| LAW OF MEDICINE - P&H HC: Woman Can Terminate Pregnancy without Consent of Husband When Living Separately |
| Wed, 15 Jan 2025 15:49:51 IST |
| Punjab and Haryana High Court has held that a woman can get her pregnancy terminated without the consent of the husband when she is living separately without obtaining divorce. |
| GOODS AND SERVICES TAX - AP HC: Supply of Solar Generating Power Station is Not Works Contract |
| Wed, 15 Jan 2025 15:49:41 IST |
| Andhra Pradesh High Court has observed that supply of solar generating power station is a composite supply and would not fall within the ambit of works contract. Additionally it is a moveable property and would attract 5% GST. |
| DIRECT TAXATION - Delhi HC: AO Needs to be Satisfied that Accommodation Entries in Show Cause Notice Exist |
| Wed, 15 Jan 2025 15:49:31 IST |
| Delhi HC has observed that the Assessing Officer is required to be satisfied that accommodation entries in show cause notice exist particularly where the assessee has produced its accounts to show that the value of transactions is not as stated in the notice under Section 148A(b) of the IT Act. |
| CIVIL - Calcutta High Court Pulls State Government Over Lack of Funds |
| Wed, 15 Jan 2025 15:49:21 IST |
| Calcutta High Court pulled up the State Government over lack of funds and stated that it is a very sorry state of affairs that there is no money for purchase of paper in any of the district courts and no money has been sanctioned for purchase of cartridges. |
| CRIMINAL - Delhi HC Grants Custody Parole to Tahir Hussain for Subscribing Oath & Filing Nomination Papers |
| Wed, 15 Jan 2025 15:49:10 IST |
| Delhi High Court while granting custody parole to Tahir Hussain for subscribing Oath and for filing nomination papers in upcoming Assembly Elections, has directed the State to facilitate completion of formalities. |
| CRIMINAL - Kerala High Court: Body Shaming is Not Acceptable in Our Society |
| Wed, 15 Jan 2025 15:49:00 IST |
| Kerala High Court in an order granting bail, has observed that body shaming is not acceptable in our society. Comments about the body of a person as too fat, too skinny, too short, too tall, too dark, too black etc. should be avoided. |
| CIVIL - Supreme Court Issues Directions for Ensuring Toilet Facilities in Court Premises |
| Wed, 15 Jan 2025 15:48:50 IST |
| SC while issuing directions for ensuring toilet facilities in court premises for women, physically disabled persons, transgender persons, etc, has directed State Government and Union Territories to allocate sufficient funds for the construction, maintenance and cleanliness of toilet facilities. |
| CIVIL - Calcutta High Court's Judge Suspends Video-Conferencing Due to Lack of Decorum |
| Wed, 15 Jan 2025 15:48:40 IST |
| Calcutta High Court's judge suspended virtual appearance of advocates in his court on the grounds of lack of decorum and ill-behaviour on part of advocates. |
| CIVIL - SC: Necessary to State Whether Decision Resolves Dispute between Parties or Lays Down Precedent |
| Tue, 14 Jan 2025 11:21:29 IST |
| SC has observed that it is necessary to be cautious in our dispensation and state whether a particular decision is to resolve the dispute between the parties and provide finality or whether the judgment is intended to and in fact declares the law under Article 141 of COI. |
| CRIMINAL - SC: Proceedings under Section 125 of CrPC are Civil in Nature |
| Tue, 14 Jan 2025 11:21:17 IST |
| SC has observed that maintenance proceedings under Section 125 of Code of Criminal Procedure, 1973 are essentially civil in nature and even if non-compliance with an order for payment of maintenance entails penal consequences such proceedings would not qualify as or become criminal proceedings. |
| FAMILY - Cal. HC: Alimony Sought Must be Commensurate with Actual Status of Spouses |
| Tue, 14 Jan 2025 11:21:06 IST |
| Cal. HC has held that while determining alimony the question is not what are the actual daily requirements of the wife but as to what is the perceived requirement of the wife, taking into account not only her daily bread but her other necessities commensurate with the status of both spouses. |
| ARBITRATION - Cal. HC: Must File Application u/s 8 of A&C Act Before or Simultaneously With Written Statement |
| Tue, 14 Jan 2025 11:20:55 IST |
| Cal. HC has held that while determining alimony the question is not what are the actual daily requirements of the wife but as to what is the perceived requirement of the wife, taking into account not only her daily bread but her other necessities commensurate with the status of both spouses. |
| CIVIL - Delhi HC: Delhi Government 'Dragged its Feet' While Placing CAG Reports before Assembly |
| Tue, 14 Jan 2025 11:20:44 IST |
| Delhi HC while hearing a plea seeking direction on Delhi Government to place before Legislative Assembly 14 Comptroller and Auditor General (CAG) reports, has orally remarked that the way Delhi Government dragged its feet on placing various reports is unfortunate. |
| ARBITRATION - HP HC: Mentioning of Wong Provision Not Fatal to Application |
| Tue, 14 Jan 2025 11:20:32 IST |
| HP High Court while hearing an application filed under S. 151 of CPC rather than Section 29A of A&C Act, has held that it is well-settled law that mere mentioning of an incorrect provision is not fatal to the application if the power to pass such an order is available with the court. |
| CRIMINAL - Del. HC: Support to Terrorist Organisation through Money or Networking is Prohibited under UAPA |
| Tue, 14 Jan 2025 11:20:06 IST |
| Delhi HC has stated that Section 39 of UAPA proscribes support to a terrorist organization which could include monetary support, assistance in arranging meetings, managing meetings to support or furthering the activity of the terrorist organization and such activities are clearly prohibited. |
| CIVIL - Ker. HC Declares Rule 12(9) of the Kerala Paddy Land and Wetland Rules as Ultra Vires |
| Tue, 14 Jan 2025 11:19:55 IST |
| Kerala High Court has declared Rule 12(9) of the Kerala Paddy Land and Wetland Rules that levy a fee for the area of a building exceeding 3000 square feet proposed in lands falling under the Kerala Conservation of Paddy Land and Wetland Act, 2008 as ultra vires. |
| CRIMINAL - Allahabad HC Stays Criminal Proceedings on Ground of Inordinate Delay Caused by State |
| Tue, 14 Jan 2025 11:19:44 IST |
| Allahabad High Court has stayed criminal proceeding in a thirty four year old case after taking into account that inordinate delay was caused by the State in concluding the case. |
| INSOLVENCY - NCLAT Upholds Canara Bank's Claims for Loans Advanced to CD on behalf of Homebuyers |
| Tue, 14 Jan 2025 11:19:33 IST |
| NCLAT New Delhi bench has upheld the claims of Canara Bank for loans advanced to the corporate debtor (CD) on behalf of the Homebuyers for the reason that a tripartite agreement was executed between the parties for refund of entire amount. |
| INSOLVENCY - NCLAT: Claims Subsequent to Cut-off Date to be Dealt as Per RP by Adjudicating Authority |
| Tue, 14 Jan 2025 11:19:14 IST |
| NCLAT New Delhi bench has held that claims that are filed subsequent to cut off date shall be dealt in accordance with the Resolution Plan approved by the Adjudicating Authority. |
| INSOLVENCY - NCLAT: While Dismissing Appeal for Non-Prosecu., Adj. Authority Can't Direct Dismissal on Merits Too |
| Tue, 14 Jan 2025 11:19:02 IST |
| NCLAT New Delhi bench has held that when an adjudicating authority dismisses an appeal on ground of non- prosecution, it cannot add a direction that appeal is dismissed on merits as well. |
| INSOLVENCY - NCLAT: Adjudicating Authority Can't Decide Workers' Claims for Layoff Period Dues under ID Act |
| Tue, 14 Jan 2025 11:18:44 IST |
| NCLAT New Delhi bench has held that it is not within the domain of the Adjudicating Authority to decide whether the workers are entitled to claim their dues for the layoff period under provisions of Industrial Dispute Act, 1947. |
| INSOLVENCY - NCLAT: For Calculating Limitation Period, Period from 15.3.2020 to 28.2.2022 shall stand excluded |
| Tue, 14 Jan 2025 11:18:30 IST |
| NCLAT New Delhi bench has held that for the purpose of calculating the limitation period while filing an application under Section 9 of the IBC, period from 15.03.2020 to 28.02.2022 shall stand excluded as per Supreme Court judgment in "Re: Cognizance for Extension of Limitation"( MANU/SC/0108/2022) |
| INSOLVENCY - NCLAT: Can Seek Eviction of Tenant from Corporate Debtor's Property under Tenancy Law |
| Tue, 14 Jan 2025 11:18:18 IST |
| NCLAT New Delhi bench has held that eviction of tenant from corporate debtor's property can be sought under Tenancy law and Adjudicating Authority cannot exercise power of eviction under Section 60(5) of Insolvency and Bankruptcy Code, 2016. |
| LIMITATION - SC: All Statutes Should Stick to a Uniform Period of Limitation for Preferring Appeal |
| Mon, 13 Jan 2025 12:31:30 IST |
| Supreme Court has observed that the statutes ought not to provide different period of limitation for instituting suit, preferring appeal and making an application, rather all statutes should stick to a uniform period of limitation. |
| CIVIL - SC: Amendment in Plaint Due to Subsequent Development Constitutes Continuous Cause of Action |
| Mon, 13 Jan 2025 12:31:19 IST |
| Supreme Court has observed that an application filed to amend a plaint due to certain developments in the main cause of action shall constitute continuous cause of action and will not require any notice to the Government. |
| SERVICE - SC: Employers Insisting on Experience Gained After Obtaining Qualification Can Have Exceptions |
| Mon, 13 Jan 2025 12:31:06 IST |
| Supreme Court has observed that although, normally, experience gained after acquiring a particular qualification could justifiably be insisted upon by the employer, there could be certain exceptions. |
| CRIMINAL - SC: In Presence of Direct Reliable Witness, Non-Recovery of Weapon Won't Affect Prosecution's Case |
| Mon, 13 Jan 2025 12:30:52 IST |
| Supreme Court has observed that if direct reliable witnesses are present, non- recovery of weapon used in the crime will not be fatal for the prosecution's case. |
| LIMITATION - SC: Can't Condone Delay Based on Merits of Main Matter in Absence of Sufficient Explanation |
| Mon, 13 Jan 2025 12:30:41 IST |
| Supreme Court has observed that the court must not start with the merits of the main matter while considering an application for condonation of delay and first must assess the explanation offered by the party seeking condonation. |
| CRIMINAL - SC: Non-Compliance of Decree for Restitution of Conjugal Rights Won't Determine Wife's Maintenance |
| Mon, 13 Jan 2025 12:30:29 IST |
| SC has observed that a decree for restitution of conjugal rights secured by a husband coupled with non-compliance therewith by the wife would not be determinative straightaway either of her right to maintenance or the applicability of the disqualification under Section 125(4) of CrPC. |
| EDUCATION - SC: Students File PIL against BCI Directions Mandating Cri. Background Check, Simultaneous Degree |
| Mon, 13 Jan 2025 12:30:18 IST |
| Supreme Court has issued notice in public interest litigations filed by law students against the circulars issued by Bar Council of India that mandated criminal background check, declaration of simultaneous degree or employment before enrolling candidates for legal education or practice. |
| CIVIL - SC: Prior Registration Not Required under MSMED Act to Invoke Payment Dispute Resolution Mechanism |
| Mon, 13 Jan 2025 12:30:07 IST |
| Supreme Court has observed that it is not mandatory for the MSMEs to have prior registration under Section 8 of the Micro, Small and Medium Enterprises Development Act, 2006 in order to invoke the payment dispute resolution mechanism under Section 18 of the Act. |
| MOTOR VEHICLES - Kerala HC: Taxes on Motor Vehicles are the Exclusive Domain of the States |
| Mon, 13 Jan 2025 12:29:55 IST |
| Ker. HC has held that Central Government may lay down the principles by enacting a law or by subordinate legislation. However, the taxes on motor vehicles are the exclusive domain of the States Therefore, the Central Government would not have the power to prescribe for rate of tax on motor vehicles. |
| ENVIRONMENT - Supreme Court: Can't Cut Trees in Mumbai's Aarey Colony without Court's Permission |
| Mon, 13 Jan 2025 12:29:44 IST |
| Supreme Court has directed the Tree Authority of the Mumbai Municipal Corporation not to grant any permission for tree felling in Aarey colony area without prior permission of the Court. |
| CIVIL - SC Cautions Public about Fake Websites Impersonating its Official Website |
| Mon, 13 Jan 2025 12:29:33 IST |
| Supreme Court while cautioning the public about fake websites impersonating its official websites, has issued a public notice asking people not to share their confidential/financial information at the websites. |
| DIRECT TAXATION - Del. HC: Can Condone Delay in Issuing Requisition u/s 132A of IT Act Due to Dept's. Investigation |
| Mon, 13 Jan 2025 12:29:12 IST |
| Delhi High Court has held that court can condone delay in issuing requisition under Section 132A of the Income Tax Act, 1961 if the delay has occurred on account of investigations conducted by the Income Tax Department. |
| CUSTOMS - Del. HC: Customs Department Can't Encash Bank Guarantee If Pre-Deposit Already Made in Appeal |
| Mon, 13 Jan 2025 12:29:00 IST |
| Delhi High Court has affirmed that if a trader has made a pre-deposit with his appeal against the demand and penalty then the Customs Department cannot encash the bank guarantee furnished by such trader for recovering the remaining amount. |
| CIVIL - AP HC: Trial Court Shall Not Insist Compliance of Object. Not Given in CPC while Registering Plaint |
| Mon, 13 Jan 2025 12:28:28 IST |
| AP HC has stated that the Trial Court cannot insist compliance with such objections, which are not contemplated by the Code of Civil Procedure, 1908 or Civil Rules of Practice, at the stage of registration of plaint. |
| SERVICE - MP HC: Once Selection Process Culminates into Doc. Verification It Shouldn't Be Normally Cancelled |
| Mon, 13 Jan 2025 12:28:16 IST |
| MP HC has observed that once a selection process has culminated into the process of document verification after selection of a candidate, it should not be normally cancelled citing technical infirmities in the original advertisement which are curable and can still be remedied. |
| CIVIL - Del. HC: For Filing Additional WS After, Comm. Court Act Doesn't Prevent Appl. of Order 8 Rule 9 CPC |
| Mon, 13 Jan 2025 12:28:04 IST |
| Delhi HC has stated that there is nothing in the Commercial Courts Act, 2015 to suggest that the provisions of Rule 9 of Order VIII CPC shall not be applicable to Commercial Suits post the expiry of period of One Hundred and Twenty (120) days for filing of a written statement. |
| TRUSTS AND SOCIETIES - Mad. HC: Surplus Funds of Temple Cannot be used to Construct Shopping Complexes |
| Mon, 13 Jan 2025 12:27:50 IST |
| Madras HC has clarified that surplus funds of temple, which is a religious institution can be used only for the specified purposes and cannot be used to construct a shopping complex. |
| CRIMINAL - Tel. HC: Parent Who is Lawful Guardian Taking Child from Custody of Other Parent is Not Kidnapping |
| Mon, 13 Jan 2025 12:27:38 IST |
| Telangana HC has restated that if a parent who is the legal guardian of a child takes away the child from the custody of the other parent, such an act shall not amount to kidnapping. |
| CIVIL - Guj. HC: Can't Use Nylon Threads, Cotton Threads With Glass Coating for Flying Kites |
| Mon, 13 Jan 2025 12:14:33 IST |
| Gujarat High Court has banned glass-coated cotton threads, nylon threads for flying kite as they extremely dangerous for all including citizens, birds and animals. |
| CRIMINAL - P&H HC: While Adju. Pre-Arrest Bail Plea Manner in Which Accused is Arraigned in FIR is Important |
| Mon, 13 Jan 2025 12:14:22 IST |
| Punjab & Haryana High Court has explained that while adjudicating a plea for anticipatory bail, the court cannot remain oblivious to the circumstances under which the accused has been arraigned or implicated, including the nature of the allegations, the evidence linking the accused to the offence. |
| CRIMINAL - Ker. HC: Can Extend Principle of Res Ipsa Loquitur to Criminal Cases Only for Assessment of Evidence |
| Mon, 13 Jan 2025 12:14:10 IST |
| Kerala High Court has observed that the principle of Res Ipsa Loquitur can only be extended to criminal cases for aid in assessment of evidence. |
| SERVICE - MP HC: Punishment of Termination of Employee for Single Clerical Mistake 'Excessive' |
| Mon, 13 Jan 2025 12:13:59 IST |
| MP High Court has observed that for singular negligence in entire service career of the employee the harsh punishment of termination from service is excessive and the authority could have imposed minor penalty. |
| ARBITRATION - Delhi HC: Under Arbitration Act, Date of Receipt of Corrected Award Would be Taken as Disposal Date |
| Mon, 13 Jan 2025 12:13:47 IST |
| Delhi High Court has held that under Section 34(3) of the Arbitration and Conciliation Act, 1996 the date of receipt of corrected award would be taken as disposal date and this shall also be applicable on cases where an application under Section 33 of the Act has been filed. |
| DIRECT TAXATION - Del. HC: Assessing Officer to Decide Whether Case is Fit for Issuance of Notice u/s 148 of IT Act |
| Mon, 13 Jan 2025 12:13:34 IST |
| Del. HC has observed that Assessing Officer has to decide whether a case is fit for issuance of notice under Section 148 of IT Act, 1961 which would require the Officer to take a view in respect of the material available and form an opinion whether to reopen the assessment. |
| CRIMINAL - SC: Section 143 of Railways Act Seeks to Remedy Illegal Sale of Tickets Irrespective of the Mode |
| Fri, 10 Jan 2025 12:08:34 IST |
| SC has observed that Section 143 of Railways Act, 1989 makes no distinction between physical and online sale of tickets. The mischief that the provision seeks to remedy is that there should not be illegal and unauthorized procurement and sale of tickets, whatever be the mode - physical or online. |
| ARBITRATION - SC Sets Aside Ex-Parte Arbitration Awards against UP Government in Sham Arbitration Proceedings |
| Fri, 10 Jan 2025 12:08:23 IST |
| Supreme Court has set aside ex-parte arbitration awards passed against U.P. Government on grounds of fraud by litigant who self-appointed/nominated arbitrator and conducted sham arbitration proceedings. |
| CONSTITUTION - SC Dismisses Review Petition Filed against Verdict Refusing Recognition of Queer Marriages |
| Fri, 10 Jan 2025 12:08:13 IST |
| Supreme Court has dismissed review petitions filed against the judgement in which recognition of queer marriages was refused. |
| CIVIL - Supreme Court Explains When Does Plaintiff's Right to Sue Accrues in Civil Cases |
| Fri, 10 Jan 2025 12:08:03 IST |
| Supreme Court has explained that in a civil case, right to sue arises when there is a cause of action that justifies legal action and there has been an infringement of plaintiff's right by the defendant. |
| CRIMINAL - SC: Plea of Juvenility Not Properly Considered by Courts Can't be Treated as Final |
| Fri, 10 Jan 2025 12:07:53 IST |
| Supreme Court has held that when Courts fail to properly consider plea of juvenility it cannot be considered as final and parties can raise fresh plea of juvenility. |
| CIVIL - SC: Parties Must File 2nd Suit on Same Cause of Action within 3 Years of Rejection of Earlier Plaint |
| Fri, 10 Jan 2025 12:07:42 IST |
| Supreme Court has observed that a subsequent suit on the same cause of action must be filed by a party within three years from the rejection of the earlier plaint. |
| SERVICE - SC Hears Petitions on Whether Judges Should be Governed by OPS or NPS |
| Fri, 10 Jan 2025 12:07:32 IST |
| SC while hearing petitions on whether judges should be governed by old pension scheme (OPS) or National Pension Scheme (NPS) has observed that normally Courts don't enter into the domain of legislature/executive but if circumstances require, it would always be justified in invoking Art. 142 of COI. |
| CRIMINAL - SC Grants Benefit of Probation of Offenders Act to Accused on Ground of Settlement between Parties |
| Fri, 10 Jan 2025 12:07:22 IST |
| Supreme Court invoked its jurisdiction under Article 142 of COI and granted benefit of the Probation of Offenders Act, 1958 to the accused considering the fact that a settlement was reached between the parties and no criminal antecedents against accused were brought to the notice of the Court. |
| DIRECT TAXATION - Del HC: If Reassessment Notice Issued During Lifetime of Deceased Assessee, Dept. Can Invoke S. 159 |
| Fri, 10 Jan 2025 12:07:11 IST |
| Delhi High Court has held that the Income Tax Department can invoke Section 159 of the Income Tax Act, 1961 for proceeding against the legal representative of an assessee only when reassessment notice was issued during lifetime of deceased assessee. |
| ENVIRONMENT - Bombay HC Slams Maharashtra Government for Failing to Reduce Air Pollution |
| Fri, 10 Jan 2025 12:07:00 IST |
| Bombay High Court has slammed the Maharashtra Government for failing to reduce the air pollution levels in Mumbai and nearby cities and stated that construction sites stand first in the list of contributors to air pollution followed by heavy industries, which are classified as red industries. |
| LIMITATION - Bom. HC: In Appeal against Award of Compensation Court Can't Condone Delay Beyond 120-Day Period |
| Fri, 10 Jan 2025 12:06:51 IST |
| Bombay High Court has observed that court cannot condone delay beyond a period of 120 days in filing an appeal against the award of compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. |
| CIVIL - Delhi HC Constitutes Fact-Finding Committee to Conduct Investigation Issues in Equestrian Sports |
| Fri, 10 Jan 2025 12:06:39 IST |
| Delhi High Court has constituted a fact-finding committee for conducting a detailed investigation into issues of Equestrian sports in India that include assessment of infrastructure, participation and representation of athletes. |
| CIVIL - Bom. HC: Right to Travel is Required to be Not Only Recognised but Should be Made More Meaningful |
| Fri, 10 Jan 2025 12:06:29 IST |
| Bombay HC has observed that in the contemporary times traveling abroad cannot be considered to be a fanciful affair but has become an essential requirement of modern life. Thus, the right to travel is required to be not only recognised but should be made more meaningful. |
| CIVIL - Delhi. HC: Wrong Section in Application Not Fatal if No Prejudice Caused to Court/Opposite Party |
| Fri, 10 Jan 2025 12:06:19 IST |
| Delhi High Court has observed that courts generally prioritize substance over form, especially if the intention and relief sought by the party are apparent. If incorrect Section does not mislead the court or the other party and no prejudice is caused, the mistake is treated as a "curable defect". |
| CRIMINAL - Allahabad HC: Women Artists in Orchestras are Often Subjected to Sexual Harassment |
| Fri, 10 Jan 2025 12:06:08 IST |
| Allahabad High Court while stating that women artists who are part of orchestras are often subjected to sexual harassment, has emphasized on creating an environment where every artist can perform and express themselves freely without fear and intimidation. |
| CIVIL - Ker. HC: Create Website for Citizens to Report Construction of Unauthorized Boards/ Banners |
| Fri, 10 Jan 2025 12:05:56 IST |
| Kerala High Court while hearing a plea concerning unauthorized boards/ banners in public places, has suggested creation of a website where citizens can report complaints about unauthorized boards erected in any area of the State. |
| CRIMINAL - Utt. HC Grants Bail to Accused in UAPA Case after No Progress in Investigation in First 90 Days |
| Fri, 10 Jan 2025 12:05:46 IST |
| Uttarakhand High Court has granted bail to two accused implicated under UAPA Act, 1967 after noting that there was no substantial progress by the investigation agency in the initial ninety days of investigation. |
| CAPITAL MARKET - SC Directs SEBI to Examine Sahara Group's Joint Venture Agreement Proposed for Developing Land |
| Thu, 09 Jan 2025 12:16:28 IST |
| Supreme Court while hearing contempt petitions against Sahara Group of Companies, has directed the Security Exchange Board of India (SEBI) to examine Joint Venture Agreement of Sahara Group proposed for developing its Versova land. |
| MEDIA AND COMMUNICATION - Delhi HC: Regulatory Functions of TRAI Don't Extend to Seeking Information for Purpose of RTI Act |
| Thu, 09 Jan 2025 12:16:17 IST |
| Delhi HC has observed that the Telecom Regulatory Authority of India's (TRAI) regulatory functions do not extend to seeking information about individual complaints from Telecom Service Providers for the purpose of the Right to Information Act, 2005 (RTI Act). |
| GOODS AND SERVICES TAX - Finance Ministry Files Review Petition in Supreme Court's Safari Retreats Case Ruling |
| Thu, 09 Jan 2025 12:16:07 IST |
| Finance Ministry has filed a review petition in SC seeking review of its Safari Retreats Case judgement (MANU/SC/1080/2024; 2024 INSC 756) that allowed commercial real estate companies to claim input tax credits (ITC) on construction costs for commercial buildings meant for renting purposes. |
| LAW OF MEDICINE - Bombay HC Asks if a Woman with Below Average IQ has No Right to Become a Mother |
| Thu, 09 Jan 2025 12:15:57 IST |
| Bombay High Court while hearing a plea by a couple seeking termination of pregnancy of their mentally ill daughter, has asked if a woman with below average IQ has no right to become a mother. |
| CRIMINAL - SC Orders Release of Prisoner on Finding that He Was Juvenile at the Time of Offence |
| Thu, 09 Jan 2025 12:15:46 IST |
| Supreme Court has ordered release of a prisoner who spent 25 years in jail after finding that he was a juvenile at the time the offence was committed. |
| MOTOR VEHICLES - SC: Centre to Frame Cashless Treatment Scheme for Road Accident During 'Golden Hour' by 14th March |
| Thu, 09 Jan 2025 12:15:35 IST |
| Supreme Court has directed the Central Government to make a scheme for cashless treatment for victims of motor vehicle accidents during the "golden hour" in terms of Sub Section (2) of Section 162 of the Motor Vehicles Act, 1988. |
| CRIMINAL - SC Refuses to Interfere in Karnataka HC's Judgment regarding Police Custody within First 40 Days |
| Thu, 09 Jan 2025 12:15:25 IST |
| Supreme Court has refused to interfere in Karnataka High Court's judgement which held that under Section 187 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) offences which are punishable upto ten years of imprisonment, police custody of fifteen days must be sought within first forty days. |
| CIVIL - Supreme Court: Can't Commercially Exploit Land Meant for Poor |
| Thu, 09 Jan 2025 12:15:16 IST |
| Supreme Court has held that when land allocated under a special scheme, particularly one centred on "poorer classes" accommodation is sought to be commercially exploited, it represents a direct affront to the spirit of the enactment. |
| INTELLECTUAL PROPERTY RIGHTS - Del. HC Grants Relief to Manufacturer of 'INDI' Tapes Against 'INDEED' Tape Manufacturer |
| Thu, 09 Jan 2025 12:15:04 IST |
| Delhi High Court has granted relief to FMI Limited which is the manufacturer of 'INDI' tapes against a range of measuring tapes under the 'INDEED' mark bearing an identical trade dress. |
| CRIMINAL - Allahabad High Court: Rape Survivor Undergoes Two Crisis - the Rape and the Trial |
| Thu, 09 Jan 2025 12:14:54 IST |
| All. HC has observed that a woman who is raped undergoes two crises- the rape & the subsequent trial. While the first wounds her dignity, curbs her individual the second not only forces her to relive through traumatic experience, but also does so in glare of publicity in a totally alien atmosphere. |
| CRIMINAL - Ker. HC: To Prefer a Protest Petition, Complainant is Entitled to Her Own Section 164 CrPC Statement |
| Thu, 09 Jan 2025 12:14:44 IST |
| Kerala High Court has stated that in order to prefer a protest petition, a complainant can seek copy of her own statement recorded under Section 164 of Code of Criminal Procedure, 1973. |
| CRIMINAL - Gauhati HC: Courts Must Consider Releasing Accused on Probation Under 1958 Act |
| Thu, 09 Jan 2025 12:14:34 IST |
| Gauhati High Court has opined that a court may not grant benefit to the accused under Probation of Offenders Act, 1958 considering the facts of a case, however, consideration must be given for release on probation as it is right of the accused and duty of the courts. |
| CIVIL - Gau HC Asks Assam Govt. to Inform about Implementation of SOP on Medical Facilities for Transgenders |
| Thu, 09 Jan 2025 12:14:24 IST |
| Gauhati High Court has asked the Assam Government to provide information about implementation of Standard Operating Procedure (SOP) issued by the Union Ministry and Health & Family Welfare regarding treatment and medical facilities to be provided to the transgender community. |
| CRIMINAL - Ker. HC: Man Calling a Woman's Body Structure 'Fine' Amounts to Sexual Harassment |
| Thu, 09 Jan 2025 12:14:14 IST |
| Kerala High Court while refusing to quash an FIR, has observed that a man calling a woman's body structure 'fine' amounts to sexual harassment. |
| SERVICE - Tripura HC: Employer is under Obligation to Give Reasons for Not Filling Vacant Government Posts |
| Thu, 09 Jan 2025 12:14:04 IST |
| Tripura High Court has observed that if vacancy exists in any department under the Government or any other authority, and the same is not filled-up, then, it is the obligation of the employer to assign sufficient reason for not filling up the same. |
| CRIMINAL - Supreme Court: Can Compromise Grievous Hurt Offence in Exceptional Circumstances |
| Wed, 08 Jan 2025 11:14:01 IST |
| SC has held that while the offence of grievous hurt under Section 326 of IPC is non-compoundable under CrPC, 1973, the exceptional circumstances of a case including the voluntary settlement between the parties warrant the exercise of the Court's inherent powers to give effect to the compromise. |
| CRIMINAL - SC: Vehicle Owner from Whom Drugs are Recovered Can be Arrayed as an Accused in NDPS Case |
| Wed, 08 Jan 2025 11:13:51 IST |
| SC has stated that where the owner of the vehicle is the person from whom possession of contraband drugs/substances is recovered and where the contraband is recovered from the possession of the agent of such owner, in those cases owner of the vehicle can be arrayed as an accused in an NDPS case. |
| CRIMINAL - Supreme Court: Cap of 10 Years Experience Not Applicable to Post of Treasurer |
| Wed, 08 Jan 2025 11:13:40 IST |
| Supreme Court while hearing a plea seeking reservation for women lawyers in Delhi District Bar Associations, has clarified that cap of 10 years experience is not applicable to post of treasurer. |
| SERVICE - SC: States Have Enough Money to Give Freebies but Claim Financial Crunch While Paying Judges |
| Wed, 08 Jan 2025 11:13:30 IST |
| Supreme Court while hearing a petition filed in 2015 by the All India Judges Association, has remarked that the States seem to have sufficient money to provide freebies to individuals who don't work but claim financial hardship while paying salaries and pensions to judges of District Judiciary. |
| CONSTITUTION - Supreme Court to Hear Petition on Recognition of Queer Marriages on January 9 |
| Wed, 08 Jan 2025 11:13:21 IST |
| Supreme Court is set to hear the review petitions filed against the judgement refusing recognition of queer marriages on 9th January, 2025. |
| ENVIRONMENT - Uttarakhand High Court Orders Complete Ban on Mining Activities in Bageshwar District |
| Wed, 08 Jan 2025 11:13:11 IST |
| Uttarakhand High Court while hearing a Public Interest Litigation on alleged illegal mining activities in Bageshwar district, has directed complete ban on all mining operations on the ground that such activities have caused major environmental and safety concerns. |
| CONSUMER - Ker. HC: It is the Inherent Power of Consumer Commissions to Stay Execution of Order Under Challenge |
| Wed, 08 Jan 2025 11:13:01 IST |
| Kerala High Court has observed that Consumer Commissions have the inherent power to stay execution of an order passed by the District or State Commission subject to the condition of the appellant filing an application seeking the stay. |
| CIVIL - Ker HC: Not Necessary to Obtain Probate for Wills by Christians & Muhammadans after Amendment to ISA |
| Wed, 08 Jan 2025 11:12:50 IST |
| Kerala High Court has restated that considering the amendment made to Section 213(2) of the Indian Succession Act, 1925, it is not necessary to obtain probate for Wills executed by Indian Christians & Muhammadans. |
| CIVIL - P&H HC Asks Haryana Government to Provide Timeline for Establishing 'Elderly Helpline' |
| Wed, 08 Jan 2025 11:12:38 IST |
| Punjab and Haryana High Court has asked the Haryana Government to provide a timeline for establishment of elderly helpline under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and Haryana Maintenance of Parents and Senior Citizen Rules, 2009. |
| CONSUMER - Karnataka HC Refuses to Quash Communication Issued to Ola Electric in CCPA Investigation |
| Wed, 08 Jan 2025 11:12:27 IST |
| Karnataka High Court while refusing to quash communication issued to OLA Electric as part of a Central Consumer Protection Authority (CCPA) investigation against the company, has held that the communication directing OLA Electric to furnish documents has been issued in interest of the consumers. |
| CRIMINAL - SC: On Account of Defective Investigation Benefit Will Not Inure to Accused Persons |
| Tue, 07 Jan 2025 11:37:51 IST |
| SC has held that, on account of defective investigation the benefit will not inure to the accused persons on that ground alone. It is well within the domain of the courts to consider the rest of the evidence which the prosecution has gathered such as statement of eyewitnesses, medical report etc. |
| CRIMINAL - SC: Unnecessary to Implead Civil Authority in Bail Applications by Foreigners under Foreigners Act |
| Tue, 07 Jan 2025 11:37:41 IST |
| SC has held that it is unnecessary to implead civil authority or Registration Officer in bail applications by foreigners under Foreigners Act, 1946 as they have no locus to oppose such bail application unless bail is sought where allegation is of the offence punishable under Section 14 of the Act. |
| LAND ACQUISITION - SC Slams Maharashtra Authorities Over Non-Payment of Compensation for Land Acquistion |
| Tue, 07 Jan 2025 11:37:30 IST |
| Supreme Court has slammed Maharashtra authorities over non-payment of compensation for land acquisition by State in 2005 and has directed suitable action against the erring officials. |
| CRIMINAL - SC: Trial Court has Jurisdiction to Add Person Not Added as Accused to Face Trial |
| Tue, 07 Jan 2025 11:37:20 IST |
| SC has stated that u/s 319 of CrPC it is clear that trial court has undoubted jurisdiction to add any person not being the accused before it to face the trial along with other accused persons, if the Court is satisfied that the persons who have not been arrayed as accused should face the trial. |
| BANKING - SC: Bank is Responsible to Safeguard Customers against Fraudulent Transactions |
| Tue, 07 Jan 2025 11:37:10 IST |
| SC has stated that it is the responsibility of the bank to safeguard customers from unauthorized and fraudulent transactions and the Bank should remain vigilant. The Bank has the best of the technology available today to detect and prevent such unauthorized and fraudulent transaction. |
| CRIMINAL - Ker. HC: Ties of Accused with Ruling Political Party No Ground to Transfer Probe |
| Tue, 07 Jan 2025 11:36:58 IST |
| Kerala High Court has stated that the mere reason that the accused has political allegiance to the ruling political party is not a ground to transfer the investigation of the crime from the State Investigating Agency to the CBI. |
| ARBITRATION - AP HC: Court Can't Ignore Basic Principles of CPC while Deciding Petition u/s of Arbitration Act |
| Tue, 07 Jan 2025 11:36:48 IST |
| Andhra Pradesh High Court has observed that in deciding a petition under Section 9 of the Arbitration Act, the Court cannot ignore the basic principles of the CPC. At the same time, the power of the Court to grant relief is not curtailed by the rigours of every procedural provision in the CPC. |
| BANKING - Bom. HC: Delay in Submitting Export Documents Won't Result in Credit Ceasing to be 'Export Credit' |
| Tue, 07 Jan 2025 11:36:37 IST |
| Bom. HC while interpreting Reserve Bank of India's (RBI) 2015 Master Circular on Rupee/Foreign Currency Export Credit & Customer Service to Exporters, has stated that delay in submitting export documents once export has taken place will not result in Credit Ceasing to be an 'Export Credit'. |
| MINES AND MINERALS - Raj. HC: Can't Use Land Recorded As "For Mining Purposes" for Agricultural Purpose |
| Tue, 07 Jan 2025 11:36:23 IST |
| Rajasthan High Court has held that when the nature of land has been recorded as "for mining purposes" in the revenue records, the same cannot be used for agricultural purposes. |
| COMPANY - Supreme Court: Insolvency and Bankruptcy Code is a Complete Code in Itself |
| Mon, 06 Jan 2025 11:58:12 IST |
| Supreme Court while disapproving High Court's order interdicting a CIRP under Insolvency and Bankruptcy Code, 2016 (IBC) has held that IBC is a complete code in itself, having sufficient checks and balances, remedial avenues and appeals. |
| ARBITRATION - SC: Under Arbitr. Act, 1940 Period of Objection Starts from the Day Objector becomes Aware of Award |
| Mon, 06 Jan 2025 11:57:59 IST |
| Supreme Court has held that under the Arbitration Act, 1940, the period for filing objection commences from the date the objector is aware of the existence of the award and not from the date on which formal notice is received. |
| MEDIA AND COMMUNICATION - Ministry of Electronics and Information Technology Notifies Draft Digital Personal Protection Rules |
| Mon, 06 Jan 2025 11:57:47 IST |
| Ministry of Electronics and Information Technology has notified draft Digital Personal Protection Rules that propose to make parental consent compulsory for data-fiduciaries to process the personal data of children. |
| ARBITRATION - SC: High Court's interference in Arbitral Proceedings Permissible Only if Order Perverse |
| Mon, 06 Jan 2025 11:57:37 IST |
| Supreme Court has stated that High Court's interference in Arbitral Proceedings in exercise of its Writ Jurisdiction under Article 226 or 227 of Constitution of India is permissible only if the order is completely perverse i.e. that the perversity must stare in the face. |
| CRIMINAL - SC: Can't Transfer Trial Outside State Merely Due to Involvement of Political Personality |
| Mon, 06 Jan 2025 11:57:27 IST |
| Supreme Court has observed that transfer of a criminal case to another State cannot be allowed merely on the ground that a political personality is involved in that particular case. |
| MOTOR VEHICLES - Supreme Court: Action Needs to be Taken against Vehicles Not Complying with Orders |
| Mon, 06 Jan 2025 11:57:13 IST |
| Supreme Court while emphasizing on the importance of identifying vehicles by their fuel type in order to address the issue of vehicular pollution, has remarked that some action has to be taken against vehicles which are not compliant and only passing orders will not serve any purpose. |
| PROPERTY - SC: Unless Execution of Will Proved as Per Evidence Act, Its Mere Registration Will Not Make it Valid |
| Mon, 06 Jan 2025 11:57:02 IST |
| Supreme Court has restated that unless execution of will is not proved as per the requirements of Section 63 of the Indian Succession Act, 1925 and Section 68 of the Evidence Act, 1872, mere registration of such will would not make it valid. |
| INSOLVENCY - NCLAT: If Resolution Applicant's Plan Rejected by CoC, RA Can Participate in Fresh Invitation |
| Mon, 06 Jan 2025 11:56:50 IST |
| NCLAT New Delhi bench has held that if CoC disapproves resolution plan including revised plan submitted by the resolution applicant, the same resolution applicant can submit a fresh plan in a freshly issued invitation to expression of interest. |
| INSOLVENCY - NCLAT: Corporate Debtor's Last Payment within Limitation Period Amounts to Acknowledgement |
| Mon, 06 Jan 2025 11:56:39 IST |
| NCLAT New Delhi bench has held that Corporate Debtor's act of making last payment within the limitation period amounts to acknowledgement under Section 19 of the Limitation Act, 1963. |
| COMMERCIAL - SC: MCD has Power to Issue Tariff-Based Bids for Waste-To-Energy Project |
| Fri, 03 Jan 2025 11:42:29 IST |
| Supreme Court while hearing an appeal by Municipal Corporation of Delhi (MCD) against order of Appellate Tribunal for Electricity (APTEL), has upheld the MCD's power to issue tariff-based bids in Waste-to-Energy (WTE) projects under the Electricity Act, 2003. |
| CRIMINAL - SC: In CrPC the Term Complaint Means One Filed before Judicial Magistrate & Not Executive Magistrate |
| Fri, 03 Jan 2025 11:42:17 IST |
| Supreme Court has stated that a complaint within the meaning and scope of the Code of Criminal Procedure, 1973 would mean such a complaint filed before a Judicial Magistrate and not an Executive Magistrate. |
| FAMILY - SC: Tribunal under Parents & Senior Citizens Act May Order Eviction & Transfer of Possession |
| Fri, 03 Jan 2025 11:42:07 IST |
| Supreme Court has clarified that Tribunals under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 may order eviction and transfer of possession if it is necessary and expedient to ensure the protection of the senior citizen. |
| LAND ACQUISITION - SC: In Exceptional Cases of Land Acquisition, Compensation May be Determined on Basis of Later Date |
| Fri, 03 Jan 2025 11:41:54 IST |
| Supreme Court has observed that in exceptional cases of land acquisition, Court in exercise of its powers under Article 142 of the Constitution can direct shifting of the date for determination of the market value of the acquired land. |
| ADMINISTRATIVE - SC: It May Not Be Prudent to Deploy Outsourced Staff in Judicial/Quasi-Judicial Institutions |
| Fri, 03 Jan 2025 11:41:44 IST |
| SC while dealing with a matter relating to functioning of CAT bench at Jammu, has stated that it may not be prudent to deploy the outsourced staff in judicial/quasi-judicial institutions where maintenance of records, confidentiality and updating of records are day-to-day challenges. |
| ELECTION - SC: Incorrect on Part of HC to Delete District Magistrate as Necessary Party in Election Petition |
| Fri, 03 Jan 2025 11:41:33 IST |
| SC while issuing notice in a petition that challenged order by Allahabad HC allowing deletion of DM as necessary party in an election petition, has observed that the HC was incorrect in removing the DM from the proceedings as the candidate will not be able to furnish information alone. |
| BANKING - SC: Filing Complaint u/s 138 of NI Act through Power of Attorney is Legal & Competent |
| Fri, 03 Jan 2025 11:41:20 IST |
| SC has held that filing of complaint petition under S. 138 of NI Act through power of attorney (POA) is perfectly legal and competent. However, the POA holder must have witnessed the transaction as an agent of the payee/holder in due course or possess due knowledge regarding the said transactions. |
| CIVIL - Bom. HC: State Must Ensure that Eligible Women Receive Benefits under Ladki Bahin Scheme |
| Fri, 03 Jan 2025 11:41:10 IST |
| Bombay High Court has observed that necessary steps must be taken by the State to ensure that all the eligible women receive benefits under 'Mukhyamantri Majhi Ladki Bahin Yojana'. |
| CIVIL - Ker. HC: Universities under Obligation to Verify Educational Certificate of Enrollment Applicants |
| Thu, 02 Jan 2025 12:44:21 IST |
| Kerala High Court has held that there is an obligation on the part of the Universities and Examination Boards to verify the genuineness of the educational certificate of enrollment applicants and Bar Council cannot charge any fee for the purpose of verification. |
| CRIMINAL - Ker. HC: 'Mridanga Vision' Proprietor to Surrender in Case Related to Accident of Thrikkakara MLA |
| Thu, 02 Jan 2025 12:44:10 IST |
| Kerala High Court while disposing of an anticipatory bail plea in the matter related to accident caused to Thrikkakara MLA Uma Thomas, has directed the sole proprietor of Mridanga Vision to surrender before the investigation officer. |
| CRIMINAL - Ker. HC Stays Proceedings requiring Malayalam Newspaper to Disclose Source on Report of Data Leak |
| Thu, 02 Jan 2025 12:44:00 IST |
| Ker. HC has stayed proceedings initiated by the police's Crime Branch asking a Malayalam newspaper to reveal sources through which the newspaper accessed a note by the Kerala Public Service Commission(KPSC) stating that the name and password of several PSC applicants were available on the dark web. |
| MRTP/ COMPETITION LAWS - CCI Closes Plea regarding Abuse of Dominant Position by Coal India Limited |
| Thu, 02 Jan 2025 12:43:49 IST |
| Competition Commission of India (CCI) has closed a plea regarding abuse of dominant position by Coal India Limited on the ground that there is no prima-facie case of contravention of provisions of Competition Act, 2002. |
| CRIMINAL - Karnataka HC Stays Investigation against IIM-B Faculty for Caste Based Discrimination |
| Thu, 02 Jan 2025 12:43:39 IST |
| Karnataka High Court has stayed investigation initiated for caste based discrimination against the director and certain faculty members of Indian Institute of Management, Bengaluru till next date of hearing. |
| CIVIL - Alumni Assoc. of MGM Hospital Files Petition Seeking Halt on Transportation of Union Carbide Waste |
| Tue, 31 Dec 2024 12:00:52 IST |
| Alumni Association of Mahatma Gandhi Memorial Hospital has filed a petition in the Madhya Pradesh High Court seeking halt on transportation of toxic waste from the Union Carbide factory in Bhopal on the ground that the disposal will be harmful for the residents. |
| BANKING - Reserve Bank of India Releases December Issue of the Financial Stability Report |
| Tue, 31 Dec 2024 12:00:41 IST |
| Reserve Bank of India has released the December issue of Financial Stability Report (FSR) reflecting on the collective assessment of the Sub-Committee of the Financial Stability and Development Council (FSDC) on the resilience of the Indian financial system and risks to financial stability. |
| CAPITAL MARKET - SEBI Issues Circular regarding Transfer of Shareholdings |
| Tue, 31 Dec 2024 12:00:30 IST |
| Securities and Exchange Board of India has issued a circular providing clarification with respect to transfer of shareholding among immediate relatives and transmission of shareholding in respect of investment advisers, research analysts and Know Your Client registration agencies. |
| ENVIRONMENT - CAQM Sub-Committee Revokes Stage-III of Revised GRAP in the entire NCR |
| Tue, 31 Dec 2024 12:00:19 IST |
| The Sub-Committee on Graded Response Action Plan (GRAP) of the Commission for Air Quality Management in NCR and Adjoining Areas (CAQM) has revoked the Stage-III of revised GRAP in the entire National Capital Region with immediate effect. |
| CRIMINAL - Mahila Court in Chennai Convicts Accused for Pushing Woman in Front of a Moving Train |
| Tue, 31 Dec 2024 12:00:08 IST |
| Mahila Court in Chennai has convicted an accused for murdering a woman by pushing her in front of a moving train. The accused has been sentenced to death for stalking, harassing and murdering the woman. |
| ADMINISTRATIVE - SC Collegium Considers Proposal Seeking Halt on App. of Judges Who are Relatives of Judges in HC/SC |
| Mon, 30 Dec 2024 14:28:06 IST |
| Supreme Court collegium is considering a proposal seeking halt on appointment of judges of High Court who are close relatives of existing judges in the High Court or Supreme Court. |
| CIVIL - HC of Bombay Rules for Video Conferencing for Courts, 2022 Implemented from 29th December, 2024 |
| Mon, 30 Dec 2024 14:27:55 IST |
| Bombay High Court has implemented the High Court of Bombay Rules for Video Conferencing for Courts, 2022 from 29th December, 2024 which aim at modernization of judicial process and shall be applicable on several courts and tribunals. |
| CRIMINAL - Madras HC Forms SIT for Investigation in Sexual Assault Case in Anna University |
| Mon, 30 Dec 2024 14:27:44 IST |
| Madras High Court has formed a Special Investigation Team (SIT) for investigation in alleged sexual assault of a student inside the Anna University campus. |
| CIVIL - Kerala High Court Lifts Ban on Burning of Pappanji |
| Mon, 30 Dec 2024 14:27:32 IST |
| Kerala High Court has lifted ban on burning of Pappanji which is an effigy of an old man in the State. The activity has traditionally been a part of the New Year's Eve festivities. |
| CIVIL - Delhi High Court Directs Signing of MoU for Implementation of PM-ABHIM Scheme |
| Fri, 27 Dec 2024 19:22:25 IST |
| Delhi High Court has directed signing of Memorandum of Understanding (MoU) between Ministry of Health and Family Welfare and the Delhi Government for implementation of PM- Ayushman Bharat Health Infrastructure Mission (PM-ABHIM) scheme in the capital. |
| CIVIL - SC Expresses Reservations Over Farmer's Objection to Provide Medical Aid to Jagjit Singh Dallewal |
| Fri, 27 Dec 2024 19:22:16 IST |
| Supreme Court while expressing reservation over objection of protesting farmers in providing medical aid to farmers' leader Jagjit Singh Dallewal has called upon the State to ensure that medical aid is provided to him. |
| CRIMINAL - Del High Court Issues Directions for Quick Disposal of Cases Seeking Quashing on Basis of Compromise |
| Fri, 27 Dec 2024 19:22:05 IST |
| Delhi High Court has issued directions regarding disposal of cases seeking quashing of First Information Reports (FIR) on the ground that parties have arrived at a settlement. The Court directed that such petitions would now be listed first before Joint Registrar for verification. |
| CRIMINAL - Madras HC Takes Suo Motu Cognizance of a Student's Sexual Assault Inside Anna University Campus |
| Fri, 27 Dec 2024 19:21:54 IST |
| Madras High Court has taken suo motu cognizance of alleged sexual assault committed on a student inside the Anna University campus in Chennai. The Court has directed the State Government to submit a report on the incident and its probe. |
| CRIMINAL - Madras HC Grants Bail to Activist Making Offensive Comments Against a Woman |
| Fri, 27 Dec 2024 19:21:43 IST |
| Madras High Court has granted bail to a temple activist who allegedly made derogatory comments against a woman on social media. The Court asked the accused to delete all offensive comments from social media platforms. |
| CIVIL - Delhi High Court Criticizes DDA for Gross Negligence in Construction of Apartments |
| Thu, 26 Dec 2024 13:49:10 IST |
| Delhi High Court while criticizing Delhi Development Authority (DDA) for sub-standard construction of apartments, has allowed demolition of the same and payment of interim rent promptly while the residents stay in alternative accommodation. |
| INTELLECTUAL PROPERTY RIGHTS - Del. HC: 24 Seven Files Suit for Trademark Violation against Godfrey Phillips |
| Thu, 26 Dec 2024 13:49:00 IST |
| Retail store 24 Seven has filed a suit against Godfrey Phillips India Limited in the Delhi High Court, for using its trademark unauthorizedly. Godfrey Phillips has disputed the allegation on the ground that it had stopped using the mark from October 2024. |
| CIVIL - Delhi HC Issues Notice on Plea by Yuvraj Singh Foundation Seeking Registration under FCRA |
| Thu, 26 Dec 2024 13:48:49 IST |
| Delhi High Court has issued notice in a plea filed by Yuvraj Singh Foundation in which registration under the Foreign Contribution Regulation Act (FCRA) has been sought. |
| INSOLVENCY - NCLAT: Submission of Status Report in Cr. Proceeding Won't Have Bearing While Deciding App u/s 7 IBC |
| Thu, 26 Dec 2024 13:48:39 IST |
| NCLAT New Delhi bench has held that while deciding an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 submission of status report in criminal proceeding regarding allegations of fraud and forgery can have no bearing on it. |
| INSOLVENCY - NCLAT: RP Can Withdraw Application u/s 12A of IBC Before it is Heard or Allowed |
| Thu, 26 Dec 2024 13:48:28 IST |
| NCLAT New Delhi bench has held that a Resolution Professional can withdraw a CIRP withdrawal application under Section 12 of the Insolvency and Bankruptcy Code, 2016 before the application is heard or allowed. |
| GOODS AND SERVICES TAX - Cal. HC: Statutory Framework under CGST Act Provides Mechanisms to Address Assessee's Concerns |
| Thu, 26 Dec 2024 13:48:17 IST |
| Calcutta HC has observed that the statutory framework under the CGST Act, 2017 provides adequate mechanisms for addressing the Assessee's concerns, including responding to the SCN, participating in adjudication proceedings and availing appellate remedies if dissatisfied with the outcome. |
| CRIMINAL - Cal. HC Quashes Cruelty Proceedings against Brother-In-Law of Woman after 18 Years of Marriage |
| Thu, 26 Dec 2024 13:48:06 IST |
| Calcutta High Court has quashed a cruelty case filed by a woman against her brother-in-law, after eighteen years of her marriage and stated that the allegations are general in nature and there does not appear to be any specific allegations against the brother-in-law. |
| LIMITATION - SC: No Need to File Separate App. for Condonation of Delay Along with App. for Setting Aside Decree |
| Tue, 24 Dec 2024 11:56:25 IST |
| Supreme Court has held that it is not necessary to file a separate application for condonation of delay alongwith with an application to set aside an ex-parte decree if the reason for such delay has been sufficiently explained in the application. |
| PROPERTY - SC Explains Conditions to Invoke Section 53-A of the Transfer of Property Act, 1882 |
| Tue, 24 Dec 2024 11:56:15 IST |
| Supreme Court while explaining conditions to invoke Section 53-A of the Transfer of Property Act, 1882, has observed that protection under Section 53-A cannot be claimed by a transferee if there is failure to prove execution of a sale agreement based on which possession was claimed. |
| ELECTION - Jharkhand HC: Can't Detain a Person on Ground of Holding Fair Elections |
| Tue, 24 Dec 2024 11:56:04 IST |
| Jharkhand High Court while allowing a petition challenging an order of preventive detention, has observed that no person can be detained on the grounds that it is necessary to properly conduct Assembly Elections. |
| CRIMINAL - Cal. HC: No Person Shall be Deprived of Personal Liberty Unless Specified by Fair and Just Procedure |
| Tue, 24 Dec 2024 11:55:55 IST |
| Calcutta High Court has held that no person shall be deprived of personal liberty unless specified by a fair and just procedure. Bail is an essential element of any criminal justice system, as it guarantees the right to a fair trial for the accused. |
| ARBITRATION - J&K HC: Can Set Aside an Award Passed by Ineligible Arbitrator |
| Tue, 24 Dec 2024 11:55:45 IST |
| Jammu and Kashmir High Court has held that under section 34 of the Arbitration and Conciliation Act, 1996, an award passed by an ineligible arbitrator can be set aside. |
| INSOLVENCY - NCLT: IBC Doesn't Have Provision to Issue Multiple Demand Notices before Filing Petition u/s 9 |
| Tue, 24 Dec 2024 11:55:35 IST |
| NCLT New Delhi bench has held that the Insolvency and Bankruptcy Code, 2016 doesn't contain a provision that allows Operational Creditor to issue multiple demand notices to the Corporate Debtor before filing an application under Section 9 of the Code. |
| CRIMINAL - SC: When Company Isn't Added as Accused the Director Who Signed Cheque is Not Liable for Dishonour |
| Mon, 23 Dec 2024 12:03:01 IST |
| Supreme Court while upholding the acquittal of a man convicted for dishonoured cheque, has observed that under Section 138 of NI Act authorised signatory of a company cannot be held liable for dishonour of a cheque drawn on company's account unless the company is arraigned as the principal accused. |
| PROPERTY - SC: In a Compromise Decree Acquiring Property with Pre-Existing Right, No Stamp Duty is Required |
| Mon, 23 Dec 2024 12:02:50 IST |
| Supreme Court has observed that if a person acquires a property through compromise decree in which he already has a right then there is no need of registration under the Registration Act, 1908 and no stamp duty would be charged on such decree. |
| SERVICE - SC: Rise of Gig Economy Has Led to an Increase in Precarious Employment Arrangements |
| Mon, 23 Dec 2024 12:02:40 IST |
| Supreme Court has observed that in private sector, rise of gig economy has led to an increase in precarious employment arrangements, often characterized by lack of benefits, job security, and fair treatment. |
| CIVIL - SC: No Person/Entity Can Be Allowed To Make Undue and Unjust Profit from Public Property |
| Mon, 23 Dec 2024 12:02:30 IST |
| SC has stated that the golden principle is that Govt. procedures or policies pioneered in public interest must genuinely serve public & not merely enrich private entities. No person or entity can be allowed to make an undue and unjust profit from public property, at the cost of the public at large. |
| INSOLVENCY - SC: Moratorium Declared under IBC Will Not Extinguish Claims of Creditors |
| Mon, 23 Dec 2024 12:02:21 IST |
| Supreme Court has held that a moratorium declared under Section 14 of the Insolvency and Bankruptcy Code, 2016 will not extinguish the claims of all the creditors of the Corporate Debtor. |
| PROPERTY - SC: Declaration of Title to Immovable Property Not Barred Till Right to Such Property Continues |
| Mon, 23 Dec 2024 12:02:05 IST |
| SC has observed that a suit for declaration of title to immovable property would not be barred so long as the right to such property continues and subsists. When such right continues to subsist, the relief for declaration would be a continuing right and there would be no limitation for such a suit. |
| CONTRACT - SC: Can Raise Plea of Hardship Only if it was Unforeseeable at time of Formation of Contract |
| Mon, 23 Dec 2024 12:01:55 IST |
| Supreme Court has observed that the ground of 'hardship' in performing the contract can be raised by the defendant only if it is established that the hardship was unforeseeable at the time of entering into the contract. |
| CIVIL - SC: If there is an Order to List a Case, Registry Can't Refuse it on Grounds of Procedural Defects |
| Mon, 23 Dec 2024 12:01:44 IST |
| Supreme Court has held that when there is order of the court directing listing of the cases specifically assigned to the bench, the registry cannot defy the order and refuse to list the case on the ground that there was non-compliance with procedural aspects. |
| CRIMINAL - SC: Prima Facie Delay in Compliance of S. 52A of NDPS Act No Ground to Release Accused On Bail |
| Mon, 23 Dec 2024 12:01:34 IST |
| SC has stated that any prima facie delay or lapse in compliance of Section 52A of NDPS Act by itself would not be a ground to release the accused on bail unless the conditions mandated under Section 37(1)(b) of the Act have been found to have been satisfied. |
| PROPERTY - SC: Under Mohammedan Law, Partition of Property During Owner's Lifetime is Impermissible |
| Mon, 23 Dec 2024 12:01:23 IST |
| Supreme Court has observed that as the concept of partition is not recognized under Mohammedan Law thus the partition of a property through a gift deed during an owner's lifetime cannot be validated. |
| CIVIL - All. HC: Organisations Cannot Claim Allotment of Particular Land at Mahakumbh Mela |
| Mon, 23 Dec 2024 12:01:13 IST |
| Allahabad HC while disposing a petition seeking allotment of a particular land during Mahakumbh Mela, has stated that no particular organisation can claim a vested right for being allotted a particular land only because the said land may have been allotted to it in the previous years. |
| INSOLVENCY - NCLAT: If Ownership Uncertain, Non-Impleadment of Owner as Party in App. u/s 19 of IBC Not Malafide |
| Mon, 23 Dec 2024 12:00:44 IST |
| NCLAT New Delhi bench has held that if there is uncertainty over the ownership of the premises then non-impleadment of owner in an application under Section 19 of the Insolvency and Bankruptcy Code, 2016 cannot be termed as malafide. |
| CRIMINAL - SC: Beneficial Laws for Women are Not Means to Chastise, Threaten the Husband |
| Fri, 20 Dec 2024 11:30:31 IST |
| Supreme Court has observed that women need to be careful about the fact that the strict provisions of law like Sections 498A, 376, 377, 506 of the IPC are beneficial legislations for their welfare and not means to chastise, threaten, domineer or extort from their husbands. |
| FAMILY - SC Urges Parliament to Secure Right of Survivorship of Tribal Women |
| Fri, 20 Dec 2024 11:30:20 IST |
| Supreme Court while dismissing an appeal that challenged grant of property rights to a tribal woman, has urged the Parliament to come up with ways for securing right of survivorship of tribal women by amending Hindu Succession Act, 1956 if necessary. |
| CRIMINAL - SC: Court Ordering Re-Investigation Against Acquitted Accused Violates Principle of Double Jeopardy |
| Fri, 20 Dec 2024 11:30:09 IST |
| Supreme Court while setting aside Madras High Court's decision directing de-novo investigation against the accused for offences in which he was acquitted, has stated that such a direction by the Court amounts to violation of principle of double jeopardy under Article 20(2) of Constitution of India. |
| ENVIRONMENT - SC: NCR States to Form Teams to Monitor Compliance of GRAP Measures |
| Fri, 20 Dec 2024 11:29:57 IST |
| Supreme Court has directed the NCR States to create multiple teams who shall regularly submit reports regarding compliance as well as breaches of GRAP III and GRAP IV measures to the respective governments so that immediate action can be taken. |
| CIVIL - SC: For Repayment of Court Fees, Lok Adalat and Mediation Cannot be Equated |
| Fri, 20 Dec 2024 11:29:47 IST |
| Supreme Court has held that in terms of repayment of Court fees, there should not be any confusion between a dispute that has been amicably settled by mediation under Sec. 89 of CPC and a dispute settled through Lok Adalat as Lok Adalat and mediation are two distinct methods and cannot be equated. |
| EXCISE - SC: For Central Excise Tariff Act, Coconut Oil in Small Quantities Classifiable as 'Edible Oil' |
| Fri, 20 Dec 2024 11:29:37 IST |
| SC has held that for the purpose of the Central Excise Tariff Act, 1985 pure coconut oil sold in small quantities shall be classifiable as 'Edible oil' and if it is packaged and sold as a cosmetic it will be classifiable as 'hair oil'. |
| DIRECT TAXATION - Gau HC: Genuineness of Credit Recd by Assessee from Share Appli. Money is a Question of Fact Not Law |
| Fri, 20 Dec 2024 11:29:27 IST |
| Gauhati High Court while refusing to entertain an appeal regarding the genuineness of credit received by an assessee from share application money, has held that it is a question of fact which is not within the Court's jurisdiction under Section 260A of the Income Tax Act, 1961. |
| GOODS AND SERVICES TAX - Cal. HC: Cannot Label Regulatory Measures Under GST Act as Violative of Fundamental Right to Trade |
| Fri, 20 Dec 2024 11:29:16 IST |
| Calcutta High Court has held that regulatory measures under the Goods and Services Tax Act, 2017 are necessary to ensure compliance and prevent tax evasion and cannot be labeled as violative of assessee's fundamental right to trade. |
| INSOLVENCY - NCLAT: In Case of Personal Guarantor, Date of Default Depends on Contract of Guarantee's Terms |
| Fri, 20 Dec 2024 11:29:06 IST |
| NCLAT New Delhi bench has held that liability of a Guarantor arises from the contract of guarantee and hence the date of default in the case of the guarantor depends on the terms of contract of guarantee. |
| INSOLVENCY - NCLAT: Resolution Plan Approved by Committee of Creditors is Binding on All Stakeholders |
| Fri, 20 Dec 2024 11:28:55 IST |
| NCLAT New Delhi bench has held that Resolution Plan approved by the Committee of Creditors (CoC) shall be binding on all the stakeholders including the dissenting financial creditor. |
| CIVIL - SC: Findings of Court Have to be Based on Pleadings and Evidence Produced Before it by Parties |
| Thu, 19 Dec 2024 11:31:49 IST |
| SC has stated that findings of the court have to be based on pleadings and evidence produced before it by the parties. It is well-nigh impermissible for the writ court to conjecture and surmise and make out a third case, not pleaded by the parties, based on arguments advanced in course of hearing. |
| ARBITRATION - SC: Even if Arbitral Tribunal Becomes Functus Officio, Clarification on Award Can be Issued |
| Thu, 19 Dec 2024 11:31:38 IST |
| Supreme Court has observed that even if after passing an award the Arbitral Tribunal becomes functus officio, it would still have the jurisdiction of clarifying and correcting errors in the award under Section 33 of the Arbitration and Conciliation Act, 1996. |
| CIVIL - SC: Can't Issue Completion Certificate Unless Satisfied that Construction done as Per Permission |
| Thu, 19 Dec 2024 11:31:27 IST |
| Supreme Court while issuing guidelines for curbing unauthorized constructions, has directed that building completion certificate cannot be issued unless inspecting officer is satisfied that construction has been done as per building planning permission. |
| CRIMINAL - SC: Constitutional Court cannot Direct Trial Courts to Write Bail Orders in a Particular Manner |
| Thu, 19 Dec 2024 11:31:17 IST |
| SC has stated that no Constitutional Court can direct Trial Courts to write orders on bail applications in a particular manner. If HC directs that in every bail order, a chart should be incorporated in a particular format, it will amount to interference with the discretion conferred on Trial Courts. |
| LIMITATION - Del HC: While Determining Plea for Condonation of Delay, Plausible Reasons to be Considered Over Days |
| Thu, 19 Dec 2024 11:31:07 IST |
| Del HC while hearing a plea for condonation of delay alongwith an appeal u/s 37(1)(c) of A&C Act, 1996, has observed that for considering the application seeking condonation of delay it is not the number of days of delay that is important but it is the sufficiency of reasons that would be relevant. |
| CRIMINAL - Ker. HC: Proceedings Under POCSO Cannot be Quashed on Ground of Settlement between Parties |
| Thu, 19 Dec 2024 11:30:55 IST |
| Kerala High Court has held that the legal position is apparent and comprehensive that criminal proceedings involving very serious offences under the Protection of Children from Sexual Offences Act, 2012 could not be quashed on the ground that the accused and the complainant had settled the matter. |
| PROPERTY - Cal HC: Right to Property of Pvt. Landowners Must be Understood in Context of State's Eminent Domain |
| Thu, 19 Dec 2024 11:30:45 IST |
| Cal. HC has stated that the right to property of private landowners guaranteed under Article 300A of the Constitution of India must be understood in the context in which the sovereign power of Eminent Domain is exercised by the State. |
| INSOLVENCY - NCLAT: Can't Challenge Non-Admission of Claim by RP for the First Time in Appeal |
| Thu, 19 Dec 2024 11:30:35 IST |
| NCLAT New Delhi bench has held that if non - admission of claim by Resolution Professional is not challenged before the Adjudicating Authority then the same cannot be challenged for the first time in the appeal before the NCLAT. |
| INSOLVENCY - NCLAT: Can't Extend CIRP beyond 330 Days u/s 12(3) of IBC Unless Exceptional Circumstances Present |
| Thu, 19 Dec 2024 11:30:24 IST |
| NCLAT New Delhi bench has held that, under Section 12(3) of Insolvency and Bankruptcy Code, 2016 the maximum timeline prescribed for CIRP is 330 days and an extension beyond this period can only be granted if exceptional circumstances are present. |
| ADMINISTRATIVE - SC: High Court Cannot Pass Order Seeking Explanation from Judicial Officer for Judicial Action |
| Wed, 18 Dec 2024 11:39:13 IST |
| Supreme Court has stated that High Court cannot pass an order calling for an explanation from a judicial officer for judicial action and any such direction of calling for an explanation is inappropriate. It is only the administrative side that can seek explanation from a judicial officer. |
| CIVIL - SC: Collegium Cautions Allahabad HC Judge Over Controversial Remarks |
| Wed, 18 Dec 2024 11:39:02 IST |
| Supreme Court collegium while cautioning Allahabad High Court judge Justice SK Yadav over his controversial remarks against the Muslim community in a recent speech, has stated that judges must maintain the dignity of the office both inside and outside the court. |
| CRIMINAL - Supreme Court: Cannot Rule Out Possibility of Reformation |
| Wed, 18 Dec 2024 11:38:51 IST |
| Supreme Court while converting the death penalty of a convict guilty of sexual assault and murder of a child to an imprisonment sentence, has observed that as per behavioural and mental assessment reports the present case is not such where possibility of reformation is completely ruled out. |
| ELECTION - 'One Nation, One Election' Bill Introduced in Lok Sabha |
| Wed, 18 Dec 2024 11:38:42 IST |
| Law Minister Arjun Ram Meghwal has introduced the Constitution 129th Amendment Bill, 2024 as well as the Union Territories Laws Amendment Bill, 2024 in the Lok Sabha. The two bills aim at achieving simultaneous elections across States, Union Territories with the General elections. |
| LABOUR AND INDUSTRIAL - Bom HC: For Absolving Liabi., Insurer Must Prove Employer's Negligence in Validating Employee's DL |
| Wed, 18 Dec 2024 11:38:32 IST |
| Bom. HC while overturning a Labour Court's order dismissing a compensation claim and refusing to absolve the liabilities of the insurer, has held that in order to absolve liability, the insurer must prove that there was negligence on the part of employer in validating the employee's driving license. |
| CRIMINAL - Ker. HC: Intention behind PMLA is Not to Attach all Properties of Person Connected with Crime |
| Wed, 18 Dec 2024 11:38:20 IST |
| Kerala High Court while hearing a plea seeking quashing of provisional attachment order issued under the PMLA, has observed that the statute never intends to attach or confiscate all properties of a person connected with the crime. |
| PROPERTY - Cal HC: No Criminal Intimidation if Purchaser of Property Requests Tenant to Vacate or Face Eviction |
| Wed, 18 Dec 2024 11:38:10 IST |
| Calcutta High Court while quashing a criminal intimidation case by tenants, has observed that the purchaser of a property requesting the tenants to vacate the property or face eviction does not fulfill the ingredients of criminal intimidation under Section 506 of IPC. |
| CIVIL - SC: Concerned Over Wrong & Rampant Conversions of Civil Disputes into Criminal Cases |
| Tue, 17 Dec 2024 12:14:33 IST |
| Supreme Court while hearing a plea seeking quashing of charges under Indian Penal Code, 1860, has expressed concerns over rampant practices of converting civil disputes into criminal cases in several states. |
| CRIMINAL - SC: NIA has Power to Investigate Unscheduled Offences Connected with Scheduled Offences |
| Tue, 17 Dec 2024 12:14:23 IST |
| Supreme Court has held that if an unscheduled offence is connected with a scheduled offence under the National Investigation Agency Act, 2008 then the National Investigation Agency shall have the power to investigate the unscheduled offence. |
| TRUSTS AND SOCIETIES - SC: For Selection of Non-Hereditary Trustee in Temples, Caste of Person Can't be a Bar |
| Tue, 17 Dec 2024 12:14:13 IST |
| SC while hearing a plea on appointments of non-hereditary trustees in Devaswoms/Temples, has observed that in the event of any selection of non-hereditary trustee, the caste of a person can never be a bar and the principle governing the field in this regard will have to be strictly adhered to. |
| SERVICE - Bom. HC: Past Service Record Relevant in Deciding Quantum of Punishment |
| Tue, 17 Dec 2024 12:14:02 IST |
| Bombay High Court while hearing a matter on dismissal of a worker for sleeping on duty, has observed that while such an act is a misconduct, dismissing the worker for the same is disproportionate. The Court held that past service of employee is relevant in deciding the quantum of punishment. |
| EXCISE - Bom. HC: State Under Obligation to Realize Excise Duty Illegally Collected by Wine Manufacturers |
| Tue, 17 Dec 2024 12:13:51 IST |
| Bom. HC has observed that the State is under legal obligation and mandate of the Hon'ble Supreme Court to realize the excise duty which has been illegally collected by the wine manufacturers and there cannot be any doubt about such a duty cast upon the State. |
| CIVIL - BCI to SC: Practicing Advocates Cannot Simultaneously Work as Full Time Journalists |
| Tue, 17 Dec 2024 12:13:40 IST |
| Bar Council of India has informed the Supreme Court that practicing advocates cannot simultaneously work as full time journalists as there are rules that prohibit advocates to pursue full time journalism. |
| BANKING - SC: Can't Set Aside Confirmed Sale Except for Fraud, Collusion, Inadequate Pricing |
| Mon, 16 Dec 2024 17:22:03 IST |
| SC has explained that any sale by auction or other methods under SARFAESI Act once already confirmed/concluded ought not to be set-aside or interfered with except on grounds such as either being collusive, fraudulent or vitiated by inadequate pricing or underbidding. |
| CRIMINAL - SC: No Need of Sanction to Prosecute Police Officers Accused of Lodging False Cases |
| Mon, 16 Dec 2024 17:21:51 IST |
| SC has held that when a police official is said to have lodged a false case, he cannot claim that sanction for prosecution u/s 197 CrPC was required since it can be no part of the official duty of a public official to lodge a false case & fabricate evidence or documents in connection with the same. |
| NARCOTICS - SC: Police Officials Accused of Misconduct During Tenure Ought to be Tried Summarily |
| Mon, 16 Dec 2024 17:21:39 IST |
| SC while quashing summons against an IPS officer over allegations of misconduct, has stated that Special Judge is not empowered to issue a notice u/s 58 of NDPS Act because the proceedings commenced u/s 58 are summary in nature and ought to be presided over by the judicial magistrate. |
| MOTOR VEHICLES - Gau. HC: MACT Order Dismissing Claim for Being Barred u/s 166(3) of MV Act Set Aside |
| Mon, 16 Dec 2024 17:21:27 IST |
| Gau. HC has set aside an order passed by MACT which dismissed a claim petition for being barred by limitation under Section 166(3) of MV Act on the ground that the amendment through which sub-section 3 was inserted was to be effective only from 1st April, 2022 while the accident occurred in 2019. |
| INSOLVENCY - NCLAT: If Settlement Fails, Deposit for One Time Settlement Proposal Remains Corp. Debtor's Asset |
| Mon, 16 Dec 2024 17:21:14 IST |
| NCLAT New Delhi bench has held that the amount deposited by the Corporate Debtor with the bank in pursuance of One Time Settlement shall remain the corporate debtor's asset, in case the settlement does not materialize. |
| ENVIRONMENT - SC: Ban on Firecrackers Required Not Only to Curb Air Pollution but also Noise Pollution |
| Fri, 13 Dec 2024 12:02:04 IST |
| Supreme Court while directing Delhi government and NCR states to decide on a complete year-round ban on firecrackers, has stated that this is the requirement not only to curb the air pollution but noise pollution as well. |
| TRUSTS AND SOCIETIES - SC: No Registration of Further Suits against Places of Worship till Further Orders |
| Fri, 13 Dec 2024 12:01:54 IST |
| Supreme Court while hearing petitions challenging the Places of Worship (Special Provisions) Act, 1991, has directed that no further suits shall be registered against places of worship till further orders and no effective interim or final orders shall be passed in pending suits. |
| CRIMINAL - SC: Mere Allegations of Harassment Not Enough to Hold Accused Guilty of Abetment of Suicide |
| Fri, 13 Dec 2024 12:01:43 IST |
| SC has held that mere allegations of harassment are not enough to hold accused guilty of abetment of suicide unless the accused's actions were so compelling that the victim perceived no alternative but to take their own life. Such actions must also be proximate to the time of the suicide. |
| CRIMINAL - SC: Can't Invoke Preventive Detention against Every Alleged Breach of Peace |
| Fri, 13 Dec 2024 12:01:32 IST |
| Supreme Court has observed that preventive detention cannot be invoked against every act of breach of peace as it is a harsh measure and this power can be invoked only when the acts of the proposed detainee are the one which have a tendency of disturbing the public order. |
| CIVIL - SC: Gift Deed Conditioned Upon Rendering of Services Without Remuneration is Unconstitutional |
| Fri, 13 Dec 2024 12:01:21 IST |
| Supreme Court has held that a gift deed which has a condition requiring donees to render services without any remuneration, would amount to forced labour and shall not only be wrong or illegal but also unconstitutional. |
| CRIMINAL - SC: Wife Not Filing Complaint of Cruelty for Years Doesn't Mean There Was No Cruelty |
| Fri, 13 Dec 2024 12:01:11 IST |
| Supreme Court while rejecting a husband's plea for discharge in a cruelty case, has observed that merely because the wife did not file any complaint for twelve years does not guarantee that there was no instance of cruelty or harassment. |
| CIVIL - SC: Matters Exclusively Within Jurisdiction of Statutory Authorities are Not Arbitrable |
| Fri, 13 Dec 2024 12:01:01 IST |
| SC has stated that matters falling exclusively within the jurisdiction of statutory authorities are not arbitrable and dispute related to wages and termination of an employee would be exclusively dealt by statutory authorities established under Payment of Wages Act, 1936 and the ID Act, 1947. |
| CIVIL - Lok Sabha Passes the Disaster Management (Amendment) Bill, 2024 |
| Fri, 13 Dec 2024 12:00:50 IST |
| Lok Sabha has passed the Disaster Management (Amendment) Bill, 2024 seeking to amend the Disaster Management Act, 2005. This bill aims at strengthening the working and functioning of national and State disaster management authorities. |
| CIVIL - Bom. HC: Authority Processing Duty Credit Scrip Application is the Adjudicating Authority for Appeals |
| Fri, 13 Dec 2024 12:00:38 IST |
| Bombay High Court has held that authority processing applications for duty credit scrip entitlement shall be the 'adjudicating authority' for appeals under the Foreign Trade (Development and Regulation) Act, 1992. |
| INSOLVENCY - NCLAT: Secured Creditor to Pay Liquidator's Fees Under Regulations if Option u/s 52 IBC Exercised |
| Fri, 13 Dec 2024 12:00:27 IST |
| NCLAT New Delhi bench has held that if the secured creditor opts to realise its security interest under Section 52 of the Insolvency and Bankruptcy Code, 2016 then fee of the liquidator has to be paid within 90 days as provided under Regulation 21A of the Liquidation Regulations. |
| INSOLVENCY - NCLAT: Can't Bar Petition u/s 7 of IBC for Default Committed Prior to S.10A Period |
| Fri, 13 Dec 2024 12:00:15 IST |
| NCLAT New Delhi bench has held that a petition under section 7 of Insolvency and Bankruptcy Code, 2016 cannot be barred for any default which has been committed by the Corporate Debtor prior to Section 10A period. |
| CRIMINAL - SC: Enforcement Directorate Can Give Instructions to Public Prosecutors on Facts of the Case |
| Thu, 12 Dec 2024 13:48:26 IST |
| SC has held that Enforcement Directorate and its Director can give instructions to public prosecutors on facts of the case. However, they cannot give any instructions to the public prosecutor about what he ought to do before the court as an officer of the court. |
| CONTEMPT OF COURT - Supreme Court: Can't Use Power of Contempt Jurisdiction to Execute Order |
| Thu, 12 Dec 2024 13:48:16 IST |
| Supreme Court has stated that the weapon of contempt proceedings cannot be used for execution of the decree or implementation of an order for which alternative remedy in law is provided for and to punish a contemnor, it has to be established that disobedience of the order is 'wilful'. |
| CRIMINAL - SC: Right to Maintenance Shall Have Overriding Effect on Rights of Claimants under SARFAESI/IBC |
| Thu, 12 Dec 2024 13:48:06 IST |
| SC has stated that the right to maintenance being equivalent to a fundamental right will be superior to and have overriding effect on the statutory rights afforded to Financial Creditors, Secured Creditors, Operational Creditors or any other such claimants encompassed within SARFAESI Act, IBC |
| LAND ACQUISITION - Bom HC: Court Can Grant Higher Compensation if Land Acquisi. Award Passed After Amendment to S. 25 |
| Thu, 12 Dec 2024 13:47:57 IST |
| Bombay High Court has observed that if an award is passed under the Land Acquisition Act, 1894 after the amendment to Section 25 then the Court has the power to grant compensation that is higher than the amount awarded by the Collector. |
| CRIMINAL - Bom. HC: Keeping Child Away from Mother in Defiance of Court Order Amounts to Cruelty |
| Thu, 12 Dec 2024 13:47:43 IST |
| Bombay HC has held that in-laws keeping a child of four years old away from her mother in defiance of Court order is mental harassment amounting to cruelty in as much as it would certainly cause grave injury to mental health of the mother of the child. |
| CIVIL - Lok Sabha Passes the Railways (Amendment) Bill, 2024 |
| Thu, 12 Dec 2024 13:47:30 IST |
| Lok Sabha has passed the Railways (Amendment) Bill, 2024 which seeks to amend the Railways Act, 1989. The bill aims at enhancing the functioning and independence of Railway Board. |
| CRIMINAL - Supreme Court: There Has Been a Growing Tendency to Misuse Section 498A of IPC by Wife |
| Wed, 11 Dec 2024 12:16:51 IST |
| Supreme Court has stated that inclusion of Section 498A of IPC was intended to curb cruelty inflicted on a woman by her husband and his family but there has been a growing tendency to misuse this provision for unleashing personal vendetta against the husband and his family by a wife. |
| FAMILY - SC Refers to Larger Bench Conflicting Interpretation Surrounding Sections 14(1) & 14(2) of HSA |
| Wed, 11 Dec 2024 12:16:41 IST |
| Supreme Court while dealing with conflicting interpretation surrounding Sections 14(1) & 14(2) of Hindu Succession Act, 1956, has referred the matter to a larger bench for restating the law on the interplay between the sub-sections. |
| SERVICE - SC Reserves Judgement on Plea by Transwoman Whose Appointment was Cancelled on Gender Identity |
| Wed, 11 Dec 2024 12:16:30 IST |
| Supreme Court has reserved its judgement on a plea filed by a transwoman whose services were terminated from two different schools in both Gujarat and Uttar Pradesh after her gender identity was revealed. |
| FAMILY - Supreme Court: Permanent Alimony Should not Penalize the Husband |
| Wed, 11 Dec 2024 12:16:20 IST |
| Supreme Court while granting permanent alimony of Rs. 5 Crore to the wife as a onetime settlement, has observed that the amount of permanent alimony should not penalize the husband but should be made with the aim of ensuring a decent standard of living for the wife. |
| CIVIL - Lok Sabha Introduces the Merchant Shipping Bill, 2024 |
| Wed, 11 Dec 2024 12:16:08 IST |
| Lok Sabha has introduced the Merchant Shipping Bill, 2024 which aims at simplifying ownership criteria for merchant vessels in the country and seeks to repeal the Merchant Shipping Act, 1958. |
| INSOLVENCY - NCLAT: If Liquidation Cost Not Paid as Per Regulations, Security Interest Shall Stand Relinquished |
| Wed, 11 Dec 2024 12:15:57 IST |
| NCLAT New Delhi bench has held that if the secured creditor does not pay the liquidation costs as per Regulation 21A(3) of the Liquidation Regulations, 2016, the security interest shall stand relinquished. |
| CRIMINAL - SC: Inordinate Delay in Execution of Death Sentence has a Dehumanising Effect on Accused |
| Tue, 10 Dec 2024 12:50:57 IST |
| SC has held that an inordinate delay in the execution of the sentence of death has a dehumanising effect on the accused and an inordinate and unexplained delay caused by circumstances beyond the prisoners' control mandates the commutation of a death sentence. |
| SERVICE - SC: PC Granted to Woman Army Officer Who Was Denied Benefits Given to Similarly Situated Others |
| Tue, 10 Dec 2024 12:50:46 IST |
| Supreme Court while granting permanent commission to a woman army officer who was denied benefits given to similarly situated others, has observed that denying benefits of permanent commission to such officer shows discrimination. |
| CRIMINAL - SC: If Bodily Injury Caused with Lethal Weapon, Lack of Intention to Cause Murder Irrelevant |
| Tue, 10 Dec 2024 12:50:37 IST |
| SC while upholding conviction of an accused for murder, has observed that act of causing injuries with knife to vital parts is reflective of knowledge that causing such injuries is likely to cause death in the ordinary course and lacking intention to commit murder in such cases becomes irrelevant. |
| SERVICE - SC: UGC Amended Regulation Not Binding on State Univ. Affiliated Institutions Without State Adoption |
| Tue, 10 Dec 2024 12:50:27 IST |
| SC has held that amended UGC or AICTE regulations that raise the age of retirement to 65 years do not apply to institutions affiliated to State Universities where the State Government has opted not to adopt those regulations. Such institutions must follow the retirement age followed in the State. |
| CRIMINAL - Cal. HC: Bail Cannot be Denied on Account of Restrictive Statutory Provisions in Penal Statute |
| Tue, 10 Dec 2024 12:50:16 IST |
| The Calcutta HC while granting bail to a man being investigated under the PMLA has observed that a constitutional Court cannot be restrained from granting bail on account of restrictive statutory provisions in a penal statute if the right of accused under Art. 21 of Constitution have been infringed. |
| INSOLVENCY - NCLAT: Can Consider Raising Money Through Optional Convertible Debentures as Financial Debt |
| Tue, 10 Dec 2024 12:50:06 IST |
| New Delhi bench has held that if money is raised by issuance of convertible debentures with an option to be later converted into equity shares then it can be classified as a financial debt if a default is committed by the corporate debtor. |
| SERVICE - SC: Police Verification Report of Selected Candidates Must be filed within 6 Months of Appointment |
| Mon, 09 Dec 2024 13:22:16 IST |
| SC has directed that the police officials of all the States to complete the enquiry and file report as regards the character, antecedents, nationality, genuineness of the documents produced by candidates selected for Government service, not later than six months from the date of their appointment. |
| NARCOTICS - SC: Intent of S.50 is to Inform Suspect of Option to be Taken to Officer Other Than Search Party |
| Mon, 09 Dec 2024 13:22:05 IST |
| The Supreme Court has observed that the intent behind Section 50 of the Narcotic Drugs and Psychotropic Substances Act is to ensure that the person about to be searched is made aware of the option to be taken before a third person other than the one who is conducting the search. |
| CRIMINAL - Cal. HC: Bail Cannot be Denied on Account of Restrictive Statutory Provisions in Penal Statute |
| Mon, 09 Dec 2024 13:21:53 IST |
| The Calcutta HC while granting bail to a man being investigated under the PMLA has observed that a constitutional Court cannot be restrained from granting bail on account of restrictive statutory provisions in a penal statute if the right of accused under Art. 21 of Constitution have been infringed. |
| MOTOR VEHICLES - MP High Court Issues Guidelines for Safe Travel of School Children |
| Mon, 09 Dec 2024 13:21:42 IST |
| Madhya Pradesh High Court while deciding a batch of public interest litigation has issued comprehensive guidelines to be followed for safety and protection of children traveling in school buses until the State Government amends the Madhya Pradesh Motor Vehicles Rules, 1994. |
| SERVICE - SC: Amended Regulations Not Bind State University Affiliated Institutions without State Adoption |
| Mon, 09 Dec 2024 13:21:32 IST |
| Supreme Court has held that amended UGC or AICTE regulations increasing age of retirement to 65 years do not apply to institutions affiliated to State Universities where the State Government opts not to adopt those regulations. Such institutions must follow the retirement age followed in the State. |
| MEDIA AND COMMUNICATION - AP HC Declines Stay on Govt. Memo Permitting Higher Rate for Premiere of Pushpa 2 Movie |
| Mon, 09 Dec 2024 13:21:20 IST |
| AP HC while dismissing a PIL initiated for challenging the hiked rate of tickets for the movie Pushpa-2 has observed that the petitioner has failed to satisfy that how the fixation of rates for premier show in regard to high-budget films in any manner contravenes G.O.Ms.No.13, dated 07.03.2022. |
| INSOLVENCY - NCLAT: Section 43(1) of IBC applicable when Corporate Debtor has given a preference in transaction |
| Mon, 09 Dec 2024 13:21:08 IST |
| National Company Law Appellate Tribunal (NCLAT) has observed that the condition precedent for attracting Section 43(1) of Insolvency and Bankruptcy Code, 2016 is that whether the Corporate Debtor has at any relevant time given a preference in transaction. |
| ENVIRONMENT - SC: NCR States to Ask Workers to Register Themselves on Portal for Receiving Subsistence Allowance |
| Fri, 06 Dec 2024 11:11:19 IST |
| Supreme Court has asked all the NCR States to convene meeting with workers union and urge them to get the workers registered on online portal in order to become eligible for receiving subsistence allowance for the period they remain unemployed due to ban on construction activities. |
| CIVIL - Rajya Sabha Passes the 'Bharatiya Vayuyan Vidheyak, 2024' |
| Fri, 06 Dec 2024 11:11:08 IST |
| Rajya Sabha has passed the Bharatiya Vayuyan Vidheyak, 2024 that seeks to replace the Aircraft Act, 1934. The bill aims at elevating safety standards, foster investments, and bring India's aviation regulatory framework in line with global norms. |
| CRIMINAL - Del. HC: It's a Disturbing Trend of Exploiting Social Media Platforms for Committing Sexual Offences |
| Fri, 06 Dec 2024 11:10:58 IST |
| Delhi High Court while rejecting bail application of accused in POCSO case, has noted that it is a disturbing trend of exploiting social media platforms in order to commit sexual offence especially against minors. |
| CIVIL - P&H HC: If People are Allowed to Stay All Night at Bars and Pubs, it will Hamper Indian Society |
| Fri, 06 Dec 2024 11:10:47 IST |
| P&H HC while questioning Haryana Government's policy of allowing sale of liquor past midnight in Gurugram & Faridabad, has observed that it cannot be remained unnoticed that if the people are allowed to stay all night at bars and pubs, the social strain of Indian society will be seriously hampered. |
| TRUSTS AND SOCIETIES - Ker. HC: Can't Call Putting Up Boards of Temples, Mosques on Busy Roads as Religious Practice |
| Fri, 06 Dec 2024 11:10:37 IST |
| Kerala High Court while hearing a plea on unauthorized boards/ banners in public places, has observed that it is not a religious practice to keep a board of a temple, mosque or church in a busy thoroughfare. |
| CIVIL - Ori HC: State Can't Question Maintain. of Suit for No Notice at Stage of Appeal if Not Done in WS |
| Fri, 06 Dec 2024 11:10:26 IST |
| Orissa High Court has observed that if State does not raise any objection about maintainability of suit in their written statement on the ground of non-issuance of notice under Section 80(1) of the C.P.C., 1908 then the same cannot be done for the first time at the stage of appeal. |
| CIVIL - Rajya Sabha Passes the Boilers Bill, 2024 |
| Thu, 05 Dec 2024 11:30:49 IST |
| Rajya Sabha has passed the Boilers Bill, 2024 which repeals the previous Boilers Act, 1923. The new bill includes provisions for regulation of boilers, safety of people working inside a boiler and uniformity in registrations. |
| CRIMINAL - SC: Buttondar Knife to be Prohibited Only if Used for Manufacture, Sale or Possession for Sale or Tes |
| Thu, 05 Dec 2024 11:30:37 IST |
| SC has observed that prohibition on a buttondar knife which has been brought under the mischief of the Arms Act, 1959 would be applicable only when the recovered knife is meant for the specified reasons i.e., 'manufacture, sale or possession for sale or test' as indicated in the DAD notification. |
| INSOLVENCY - NCLAT: Authority Can't Pass Adverse Remarks against RP Performing Duties as Per CoC's Instruction |
| Thu, 05 Dec 2024 11:30:25 IST |
| NCLAT New Delhi bench has held that the Adjudicating Authority cannot pass adverse remarks against the Resolution Professional who is performing duties as per the instructions of Committee of Creditors. |
| CRIMINAL - Del. HC: Collection of Funds to Commit Offence in Future Not Money Laundering Under PMLA |
| Thu, 05 Dec 2024 11:30:14 IST |
| Delhi High Court has stated that the proceeds of crime has to be generated as a result of criminal activity. The collection of funds in an illegal way to commit a scheduled offence in future is not an offence of money laundering under PMLA. |
| CIVIL - Gau. HC: Thorough Enquiry to be Conducted before Declaring a Monument as Ancient |
| Thu, 05 Dec 2024 11:30:03 IST |
| Gauhati HC has observed that the condition precedent for declaring any monument including tumulus/burial ground/cemetery as an ancient monument is that the State Government must first cause a thorough enquiry as to the antiquity and the age of the monument to be protected. |
| CIVIL - Rajasthan High Court: Suo-Motu Cognizance Taken Over Lack of Public Washrooms |
| Thu, 05 Dec 2024 11:29:52 IST |
| Rajasthan High Court while taking suo-motu cognizance over lack of sanitary public washrooms for women, has observed that the facilities available to women walking on the street are almost negligible and in no way proportionate to the existing facilities vis-a-vis the women population. |
| DIRECT TAXATION - Ker. HC: Loss in Derivative Business Would be a Business Loss for Purposes of Section 72 of IT Act |
| Thu, 05 Dec 2024 11:29:40 IST |
| Kerala High Court has observed that a loss in the derivative business would consequently be a business loss for the purposes of Section 72 of the Income Tax Act, 1961 and a set off of such business loss would have to be permitted against profits and gains of business as computed in terms of the Act. |
| SERVICE - Tel. HC: Teacher Eligibility Test Guidelines Framed to Ensure that Competent Persons are Recruited |
| Thu, 05 Dec 2024 11:29:29 IST |
| Tel. HC has observed that guidelines for conducting Teacher Eligibility Test have been framed to ensure that competent persons are recruited as Teachers and they should possess the essential aptitude and ability to meet the challenges of teaching at the primary and upper primary levels. |
| CRIMINAL - SC: Right to Get Legal Aid is a Fundamental Right of Accused, Guaranteed by Article 21 of COI |
| Wed, 04 Dec 2024 12:12:55 IST |
| SC has stated that right to get legal aid is a fundamental right of accused, guaranteed by Article 21 of COI. When an accused has either not engaged an advocate or doesn't have sufficient means to engage an advocate, it is trial court's duty to inform accused of his right to obtain free legal aid. |
| CRIMINAL - Supreme Court Issues Directions for Effective Compliance of POSH Act, 2013 |
| Wed, 04 Dec 2024 12:12:46 IST |
| Supreme Court after observing serious lapses in the implementation of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 has issued a comprehensive set of guidelines for effective compliance of the Act. |
| CIVIL - Bharatiya Vayuyan Vidheyak, 2024 tabled in Rajya Sabha |
| Wed, 04 Dec 2024 12:12:36 IST |
| Union Aviation Minister has tabled the Bharatiya Vayuyan Vidheyak, 2024 for passage in Rajya Sabha. The bill seeks to repeal the Aircraft Act, 1934 and was passed by Lok Sabha in the previous session of Parliament. |
| CIVIL - Lok Sabha passes Banking Laws (Amendment) Bill, 2024 |
| Wed, 04 Dec 2024 12:12:25 IST |
| Lok Sabha has passed the Banking Laws (Amendment) Bill, 2024 which includes bank accounts to have four nominees among other changes. Under this amendment depositors can either opt for simultaneous nominations or successive nominations. |
| CIVIL - Rajya Sabha Passes Oilfields (Regulation and Development) Amendment Bill, 2024 |
| Wed, 04 Dec 2024 12:12:13 IST |
| Rajya Sabha has passed the Oilfields (Regulation and Development) Amendment Bill, 2024 which aims at reforming the framework governing oil, gas exploration and production. The bill also delinks petroleum operation from mining operations to boost investment. |
| CRIMINAL - Del. HC: Judgment Requiring ED to Supply 'Reasons to Believe' to Arrestee to be Applied Prospectively |
| Wed, 04 Dec 2024 12:12:02 IST |
| Delhi High Court has held that the judgment in Arvind Kejriwal Vs. Directorate of Enforcement (MANU/SC/0610/2024; 2024 INSC 512), requiring supply of "reasons to believe" by Enforcement Directorate to a person arrested under PMLA as a separate document, will not have a retrospective application. |
| CRIMINAL - Cal. HC: Person Claiming Non-Access to a Relationship Has Right to Prove the Same |
| Wed, 04 Dec 2024 12:11:35 IST |
| Calcutta High Court has held that if an accused denies paternity of the child and claims non-access to a relationship it is the right of the accused to have the same proved by way of evidence available/ possible. |
| CRIMINAL - Supreme Court Issues Guidelines for Legal Aid Lawyers, Prosecutors |
| Tue, 03 Dec 2024 11:09:27 IST |
| SC, while setting aside the conviction of man accused of committing rape/murder without providing proper legal aid has issued guidelines explaining the role of Public Prosecutor and Legal Aid Counsels in maintaining procedural fairness & fundamental rights of accused during criminal trials. |
| ELECTION - SC Rejects Plea Challenging SC/ST Reservations in Punjab's Gram Panchayat Posts |
| Tue, 03 Dec 2024 11:09:16 IST |
| The Supreme Court has rejected the plea challenging reservation of seats for Scheduled Castes/Tribes in Gram Panchayat elections in village in Ferozepur, Punjab. |
| ENVIRONMENT - SC Refuses to Relax GRAP-IV Restriction in National Capital |
| Tue, 03 Dec 2024 11:09:05 IST |
| The Supreme Court has refused to relax the restrictions under the Graded Action Response Plan (GRAP) Stage-IV imposed in Delhi to tackle air pollution and decided to consider the same on December 5, after analysing the downward trend of the Air Quality Index (AQI). |
| CIVIL - SC to States/UTs: File Status Report on Suggestions for Proper Implementation of DV Act |
| Tue, 03 Dec 2024 11:08:54 IST |
| The Supreme Court has directed the States and Union Territories to file a status report in response to the suggestions given by an NGO for the effective implementation of the Protection of Women from Domestic Violence Act, 2005. |
| CRIMINAL - SC Stays Arrest of YSR Congress Party's Social Media Head for 2 weeks |
| Tue, 03 Dec 2024 11:08:42 IST |
| The Supreme Court has stayed the arrest to YSR Congress Party's social media head, Sajjala Bhargav Reddy for two weeks and directed him to approach the Andhra High Court for appropriate remedy. |
| CRIMINAL - SC Provides Interim Protection to Journalist Mamta Tripathi in UP Police FIR |
| Tue, 03 Dec 2024 11:08:31 IST |
| The Supreme Court has granted interim protection against coercive action to journalist Mamta Tripathi who was booked over an alleged defamatory video report dated September 23, 2023 published by Dainik Bhaskar. |
| CONTEMPT OF COURT - SC Stays Contempt Proceedings in Gujarat High Court Against Judicial Officer |
| Tue, 03 Dec 2024 11:08:20 IST |
| Supreme Court has stayed the contempt proceedings initiated against a judicial officer, by the Gujarat High Court and included him as a respondent in a contempt petition filed by a person who alleged that he was illegally arrested in violation of the SC's guidelines in the Arnesh Kumar case. |
| CRIMINAL - Calcutta HC Allows Bail Application of Former TMC aide Ayan Sil in Recruitment Scam Case |
| Tue, 03 Dec 2024 11:08:10 IST |
| Calcutta High Court has allowed a bail application filed by the former TMC leader, Santanu Banerjee's aide Ayan Sil in connection with the recruitment scam case, wherein high ranking Trinamool Congress leaders were being probed by the ED and CBI. |
| SERVICE - Raj. HC: Candidate's rejection merely because he suffered disability below the minimum degree illegal |
| Tue, 03 Dec 2024 11:07:59 IST |
| The Rajasthan HC while imposing cost on Oil and Natural Gas Corporation Limited for rejecting the candidature of a person with disability has observed that candidate's rejection merely because he suffered disability lower than minimum degree of disability of 40% was an illegal action by ONGC. |
| CRIMINAL - SC: Refusing to Marry Someone Doesn't Attract Offence of Abetment to Suicide |
| Mon, 02 Dec 2024 11:20:54 IST |
| Supreme Court while setting aside conviction of a person charged with abetment to suicide, has observed that merely refusing to marry someone will not attract the offence under Section 306 of the Indian Penal Code, 1860. |
| SERVICE - SC: Can't Deny Experience Marks to Candidate Performing Regular Duties in Unsanctioned Post |
| Mon, 02 Dec 2024 11:20:43 IST |
| Supreme Court has held that a candidate cannot be denied the benefit of mark for experience merely because at the time of appointment as outsourced manpower the candidate was not appointed on a sanctioned post but performed duties aligning with the sanctioned post. |
| CRIMINAL - Del. HC: Magistrates Cannot Question Validity of FIR under their Power to Supervise Investigation |
| Mon, 02 Dec 2024 11:20:31 IST |
| Delhi High Court has held that under the power to supervise investigation, Magistrates and Special Courts cannot question the validity of the FIR and must remain silent till filing of the final report under Section 173(2) of CrPC. |
| INSOLVENCY - NCLAT: Can Set Aside Fraudulent Initiation of CIRP while hearing appeal u/s 61 of IBC |
| Mon, 02 Dec 2024 11:20:19 IST |
| NCLAT New Delhi bench has held that while hearing an appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016, NCLAT can set aside fraudulent initiation of the CIRP. |
| INSOLVENCY - NCLAT: Can Admit Application u/s 7 of IBC if Interest on Principal Amount Crosses Threshold Limit |
| Mon, 02 Dec 2024 11:20:08 IST |
| NCLAT Delhi bench has held that application under Section 7 of Insolvency and Bankruptcy Code, 2016 can be admitted if interest on principle amount disbursed to the corporate debtor crosses the threshold limit as provided under section 4 of the Code. |
| INSOLVENCY - NCLAT: Amount Belonging to Corpo. Debtor Can be Recovered by Liquidator by Filing Application u/s 60 |
| Mon, 02 Dec 2024 11:19:57 IST |
| NCLAT New Delhi bench has held that amount belonging to the Corporate Debtor can be recovered by Liquidator by filing an application under Section 60(5)(c) of the Insolvency and Bankruptcy Code, 2016 before the NCLT. |
| ARBITRATION - HP HC: When Award is Passed Without Giving Reasons, it Suffers from Patent Illegality |
| Mon, 02 Dec 2024 11:19:46 IST |
| Himachal Pradesh High Court has held that when an award is passed without giving reasons regarding the adjudication of disputes, the award is said to be suffering from patent illegality and is liable to be set aside. |
| CRIMINAL - P&H HC: Victim Going With Accused to Crowded Place & Not Raising Alarm Shows Consensual Relationship |
| Mon, 02 Dec 2024 11:19:34 IST |
| Punjab and Haryana High Court while acquitting a person convicted for committing aggravated sexual penetrative assault, has observed that the victim's act of accompanying the accused to a crowded place and not raising alarm to attract attention, denotes consensual relationship. |
| SERVICE - Ker. HC: On Nature of Disability, AFT should Not Lightly Interfere with Opinion of Medical Board |
| Mon, 02 Dec 2024 11:19:22 IST |
| Ker. HC has observed that Armed Forces Tribunal (AFT) shall give due deference to opinion of the Medical Board and will not lightly interfere with or substitute views of Medical Board Experts regarding nature of disability of ex-service personnel while deciding question granting disability pension. |
| CRIMINAL - SC: PMLA Accused to File Undertaking if Bail Granted on Ground of Delay in Trial |
| Fri, 29 Nov 2024 10:58:28 IST |
| Supreme Court has stated that whenever it will pass the order of granting bail in money laundering cases on the ground that trial will take time it will take an undertaking regarding adjournments and co-operation with trial from the accused. |
| LAW OF EVIDENCE - SC: Recovery on Basis of Statement by Accused before Section 27 Disclosure is Not Admissible |
| Fri, 29 Nov 2024 10:58:18 IST |
| Supreme Court has held that recovery of materials on the basis of statements given by accused prior to recording of statement under Section 27 of Indian Evidence Act, 1872 is not admissible. |
| SERVICE - Del. HC: Medical Condition of Epilepsy Cannot be Attributed to One's Service |
| Fri, 29 Nov 2024 10:58:07 IST |
| Delhi High Court while dismissing an appeal of a Navy officer seeking disability pension on the ground of epilepsy, has observed that a disease like Epilepsy cannot be due to a person's services as it is more of a condition which is dormant and occurs periodically. |
| INSOLVENCY - NCLAT: In Absence of Debt & Default, Application Under Section 7 of IBC Can't be Admitted |
| Fri, 29 Nov 2024 10:57:57 IST |
| NCLAT Delhi bench has held that in absence of any debt and consequent default on the part of the corporate debtor, application under section 7 of the Insolvency and Bankruptcy Code, 2016 cannot be admitted. |
| INSOLVENCY - NCLAT: Application u/s 9 of IBC to be Rejected if Plausibility of Pre-Existing Dispute Established |
| Fri, 29 Nov 2024 10:57:46 IST |
| NCLAT New Delhi Bench has held that once plausibility of a pre-existing dispute is established, application under Section 9 of Insolvency and Bankruptcy Code is to be rejected and Adjudicating Authority is not required to make further detailed investigation. |
| INSOLVENCY - NCLAT: Without Payment in Discharge of Guarantee, Guarantor Cannot Become Financial Creditor |
| Fri, 29 Nov 2024 10:57:35 IST |
| NCLAT New Delhi bench has held that without paying amount towards discharging liability of principal borrower for whom guarantee was given, guarantor cannot become a financial creditor. |
| CRIMINAL - Bom. HC: While Enforcing Foreign Awards, Courts Cannot Go into Merits |
| Fri, 29 Nov 2024 10:57:24 IST |
| Bombay High Court has held that while enforcing foreign awards under Section 48 of the Arbitration and Conciliation Act, 1996 Courts cannot go into the merits of the case as jurisdiction of enforcement court under this section is very limited. |
| FAMILY - Cal HC: For Maint. Strict Proof of Marriage not Required if Couple Living as Husband & Wife for Long |
| Fri, 29 Nov 2024 10:57:13 IST |
| Calcutta High Court has held that where a man and woman have been living together as husband and wife for a reasonable long period of time, strict proof of marriage should not be a pre-condition for maintenance under Section 125 of the Code of Criminal Procedure, 1973. |
| NARCOTICS - Mad. HC: Magic Mushroom Per Se Doesn't Satisfy Requirement of Narcotic Drug under NDPS Act |
| Fri, 29 Nov 2024 10:57:03 IST |
| Mad. HC has stated that magic mushroom per se does not satisfy the requirement of the narcotic drug u/s 2(xiv) or a psychotropic substance under Section 2(xxiii) of NDPS Act. Magic mushroom per se cannot be called contraband and it is construed as contraband only because it contains psilocybin. |
| SERVICE - Ker. HC: When Pay Revised Retrospectively it Should Be Taken Into Account When Calculating Pension |
| Fri, 29 Nov 2024 10:56:53 IST |
| Kerala High Court has observed that when the pay is revised retrospectively, that revised pay should be taken into account when calculating the pension, even if the pensioner retired prior to the issuance of the pay revision order, provided he is entitled to get the revised pay. |
| SERVICE - SC: Promotion Becomes Effective Upon Assumption of Duties on Promotional Post |
| Thu, 28 Nov 2024 11:28:02 IST |
| Supreme Court has observed that promotion only becomes effective upon the assumption of duties on the promotional post and not on the date of occurrence of the vacancy or the date of recommendation. |
| CRIMINAL - SC: Not Necessary for Bribery Amount to be Substantial for Drawing Presumption u/s 20 of P&C Act |
| Thu, 28 Nov 2024 11:27:50 IST |
| Supreme Court while convicting a government servant for taking bribery of Rs. 2000, has observed that, to draw presumption under Section 20 of the Prevention of Corruption Act, 1988 it is not necessary for the bribery amount to be substantial. |
| CRIMINAL - SC: Not Laid Down that Case for Bail Can be Considered Only after Convict Undergoes Half Sentence |
| Thu, 28 Nov 2024 11:27:36 IST |
| Supreme Court while hearing a petition that challenged Madhya Pradesh High Court 's refusal to suspend sentence, has observed that this Court has not laid down that the case for bail can be considered only after convict undergoes half of the sentence. |
| CRIMINAL - SC: Courts to Ensure Distant Relatives are Not Unnecessarily Impleded in Cases of Domestic Cruelty |
| Thu, 28 Nov 2024 11:27:19 IST |
| Supreme Court has cautioned Courts to ensure that in domestic cruelty cases under section 498A of the Indian Penal Code, 1860 distant relatives of the husband are not unnecessarily impleaded. |
| MOTOR VEHICLES - Cal HC: Invalid DL on Date of Accident Constitutes Violation of T&C of Insurance Policy |
| Thu, 28 Nov 2024 11:27:06 IST |
| Cal. HC has held that when the driving licence of driver is not valid on the date of accident, it constitutes a violation of the terms and conditions of the insurance policy by the owner of the offending vehicle by allowing such driver to drive the vehicle without valid licence. |
| INSOLVENCY - NCLAT: Can't Reject Petition u/s 9 of IBC on Grounds of False Claim of Pre-Existing Dispute |
| Thu, 28 Nov 2024 11:26:55 IST |
| NCLAT New Delhi bench has held that petition under Section 9 of Insolvency and Bankruptcy Code, 2016 cannot be rejected on grounds of false claims of pre-existing dispute. |
| INSOLVENCY - NCLAT: Can't Treat Share Application Money Deposited With Corporate Debtor as Financial Debt |
| Thu, 28 Nov 2024 11:26:43 IST |
| NCLAT New Delhi bench has held that share application money which has been deposited with the corporate debtor cannot be treated as financial debt under Section 5(8) of Insolvency and Bankruptcy Code, 2016. |
| INSOLVENCY - NCLAT: Cannot Modify Information Memorandum on Basis of Which RP is Submitted & Approved |
| Thu, 28 Nov 2024 11:26:28 IST |
| NCLAT New Delhi bench has held that there cannot be any modification of Information Memorandum that is prepared by Resolution Professional, on the basis of which the Resolution Plan(RP) was submitted and later approved by the Committee of Creditors. |
| CIVIL - SC: Changing Religion Just to Avail Benefit of Reservation Without Genuine Belief Amounts to Fraud |
| Wed, 27 Nov 2024 17:40:41 IST |
| SC has stated that conferment of Scheduled caste communal status to a person, who is a Christian by religion, but claims to be still embracing Hinduism only for purpose of availing reservation in employment, would go against the object of reservation and would amount to fraud on the Constitution. |
| CRIMINAL - SC: Concerning that Criminal Law is Being Used Against Men Once Consensual Relationship Ends |
| Wed, 27 Nov 2024 17:40:31 IST |
| SC has observed that it is evident from large number of cases decided by this Court that there is a worrying trend that consensual relationships going on for prolonged period, upon turning sour, have been sought to be criminalised by invoking criminal jurisprudence. |
| CRIMINAL - Kar. HC: Accused Can't Seek Bail on Completing 1/3rd Sentence if Booked in Multiple Cases |
| Wed, 27 Nov 2024 17:40:21 IST |
| Karnataka HC has held that when the offences are different as well as when more number of cases are registered against the accused, he cannot invoke the proviso under Section 479 of BNSS seeking the relief of bail on the ground of one third punishment. |