024 11:06:00 IST |
| Supreme Court has stated that the preparation of the final select list signals the conclusion of the appointment process and scrapping the entire process to undertake a fresh appointment process is impermissible and deprives the candidates of their legitimate right of consideration. |
| CRIMINAL - SC: Can't Deny Suspension of Sentence to Accused Only Because Another Trial is Pending |
| Mon, 07 Oct 2024 11:05:48 IST |
| Supreme Court has observed that mere pendency of the other trial where the appellant is an accused cannot be regarded as sufficient for denying him the benefit of suspension of sentence in the present case. |
| CRIMINAL - SC: HCs Passing Orders Directing Disposal of Trials Within a Time Schedule is Contrary to Law |
| Mon, 07 Oct 2024 11:05:38 IST |
| SC has held that while rejecting bail applications, the HCs are passing orders directing disposal of trials within a time schedule. Apart from the fact that such directions are contrary to the law such orders put undue pressure on the Trial Courts which are already flooded with a lot of work. |
| COMMERCIAL - SC: Government Bodies Expected to Uphold Fairness & Equality While Dealing With Contractual Matters |
| Mon, 07 Oct 2024 11:05:26 IST |
| SC has stated that Govt. bodies are expected to uphold fairness, equality & public interest while dealing with contractual matters. Right to equality under Article 14 abhors arbitrariness. Public authorities have to ensure that no bias, favouritism or arbitrariness are shown during bidding process. |
| CIVIL - SC: Can't Fix Time-Line for Disposal of Execution Matter as Judges of Bombay HC are Overburdened |
| Mon, 07 Oct 2024 11:05:15 IST |
| Supreme Court has observed that, considering the fact that the judges of the Bombay High Court are overburdened direction to fix a time-line for disposal of an execution matter cannot be issued especially when there may be older execution applications which are pending. |
| LAW OF MEDICINE - Del HC: No Prohibition Against Posthumous Reproduction if Consent of Sperm or Egg Owner Demonstrated |
| Mon, 07 Oct 2024 11:05:04 IST |
| Delhi High Court has opined that under the prevailing Indian law, there is no prohibition against posthumous reproduction if the consent of the sperm owner or egg owner can be demonstrated. |
| CIVIL - Delhi High Court: Centre Directed to constitute a "National Rare Diseases Fund" |
| Mon, 07 Oct 2024 11:04:54 IST |
| Del HC while directing the Central Government to constitute a "national rare diseases fund", has made it mandatory to hold a monthly meeting between the Ministry of Health and Centers of Excellence & National Rare Disease Committee (NRDC) to monitor the disbursement of funds and identify any delays. |
| CONSTITUTION - SC: Tendency to Treat Members of Denotified Tribes as Habitual to Crime Reinforces a Stereotype |
| Fri, 04 Oct 2024 11:06:43 IST |
| SC has stated that the tendency to treat members of denotified tribes as habitual to crime reinforces a stereotype, which excludes them from meaningful participation in social life. When such stereotypes become a part of the legal framework, they legitimize discrimination against these communities. |
| CRIMINAL - SC: Criminal Cases Having Civil Character Should be Quashed When Parties Resolved Disputes |
| Fri, 04 Oct 2024 11:06:30 IST |
| SC has stated that criminal cases having overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves. |
| EDUCATION - Supreme Court Strikes Down Khalsa University (Repeal) Act, 2017 |
| Fri, 04 Oct 2024 11:06:19 IST |
| SC has struck down Khalsa University (Repeal) Act, 2017 and observed that it is a settled position of law that though a legislation affecting a single entity, undertaking or person would be permissible in law, it must be on basis of reasonable classification having nexus with object to be achieved. |
| DIRECT TAXATION - SC Sets Aside Judgements Holding that TOLA Won't Extend Time for Issuing Notices for Re-Assessment |
| Fri, 04 Oct 2024 11:06:08 IST |
| Supreme Court has set aside judgements of High Courts which held that time limit for issuing notices for re-assessment under the Income Tax Act, 1961 will not be extended by Taxation and Other Laws (Relaxation and Amendment of Certain Provisions Act) (TOLA) 2021. |
| GOODS AND SERVICES TAX - SC: If Construction of Building Essential for Carrying Supplying Services, it Can be Held as a Plant |
| Fri, 04 Oct 2024 11:05:58 IST |
| SC has held that if construction of a building was essential for carrying out activity of supplying services such as renting or lease or other transactions in respect of the buildings which are covered by clauses 2 and 5 of the Schedule 2 of the CGST Act, 2017 the building could be held as a plant. |
| CIVIL - Ker. HC: The Term 'Dumb' Now Considered as Ethically and Technically Inaccurate |
| Fri, 04 Oct 2024 11:05:47 IST |
| Kerala High Court has stated that in later years "dumb" came to mean silent, but remained offensive because it also connotes cognitive disablement. The terms are ethically and technically inaccurate and now recognised internationally to be offensive, particularly by the community. |
| CRIMINAL - Mad. HC: Can Attach Properties Purchased Prior to Offence if Criminal Activity Held Outside Country |
| Fri, 04 Oct 2024 11:05:36 IST |
| Madras High Court has observed that in respect of properties purchased prior to scheduled offence under the Prevention of Money Laundering Act, 2002 such properties can be attached if criminal activity relating to scheduled offence is taken or held outside country. |
| MOTOR VEHICLES - SC Suggests Sates that State Transport Corporations Avail Third-Party Insurance |
| Thu, 03 Oct 2024 10:54:18 IST |
| Supreme Court while hearing a petition over issues related to motor vehicle claims, has suggested State Governments that for timely payment of compensation to victims of accidents, it is better that State Transport Corporations avail third-party insurance. |
| CIVIL - Supreme Court: Judgement Signed and Uploaded after Judge's Retirement, Set Aside |
| Thu, 03 Oct 2024 10:54:08 IST |
| Supreme Court while setting aside Madras High Court's judgement signed and uploaded after the retirement of the judge, has restored the quashing petition related to a corruption case. |
| SERVICE - SC: Government Order Modifying Previous Order Would be Applicable Prospectively |
| Thu, 03 Oct 2024 10:53:58 IST |
| SC has observed that if a subsequent Govt. Order is a modification of the earlier Govt. Order, its application would be prospective as retrospective application thereof would result in withdrawal of vested rights which is impermissible in law and the same may also entail recoveries to be made. |
| CRIMINAL - SC: Can't Allow Further Investigation When Application Filed Without Fresh Material |
| Thu, 03 Oct 2024 10:53:47 IST |
| SC has stated that an application for further investigation cannot be permitted to do a fishing and roving enquiry when the police had already filed a charge-sheet and the applicant has not whispered about anything new in evidence as is now sought to be averred in the application. |
| LIMITATION - All. HC: No Power to HC for Extension of Limitation Period in Filing Election Petition |
| Thu, 03 Oct 2024 10:53:36 IST |
| Allahabad High Court has observed that under the Representation of the People Act, 1951 Courts do not have the power to extend the period of limitation or condone delay in filing election petition. |
| ARBITRATION - All. HC: Application u/s 34 Can't be Dismissed for Non-Filing of Certified Copy if Explanation Given |
| Thu, 03 Oct 2024 10:53:25 IST |
| All. HC has observed that in an application under Section 34 of Arbitration and Conciliation Act, 1996, signed copy of award given by arbitrator must be annexed. If, for any reason the same cannot be filed, filing of the copy of the award along with an explanation, would be an appropriate exercise. |
| ARBITRATION - Cal. HC: 90 Day Timeline for Completion of Arbitral Proceedings Under MSME Act is Directory |
| Thu, 03 Oct 2024 10:53:13 IST |
| Cal. HC has held that under Section 18(5) of MSME Act, the ninety day timeline given for completion of arbitral proceeding is directory, not mandatory. Hence, even if the timeline is exceeded, there is no sanction either to terminate the mandate or to affect validity of the mandate even thereafter. |
| CONSTITUTION - Raj. HC: Protecting Children's Right is Not Just a Legal Obligation, It's a Moral Imperative |
| Thu, 03 Oct 2024 10:53:01 IST |
| Rajasthan High Court has observed that protecting children's right is not just a legal obligation, it's a moral imperative that directly impacts the future of our society. The right of protection includes freedom from all forms of exploitation, violence, abuse and inhumane or degrading treatment. |
| EDUCATION - Supreme Court Refuses to Entertain Plea Petition Challenging Fee Hike by Dental College |
| Tue, 01 Oct 2024 10:36:06 IST |
| Supreme Court while refusing to entertain a petition challenging fee hike for MDS Course by the Goa Dental College, has stated that these are very prestigious seats and Rs. 48,000 for Government college, dental seat is not a disproportionate amount. |
| SERVICE - Supreme Court Expresses Concern Over Finance Ministry Treating DRT as its Subordinate |
| Tue, 01 Oct 2024 10:35:55 IST |
| SC while expressing concern over a report revealing that DRT was being treated as subordinate dept. of Ministry of Finance, has observed that only because of requisitions by Ministry that instead of assisting PO of DRT in performing judicial duties the staff members remained busy in data collection. |
| EDUCATION - SC Grants Relief to Dalit Student Who Lost Admission Due to Late Payment of Online Admission Fees |
| Tue, 01 Oct 2024 10:35:43 IST |
| Supreme Court while granting relief to a Dalit student who lost admission due to late payment of online admission fees, has directed that the student be granted admission to the seat allotted to him at IIT Dhanbad. |
| CRIMINAL - Delhi High Court: Fact of Being Elderly or Infirm Doesn't Entitle Person to Pre-Arrest Bail |
| Tue, 01 Oct 2024 10:35:27 IST |
| Delhi High Court has stated that in cases, where the accused is alleged to be directly involved in the incessant demands of dowry and harassment of the deceased, the mere fact of being an elderly woman or infirm does not automatically entitle her to pre-arrest bail. |
| SERVICE - Supreme Court: Can't Expect Judges to Work Without Salary |
| Tue, 01 Oct 2024 10:35:16 IST |
| Supreme Court while directing the State of Bihar to release the salary of a Patna High Court judge, has stated that no judge should be expected to work without a salary. |
| SERVICE - Supreme Court: Judges Appointed for Tribunal Positions Need to be Treated with Dignity |
| Mon, 30 Sep 2024 11:02:00 IST |
| Supreme Court while hearing a matter on the salaries of retired judges appointed for positions in the state tribunals and commissions has stated that dignity of the former High Court Judges needs to be maintained when they are appointed to State Tribunals. |
| CIVIL - SC: Allahabad HC's Observation on Religious Conversions Not to be Cited in Other Cases |
| Mon, 30 Sep 2024 11:01:49 IST |
| Supreme Court while expressing disapproval of observation made by Allahabad High Court that "if conversions in religious congregations were not stopped, India's majority population would become minority", has stated that this observation shall not be cited in any other case/proceeding. |
| ARBITRATION - SC: Can't Set Aside Arbitral Award Only Because Appellate Court's View is a Better View |
| Mon, 30 Sep 2024 11:01:38 IST |
| Supreme Court has observed that merely for the reason that the view of the Appellate Court is a better view than the one taken by the arbitral tribunal, is no ground to set aside the award. The view taken by the arbitrator is normally acceptable and ought to be allowed to prevail. |
| COMPANY - SC: Certified Copy Submitted Free of Cost to be Treated as Certified Copy for Purpose of Rule 50 |
| Mon, 30 Sep 2024 11:01:27 IST |
| Supreme Court has held that both the certified copy submitted free of cost as well as the certified copy which is made available on payment of cost are treated as "certified copies" for the purpose of Rule 50 of the National Company Law Tribunal Rules 2016. |
| CRIMINAL - Karnataka High Court: 'Opportunity of Being Heard' Not an Empty Formality |
| Mon, 30 Sep 2024 11:01:16 IST |
| Karnataka High Court has stated that, in terms of Section 223 of BNSS the magistrate has to issue a notice to the accused who is given an opportunity of being heard which is not an empty formality and after hearing the accused, take cognizance and regulate the procedure thereafter. |
| CRIMINAL - Allahabad High Court: Accused Cannot be Kept Indefinitely in Jail |
| Mon, 30 Sep 2024 11:01:03 IST |
| Allahabad High Court while expressing concern over Prosecution's non-production of witnesses, has viewed that a person cannot be detained for indefinite period if the prosecution is not taking interest and making sincere effort to produce the prosecution witnesses before the Trial Court. |
| CRIMINAL - Tel. HC: Perceived Statutory Bar on Filing Appeal Beyond 90 Days May be Described as 'Justice Bar' |
| Mon, 30 Sep 2024 11:00:52 IST |
| Tel. HC has observed that the perceived statutory bar against extension of timelines as contained in Section 21(5) of the NIA Act, 2008 on filing an appeal, beyond 90 days from the date of the judgment/order, may be described as a "Justice Bar" to filing of Appeals beyond the statutory window. |
| ARBITRATION - Calcutta High Court: Granting Pre-Award Interest is Against Law |
| Mon, 30 Sep 2024 11:00:41 IST |
| Calcutta High Court has observed that interest is payable post assessment. Any interest given for the period prior the date of award is against law and patently illegal. |
| CUSTOMS - Patna HC: Not Disclosing Reasons for Confiscating Goods is Violative of Article 14 of COI |
| Fri, 27 Sep 2024 10:48:45 IST |
| Patna High Court has observed that an officer confiscating goods without giving strong and compelling reasons for such confiscation shall render the order of attachment illegal and would be violative of Article 14 of COI. |
| CRIMINAL - SC: Cases of Clean Acquittal of Accused May Give Rise to a Claim for Compensation |
| Fri, 27 Sep 2024 10:48:35 IST |
| Supreme Court has observed that in cases of clean acquittal, crucial years in the life of the accused are lost. In a given case, it may amount to violation of rights of the accused under Article 21 of the Constitution of India which may give rise to a claim for compensation. |
| CRIMINAL - Delhi HC Withdraws Rule Restricting Censure of Police Officers by Judicial Officers |
| Fri, 27 Sep 2024 10:48:24 IST |
| Delhi High Court has informed the Supreme Court that it has withdrawn the rule under "Rules for Practice in the Trial of Criminal Cases" that restricted judicial censure of police officers. |
| CIVIL - Supreme Court Asks IT Department, CBDT to Upgrade its Software |
| Fri, 27 Sep 2024 10:48:13 IST |
| Supreme Court while hearing an appeal on imposition of surcharge due to an error in the Central Processing Centre of Revenue, has observed that the technological impediment cannot be a reason for harassing an assessee year after year and immediate steps must be taken to upgrade the software. |
| CRIMINAL - SC: Relevant to Examine Whether Accused is Aware of Ingredients of Offence for Which He Is Convicted |
| Fri, 27 Sep 2024 10:48:03 IST |
| SC has observed that law is well-settled that in order to judge whether a failure of justice has been occasioned, it will be relevant to examine whether the accused was aware of the basic ingredients of the offence for which he is being convicted. |
| CYBER LAWS - Bom. HC: Division Bench Declares Amendment to IT Rules, 2021 as Unconstitutional |
| Fri, 27 Sep 2024 10:47:51 IST |
| Division Bench of Bombay High Court while allowing the appeals against amendments to IT Rules, 2021, has struck down the amendment that allowed Central Government to establish Fact Check Units (FCU) for identification of fake and false news. |
| ELECTION - SC: There Should be Reservation for Women in posts of Delhi High Court Bar Association |
| Fri, 27 Sep 2024 10:47:14 IST |
| Supreme Court has directed that there should be reservation for women in posts of Delhi High Court Bar Association. The Court further directed that out of 10 Executive Committee members, there should be atleast three women members. |
| DIRECT TAXATION - Cal HC: Enterprise Contracting with Govt Recognised Concessionaire Can be Granted Benefit of S. 80IA |
| Fri, 27 Sep 2024 10:47:03 IST |
| Calcutta High Court has held that benefit of deduction under Section 80IA(4) of the Income Tax Act, 1961 can be granted to an enterprise contracting with the assignee of a government recognised concessionaire for infrastructural facility. |
| CIVIL - SC: Courts Should Avoid Making Comments Which May be Construed as Being Misogynistic or Prejudicial |
| Thu, 26 Sep 2024 11:06:34 IST |
| SC while hearing a matter relating to controversial comments made by a judge of Karnataka High Court, has stated that Courts have to be careful not to make comments in the course of judicial proceedings which may be construed as being misogynistic or prejudicial to any segment of our society. |
| SERVICE - SC: Pending Investigation & Grant of Prosecution Sanction Not Enough to Adopt Sealed Cover Procedure |
| Thu, 26 Sep 2024 11:06:20 IST |
| SC has stated that in disciplinary/criminal proceedings against an employee, sealed cover procedure is to be resorted to only after issuance of charge-memo/charge-sheet is issued. Pending investigation & grant of prosecution sanction won't be sufficient to enable authorities to adopt the procedure. |
| ARBITRATION - Del. HC: Arbitral Tribunal Should Not Insist on Production of Document Classified as 'Top Secret' |
| Thu, 26 Sep 2024 11:06:10 IST |
| Del. HC has stated that if any information is stated to be protected and classified as 'Top Secret' under the Official Secrets Act, 1923 by Government of India and directly relates to defence of India, the Arbitral Tribunal should not insist on production of such document. |
| CIVIL - Orissa HC: Counter Affidavit Should Not be Made Bulky and Lengthy by Quoting Decisions of this Court |
| Thu, 26 Sep 2024 11:05:58 IST |
| Ori. HC has issued a standing order which states that there is a tendency to plead law in counter affidavits & to quote decisions of this Court. It is elementary that law need not be pleaded in pleadings. Counter Affidavit should not be made bulky and lengthy by quoting decisions of this Court. |
| CRIMINAL - Gauhati High Court Upholds POCSO Conviction Even in Absence of Medical Evidence |
| Thu, 26 Sep 2024 11:05:47 IST |
| Gau. HC has upheld the conviction of an accused under POCSO Act, 2012 on the ground that the testimony of the victim girl before the Trial Court, which has been corroborated by her statement recorded under Section 164 Cr.P.C is trustworthy, even though there was absence of a proper medical report. |
| CRIMINAL - Allahabad High Court: Once a Special Act Holds the Field, Provisions of General Law Would Not Apply |
| Thu, 26 Sep 2024 11:05:30 IST |
| All. HC has held that the Securities and Exchange Board of India Act, 1992 is a Special Act, which shall prevail over the general act, such as IPC, 1860 or CrPC, 1973. It is settled position of law that once a special Act holds the field, the provisions of general law would not apply. |
| CRIMINAL - Bom. HC: Every Harassment or Every Type of Cruelty Doesn't Attract Section 498A of IPC |
| Wed, 25 Sep 2024 10:54:08 IST |
| Bom. HC has stated that S. 498A of IPC doesn't attract every harassment or every type of cruelty. Prosecution has to establish that beating & harassment of wife was with a view to force her to commit suicide or to fulfill demand of dowry. Mere harassment for dowry or causing injury isn't cruelty. |
| PROPERTY - SC: Agreement for Sale to be Treated as Conveyance if Possession Handed Over Immediately |
| Wed, 25 Sep 2024 10:53:58 IST |
| Supreme Court has observed that explanation 1 to Article 25 of Schedule-I of the Maharashtra Stamp Act, 1958 makes it lucid that an agreement for sale is to be treated as a "conveyance" if either possession is handed over immediately or if it is agreed to be handed over within a particular time. |
| CRIMINAL - SC: For Purpose of Bail, Continued Incarceration With No Fault of Accused Would Enure to His Benefit |
| Wed, 25 Sep 2024 10:53:47 IST |
| Supreme Court while granting bail to an accused under the Prevention of Money Laundering Act, 2002 has observed that continued incarceration where the appellant is not entirely at fault for the completion of trial due to a prolonged delay, would enure to his benefit for the purpose of granting bail. |
| EDUCATION - BCI: Law Students to Declare Ongoing FIR, Criminal Case before Issuance of Final Marksheets & Degree |
| Wed, 25 Sep 2024 10:53:36 IST |
| BCI has issued a notification making it mandatory for law students to declare any ongoing FIR, criminal case, conviction, or acquittal before issuance of their final marksheets & degrees, failure of which shall result in strict disciplinary action, including withholding of final marksheet & degree. |
| CIVIL - SC: If Party Affected by Will Raises Dispute, Succession Can't Go Forward Without its Determination |
| Wed, 25 Sep 2024 10:53:20 IST |
| Supreme Court has stated that if there is a Will, it has to be honoured. If one of the parties, who will be affected by the Will coming into effect, challenges it on one ground or the other, the process of succession cannot go forward without determination of the dispute regarding the Will. |
| CRIMINAL - Del. HC: Directions Issued for Disbursal of Compensation to Victims of Sexual Abuse Under POCSO |
| Wed, 25 Sep 2024 10:53:08 IST |
| Delhi High Court has issued directions for disbursal of compensation to victims of sexual abuse where the offence committed falls within the ambit of the POCSO Act. The Court inserted Part F in the existing SOP framed in the backdrop of Delhi Victim Compensation Scheme, 2018. |
| CRIMINAL - Supreme Court: Accused Should Challenge UAPA Sanction at the Earliest |
| Tue, 24 Sep 2024 10:52:15 IST |
| Supreme Court has held that in ordinary circumstances challenge to sanction under UAPA should be raised at the earliest possible opportunity so as to enable the Trial Court to determine the question, for its competence to proceed further. |
| CRIMINAL - SC: Government is Under Obligation to Impart Sex Education & Awareness about POCSO Act |
| Tue, 24 Sep 2024 10:52:01 IST |
| SC has held that the obligation of the appropriate government and the commission under Section(s) 43 and 44 of the POCSO respectively, does not end at just spreading awareness about the provisions of the POCSO but also includes imparting sex education and awareness amongst the general public. |
| LAW OF MEDICINE - Del. HC: Can't Entertain Plea Challenging Rule Mandating Preservation of Unused Embryos |
| Tue, 24 Sep 2024 10:51:51 IST |
| Delhi High Court has refused to entertain a plea challenging the Rule mandating preservation of all unused gametes or embryos for use on the same recipient. The Court further stated that it cannot decide the policy of the State. |
| CYBER LAWS - Jh. HC: No Internet Facility to be Suspended on Ground of Conducting Examination |
| Tue, 24 Sep 2024 10:51:41 IST |
| Jharkhand HC has held that no internet facility, will be suspended within the State of Jharkhand on the ground of conducting any examination as it is now well established that shutting down of internet facility amounts to infringement of fundamental rights under Article 19 of Constitution of India. |
| EDUCATION - Ker HC: Effect of RPwD Act Can't be Taken Away by Conditions in Prospectus of Educational Institutes |
| Tue, 24 Sep 2024 10:51:30 IST |
| Kerala High Court has stated that the effect of the RPwD Act, 2016 cannot be taken away by certain conditions imposed in the prospectus of educational institutes. This does not mean that the State is powerless to adopt a uniform procedure when it comes to admissions to the Professional Colleges. |
| CRIMINAL - Raj. HC: PO Omitting to Mention Date of Arrest in Order Rejecting Bail is a Significant Oversight |
| Tue, 24 Sep 2024 10:51:18 IST |
| Rajasthan High Court has observed that the date of arrest of accused is an integral and crucial part of a bail order and the Presiding Officer omitting to mention it in the order rejecting the bail is a significant oversight. |
| TRUSTS AND SOCIETIES - PIL in Supreme Court to Investigate Use of Adulterated Ghee in Laddus Served at Tirupati Temple |
| Mon, 23 Sep 2024 10:51:26 IST |
| A Public Interest Litigation (PIL) has been filed in the Supreme Court to seek investigation in the alleged use of adulterated ghee containing animal fat in the laddus served at Tirupati Balaji. |
| HUMAN RIGHTS - NHRC Takes Suo Motu Cognizance of Death of 26 Year Old Due to Excessive Workload |
| Mon, 23 Sep 2024 10:51:16 IST |
| National Human Rights Commission (NHRC) has taken suo motu cognizance of death of a 26 year old Chartered Accountant who worked at Ernst & Young (EY). According to the media reports the death has been allegedly caused due to excessive workload at office. |
| CRIMINAL - SC Acquits Parents-in-Law Since Factum of Dowry Demand Wasn't Proved |
| Mon, 23 Sep 2024 10:51:05 IST |
| Supreme Court has acquitted parents-in-law of a deceased woman charged for committing dowry death on the ground that no factum of dowry demand was proved against the parents-in-law. |
| ELECTION - Supreme Court: Private Parties are Free to Change their Party Loyalties |
| Mon, 23 Sep 2024 10:50:54 IST |
| SC has held that private citizens are free to change their party loyalties, there is no bar on a private citizen professing loyalty to any political party. 52nd Constitutional Amendment laying down anti-defection laws deal with a particular evil which was defections within house of legislatures. |
| ARBITRATION - SC: Non-Signatory Party's Relationship with Signatory Signify Intention to be Bound by Arb. Agreement |
| Mon, 23 Sep 2024 10:50:44 IST |
| SC has stated that mutual intent of the parties, relationship of a non-signatory with a signatory, commonality of subject matter, composite nature of transactions and performance of contract are all factors that signify the intention of the non-signatory to be bound by the arbitration agreement. |
| LAND ACQUISITION - SC: Delay in Payment of Compensation is in Contravention of Article 300A |
| Mon, 23 Sep 2024 10:50:32 IST |
| Supreme Court has held that delay in the payment of compensation to the landowners after taking away ownership of their land from them is in contravention to the spirit of the constitutional scheme of Article 300A and the idea of a welfare State. |
| CRIMINAL - Supreme Court: No Professional is Immune from Being Prosecuted for His/Her Criminal Misdeeds |
| Mon, 23 Sep 2024 10:50:21 IST |
| SC has stated that every Advocate putting his signatures on Vakalatnamas & documents to be filed in Courts is presumed to have filed proceedings and put his/her appearance with all sense of responsibility & seriousness. No professional, is immune from being prosecuted for his/her criminal misdeeds. |
| CIVIL - AIBE: SC Allows Final Year Students to Appear in Examination on 24th November |
| Mon, 23 Sep 2024 10:50:11 IST |
| Supreme Court has allowed final year law students to appear in the All India Bar Examination (AIBE) scheduled to be held on 24th November, 2024. |
| LABOUR AND INDUSTRIAL - SC: Temporary Workers in Maharashtra's PWD Department Entitled to Holiday Benefit |
| Mon, 23 Sep 2024 10:50:00 IST |
| SC while granting relief to temporary workers engaged in the Public Works Department of Maharashtra, has observed that except the daily-wage employees, all other categories of employees are entitled to get such public holidays as are sanctioned by the Government for these categories of employees. |
| CIVIL - Karnataka High Court Posts Note on Live Streaming and Recording of Court Proceedings |
| Mon, 23 Sep 2024 10:49:49 IST |
| Karnataka High Court posted a note before live streaming of court proceedings and informed the public about Karnataka Rules on Live Streaming and Recording of Court Proceedings that prohibit individuals to use recordings of court proceedings or live stream. |
| CYBER LAWS - IT Rules Amendment 2023: Bombay High Court Strikes Down Amendment on Fact Check Units |
| Fri, 20 Sep 2024 17:33:20 IST |
| Bom. HC has struck down IT Rules Amendment 2023 that authorized the Central Government to establish Fact Check Units for identification of false or fake news on social media platforms. Justice Atul Chandurkar opined that the amendments are violative of Article 14 and 19 of the Constitution of India. |
| CIVIL - SC: Literal Construction to Be Considered if Language of Instrument/Document Is Clear & Unambiguous |
| Fri, 20 Sep 2024 10:58:09 IST |
| Supreme Court has held that it is a cardinal principle of interpretation that where the language employed in the instrument is clear and unambiguous, the common literary meaning ought to be assigned in interpreting the same and one should not fall back on any other inference. |
| MOTOR VEHICLES - SC: Cannot Attach Contributory Negligence of Driver Vicariously to Passengers |
| Fri, 20 Sep 2024 10:57:59 IST |
| Supreme Court has observed that the contributory negligence on the part of a driver of the vehicle involved in the accident cannot be vicariously attached to the passengers so as to reduce the compensation awarded to the passengers or their legal heirs as the case may be. |
| CRIMINAL - SC: In Acquittal Appeal, HC to Record Clear Finding While Reversing Judgement |
| Fri, 20 Sep 2024 10:57:48 IST |
| Supreme Court has observed that it is not permissible for the Appellate Courts to reverse a well reasoned judgement given by the Trial Court and if they do so a clear finding ought to be recorded by the Appellate Court while reversing it. |
| EDUCATION - SC Allows Candidate with 45% Speech & Language Disability to Pursue Medical Education |
| Fri, 20 Sep 2024 10:57:38 IST |
| Supreme Court has allowed a medical aspirant having nearly 45% speech and language disability to pursue medical education after the medical board constituted by the Court opined that the candidate is fit to be admitted in the MBBS course. |
| CRIMINAL - Bom. HC: Person Working as Waiter Where Women are Dancing Cannot be Booked for Obscenity |
| Fri, 20 Sep 2024 10:57:27 IST |
| Bombay High Court has held that a person working as a waiter in a bar and restaurant where women are dancing in obscene manner, cannot be booked for the offence of obscenity under section 294 of IPC, 1860 as he is merely performing his duties. |
| CIVIL - Orissa HC: Permanent Committee Can't Withhold Candidature Without Submitting Names to Full Court |
| Fri, 20 Sep 2024 10:57:16 IST |
| Orissa High Court has held that the Permanent Committee constituted for designation of Senior Advocates does not have the authority to restrict submissions to only those names meeting a specified cut-off score, or to withhold, eliminate, or defer any candidate's name. |
| CRIMINAL - MP HC: While Hearing Bail Plea of Juvenile, Gravity of Offence Shouldn't be Considered |
| Fri, 20 Sep 2024 10:57:06 IST |
| MP HC has held that the main object of the Juvenile Justice (Care and Protection of Children), Act, 2015 is to treat the juvenile offender with utmost care and caution. The gravity of offence should not be taken into consideration while considering his application for grant of bail. |
| MOTOR VEHICLES - Raj. HC: MACT Empowered to Recall Order if Obtained through Fraud or Misrepresentation |
| Fri, 20 Sep 2024 10:56:55 IST |
| Raj. HC has held that generally a Motor Accidents Claims Tribunal does not have the jurisdiction to deal with a review application under Order 47 of Code of Civil Procedure, 1908 (CPC) but if an order has been obtained through fraud or misrepresentation, it can recall the order through a review. |
| CRIMINAL - SC: Travesty of Justice if Convict is Unable to Get Benefit of Bail for Inability to Furnish Surety |
| Thu, 19 Sep 2024 10:51:23 IST |
| SC has held that it would be a travesty of justice if convict is unable to secure the benefit of bail order for his inability to furnish local surety. This will infringe the rights guaranteed under Article 21 of COI for the person, who continues to be detained despite a bail order in his favour. |
| CONSUMER - SC: Centre Made Party to Interpret the Word 'Person' Under Consumer Protection Act |
| Thu, 19 Sep 2024 10:51:12 IST |
| Supreme Court while hearing a issue whether charitable trust can be considered a "consumer", has made the Union of India a party in the case for assistance in interpretation of the word 'person' under the Consumer Protection Act, 1986. |
| ELECTION - Cabinet Accepts Recommendations Made by High Level Committee on 'One Nation, One Election' |
| Thu, 19 Sep 2024 10:51:02 IST |
| The Union Cabinet has accepted the recommendations of the High Level Committee on 'One Nation, One Election' that aims at holding simultaneous elections for Lok Sabha, State Legislative Assemblies and local bodies (Panchayats and Municipalities) in a phased manner. |
| ENVIRONMENT - SC: Head of Department to be Liable on Department's Failure to Comply With NGT Order |
| Thu, 19 Sep 2024 10:50:48 IST |
| SC has observed that if a Government Department fails to comply with the order of NGT, by a legal fiction under sub-section (1) of Section 28 of National Green Tribunal Act, 2010, the Head of the Department shall be deemed to be guilty of such failure and shall be liable to be proceeded against. |
| COMMERCIAL - SC: Provisions Prohibiting Pvt. Entities from License for Working on Nuclear Energy, Not Arbitrary |
| Thu, 19 Sep 2024 10:50:37 IST |
| SC has observed that Parliamentary regime envisages a calibrated exploitation of atomic power, subject to stringent safeguards, bearing in mind consequences of misuse. Provisions of Atomic Energy Act prohibiting pvt. parties to obtain license for working on nuclear energy, can't be called arbitrary. |
| ARBITRATION - SC: View that Delay Beyond 120 Days In Appeal u/s 37 Can't Be Condoned, May Require Reconsideration |
| Thu, 19 Sep 2024 10:50:25 IST |
| Supreme Court has held that the view that delay beyond the period of 120 days in preferring an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 cannot be condoned may require reconsideration in view of Section 43 of the Act. |
| CRIMINAL - Del. HC: Can Treat Offence Committed Overseas as Predicate Offence If Crime Proceeds Travel to India |
| Thu, 19 Sep 2024 10:50:13 IST |
| Del. HC has stated that if an offence has been committed in a foreign country under the laws of that country, the same can be treated as a predicate offence provided such offence has cross border implications in the sense that the proceeds of such crime has travelled to India. |
| CONTEMPT OF COURT - Supreme Court: State of Jharkhand Files Contempt Petition Against Central Government |
| Wed, 18 Sep 2024 10:14:28 IST |
| State of Jharkhand has filed a contempt petition against Centre for delay in appointment of Chief Justice of the Jharkhand HC. It was stated that unreasonable delays in the matters of appointment, after recommendations have been made by the Collegium are detrimental to the administration of Justice. |
| CRIMINAL - Supreme Court: Petitions Challenging Criminal Laws Withdrawn |
| Wed, 18 Sep 2024 10:14:19 IST |
| Supreme Court while disposing of petitions challenging the new criminal law, Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Adhiniyam, has given liberty to the parties to file fresh petitions which are more comprehensive. |
| CIVIL - SC: No Demolition Except for Unauthorised Construction to Take Place Without Permission of the Court |
| Wed, 18 Sep 2024 10:14:09 IST |
| SC while hearing pleas against bulldozer actions in several States, has ordered that there shall be no demolitions without seeking leave of the court. However such order would not be applicable for unauthorised constructions on public streets, footpaths, abutting railway lines or public spaces. |
| CRIMINAL - SC: Wikipedia to Remove Name of Victim in RG Kar Medical College Hospital Rape-Murder Case |
| Wed, 18 Sep 2024 10:13:58 IST |
| Supreme Court while hearing the suo motu case on rape and murder of a female doctor in the RG Kar Medical College Hospital, has directed Wikipedia to remove name of the victim from its pages. |
| FAMILY - MP High Court: Children Prolonging Proceedings at Cost of Father, Cannot be Allowed |
| Wed, 18 Sep 2024 10:13:48 IST |
| MP HC while dismissing a plea filed by children of a senior citizen father concerning the ancestral property, has observed that the children have only one device and one motive to prolong the proceedings but that cannot be allowed to be at the cost of the father, who is a senior citizen. |
| CUSTOMS - Del. HC: Customs Admin. While Initiating Procedure for Verification Must Specify Nature of Violation |
| Tue, 17 Sep 2024 10:32:19 IST |
| Delhi High Court has observed that the Customs Administration of the importing Party while initiating a procedure for verification must also specify whether it is required to undertake a verification to rule out forgery, seek minimum required information or verify the determination of origin. |
| CRIMINAL - Mad. HC Deals with Rampant Usage of Cool Lip Tobacco Products Amongst School Kids |
| Tue, 17 Sep 2024 10:32:09 IST |
| Madras High Court while hearing the plea on rampant usage of cool lip tobacco products amongst school kids, has stated that even though the Government of Tamil Nadu has taken due care to ban the product inside the state, this matter needs to be enquired in detail by the Court. |
| MOTOR VEHICLES - Insurance Company to be Liable Even if Insurance Policy Not Transferred |
| Tue, 17 Sep 2024 10:31:57 IST |
| Allahabad HC has stated that even if the insurance policy of vehicle is not transferred, the insurance company would become liable under the policy to the transferee of the vehicle. Therefore, the intention of the legislature is to make the insurance company liable immediately. |
| CONSUMER - Delhi High Court: Challenge to NCDRC Decisions Doesn't Always Lie in Delhi |
| Tue, 17 Sep 2024 10:31:45 IST |
| Delhi HC has observed that merely because the NCDRC is located in Delhi does not mean that, every challenge to its decision shall lie in Delhi HC. By allowing petitions to be filed only in Delhi HC merely on the basis of situs, may also jeopardize the right of access to justice. |
| LAND ACQUISITION - SC: Once Compensation is Determined, it is Payble Even in Absence of Any Representation or Request |
| Mon, 16 Sep 2024 10:55:38 IST |
| SC has held that when relief in nature of compensation is sought, once compensation is determined, the same is payable even in absence of any representation/request. In fact, a duty is cast on State to pay compensation to land losers as otherwise there would be a breach of A. 300-A of Constitution. |
| SERVICE - SC: Can't Consider Resignation Final Unless its Acceptance is Communicated to the Employee |
| Mon, 16 Sep 2024 10:55:27 IST |
| Supreme Court while allowing the reinstatement of an employee, has observed that internal communication regarding acceptance of resignation cannot be considered as acceptance of the resignation letter. Until such acceptance is communicated to the employee, resignation cannot be said to be accepted. |
| ELECTION - SC: Can't Reject Election Petition at Threshold When there is Compliance of Provisions of RP Act |
| Mon, 16 Sep 2024 10:55:16 IST |
| Supreme Court has held that an Election Petition should not be rejected at the very threshold when it discloses a cause of action and there is substantial compliance of the requirements provided under provisions of Representation of the People Act, 1951. |
| CRIMINAL - SC: Failure to Furnish Docs. Relied on by Detaining Authority is Violative of Article 22(5) of COI |
| Mon, 16 Sep 2024 10:55:05 IST |
| Supreme Court has held that failure to furnish copies of such documents relied on by the Detaining Authority which would deprive the detenu to make an effective representation would certainly amount to violation of the fundamental right guaranteed under Article 22(5) of the Constitution of India. |
| CRIMINAL - SC: Not Prudent for HC to Relegate Matter to Trial Court if there are Significant Delays |
| Mon, 16 Sep 2024 10:54:53 IST |
| SC has stated that if there are significant delays in a matter in which accused approached the High Court directly without first seeking relief from the Trial Court, it may not be prudent to relegate the matter to the Trial Court at a later stage. |
| CIVIL - Guj. HC: Lok Adalat Can Only Dispose of Matters Where there is Compromise Between Parties |
| Mon, 16 Sep 2024 10:54:42 IST |
| Guj. HC has held that Lok Adalat can only dispose of matters where there is compromise between parties however, in event when compromise is not arrived, then it should be referred to the court as provided under Section 20(5) of Legal Service Authority Act, 1987 for disposal in accordance with law. |
| LIMITATION - All. HC: No Period of Limitation in Suit for Declaration of Matrimonial Status of Parties |
| Mon, 16 Sep 2024 10:54:29 IST |
| Allahabad High Court has held that it is abundantly clear that no period of limitation is prescribed for a Suit or proceeding for declaration of matrimonial status of the parties as provided under the Explanation appended to Section 7 of the Family Courts Act, 1984. |
| CRIMINAL - SC: Alleged Involvement in Crime is No Ground for Demolition of Property |
| Fri, 13 Sep 2024 11:30:24 IST |
| Supreme Court has observed that alleged involvement in crime is no ground for demolition of a property. Moreover the alleged crime has to be proved through due legal process in a Court of law. The Court cannot be oblivious to such demolition threats inconceivable in a nation where law is supreme. |
| ARBITRATION - SC: App. for Extension of Time for Passing Arbitral Award Maintainable Even after Expiry of Period |
| Fri, 13 Sep 2024 11:30:12 IST |
| SC has held that application for extension of the time period for passing an arbitral award under Section 29A (4) read with Section 29A (5) of the Arbitration and Conciliation Act, 1996 is maintainable even after the expiry of the twelve-month or the extended six-month period, as the case may be. |
| CRIMINAL - Supreme Court: In Matters of Personal Liberty, Each Day's Delay Matters |
| Fri, 13 Sep 2024 11:30:02 IST |
| Supreme Court has held that in the matters pertaining to personal liberty of the citizens, the Authorities are enjoined with a constitutional obligation to decide the representation with utmost expedition. Each day's delay matters in such a case. |
| CRIMINAL - Supreme Court: No Grounds for High Court to Mandate Bail Bonds After Six Months in Custody |
| Fri, 13 Sep 2024 11:29:51 IST |
| Supreme Court has stated that there is no valid reason for the High Court to impose the condition whereby the bail bonds will have to be furnished by the petitioner after completion of six months in custody from the date of the High Court order. |
| CRIMINAL - SC: Witness Making Self-Incriminating Statements Can be Summoned as Additional Accused |
| Fri, 13 Sep 2024 11:29:40 IST |
| Supreme Court has held that he qualified privilege under the proviso to Section 132 of the Indian Evidence Act, 1872 does not grant complete immunity from prosecution to a person who has deposed as a witness and made statements incriminating himself. |
| CRIMINAL - SC Grants Bail to Delhi Chief Minister Arvind Kejriwal in Liquor Policy Scam Case |
| Fri, 13 Sep 2024 11:29:30 IST |
| Supreme Court has granted bail to Delhi Chief Minister Arvind Kejriwal in Delhi Liquor Policy scam case on considering the ground that the trial is unlikely to be completed in near future. |
| CRIMINAL - Del. HC: Preliminary Enquiry Against Unknown Persons Not Strictly Barred Under PC Act |
| Fri, 13 Sep 2024 11:29:19 IST |
| Del. HC has stated that preliminary enquiry against unknown persons may not be strictly barred under S. 17A of PC (Amendment) Act, 2018, if offenders are unknown, but at the same time the same cannot be used as a garb by the Investigating Agency to bypass the provision for seeking prior approval. |
| EDUCATION - Del. HC: Can't Delve into Domain of Experts in Assessing Functional Disability of Medical Aspirant |
| Fri, 13 Sep 2024 11:29:08 IST |
| Del HC has clarified that Court's power are not so expansive as to allow it to create or modify eligibility criteria for pursuing medical education. The standards relating to physical & mental fitness, are determined by experts & institutions with specialized knowledge in field of medical education. |
| SERVICE - Del. HC: Assessment of Employee's Performance Must be Limited to the Specified Year |
| Fri, 13 Sep 2024 11:28:56 IST |
| Delhi High Court has observed that an employee's assessment must solely be based on their performance in that particular year and incidents beyond that period cannot be used to either downgrade or upgrade an employee's rating. |
| MOTOR VEHICLES - Ker. HC: Can't Penalise Vehicle Owners for Glazing With Plastic Film if Confirming to Standards |
| Fri, 13 Sep 2024 11:28:46 IST |
| Ker. HC has held that State Government or its officials are not legally justified in penalising owners of motor vehicles, the windscreens or window glasses of which are maintained with "Safety Glass" or "Safety Glazing", including "Glazing Faced with Plastics" which conforms to the Indian Standard. |
| ARBITRATION - Cal. HC: When Monthly Paybale Amount Surpasses Threshold, Dispute Becomes Subject to Arbitration |
| Fri, 13 Sep 2024 11:28:34 IST |
| Calcutta High Court has held that when monthly payments required to be made exceed the statutory limit for matters falling within the scope of the West Bengal Premises Tenancy Act, 1997, the dispute becomes subject to arbitration if there is an arbitration clause in lease agreement. |
| CIVIL - SC: Can't Direct Legislature to Enact Law for Enforcement of Fundamental Duties |
| Thu, 12 Sep 2024 11:17:38 IST |
| SC while hearing a plea seeking enforcement of the Fundamental Duties under the Constitution of India, has observed that duties are very important but legislature cannot be directed to enact a law for the same. It's something which citizens or people of the country have to be conscious about. |
| SERVICE - Supreme Court: Can't Discriminate Amongst Homogenous Class of Candidates |
| Thu, 12 Sep 2024 11:17:29 IST |
| Supreme Court has observed that while determining eligibility of a candidate for appointment, discrimination cannot be done amongst homogenous class of the candidates merely on the basis of their date of admission to the same course through the same process. |
| CIVIL - SC: 2 Months Given to Uttarakhand for Rehabilitation Scheme for People to be Evicted by Railways |
| Thu, 12 Sep 2024 11:17:09 IST |
| Supreme Court has given two months time to the State of Uttarakhand to come up with a rehabilitation scheme for all the people who are to be evicted by Railway authorities in Haldwani. |
| PROPERTY - SC: Co-Owner with Undetermined Share in Joint Property Can't Transfer Entire Property |
| Thu, 12 Sep 2024 11:16:59 IST |
| Supreme Court has held that a co-owner of a property whose share is undetermined in that property cannot transfer it entirely without its partition being completed by metes and bounds. |
| CRIMINAL - SC: Information Regarding Rejection of Remission Application to be Immediately Given to Prisoner |
| Thu, 12 Sep 2024 11:16:49 IST |
| Supreme Court while hearing a suo motu plea regarding comprehensive policy strategy for the grant of bail to prisoners, has noted that prisoner must be immediately informed about the rejection of the remission application. |
| CRIMINAL - Bombay HC: Encouraging Woman in a Bar to Dance in Obscene Manner Doesn't Attract S. 294 of IPC |
| Thu, 12 Sep 2024 11:16:39 IST |
| Bombay High Court has held that a customer in a dance bar who encourages a woman to dance in an obscene manner cannot be booked under Section 294 of Indian Penal Code, 1860. |
| CRIMINAL - Del. HC: Maintenance Under DV Act Not Tethered on Inability of Wife/ Victim to Maintain Herself |
| Thu, 12 Sep 2024 11:16:30 IST |
| Delhi High Court has observed that unlike Section 125 of the Code of Criminal Procedure, 1973 maintenance under the Protection of Women from Domestic Violence Act, 2005 is not tethered on the inability of the wife/ victim to maintain herself. |
| CONTEMPT OF COURT - Del. HC: For Resolving Complex Disputed Factual Issues, Contempt Proceedings are Inappropriate |
| Thu, 12 Sep 2024 11:16:20 IST |
| Delhi High Court has held that for resolving disputed factual issues, initiation of contempt proceedings is not the appropriate forum. |
| CRIMINAL - Del. HC: Jurisp. for Grant of Bail is that Person Can't Be Deprived of His Right of Personal Liberty |
| Thu, 12 Sep 2024 11:16:10 IST |
| Del. HC has held that even if it is held that the twin conditions as provided in S. 45 of PMLA are not met, the jurisprudence for grant of bail is that person cannot be deprived of his right of personal liberty under Article 21 especially when there is a prospect of long incarceration. |
| FAMILY - MP HC: While Calculating Maintena. Amount, Loan Taken by Spouse Post Separation Can't be Considered |
| Thu, 12 Sep 2024 11:16:00 IST |
| MP HC has held that while calculating the amount of monthly payment of maintenance under Section 125 of the Code of Criminal Procedure, 1973, loan taken voluntarily by the husband post the couple's separation cannot be taken into consideration. |
| MOTOR VEHICLES - Kerala High Court: Tourist Vehicle Cannot Run its Service Like a Stage Carriage |
| Thu, 12 Sep 2024 11:15:50 IST |
| Kerala High Court has held that a tourist vehicle operator does not have a right to stop the vehicle to pick up or drop off passengers not included in the contract, enroute a journey. In other words, a tourist vehicle cannot run its service like a stage carriage. |
| SERVICE - Kar. HC: Daughter-In-Law Not Part of 'Family' Defined to Include Specific Relatives of Employee |
| Thu, 12 Sep 2024 11:15:39 IST |
| Karnataka High Court has stated that the lawmaker as a matter of policy has framed definition of 'family' to include specific relatives of the employee dying in harness and the daughter-in-law is not one of them. It is not within the domain of Courts to expand or constrict a statutory definition. |
| DIRECT TAXATION - Del HC: Ashish Agarwal Case Intended to Resolve Conflicting Views Expressed by Different High Courts |
| Thu, 12 Sep 2024 11:15:28 IST |
| Delhi High Court has observed that the directions in Ashish Agarwal case (MANU/SC/0581/2022; 2022 INSC 510) intended to resolve the impasse which ensued in light of the conflicting views expressed by different High Courts. |
| CRIMINAL - Ker. HC: Foreign Travellers Overstaying After Expiry of Docs. Can't be Treated as Infiltrators |
| Thu, 12 Sep 2024 11:15:18 IST |
| Kerala High Court has observed that foreign nationals who entered India with valid documents and continued to stay even after expiry of such documents cannot be treated as infiltrators under Section 14A of the Foreigners Act, 1946. |
| ELECTION - Bom. HC: Validity Granted to the Caste Certificate Cannot Be Challenged In Election Petition |
| Thu, 12 Sep 2024 11:15:07 IST |
| Bombay High Court has held that even an erroneous decision of the Caste Scrutiny Committee, granting validity to the caste certificate cannot be challenged in election petition. Election petition being a serious matter, no inquiry can be continued in to the status of the returned candidate. |
| DIRECT TAXATION - Del. HC: Reopening Assessment on Basis of Estimation Report by DVO isn't Sustainable |
| Thu, 12 Sep 2024 11:14:56 IST |
| Delhi High Court has observed that report/estimate of the Valuation Officer cannot be the sole ground for re-opening assessment under Section 148 of Income Tax Act, 1961. |
| CIVIL - Supreme Court: System Needs to be Made to Prevent Exploitation of Surrogate Mother |
| Wed, 11 Sep 2024 11:10:53 IST |
| Supreme Court while hearing pleas challenging surrogacy laws, has stated that there can be a database, so that the same lady is not exploited. A system must be there. Nobody is saying it's a bad idea, but at the same time, it can be badly used. |
| ELECTION - SC: HC Order to Hold 'One Day Elections' for Bar Association in Delhi, Stayed |
| Wed, 11 Sep 2024 11:10:43 IST |
| Supreme Court has stayed Delhi High Court's order in which it was held that elections to the Executive Committee of all bar associations in the national capital shall be held on a single day. |
| COMPANY - SC: NCLT to Exercise Power u/s 59 of Companies Act, if Applicant Victim of Open-and-Shut Fraud Case |
| Wed, 11 Sep 2024 11:10:33 IST |
| Supreme Court has observed that if, on facts, an open-and-shut case of fraud is made out and the person seeking rectification of the register of members was the victim, the National Company Law Tribunal would be entitled to exercise such power under Section 59 of the Companies Act, 2013. |
| CIVIL - SC Directs Registry to Not Accept Black & White Photographs Without Court's Permission |
| Wed, 11 Sep 2024 11:10:23 IST |
| Supreme Court has directed the registry to not to entertain any black and white photographs without prior permission of the Court. The Court stated that parties take full liberty in placing on record black and white photocopies of photographs, mostly which are blurred. |
| CRIMINAL - SC: Inordinate Delay in Conclusion of Trial Infringe Right of Accused Under Article 21 |
| Wed, 11 Sep 2024 11:10:12 IST |
| SC has observed that an accused has a right to a fair trial and while a hurried trial is frowned upon as it may not give sufficient time to prepare for the defence, an inordinate delay in conclusion of the trial would infringe the right of an accused guaranteed under Article 21 of the Constitution. |
| CRIMINAL - Supreme Court Stays Defamation Proceedings Against Shashi Tharoor |
| Wed, 11 Sep 2024 11:10:01 IST |
| Supreme Court has stayed criminal defamation proceedings against Congress MP Shashi Tharoor that were initiated over his "a scorpion sitting on a Shivling" remark. The Court stated that it is a metaphor and can be understood as pointing out to the invincibility of the person. |
| SERVICE - SC Clarifies Judgement on Entitlement of Govt. Employees to Increment Earned 1 Day Before Retirement |
| Wed, 11 Sep 2024 11:09:50 IST |
| Supreme Court has made clarifications in its judgement in the case The Director (Admn and HR) KPTCL & Others vs CP Mundinamani and others (MANU/SC/0366/2023; 2023 INSC 352) which held that government employees who get increment one day prior to their retirement are entitled to it. |
| SERVICE - SC: Not Recording Reasons of Appointment of Junior Officer as Judge Adv. Invalidates Proceedings |
| Wed, 11 Sep 2024 11:09:37 IST |
| Supreme Court has stated that the legal position is well settled that non-recording of reasons of appointment of an officer junior in rank as a Judge Advocate in the convening order invalidates the Court Martial proceedings. |
| ARBITRATION - SC: Referral Courts at Referral Stage Must Not Venture into Questions Involving Complex Facts |
| Wed, 11 Sep 2024 11:09:26 IST |
| Supreme Court has restated that once there is existence of a valid arbitration agreement, then referral courts at referral stage would not be justified to venture into contested questions involving complex facts. |
| CRIMINAL - Delhi HC: Centre Asked to Issue Instructions Regarding Identity of Victims in MTP Cases |
| Wed, 11 Sep 2024 11:09:14 IST |
| Del. HC has directed Director General, Health Services, Ministry of Health and Family Welfare, Government of India to issue suitable instructions to all concerned hospitals to ensure that identity of victim in cases of medical termination of pregnancy is not revealed and record is kept confidential. |
| CRIMINAL - Ker. HC: Centre to Consider Framing Sexual Harassment Laws With More Feminist Perspective |
| Wed, 11 Sep 2024 11:09:03 IST |
| Kerala High Court while pointing out lacunae in the PoSH Act, 2013, has stated that legislation doesn't focus on harassment faced by women seeking employment and there is a need for State to come out with a draft legislation from a more "feminist perspective". |
| CIVIL - Supreme Court: Litigant Whose Land was Illegally Occupied, Gets Relief |
| Tue, 10 Sep 2024 10:49:15 IST |
| Supreme Court has granted relief to a litigant whose land was illegally occupied by Maharashtra authorities sixty years ago. The Court directed the State Authorities to deliver peaceful possession of an alternate land as compensation. |
| EDUCATION - SC: Medical Students to Deposit Fee Arrears for Obtaining Certificates from College |
| Tue, 10 Sep 2024 10:49:03 IST |
| Supreme Court has directed medical students of Shri Guru Ram Rai Institute of Medical and Health Sciences College to deposit arrears from pending fee in order to obtain original documents from the college. |
| CRIMINAL - SC: Regarding Procedure for Summoning Persons, PMLA Prevails Over CrPC |
| Tue, 10 Sep 2024 10:48:51 IST |
| SC has observed that having regard to conjoint reading of Section 71 & 65 of the PMLA as also Section 4(2) & 5 of CrPC, there remains no doubt that provisions of PMLA will have the effect notwithstanding anything inconsistent therewith contained in any other law, including provisions of Cr.P.C. |
| CRIMINAL - Supreme Court Directs Protesting Doctors in State of West Bengal to Return to Work |
| Tue, 10 Sep 2024 10:48:40 IST |
| Supreme Court has directed the doctors in West Bengal, protesting against the rape and murder of a doctor at the RG Kar Medical College Hospital, to return to work. The Court stated that no punitive action shall be taken against such doctors who return to work by 5pm on Tuesday. |
| CRIMINAL - SC: Accused Already in Custody Can Apply for Anticipatory Bail in Another Case |
| Tue, 10 Sep 2024 10:48:28 IST |
| Supreme Court has held that an accused who is already in custody for an offence can seek anticipatory bail in another case as custody in one case does not have the effect of taking away the apprehension of arrest in a different case. |
| CIVIL - SC: Centre and Assam Govt.'s Response Sought on Deportation of 211 Foreign Nationals |
| Tue, 10 Sep 2024 10:48:17 IST |
| Supreme Court while hearing a petition regarding conditions of the detention centres in Assam, has sought response from Union Ministry of Home Affairs and the Assam State Government regarding the manner in which the 211 foreign nationals will be deported. |
| INTELLECTUAL PROPERTY RIGHTS - Del. HC: ANI Files Copyright Infringement Suit Against Producers of Netflix Series 'IC 814 |
| Tue, 10 Sep 2024 10:48:05 IST |
| Delhi High Court has issued notice to the producers of the Netflix Series 'IC 814 in a copyright infringement suit filed by Asia News International (ANI) filed on the ground that the Netflix series has used the footage of the news agency without due permission. |
| CIVIL - Ker. HC Restrains State Government from Transferring Elephants to Kerala |
| Tue, 10 Sep 2024 10:47:53 IST |
| Kerala High Court has restrained the State Government and Chief Wildlife Warden from allowing the transfer of elephants from other States to Kerala. This step was taken considering the bad condition of elephants in the State due to captivity. |
| ELECTION - MP HC: MP Municipalities (Second Amendment) Ordinance, 2024 has Retroactive Operation |
| Tue, 10 Sep 2024 10:47:42 IST |
| MP HC has held that MP Municipalities (2nd Amendment) Ordinance, 2024 has retroactive operation & would apply to cases, where although no confidence motion was moved prior to promulgation of the Ordinance, but still meeting to consider no-confidence motion was fixed after promulgation of Ordinance. |
| CRIMINAL - Raj. HC: Offences Under Section 420 and 405 of IPC Cannot be Invoked Together |
| Tue, 10 Sep 2024 10:47:30 IST |
| Rajasthan High Court while hearing the petition of an individual charged under Section 420 and 405 of Indian Penal Code, 1860, has reiterated that these two sections are antithetical to each other and cannot be invoked together against an accused person. |
| FAMILY - SC: Civil Courts or Family Courts Are In Better Position to Deal With Child Custody Cases |
| Mon, 09 Sep 2024 11:23:48 IST |
| SC has observed that Civil/Family Court dealing with child custody cases is in advantageous position. A child can be brought to play centre, where judicial officer can interact with the child. Access can be given to parties to meet child and Court dealing with custody matters can record evidence. |
| CRIMINAL - Supreme Court: CJ of Allahabad High Court to Ensure Speedy Conclusion of Trials |
| Mon, 09 Sep 2024 11:23:38 IST |
| SC has requested the Hon'ble CJ of Allahabad High Court to take appropriate measures in coordination with State Authorities and the concerned Presiding Officer of the concerned Courts for ensuring expeditious conclusion of trial particularly in heinous crimes and crimes against women and children. |
| ENVIRONMENT - SC: NEERI Directed to Classify Non-Polluting Industries with Help of CPCB |
| Mon, 09 Sep 2024 11:23:27 IST |
| Supreme Court has directed the National Environmental Engineering Research Institute (NEERI) to take assistance of the Central Pollution Control Board (CPCB) and classify and define non-polluting industries and has asked NEERI to call meetings of all stakeholders for the same. |
| CRIMINAL - Death Penalty Execution: SC to Lay Down Procedure to Avoid Delays Once Mercy Petition is Rejected |
| Mon, 09 Sep 2024 11:23:17 IST |
| Supreme Court has stated that, in order to avoid delay in execution of the sentence, it shall lay down the procedure required to be followed by the state and the judiciary once mercy petition of a convict has been rejected. |
| CIVIL - SC: Can't Use PIL Jurisdiction for Formulation of Centralized Rating Mechanism of Taxpayers |
| Mon, 09 Sep 2024 11:23:05 IST |
| SC while dismissing PIL seeking formulation and implementation of a centralized rating mechanism of taxpayers under the Central Goods and Services Tax Act 2017, has opined that this is a matter for the Parliament and the GST administration and PIL jurisdiction cannot be used for matters like these. |
| CIVIL - Jharkhand Govt. Approves Medical Insurance, Monthly Stipend for Lawyers |
| Mon, 09 Sep 2024 11:22:54 IST |
| Jharkhand Government has approved medical insurance of Rs. 5 Lakh for over 30,000 lawyers across the State. In addition to this, advocates aged 65 years and above shall receive a monthly pension of Rs 14,000, while newly enrolled advocates will be provided a monthly stipend of Rs 5,000. |
| SERVICE - SC: Employees of APSRTC Appointed in Region of Telangana to be Employees of TSRTC |
| Mon, 09 Sep 2024 11:22:43 IST |
| Supreme Court has held that individuals who were employees of Andhra Pradesh State Road Transport Corporation (APSRTC) and appointed in areas that have become part of Telangana shall continue as employees of the Telangana State Road Transport Corporation (TSRTC). |
| SERVICE - SC: Process of Judicial Appointments to Superior Court is Not the Prerogative of a Single Individual |
| Mon, 09 Sep 2024 11:22:33 IST |
| SC has observed that process of judicial appointments to a superior court is not the prerogative of a single individual. Instead, it is a collaborative and participatory process involving all Collegium members. Such a process ensures that principles of transparency and accountability are maintained. |
| CIVIL - SC: Can't Pass Uniform Directions in Matters of Evening Courts & Virtual Hearings at District Level |
| Mon, 09 Sep 2024 11:22:22 IST |
| Supreme Court while dismissing a petition seeking provisions of virtual hearing and evening courts at District level, has stated that these are matters of policy, one size fits all solutions cannot be laid down for the entire country. The Country is too complex to issue these kinds of directions. |
| EDUCATION - Seat Matrix Issue: Delhi High Court Rules in Favour of Delhi University |
| Mon, 09 Sep 2024 11:22:12 IST |
| Del. HC while dealing with issue of seat matrix and allocation at St. Stephen's College, has ruled in favour of DU and stated that if any college has any grievance regarding seat matrix it shall be sent to DU at least 3 months prior to initiation of the admission process for a new academic session. |
| EDUCATION - Ker. HC: 'Functionality Assessment Test' to be Done for NEET Aspirant With 50% Locomotor Disability |
| Mon, 09 Sep 2024 11:22:01 IST |
| Kerala High Court has directed the Trivandrum Medical College to conduct a "functionality assessment" test in order to assess whether a medical aspirant with 50% locomotor disability is eligible for the MBBS course. |
| LAW OF EVIDENCE - Calcutta High Court: Court Cannot Re-appreciate Evidence Under Guise of Patent Illegality |
| Mon, 09 Sep 2024 11:21:50 IST |
| Calcutta High Court has held that evidence cannot be re-appreciated by the Court under the guise of patent illegality as per the proviso to Section 34 (2-A) of the Arbitration and Conciliation Act, 1996. |
| CRIMINAL - Ker. HC: Person Incapable of Making Defence Due to 'Alzheimer's Dementia' Entitled to Protection |
| Mon, 09 Sep 2024 11:21:37 IST |
| Ker. HC has held that 'intellectual disability' referred to in Section 368 of the BNSS includes Alzheimer's Dementia. Therefore, a person suffering from 'Alzheimer's Dementia', which is of such a degree that renders him incapable of making his defence, is entitled to the protection under BNSS. |
| CRIMINAL - SC: No Minimum Sentence Prescribed for Conviction Under Section 304(A) and 338 of IPC |
| Fri, 06 Sep 2024 10:19:36 IST |
| Supreme Court has held that for conviction under Section 304(A) and Section 338 of the Indian Penal Code, 1860 , there is no minimum sentence prescribed but the term of sentence may extend to 2 years. The sentence can also be limited to fine without any term of imprisonment. |
| CRIMINAL - SC: Factum of Causing Injury Not Relevant When Accused Roped in as Member of Unlawful Assembly |
| Fri, 06 Sep 2024 10:19:25 IST |
| Supreme Court has stated that every member of an unlawful assembly is roped in to be held guilty of the offence committed by any member of that assembly in prosecution of the common object of that assembly and the factum of causing injury is not be relevant. |
| PROPERTY - Rights of Mutation: Del. HC Initiates Suo Motu PIL Over Lack of Policies for Mutation of Property |
| Fri, 06 Sep 2024 10:19:14 IST |
| Delhi High Court while initiating a suo motu PIL on the issue of absence of any policy regarding mutation of village properties notified as urbanized, has stated that the absence of a documentation mechanism by land-owning agencies post-urbanization disproportionately affects the urban poor. |
| CONTEMPT OF COURT - Delhi HC Issues Notice on Contempt Plea filed by ANI Media Private Limited |
| Fri, 06 Sep 2024 10:19:04 IST |
| Delhi High Court while taking strong objection against Wikipedia's submission regarding delay in appearance before the court, has issued notice on contempt plea filed by ANI Media Private Limited alleging non-compliance of judicial order by Wikipedia. |
| CRIMINAL - Meghalaya Govt. to SC: Circular Issued Regarding Prohibition of 'Two Finger test' on Rape Survivors |
| Fri, 06 Sep 2024 10:18:53 IST |
| State of Meghalaya has informed the Supreme Court that a circular has been issued in relation to the prohibition of 'Two Finger Test' on rape survivors and any doctor found conducting the test will be held guilty of misconduct and strict disciplinary action will be initiated. |
| CRIMINAL - All. HC: Can't Implicate Co-Accused u/s 149 when there is No Meeting of Mind Regarding Common Object |
| Fri, 06 Sep 2024 10:18:42 IST |
| Allahabad High Court has held that when other co-accused are not present at the spot where the offence was committed and when there is no meeting of mind with regard to any common object then the various co-accused persons cannot be implicated under Section 149 IPC, 1860. |
| CIVIL - SC: Execution Court Can Entertain Application u/s 28 of Specific Relief Act |
| Thu, 05 Sep 2024 11:11:27 IST |
| SC has held that an application under Section 28 of Specific Relief Act, 1963 either for rescission of contract or for extension of time, can be entertained and decided by the Execution Court provided it is the Court which passed the decree in terms of Section 37 of Code of Civil Procedure, 1908. |
| CIVIL - Supreme Court: Gujarat HC's Order Refusing Apology of Times of India, Stayed |
| Thu, 05 Sep 2024 11:11:08 IST |
| Supreme Court has stayed Gujarat High Court's order, refusing to accept the apology published by Times of India and directing the newspaper to publish a fresh apology with regard to wrong reporting of a Court hearing. |
| SERVICE - SC Expresses Displeasure Over Decision on Rajaji National Park Director's Appointment |
| Thu, 05 Sep 2024 11:10:57 IST |
| Supreme Court has expressed displeasure over Uttarakhand Chief Minsiter's decision to appoint an IFS officer as the director of Rajaji National Park despite being aware of the fact that disciplinary proceedings are pending against the officer. |
| CIVIL - Supreme Court's Order Regarding Marking Advocate Presence Put on Hold |
| Thu, 05 Sep 2024 11:10:46 IST |
| Supreme Court's order that only officers who are present in the Court or assisting the court shall be marked present, has been put on hold. |
| MOTOR VEHICLES - SC: Car Dealer Absolved from Liability for Death Caused During Test Drive by Manufacturer's Employees |
| Thu, 05 Sep 2024 11:10:35 IST |
| Supreme Court while dealing with a case of payment of compensation under the Motor Vehicles Act, 1988, has absolved a car dealer from the liability to pay compensation, on the ground that the dealer was neither the owner nor in control/ command of the vehicle at the time of accident. |
| CRIMINAL - MP HC: Transferring Accused Merely Because ICC Proceedings are Pending is Unjustified |
| Thu, 05 Sep 2024 11:10:25 IST |
| Madhya Pradesh High Court while quashing transfer order against accused under POSH Act, has observed that transferring an accused merely on account of pendency of the Internal Committee proceedings is not justified in absence of any recommendation of the committee. |
| CRIMINAL - Bom. HC: Bail Granted to Man on Ground of Having No Intention to Disrupt Public Peace |
| Thu, 05 Sep 2024 11:10:14 IST |
| Bombay High Court while granting bail to an accused booked for promoting and supporting Naxalism through his messages on social media, has observed that hat there was no disturbance of law and order or public order or peace and tranquility in the area after the said message was circulated. |
| FAMILY - Mad. HC: Courts Have Power to Grant Maintenance to Muslim Woman Who Has Filed for Divorce |
| Thu, 05 Sep 2024 11:10:02 IST |
| Madras High Court has observed that Courts under Section 151 of Code of Civil Procedure, 1908 have the power to grant interim maintenance to a muslim woman who has filed for divorce under the Dissolution of Muslim Marriage Act 1939. |
| CRIMINAL - Kar. HC: Offence Under Widlife Protection Act Shouldn't be Kept Pending for Very Long |
| Thu, 05 Sep 2024 11:09:50 IST |
| Karnataka High Court while dealing with a forest offence committed in the year 2008, has stated that offence under the Wildlife Protection Act, 1972 should not be kept pending for a very long time and the aim should be to complete trial expeditiously. |
| EDUCATION - SC: Board to Examine Whether Candidate with Speech Disability is Eligible for Medical Education |
| Wed, 04 Sep 2024 10:44:02 IST |
| Supreme Court has directed Byramjee Jeejeebhoy Government Medical College, Pune to constitute a medical board for examining whether a candidate with speech and language disability which is beyond 40% is eligible to get admission to MBBS Course. |
| CRIMINAL - SC: Principles of Natural Justice to be Read into While Dealing with Remission Cases |
| Wed, 04 Sep 2024 10:43:51 IST |
| Supreme Court has remarked that while deciding cases of grant of remission to convict, principles of natural justice will have to read into Section 432(3) of the Code of Criminal Procedure, 1973. It cannot be that on every default remission will be cancelled. |
| CIVIL - Supreme Court: Procedure to Admit Insufficiently Stamped Instruments Explained |
| Wed, 04 Sep 2024 10:43:40 IST |
| Supreme Court by extracting the steps to be followed as per Sections 33, 34, 35, 37, and 39 of the Karnataka Stamp Act, 1957, has explained the procedure regarding the admission of insufficiently stamped instruments as evidence. |
| CIVIL - Del. HC: Notices/Circulars Issued by DoE Should Not Be Restricted to English Language Alone |
| Wed, 04 Sep 2024 10:43:30 IST |
| Delhi High Court has stated that it is necessary that the notices/circulars issued by the Directorate of Education should not be restricted to the English language alone since this leads to significant barriers in communication and compliance by those for whom these circulars are meant for. |
| CIVIL - Delhi High Court: Can't Permit Political Party to Sponsor Print Media for Political Purpose |
| Wed, 04 Sep 2024 10:43:19 IST |
| Delhi High Court has stated that a political party cannot be permitted to sponsor the print media for political purpose, thereby stinging mud and making mischievous, false and defamatory imputations on the rival political parties. |
| INTELLECTUAL PROPERTY RIGHTS - Delhi High Court: T-Series Restrained from Using 'Ashiqui' Title |
| Wed, 04 Sep 2024 10:43:09 IST |
| Delhi High Court while granting interim injunction in favour of Mukesh Bhatt's film company, has restrained T-Series from using titles "Tu Hi Aashiqui", "Tu Hi Aashiqui Hai" and "Aashiqui" on the ground that the title 'Ashiqui' has become part of a recognised film series. |
| CRIMINAL - WB Govt. Passes 'Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024' |
| Wed, 04 Sep 2024 10:42:57 IST |
| West Bengal Government has passed the Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024 that seeks to amend the prescribed punishments for heinous acts of rape and sexual offences. The Bill aims at creating a safer environment for women and children in the State. |
| MOTOR VEHICLES - SC to State Govts.: Implement S 136A of MV Act for Electronic Monitoring & Enforcement of Road Safety |
| Tue, 03 Sep 2024 11:43:47 IST |
| SC has issued directions to all state governments to take immediate steps to implement Section 136A of Motor Vehicles Act, 1988 (MV Act), which provides for the electronic monitoring & enforcement of road safety and issue challans on the basis of footage from electronic enforcement devices. |
| CRIMINAL - SC: Bail Not to Be Denied on Ground That Trial Is Expedited |
| Tue, 03 Sep 2024 11:43:36 IST |
| SC while issuing notice in a Special Leave Petition filed by a dacoity-accused challenging the decision of Calcutta High Court rejecting his bail plea and directing the authorities to expedite the trial has observed that bail cannot be rejected merely on the ground that the trial will be expedited. |
| CRIMINAL - Violation of SC Order: SC Accepts Magistrate's Apology; Imposes Fine on Police Officer |
| Tue, 03 Sep 2024 11:43:25 IST |
| The Supreme Court has accepted the unconditional apology of the Magistrate and imposed a fine of Rs. 25,000 on the Police Officer, for the arrest and remand of an accused in violation of SC order granting him interim anticipatory bail. |
| CRIMINAL - Money Laundering Case: Supreme Court Grants Bail to Vijay Nair after 23 Months Custody |
| Tue, 03 Sep 2024 11:43:15 IST |
| The Supreme Court has granted bail to Vijay Nair, the former communications-in-charge of the Aam Aadmi Party, who was in custody for approximately 23 months, in the money laundering case related to the Delhi excise policy. |
| CRIMINAL - SC: Cannot Delay Implementation of Bail Order After Finding Accused Entitled To Bail |
| Tue, 03 Sep 2024 11:43:04 IST |
| The Supreme Court has ruled that once a court concludes that an accused is entitled to bail, it cannot postpone the implementation of the bail order, as doing the same may violate his rights guaranteed under Article 21 of the Constitution. |
| CRIMINAL - Delhi HC Dismisses Plea to Quash Defamation Case Against Arvind Kejriwal & Other AAP Leaders |
| Tue, 03 Sep 2024 11:42:54 IST |
| The Delhi High Court has rejected the plea filed by Chief Minister Arvind Kejriwal and other Aam Aadmi Party (AAP) leaders to quash a defamation case filed against them by a BJP leader for their remarks over alleged deletion of voters' names from electoral rolls in the national capital in 2018. |
| CRIMINAL - Uttarakhand HC Dismisses Bail Application of Haldwani Violence Accused, Abdul Malik |
| Tue, 03 Sep 2024 11:42:43 IST |
| Uttarakhand HC Court while dismissing the bail application of Abdul Malik, main accused in the Haldwani Violence case has observed that an appeal against the order of the Sessions Court refusing to grant bail could only be preferred before the Division Bench of High Court under Sec. 21 of NIA, 2008. |
| ENVIRONMENT - Bombay HC to Government: "Mandals" to Follow Idol Immersion Guidelines, Not to Use POP |
| Mon, 02 Sep 2024 11:47:21 IST |
| The Bombay HC has directed the state government to issue directions to all municipal corporations to impose 'strict conditions' on Mandals seeking to organise Ganeshotsav to not to use Ganpati idols made from Plaster of Paris (PoP), in view of CPCB's Guidelines on Idol Immersion banning use of PoP. |
| ELECTION - Delhi HC Dismissed Plea Challenging Nitish Kumar's Election as Party President |
| Mon, 02 Sep 2024 11:47:08 IST |
| The Delhi High Court has rejected a plea challenging the party elections of Janata Dal United (JDU) held in 2016 wherein Nitish Kumar was elected as President of the political party. |
| INTELLECTUAL PROPERTY RIGHTS - Bombay HC Imposes Fine on Premier Stationery for Breaching Infringement Order Protecting Fevicol Mark |
| Mon, 02 Sep 2024 11:46:57 IST |
| The Bombay High Court has slapped a fine of Rs. 50 lakh on Premier Stationery Industries Pvt. Ltd. for breaching its earlier order restraining Premier from using the Fevicol trademark owned by Pidilite Industries. |
| COMPANY - Gauhati High Court Sets Aside CCI Order Imposing Penalty on Cement Company |
| Mon, 02 Sep 2024 11:46:44 IST |
| The Gauhati High Court has set aside an order passed by the Competition Commission of India (CCI) imposing a penalty of Rs. 5,00,000 on a Star Cement Company for not complying with its Director General's directions. |
| FAMILY - MP HC:Depending on Facts, Wife Terminating Pregnancy without Husband Consent may be Termed as Cruelty |
| Mon, 02 Sep 2024 11:46:34 IST |
| The Madhya Pradesh High Court while upholding a family court's order dissolving the marriage of a couple, has observed that depending on the "facts of the case", a wife opting to terminate her pregnancy without her husband's consent "may" be termed as cruelty. |
| CRIMINAL - RG Kar Rape-Murder Case: Calcutta HC Releases Student, Leading March Towards State Secretariat |
| Mon, 02 Sep 2024 11:46:22 IST |
| The Calcutta High Court has directed the release of a student, Sayan Lahiri, who was booked for leading a march towards the State secretariat in Nabanna. The student was alleged to be the leader of the 'Paschim Banga Chhatra Samaj', an organisation which led a call for protests. |
| CRIMINAL - SC: S. 216 of CrPC Doesn't Give Right to Accused to File Fresh Application Seeking Discharge |
| Fri, 30 Aug 2024 14:38:46 IST |
| Supreme Court has held that Section 216 of CrPC does not give any right to the accused to file a fresh application seeking his discharge after the charge is framed by the court, more particularly when his application seeking discharge under Section 227 of CrPC has already been dismissed. |
| CRIMINAL - Cal HC: In Case of Identical Charges, Trial Findings Should Have Bearing on Disciplinary Proceedings |
| Fri, 30 Aug 2024 14:38:36 IST |
| Calcutta High Court has held that when the charges against the employee are similar, findings of the criminal proceedings should have bearing on disciplinary proceedings against such employee. |
| BANKING - Finance Ministry Clarifies that Members of Queer Community Can Open Joint Bank Accounts |
| Fri, 30 Aug 2024 14:38:26 IST |
| Ministry of Finance has issued a notification clarifying that members of the queer community can open a joint bank account and can also nominate their queer partner as a nominee in order to receive money in case of account holder's death. |
| SERVICE - Gau. HC: In Absence of Clear Guidelines for Recruitment Docs., Applicant Can't be Denied Appointment |
| Fri, 30 Aug 2024 14:38:16 IST |
| Gauhati High Court while hearing a petition for appointment of petitioner to the post of Junior Engineer, has held that if clear and proper guidelines regarding recruitment documents are absent, appointment to the job post cannot be denied to the applicant. |
| SERVICE - Raj. HC: Competent Authority Must Record its Satisfaction While Suspending a Civil Servant |
| Fri, 30 Aug 2024 14:38:06 IST |
| Raj. HC has held that in cases of suspension of civil servants the competent authority must record its satisfaction and if suspension is made merely on basis of the instructions given in circulars or merely by a word of mouth or by slip of pen, then that is nothing but colourable exercise of power. |
| CRIMINAL - SC: Can't Assume that Dowry & Gifts Given During Marriage are Entrusted to Parents-in-Law of Bride |
| Fri, 30 Aug 2024 10:48:34 IST |
| SC has reiterated the position that giving dowry and traditional presents at the time of the wedding does not raise a presumption that such articles are thereby entrusted to the parents in-law so as to attract the ingredients of Section 6 of the Dowry Prohibition Act, 1961. |
| EDUCATION - SC: NDMC Not Liable for Absorption of Staff of School Closed Without Approval |
| Fri, 30 Aug 2024 10:48:22 IST |
| SC has held that if a school is closed without prior approval as per Rule 46 of Delhi Education Act and Rules, 1973, the argument that the onus to absorb the surplus teaching and non-teaching staff would be that of the New Delhi Municipal Corporation, has no legal sanction and is not sustainable. |
| FAMILY - Del. HC: Rights of Women Under DV Act Must be Considered in Conjunction With Senior Citizens Act |
| Fri, 30 Aug 2024 10:48:10 IST |
| Del. HC has held that DV Act, 2005 primarily safeguards rights of women within domestic spheres and the right to reside in the matrimonial or shared household. However, this right must be considered in conjunction with the protections afforded to senior citizens under the Senior Citizens Act, 2007. |
| CRIMINAL - Scorpion on Shivling: Shashi Tharoor's Remark Not Only Defames PM Modi but Also RSS & BJP |
| Fri, 30 Aug 2024 10:47:58 IST |
| Del. HC while dealing with a defamation complaint, has held that Shashi Tharoor's 'Scorpion on Shivling' remark not only not only defame Shri Narendra Modi but the party represented by him i.e. BJP, including RSS and the members of the party for having accepted the leadership. |
| CONSTITUTION - Bom. HC: Can't Deny Citizenship to Child Just Because Parents Give up their Citizenship |
| Fri, 30 Aug 2024 10:47:46 IST |
| Bombay High Court has held that the acquisition of a foreign nationality by the child's mother who is a single parent, will not affect the citizenship status of the child. The child cannot be left 'stateless.' |
| FAMILY - Bombay High Court: Mere Desire of Child Not Sole Factor to Decide Custody |
| Fri, 30 Aug 2024 10:47:33 IST |
| Bom. HC has stated that mere desire of a child at a tender age is not a sole factor to be considered for taking decision in respect of the custody. The child at the tender age is not fully aware of his welfare. There is always tendency to be with parent with whom they are residing. |
| CRIMINAL - AP HC: Condition to Deposit Min. 20% Fine May be Relaxed by Court if Exceptional Case Made Out |
| Fri, 30 Aug 2024 10:47:11 IST |
| AP HC has held that, Appellate Court will be justified in imposing condition of deposit as provided in S. 148 of N.I Act, 1881. However, in a case, where Appellate Court is satisfied with the condition that deposit of 20% will be unjust, exceptions can be made for the reason specifically recorded. |
| FAMILY - Supreme Court: Custody Court Can Refuse to Grant Custody of Child to Natural Parents |
| Thu, 29 Aug 2024 15:15:18 IST |
| SC while reserving judgement in a custody case, has observed that a custody court can refuse to grant custody to the natural parents. It all depends on the welfare of the minor child. It is not axiomatic that the custody court will grant custody only on the basis of legal rights of the parties. |
| ENVIRONMENT - SC: All Vacancies in State Pollution Control Boards of NCR States to be Filled by 30th April, 2025 |
| Thu, 29 Aug 2024 15:15:05 IST |
| SC has directed that National Capital Region States will address the issue of filling in substantial vacancies in the State Pollution Control Boards on urgent basis and will endeavour to fill in the vacant posts, required to be filled in by directing recruitment, within a period of two months. |
| SERVICE - Del HC: Regular Training to be Provided to Officers Holding Summary Security Force Court Proceedings |
| Thu, 29 Aug 2024 15:14:54 IST |
| Del. HC has directed mandatory regular trainings of officers holding the Summary Security Force Court (SSFC) proceedings under the Border Security Force (BSF) Act and Rules and stated that the Presiding Officers have to be sensitized on these matters in order to safeguard the rights of the accused. |
| CRIMINAL - Allahabad HC: Extrajudicial Confession by its Nature is a Weak Piece of Evidence |
| Thu, 29 Aug 2024 15:14:42 IST |
| Allahabad HC while acquitting an accused in a murder case, has observed that extra judicial confession by its very nature is otherwise a weak piece of evidence. Unless the attending circumstances are such that the extra judicial confession is found convincing, not much weight can be accorded to it. |
| DIRECT TAXATION - Bom. HC: Assessment Can be Centralized by Department at One Place if there are Sufficient Reasons |
| Thu, 29 Aug 2024 15:14:30 IST |
| Bombay High Court while upholding the order u/s 127 of IT Act, 1961 transferring Assessee's case from the Assessing Officer in Mumbai to Assessing Officer in Delhi has observed that if there are substantial and imminent reasons and cause, the department can centralize the assessment at one place. |
| SERVICE - SC: Bank Employees App. Under SC Quota Entitled to Retain Post After their Caste is De-scheduled |
| Thu, 29 Aug 2024 11:26:21 IST |
| SC has held that person who joined service of a Nationalized Bank/GOI undertaking based on a certificate that identified him/her as belonging to SC/ST category in Karnataka, pursuant to State Govt's notifications, would be entitled to retain the position after the caste/tribe has been de-scheduled. |
| EDUCATION - SC: Committee to Review Recommendation on MBBS Admissions for Aspirants With Mental Health Condition |
| Thu, 29 Aug 2024 11:26:09 IST |
| Supreme Court has directed the expert committee constituted by the National Medical Council to review recommendation on MBBS admissions for aspirants with mental health condition under the quota for Persons With Disabilities (PwD). |
| CONTEMPT OF COURT - Supreme Court: Contempt Case Against DDA Over Tree Felling Shifted to CJI |
| Thu, 29 Aug 2024 11:25:58 IST |
| Contempt Case against Delhi Development Authority regarding the felling of trees shall now be heard by the bench led by the Chief Justice of India instead of Justice Abhay S Oka led bench. |
| CYBER LAWS - Del. HC: Deepfake Going to be a Serious Issue, Government Needs to Act on it |
| Thu, 29 Aug 2024 11:25:47 IST |
| Delhi High Court has held that deepfake technology is going to be a serious menace in the society and the Union Government has to act on the issue. The Court further stated that the antidote for fake AI would be technology only. |
| ARBITRATION - Cal. HC: Application u/s 34 of A&C Act Falls Under Entry No. 2(c) of Schedule II of Court Fees Act |
| Thu, 29 Aug 2024 11:25:38 IST |
| Cal. HC has held that principal application u/s 34 of Arbitration and Conciliation Act, 1996 falls under Entry No. 2(c) of Schedule II of the Court Fees Act, 1870 and the Entry No. 1(10) of the Court Fees Act, 1870 prescribing higher fees for applications shall not extend to principal applications. |
| CRIMINAL - Bombay High Court: Girl Eloping With Paramour Can't be Booked for Cheating by Groom |
| Thu, 29 Aug 2024 11:25:27 IST |
| Bombay HC while quashing a FIR against a girl accused of cheating, has held that a girl who elopes with her paramour before marrying the groom cannot be booked for the offence as there is no whiff of any dishonesty or intention to deceive. |
| CRIMINAL - SC: Bail is the Rule and Jail is the Exception Even in PMLA Cases |
| Wed, 28 Aug 2024 15:06:34 IST |
| SC has held that S. 45 of PMLA, 2002 doesn't rewrite principle 'bail is the rule, jail is the exception' to mean that deprivation is the norm and liberty is the exception. All that is required is that in cases where bail is subject to satisfaction of conditions, those conditions must be satisfied. |
| CRIMINAL - SC: Unfortunate that People are Not Getting Bail Even in Magistrate Triable Cases |
| Wed, 28 Aug 2024 15:06:24 IST |
| Supreme Court while granting bail to an accused of forgery and cheating, has observed that it is very unfortunate that now people are not getting bail even in Magistrate triable cases and people have to come to the Supreme Court for this. |
| ARBITRATION - HP HC: When S. 29A(4) of A&C Act Applies, Application Under Section 151 of CPC Won't be Maintainable |
| Wed, 28 Aug 2024 15:06:12 IST |
| Himachal Pradesh High Court has held that when a particular provision exists under Section 29A(4) of the Arbitration and Conciliation Act, 1996 for extension of time of arbitration proceedings, application under Section 151 of Code of Civil Procedure, 1908 will not be maintainable. |
| CIVIL - Supreme Court: Registry to Give Explanation When Case Not Listed Despite Specific Orders |
| Wed, 28 Aug 2024 10:49:56 IST |
| Supreme Court has observed that when there is a specific order of the Court that a particular petition shall be listed, the minimum expectation from the Registry is that there will be some explanation placed on record why order of the Court is not complied with. |
| CRIMINAL - SC: Benefit of Proviso to S.45 of PMLA Can't be Denied to Woman Merely Because She is Well Educated |
| Wed, 28 Aug 2024 10:49:43 IST |
| Supreme Court has observed that merely because a woman is highly educated, or sophisticated or a Member of Parliament or a Member of Legislative Assembly, she should not be denied the benefit to proviso to Section 45(1) of PMLA Act, 2002. |
| CIVIL - SC: MoRTH Directed to Establish Portal & Toll Free Number for Complaints of Encroachment on Highways |
| Wed, 28 Aug 2024 10:49:32 IST |
| Supreme Court has directed the Ministry of Road Transport and Highways (MoRTH) to create a portal on which citizens can lodge complaints about the encroachments on highways and a facility of a toll-free number should also be created. |
| LAW OF MEDICINE - SC Stays Ministry of Ayush's Notification Omitting Rule 170 of the Drugs and Cosmetics Rules, 1945 |
| Wed, 28 Aug 2024 10:49:20 IST |
| Supreme Court has stayed Ministry of Ayush's notification issued on 1 July, 2024 whereunder, the Drugs (Fourth Amendment) Rules 2024, have been notified, stating that Rule 170 of the Drugs and Cosmetics Rules 1945 shall stand omitted. |
| CIVIL - Supreme Court: Discontent Expressed Over Size of Apology Published by IMA |
| Wed, 28 Aug 2024 10:49:08 IST |
| Supreme Court while expressing discontent with the size of the apology published by Indian Medical Association's President Dr RV Asokan over statements made against the Court, has directed that physical copies of the published apology ads too be placed on record within one week. |
| ARBITRATION - SC: Courts and Arbitral Tribunal Have Duty to Examine the Clauses of Contract |
| Tue, 27 Aug 2024 15:12:05 IST |
| Supreme Court while upholding Calcutta High Court's decision to set aside arbitrator's decision, has observed that it is the duty of every Arbitral Tribunal and Court alike and without exception to examine what the contract provides, for contract is the foundation of the legal relationship. |
| OTHER TAXES - Bom. HC: Water Tax to be Paid by Owner Even if They Do Not Consumer Water from BMC |
| Tue, 27 Aug 2024 15:11:53 IST |
| Bom. High Court has stated that Municipal Corporation can levy 'water tax' under Section 140(1)(a)(i) of the Mumbai Municipal Corporation Act, 1888 once facility of water supply is made available to the owner/occupier of a property and whether he actually consumes water or not becomes immaterial. |
| PROPERTY - Raj. HC: Rule 76 of Raj. Minor Mineral Concession Rules Applicable When Lease Holder Dies Intestate |
| Tue, 27 Aug 2024 15:11:42 IST |
| Rajasthan High Court has held that Rule 76 of Rajasthan Minor Mineral Concession Rules, 2017 which provides for procedure of mutation of the mineral license, shall only be applicable when the lease holder dies intestate, without any will. |
| CRIMINAL - Supreme Court: Judge Not A Mere Post Office to Frame Charge at Behest of Prosecution |
| Tue, 27 Aug 2024 11:43:04 IST |
| SC while quashing two orders passed by Special Judge, CBI, has observed that judge is not a mere post office to frame the charge at the behest of prosecution and must exercise judicial mind to the facts of the case in order to determine whether a case for trial has been made out by prosecution. |
| SERVICE - SC Grants Relief of Regularization to Woman Who Served Department for Thirty Years |
| Tue, 27 Aug 2024 11:42:53 IST |
| SC has directed regularization of services of a woman engaged as a water woman who had served the department for a period of thirty years but was not regularized on the ground that she was a paid part-time 'water woman' who was being paid per month on the basis of the number of working hours. |
| CONSUMER - SC: Dominant Intention to be Looked Into to Decide Whether Transaction Was Commercial |
| Tue, 27 Aug 2024 11:42:42 IST |
| Supreme Court has stated that it is the dominant intention of the transaction that is to be looked into to find out if it had any nexus with some kind of profit generation as part of the commercial activities. |
| EDUCATION - Del. HC: Denying Admission After Seat Allotment by DoE Violates Objective of RTE Act |
| Tue, 27 Aug 2024 11:42:31 IST |
| Delhi High Court has observed that if a student is denied admission once he/she has been allotted seat by the Directorate of Education (DoE), it would be violative of objectives which the Right to Education Act, 2009 seeks to achieve. |
| CIVIL - Del. HC Uphelds Constitutional Validity of Rule 4 of Delhi High Court (Original Side) Rules, 2018 |
| Tue, 27 Aug 2024 11:42:20 IST |
| Delhi High Court has upheld the constitutional validity of Rule 4, Chapter VII of the Delhi High Court (Original Side) Rules, 2018 which makes it mandatory to file a written statement within a period of 120 days, including non-commercial matters. |
| INTELLECTUAL PROPERTY RIGHTS - Bombay High Court: Temporary Relief Granted to US Fast-Food Giant "Burger King" |
| Tue, 27 Aug 2024 11:42:09 IST |
| Bombay High Court has granted temporary relief to United States food giant 'Burger King' and restrained a food joint based in Pune from using the trademark 'Burger King'. |