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CRIMINAL - Delhi HC Dismisses Sachin Waze's Plea Against UAPA Sanction in Antilia Bomb Scare Case
Fri, 07 Oct 2022 14:01:14 IST

Delhi High Court has dismissed the plea moved by former Mumbai police officer Sachin Waze for quashing of the prosecution sanction granted under Unlawful Activities Prevention Act (UAPA) against him in connection with Antilia bomb scare case.

CIVIL - Bombay HC Expresses Alarm at Over 2 Lakh Encroachments on Grazing Lands
Fri, 07 Oct 2022 14:01:01 IST

Bombay High Court has expressed alarm on being informed by the state government that there are 2,22,153 illegal constructions on government owned Gairan lands in the state and directed the state government to ensure that no further encroachments on such lands occur.

GOODS AND SERVICES TAX - Karnataka HC: GST And Excise Duty leviable on Tobacco And Tobacco-derived Products
Fri, 07 Oct 2022 14:00:41 IST

Karnataka High Court has held that the Union government is entitled to levy Central GST (CGST) as well as excise duty on tobacco and tobacco-derived products.

HUMAN RIGHTS - Delhi HC to DDA: Pay ?10 Lakh to Kin of Two Men Who Died in Outer Delhi Sewer
Fri, 07 Oct 2022 10:24:31 IST

Delhi High Court has directed the Delhi Development Authority (DDA) to pay a compensation of Rs. 10 lakhs each to the family of two men, who died due to inhalation of toxic gases inside a sewer in city's Mundka area.

CIVIL - Gujarat HC: Not Our Duty to Tell State to Construct Schools, Hospitals
Fri, 07 Oct 2022 10:24:15 IST

Gujarat High Court while hearing a PIL highlighting the fact that despite orders of collector passed in 2016, authorities haven't constructed civil hospital in Anand district, has held that it wasn't the duty of the courts to tell State authorities to build hospitals, schools, sports complexes etc.

FEMA - Kar. HC Declines to Stay FEMA Authority's Confirmation Order on Seizure of Xiaomi's ?5551.27 Crores
Fri, 07 Oct 2022 10:24:03 IST

Karnataka High Court has refused to grant interim relief to Xiaomi Technology India Private Limited against order passed by Competent Authority appointed under Foreign Exchange Management Act (FEMA), confirming order issued by Enforcement Directorate seizing Rs.5551.27 crores, of company.

MOTOR VEHICLES - Ker. HC Cracks Whip on Buses With Illegal Alterations & YouTube Vloggers Promoting Such Vehicles
Fri, 07 Oct 2022 10:23:50 IST

Kerala High Court while initiating suo moto proceedings on Vadakkancherry bus accident, has called for strong action against tourist buses fitted with illegal modifications and YouTube vloggers who promote such vehicles which pose potential threat to safety of passengers and other road users.

ELECTION - Patna HC Holds OBC/EBC Quota in Bihar Municipal Body Polls Illegal
Fri, 07 Oct 2022 10:23:20 IST

Patna High Court while holding reservation of seats for Other Backward Classes (OBC) and Extremely Backward Classes in urban local body elections as illegal, has held that providing for the quotas in question had failed two out of three tests to determine the groups' political backwardness.

CRIMINAL - Delhi Court Denies Bail to Saleem Malik in Delhi Riots Larger Conspiracy Case
Fri, 07 Oct 2022 10:23:06 IST

Delhi Court has denied bail to Saleem Malik alias Munna, an accused in case alleging larger conspiracy behind 2020 North East Delhi riots and held that he attended conspiratorial meetings and was also one of the organizers of Chand Bagh protest site where alleged inflammatory speeches were given.

CRIMINAL - Delhi HC: Mere Engagement Does Not Permit a Person to Sexually Assault His Fiance
Thu, 06 Oct 2022 14:30:54 IST

Delhi High Court while denying bail to a man accused of raping his fiance multiple times on the pretext of their planned marriage, has held that mere fact of being engaged does not mean that the accused can sexually assault, beat or threaten her.

FAMILY - Bombay HC: Well Qualified Wife Expressing Desire to Pursue Job Not Cruelty
Thu, 06 Oct 2022 14:30:42 IST

Bombay High Court while hearing an appeal against family court's refusal to grant divorce to the husband on the ground that cruelty is not proven, has held that a wife expressing a desire to work does not amount to cruelty under the Hindu Marriage Act.

CRIMINAL - Centre Appoints Delhi HC Judge Justice Dinesh Kumar Sharma as Presiding Officer of UAPA Tribunal
Thu, 06 Oct 2022 14:30:29 IST

Central Government has appointed Delhi High Court judge Justice Dinesh Kumar Sharma as the Presiding Officer of the Unlawful Activities (Prevention) Tribunal which will review the ban imposed on the Popular Front of India (PFI) and its affiliated organisations.

LAW OF MEDICINE - Delhi HC: Existing Panel of Delhi Govt. Can't Continue to Function Under Mental Healthcare Act
Thu, 06 Oct 2022 09:52:01 IST

Delhi High Court while rejecting Delhi Government stand that State Authority for Mental Health Services can continue to function as it is under Mental Healthcare Act, 2017, has held that new enactment required state governments to constitute a new body - the State Mental Health Authority.

CRIMINAL - Delhi HC Orders Shifting of Kashmiri Separatist Leader to AIIMS After Cancer Diagnosis
Thu, 06 Oct 2022 09:51:40 IST

Delhi High Court has directed RML Hospital and Tihar Jail authorities to ensure that the Kashmiri separatist leader Altaf Ahmad Shah, who has been in custody since 2018 in terror funding case, is shifted to AIIMS Delhi, after he was diagnosed with renal cancer.

CRIMINAL - Bombay High Court Grants Bail to Anil Deshmukh in Money Laundering Case
Thu, 06 Oct 2022 09:51:28 IST

Bombay High Court has granted bail to former Maharashtra home minister Anil Deshmukh, 73, in a money laundering case being investigated by the Enforcement Directorate. However, Deshmukh will continue to remain in prison as he in custody in another case too.

MOTOR VEHICLES - SC: Dependents Entitled to Compensation for Loss of Income Even if They Inherit Business of Deceased
Tue, 04 Oct 2022 14:24:00 IST

Supreme Court has held that motor accident compensation need not be reduced for the sole reason that that the business ventures and properties of the deceased were bequeathed to the claimants.

FAMILY - Delhi HC: Section 17 of Senior Citizens Act No Bar for Lawyer Representing Parties Before Tribunal
Tue, 04 Oct 2022 14:23:44 IST

Delhi High Court has held that Section 17 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 would not come in the way of a lawyer representing a party before the Maintenance Tribunal.

CRIMINAL - Kerala HC: Mistake by Court Staff Not Sufficient Ground to Non-Suit Party
Tue, 04 Oct 2022 14:23:23 IST

Kerala High Court has held that non-compliance of the Kerala Criminal Rules of Practice by the court staff would not be sufficient ground to non-suit the complainant or any party and the Court will be under the obligation to undo the wrong.

CIVIL - SC: Sometimes Lawyers Only Obstruct Justice by Seeking Adjournment After Coming to Court Unprepared
Tue, 04 Oct 2022 10:06:56 IST

Supreme Court has lamented the practice of adjournments being sought by lawyers who come to court without preparing to argue the case, and stated that such practice is delaying justice delivery.

COMMERCIAL - Cal. HC: Builders Cannot Seek Extension for Construction After Expiry of Sanction Plan
Tue, 04 Oct 2022 10:06:38 IST

Calcutta High Court has held that builders cannot file for extension of sanctioned building plans after expiry of the period permitted for construction and must obtain a fresh sanction as per the Kolkata Municipal Corporation Act, 1980.

CRIMINAL - Bombay HC: Custodial Interrogation is Not Imperative Merely Because Offence is Murder
Tue, 04 Oct 2022 10:06:24 IST

Bombay High Court while granting anticipatory bail to accused booked under Section 302 of IPC, has held that custodial interrogation of an accused is not mandatory merely because he is booed in a murder case.

CRIMINAL - Allahabad HC: Person Out on Regular Bail Can be Granted Anticipatory Bail in Added Sections
Tue, 04 Oct 2022 10:06:11 IST

Allahabad High Court has held that a person who has already been granted regular bail under Section 439 of CrPC and if it found that he has not misused the liberty, then he may be granted anticipatory bail under Section 438 of CrPC in connection with added sections related to the same crime.

SERVICE - Raj. HC: Setting Different Retirement Age for Allopathic & Ayurvedic Doctors Unconstitutional
Tue, 04 Oct 2022 10:05:56 IST

Rajasthan High Court has held that distinction created between Allopathic and Ayurvedic doctors by setting different retirement ages, is unconstitutional as it was discriminatory and impermissible in law under Article 14 of the Constitution.

ELECTION - Kar. HC Quashes Govt Notification for OBC, Women Reservation in BBMP Elections
Tue, 04 Oct 2022 10:05:42 IST

Karnataka High Court has set aside notification issued by state whereby it notified ward wise reservation for 243 wards of BBMP out of which, 81 wards are reserved for backward classes and 120 wards were reserved for women randomly.

BANKING - Kar. HC: Bank Can Initiate Criminal Action if A/C Declared Fraud, Even After Invoking SARFAESI Act
Tue, 04 Oct 2022 10:05:28 IST

Karnataka High Court has held that Central Bureau of Investigation (CBI) can investigate complaint registered by a bank against company and its directors, even after initiation of proceedings under the SARFAESI Act and possession of the recovery certificate.

COMMERCIAL - SC: Terms of Invitation to Tender Not Open to Judicial Scrutiny Unless They Are Arbitrary
Mon, 03 Oct 2022 14:04:57 IST

Supreme Court while setting aside Delhi High Court's order which had quashed Airport Authority of India's tender conditions for selecting Ground Handling Agencies, has held that terms of invitation to tender are not open to judicial scrutiny, unless that are arbitrary, mala fide or discriminatory.

FAMILY - Bombay HC: Woman Who Leaves Matrimonial House Before Divorce Can't Claim Right to Reside in House
Mon, 03 Oct 2022 14:04:45 IST

Bombay High Court has held that a woman, who leaves her matrimonial house before her divorce, cannot later seek right to residence under the Protection of Women from Domestic Violence Act, 2005 (DV Act) even if her appeal against the divorce decree is pending.

ARBITRATION - Cal. HC: Requirements of S.21 Arbitration Act Must be Complied Before Invoking Jurisdiction U/S 11
Mon, 03 Oct 2022 14:04:33 IST

Calcutta High Court while hearing application under Section 11 of Arbitration and Conciliation Act, 1996 (Arbitration Act), held that since requirement of Section 21 of Arbitration Act had not been complied with, the application was liable to be dismissed for being premature.

LAW OF EVIDENCE - Cal. HC: Writ Court Can't Re-appreciate Evidence Already Examined by Industrial Tribunal
Mon, 03 Oct 2022 14:04:21 IST

Calcutta High Court has held that High Courts can't interfere with awards passed by Tribunals by re-appreciating evidence already considered and examined by such Tribunals, unless order passed by Tribunal was wholly perverse or such order was result of having acted on no evidence whatsoever.

CRIMINAL - Orissa HC Directs Govt to Pay Compensation to 2008 Kandhamal Riot Victim's Kin
Mon, 03 Oct 2022 14:04:09 IST

Orissa High Court while expressing shock over Odisha government's rejection of a claim for grant of compensation to the brother of a man, who died in Kandhamal communal riots, has ordered State to pay the petitioner an aggregate compensation, as was paid to the other riot victims.

CONSUMER - DCDRC: E-Commerce Portal Liable if Seller Does Not Mention Country of Origin of Product
Mon, 03 Oct 2022 14:03:53 IST

District Consumer Disputes Redressal Commission (DCDRC), Hyderabad while holding an e-commerce platform liable for vendor not displaying country of origin of product, has held that inducing consumer to purchase particular product without mentioning origin of country is a deceptive practice.

RIGHT TO INFORMATION - SC: 2015 Judgment Directing RBI to Disclose Defaulters List Might Affect Customer's Privacy
Mon, 03 Oct 2022 10:51:50 IST

Supreme Court has expressed prima facie doubts about its 2015 judgment in case of Reserve Bank of India v. Jayantilal Mistry which had held RBI was obliged to disclose defaulters list etc., related to banks under Right to Information Act, noting that it affect individual's right to privacy.

CIVIL - SC: Law Commission's Report Against Uniform Civil Code has a Shaky Foundation
Mon, 03 Oct 2022 10:51:39 IST

Supreme Court while refusing to entertain a plea seeking a Uniform Civil Code (UCC) for India, has orally remarked that report of Law Commission of India which had stated that UCC was undesirable was based on judgement which had been twice doubted by Supreme Court and hence had a shaky foundation.

CIVIL - SC: Every Problem Does Not Have a Solution Through Article 32
Mon, 03 Oct 2022 10:51:28 IST

Supreme Court while refusing to issue notice to States in a plea seeking policy for population control in India, has remarked that it would only issue notice to States after it is satisfied by the petition itself, and not every problem has a solution under Article 32.

CRIMINAL - SC: Preventive Detention Will Be Vitiated by Unexplained Delay in Passing Order
Mon, 03 Oct 2022 10:51:16 IST

Supreme Court has held that unreasonable and unexplained delay in passing the order of detention from the date of the proposal can vitiate the detention order, and there should be live and proximate link between the grounds of detention and the purpose of detention.

CRIMINAL - SC: Video of Confession Made Before Police Inadmissible in Evidence
Mon, 03 Oct 2022 10:51:03 IST

Supreme Court while setting aside concurrent conviction in a murder case, has held that videography containing confession made by an accused to police under Section 161 of CrPC is not admissible as evidence.

CIVIL - SC to BCI: Dispose Off Complaints Against Lawyers by December 31
Mon, 03 Oct 2022 10:50:48 IST

Supreme Court while extending time for Bar Council of India (BCI) to dispose off complaints against advocates received by it by 31st December, has held that complaints made by litigants are required to be disposed off at earliest so that litigants may continue to have faith in the profession.

CRIMINAL - Delhi HC Dismisses Satyendar Jain's Plea Against Transfer of Proceedings in PMLA Case
Mon, 03 Oct 2022 10:50:37 IST

Delhi High Court has dismissed the plea moved by Aam Aadmi Party leader Satyendar Jain challenging the transfer of proceedings against him in money laundering case from a Special Court to another judge recently, and stated that the apprehensions of Enforcement Directorate are not unreasonable.

CIVIL - Del HC: FSSAI Must Ensure Speedy Inspection of Imported Food Articles for Home Consumption Release
Mon, 03 Oct 2022 10:50:24 IST

Delhi High Court has held that the authorities of Food Safety and Standards Authority of India (FSSAI) have an obligation to ensure that all imported articles of food are inspected with due expedition and promptitude.

PROPERTY - Cal. HC: State Can't Claim Title to Land Belonging to Citizens by Using Adverse Possession Doctrine
Mon, 03 Oct 2022 10:50:12 IST

Calcutta High Court has observed that the State, professing to be a welfare state, cannot claim to have perfected its title over a piece of land by invoking the doctrine of adverse possession to grab the property of its own citizens.

CRIMINAL - Cal. HC Acquits Man Convicted 34 Years Ago by Trial Court for Allegedly Abetting Wife's Suicide
Mon, 03 Oct 2022 10:49:58 IST

Calcutta High Court has acquitted a man convicted by the trial court of abetting the suicide of his wife 36 years ago by inflicting cruelty upon her. The Court found that the prosecution had failed to prove the charge beyond all reasonable doubt before the Trial Court.

RIGHT TO INFORMATION - Calcutta HC: Right to Privacy Entitles Person to Carry Secrets to Grave
Mon, 03 Oct 2022 10:49:43 IST

Calcutta High Court while directing police to immediately withdraw WhatsApp messages and photographs of deceased woman with her friend, that were disclosed by it under RTI Act, has held hat right to privacy also includes belief that a person should be allowed to carry their secrets to the grave.

CIVIL - Madras HC to State: Grant Permission for RSS Route March for November 6
Mon, 03 Oct 2022 10:49:29 IST

Madras High Court has directed Tamil Nadu government to grant permission for Rashtriya Swayamsevak Sangh (RSS) to conduct their route march on November 6th instead of October 2.

RIGHT TO INFORMATION - Ker. HC: Legal Advice Given by Advocate General to Government Exempted from Disclosure Under RTI Act
Mon, 03 Oct 2022 10:49:16 IST

Kerala High Court has held that the legal advice rendered by the Advocate General to the Government is exempted from disclosure under Section 8(1)(e) of the Right to Information Act, 2005 as the relationship between the two constituted a fiduciary relationship.

CIVIL - SC: Lion Statue on Top of New Parliament Building Does Not Violate State Emblem Act
Fri, 30 Sep 2022 15:09:10 IST

Supreme Court has held that the lion sculpture installed atop the new Parliament building under construction as part of the Central Vista project does not violate the State Emblem of India (Prohibition of Improper Use) Act, 2005.

CRIMINAL - Delhi Court Grants Bail to Sharjeel Imam in 2019 Sedition Case
Fri, 30 Sep 2022 15:08:57 IST

Delhi Court has granted bail to former JNU student Sharjeel Imam in a sedition case which accuses him of delivering a 'provocative speech' that allegedly led to violence in the Jamia Nagar area in 2019.

CIVIL - Bombay HC: Dandiya And Garba Can be Performed Without Loudspeakers And DJ Sound
Fri, 30 Sep 2022 15:08:43 IST

Bombay High Court while granting permission to Ramdaspeth Plot Owners and Residents Association to organize its Navratri festival including dandiya and garba performances in a silence zone, has held that religious celebration can still be performed in a purely traditional and religious way.

CIVIL - Kar. HC: Advocates Act Confers No Right to Park Vehicle Inside Court Premises
Fri, 30 Sep 2022 15:08:30 IST

Karnataka High Court has held that Section 30 of the Advocates' Act only confers the right on the Advocates to practice and it does not confer any right on any advocate to park his/her vehicle inside Court premises.

CRIMINAL - SC Gives Suggestions to Centre on Prison Reforms: CSR Funded Private Jails
Fri, 30 Sep 2022 10:40:45 IST

Supreme Court while observing the questionable conditions of jails in the country, has suggested to Central government the idea of private jails and recommended to have large corporate as part of their Corporate Social Responsibility (CSR), to build jails.

CRIMINAL - SC: Rights of Under-trial Includes Right to Receive Medical Attention
Fri, 30 Sep 2022 10:40:34 IST

Supreme Court while directing Superintendent of Taloja Jail to take Gautam Navlakha to a hospital of his choice immediately for a thorough medical check-up, has held that right of an under-trial trial to receive medical attention would be a fundamental right.

SERVICE - Delhi HC: DTC Must Check Antecedents of Employees
Fri, 30 Sep 2022 10:40:22 IST

Delhi High Court while observing that Delhi Transport Corporation (DTC) is not expected to unleash untrained and unlicensed drivers on unsuspecting innocent public, has held that public transport undertaking is required to check antecedents of its prospective employees.

CRIMINAL - Allahabad HC Initiates Criminal Contempt Proceedings Against Litigants for Filing Forged Documents
Fri, 30 Sep 2022 10:40:10 IST

Allahabad High Court has initiated suo moto criminal contempt proceedings against two litigants for filing forged documents before the high court and issued non-bailable warrants of arrest against them.

CRIMINAL - All. HC: Not Mandatory to Summon Lower Court Record Before Deciding State's Plea for Grant of Leave
Fri, 30 Sep 2022 10:39:58 IST

Allahabad High Court has held that it is not mandatory for the High Court to summon the lower court record in every case before deciding the State Government's application for grant of leave to appeal against an acquittal order as provided under Section 378(3) of CrPC.

SERVICE - Kar. HC: Blood Relatives Can Share Employer-Employee Relationship Under Workmen's Compensation Act
Fri, 30 Sep 2022 10:39:46 IST

Karnataka High Court has held that under the Workmen's Compensation Act, there are no provisions prohibiting blood relatives to be employer and employee.

SERVICE - Ker. HC: Possession of Higher Qualification Presupposes Acquisition of Lower Qualification
Fri, 30 Sep 2022 10:39:33 IST

Kerala High Court has held that possession of higher qualifications by candidate in selection process presupposes acquisition of lower qualification, and where candidate doesn't hold essential qualification, but higher qualification, the same couldn't be taken to disqualify the candidate.

CIVIL - Kerala HC: State's Appeal Against Order Directing it to Release Funds to KSRTC Infructuous
Fri, 30 Sep 2022 10:39:18 IST

Kerala High Court while dismissing State government's appeal against an order directing it to release funds for KSRTC, has held that the appeal is infructuous.

LAW OF MEDICINE - SC: Wife Conceiving Out of Forced Sex Can Seek Abortion Under MTP Act
Thu, 29 Sep 2022 14:26:35 IST

Supreme Court while observing that rape must be held to include 'marital rape' for purpose of Medical Termination of Pregnancy (MTP) Act, has held that wives who conceived out of forced sex by husbands, will also come within ambit of 'survivors of sexual assault/rape/incest' mentioned in MTP Rules.

LAW OF MEDICINE - SC: Distinction Between Married & Unmarried Women for Abortion of Pregnancy is Unconstitutional
Thu, 29 Sep 2022 14:26:20 IST

Supreme Court has held that unmarried women are also entitled to seek abortion of pregnancy in term of 20-24 weeks arising out of consensual relationship, and exclusion of unmarried women who conceive out of live-in relationship from Medical Termination of Pregnancy Rules is unconstitutional.

CONSTITUTION - SC: Speaker Can't Deny Pension & Other Benefits to MLAs While Disqualifying Them Under 10th Schedule
Thu, 29 Sep 2022 14:26:08 IST

Supreme Court has held that under the Xth Schedule of the Constitution, the Speaker of a Legislative Assembly does not have power to deny pension and other benefits available to a former MLA while deciding a disqualification plea against him.

CIVIL - Delhi HC: Issuance of Notice to Unrelated Mail Address Does Not Constitute Due Despatch
Thu, 29 Sep 2022 14:25:54 IST

Delhi High Court has held that the issuance of e-mail-attaching electronic notice to an unrelated e-mail address does not constitute due despatch and, therefore, the notices cannot be said to have been issued on 31st March 2021.

CONSTITUTION - Raj. HC: Governor & Its Secretariat Not Independent Entities But Part & Parcel of State Govt
Thu, 29 Sep 2022 14:25:40 IST

Rajasthan High Court has held that Governor is Executive Head of State and all transactions of State Government are carried out under his name and therefore it is axiomatic that office of Governor is part and parcel of State Government.

CIVIL - Kerala HC Directs PFI to Deposit Over Rs 5 Crores Towards Hartal Damages
Thu, 29 Sep 2022 14:25:27 IST

Kerala High Court has directed Popular Front of India (PFI) to deposit amount of Rs.5.20 crores towards damages estimated by State Government as well as KSRTC as arising from destruction/damage caused to public/private property in State, within a period of two weeks.

FAMILY - SC: Able-Bodied Husband Should Earn by Legitimate Means And Maintain His Wife And Minor Child
Thu, 29 Sep 2022 10:51:37 IST

Supreme Court has held that husband is required to earn money even by physical labour, if he is an able-bodied, and must maintain his wife and minor child, and he cannot avoid his obligation, except on the legally permissible grounds mentioned in the statute.

CRIMINAL - SC Acquits Man Convicted for Alleged Rape & Murder of Minor Girl Without Any Evidence
Thu, 29 Sep 2022 10:51:23 IST

Supreme Court while acquitting a man who was sentenced to death for alleged rape and murder of a six year old girl, has noted that there are serious inherent contradictions in the statements made by prosecution witnesses and both the Trial Court and the High Court have overlooked it completely.

CIVIL - SC Allows Withdrawal of Petition Challenging Provisions of J&K Reservation Act 2005
Thu, 29 Sep 2022 10:51:09 IST

Supreme Court has allowed withdrawal of a petition seeking to declare certain provisions of Jammu and Kashmir Reservation Act, 2005 and related rules as illegal and unconstitutional. The Court allowed doing so after Court was told of developments which took place subsequent to filing of plea.

CRIMINAL - SC Pulls Up Centre for Not Deciding Mercy Petition of Balwant Singh Rajoana Within Time Limit
Thu, 29 Sep 2022 10:50:51 IST

Supreme Court has taken exception to apathetic attitude of the Central government in not considering the mercy petition filed by death row convict Balwant Singh Rajoana, in the Chief Minister Beant Singh assassination case and directed Centre to do so within 2 months.

MRTP/ COMPETITION LAWS - Delhi HC Dismissed Facebook India's Petition Challenging Probe Initiated by CCI
Thu, 29 Sep 2022 10:50:32 IST

Delhi High Court has dismissed Facebook India's petition challenging the probe initiated by Competition Commission of India (CCI) against it in connection with the national regulator's investigation into WhatsApp's privacy policy of 2021.

COMMERCIAL - Delhi HC Sets Aside Ban on Manufacture & Sale of Chewing Tobacco Products in National Capital
Thu, 29 Sep 2022 10:50:16 IST

Delhi High Court has quashed notifications prohibiting manufacture, storage, distribution or sale of Chewing Tobacco Products in national capital, and held that notifications were issued in a mechanical manner without following general principles laid down under Food Safety and Standards Act, 2006.

CIVIL - Delhi HC Issues Guidelines for Better Functioning of Child Care Institutions
Thu, 29 Sep 2022 10:50:00 IST

Delhi High Court while issuing guidelines for better functioning of child care institutions in national capital, has held it is unfortunate that apathy of authorities is seeping through cracks and hampering development of those at a vulnerable age.

COMMERCIAL - Bom HC: Can't Suspend License Citing Dispute Between Legal Heirs After Death of License Holder
Thu, 29 Sep 2022 10:49:36 IST

Bombay High Court has held that dispute between legal heirs cannot be a ground to suspend the liquor license held in the name of a deceased partner of a firm under the Maharashtra Prohibition Act 1949 and rules there under.

CRIMINAL - Allahabad HC: Victim Has No Right to Drop Case of Non-Compoundable Offence of Heinous Nature
Thu, 29 Sep 2022 10:49:21 IST

Allahabad High Court has held that a victim has no right in law to drop case of non-compoundable offence of heinous nature which badly affects society, and also stated that such cases become matter between State and accused and it is duty of State to ensure prosecution of offender in such cases.

CIVIL - Calcutta High Court Holds West Bengal Govt's 'Duare Ration Scheme' to be Illegal
Thu, 29 Sep 2022 10:49:01 IST

Calcutta High Court has held that West Bengal 'Duare Ration Scheme' under which the State government delivers foodgrains through the public distribution system at the doorsteps of beneficiaries is illegal and ultra vires the National Food Security Act, 2013.

SERVICE - Kar. HC: Grievance Redressal Committees of Startups & IT Co. Can't Decide Disputes qua Termination
Thu, 29 Sep 2022 10:48:46 IST

Karnataka High Court has held that the Grievance Redressal Committees established by various Startups and IT companies, in compliance with State government's notification issued in 2014, cannot decide disputes relating to termination of employment, as it relates to grievance of 'existing employee'.

CIVIL - P&H HC: Juvenile's Right to Travel Abroad Can be Curtailed
Thu, 29 Sep 2022 10:48:33 IST

Punjab and Haryana High Court has held that a juvenile who is in conflict with law does not have any fundamental or statutory right to pursue higher education abroad, and right to travel abroad can be curtailed in a reasonable, just and fair manner under Juvenile Justice Act.

GOODS AND SERVICES TAX - Rajasthan HC Dismisses Writ Petitions Challenging Levy of GST on Royalty
Thu, 29 Sep 2022 10:48:10 IST

Rajasthan High Court has dismissed a batch of writ petitions challenging the levy of GST on reverse charge basis on royalty of mining extraction.

CRIMINAL - Kerala HC Denies Bail to Sri Lankan Fishermen Apprehended on Suspicion of Involvement in Drug Cartel
Thu, 29 Sep 2022 10:47:57 IST

Kerala High Court has denied bail to six Sri Lankan fishermen who had been apprehended by the Indian Coast Guard officials on suspicion that they are part of international drug cartels and had been involved in transporting the same at the time of apprehension.

CIVIL - SC: Suit is Liable to be Dismissed if Necessary Party is Not Impleaded
Wed, 28 Sep 2022 15:16:57 IST

Supreme Court while laying down twin test for being considered as a necessary party, has held that suit is liable to be dismissed if a 'necessary party' is not impleaded.

CIVIL - SC: Litigant Can't be Expected to Wait Indefinitely for Reasons
Wed, 28 Sep 2022 15:16:50 IST

Supreme Court while stressing on the need to immediately deliver judgments has observed that a litigant cannot be expected to wait indefinitely for availability of the reasons for a Court Order.

CRIMINAL - Delhi HC: No PMLA Proceedings After Quashing of FIR Against Accused
Wed, 28 Sep 2022 15:16:42 IST

Delhi High Court while seting aside the proceedings under the Prevention of Money Laundering Act (PMLA), 2002 against Indiabulls Housing and Finance Limited (IHFL) and its employees, has held that proceedings under PMLA cannot be continued after quashing of FIR against the accused.

COMPANY - Del HC: Recovery of Annual Report & Share Cert. from Assessee's Premises Not Incriminating Documents
Wed, 28 Sep 2022 15:16:35 IST

Delhi High Court has held that the recovery of the annual report and the share certificate of the assessee premises cannot be considered to be incriminating documents.

FAMILY - P&H HC: Every Adult has Right to Live With Person of Choice
Wed, 28 Sep 2022 15:16:26 IST

Punjab and Haryana High Court while granting protection to live-in couple, has held that every major person has the right to live with a person of their choice and that if such relationship is opposed by relatives, courts should pass orders protecting them.

LAW OF MEDICINE - Kerala HC Initiates Suo Motu PIL to Include 'Congenital Adrenal Hyperplasia' as Rare Disease
Wed, 28 Sep 2022 15:16:19 IST

Kerala High Court has initiated a suo motu petition to include 'Congenital Adrenal Hyperplasia' in the group of rare diseases and to grant financial aid and support to the patients. It is a genetic disorders that affects adrenal glands.

CIVIL - SC: Payment of Stipend to Junior Lawyers a Real Issue
Wed, 28 Sep 2022 10:10:56 IST

Supreme Court while hearing the petition challenging the validity of All India Bar Examination observed that that issue of fair remuneration to junior lawyers is a real issue.

SERVICE - SC: Leave Encashment Benefit is Part of Salary
Wed, 28 Sep 2022 10:10:42 IST

Supreme Court while observing that leave encashment is part of salary, has held that condition in Rajasthan Voluntary Rural Education Service Rules, 2010 that barred carry forward of balance privilege leave is an arbitrary and unconscionable condition, which cannot be enforced.

ELECTION - SC Rejects Uddhav Group's Plea to Stop EC from Deciding Shinde's Claim as Real Shiv Sena
Wed, 28 Sep 2022 10:10:27 IST

Supreme Court while refusing the application for stay filed by Uddhav Thackeray group, has refused to stop the Election Commission (EC) of India from deciding the claim of Eknath Shinde group as the real Shiv Sena.

CRIMINAL - Bombay HC: Daughter Making Monetary Demand from Father Not Meant to Abet His Suicide
Wed, 28 Sep 2022 10:10:12 IST

Bombay High Court while quashing FIR registered against woman accused of abetting suicide of her father, has held that it is unlikely that she demanded money from him with the purpose of driving him to commit suicide.

SERVICE - All. HC: Only Governor Can Take Action if Govt Servant Found Guilty of Misconduct After Retirement
Wed, 28 Sep 2022 10:09:58 IST

Allahabad High Court has held that after retirement of government servant, if such employee is found to be guilty of grave misconduct or is found to have caused pecuniary loss to Government, it is Governor who can take action as provided in Article 351-A of Civil Service Regulations.

CIVIL - Kerala HC: Whether Suit Falls Under Section 92 of CPC Has to be Decided Before Trial
Wed, 28 Sep 2022 10:09:43 IST

Kerala High Court has held that question as to whether suit falls under Section 92 of CPC must be decided before trial as suit under Section 92 can be prosecuted only with leave of the court and if after finalisation of trial it is found that Suit requires leave, the entire trial will become futile.

CIVIL - SC: Permanent Injunction Can't be Sought on The Basis of an Unregistered Agreement to Sell
Tue, 27 Sep 2022 14:09:24 IST

Supreme Court while observing that a relief of permanent injunction cannot be sought on the basis of such an unregistered document/agreement to sell, has held that plaintiff cannot get the relief indirectly which otherwise he/she cannot get in a suit for specific performance.

MRTP/ COMPETITION LAWS - Delhi HC: CCI Director General's Report Not Determinative or Conclusive
Tue, 27 Sep 2022 14:09:11 IST

Delhi High Court has held that probe report prepared by Director General of Competition Commission of India (CCI) is neither determinative nor conclusive since it is for Commission to take all aspects, including views that may be expressed before it, into consideration before passing final orders.

CIVIL - Delhi HC Passes Interim Injunction Order in Favour of Delhi LG in Suit Against AAP
Tue, 27 Sep 2022 14:08:59 IST

Delhi High Court has passed an ad interim injunction order in favour of Delhi's Lieutenant Governor Vinai Kumar Saxena and against Aam Aadmi Party (AAP) and its five leaders in connection with a matter pertaining to their corruption allegations against him.

MEDIA & COMMUNICATION - Delhi HC: Advertiser Can't Defame Competitor's Goods While Doing Comparative Advertisement
Tue, 27 Sep 2022 14:08:47 IST

Delhi High Court has held that while it is open for an advertiser to embellish the qualities of its products and exaggerate claims while doing comparative advertising, it is not open for him to claim that competitor's goods are bad, undesirable or inferior.

LAW OF MEDICINE - Kerala HC Allows Woman Separated from Husband to Terminate 21-Week Pregnancy
Tue, 27 Sep 2022 14:08:34 IST

Kerala High Court while permitting a woman claiming to be separated from her allegedly abusive husband to terminate her 21-week-old pregnancy, has held that husband's consent is not necessary under the Medical Termination of Pregnancy Act (MTP Act) for termination of pregnancy.

LAW OF MEDICINE - Ker HC: Drastic Change in Woman's Matrimonial Life Makes Her Eligible for Abortion Upto 24 Weeks
Tue, 27 Sep 2022 14:08:15 IST

Kerala High Court has held that drastic changes in matrimonial life of a pregnant woman fulfils the condition of 'change of her marital status' in Rule 3B of Medical Termination of Pregnancy (MTP) Rules, thus making her eligible to undergo medical termination of pregnancy up to 24 weeks.

SERVICE - SC: Employee Can be Terminated for Suppression or False Information Regarding Suitability
Tue, 27 Sep 2022 10:29:38 IST

Supreme Court has held that an employee can be terminated from service if it is found that he had suppressed or given false information in regard to matters having a bearing on his fitness or suitability to the post.

BANKING - SC: CMM/DM Not Required to Adjudicate Disputes Between Borrower/Third Party & Secured Creditor
Tue, 27 Sep 2022 10:29:22 IST

Supreme Court has held that while considering an application under Section 14 SARFAESI Act, the CMM/DM is not required to adjudicate the dispute between borrower and secured creditor and/or between any other third party and the secured creditor with respect to the secured assets.

CIVIL - SC Refuses To Entertain Plea to Suspend Ministers if They Spend More Than 2 Days in Custody
Tue, 27 Sep 2022 10:29:06 IST

Supreme Court while refusing to entertain petition seeking direction that a Minister should be temporarily debarred from holding office if they spend more than two days in judicial custody, has remarked that such a matter is not for court to adjudge and it is legislature which had to consider it.

CRIMINAL - SC: Keeping Bail Application Pending for 8 Months Not Consistent With Right to Liberty
Tue, 27 Sep 2022 10:28:53 IST

Supreme Court while granting liberty to Anil Deshmukh to approach the Bombay High Court Bench assigned to hearing his bail application, has remarked that keeping application for Bail pending for 8 months is not consistent with basic precepts of right to life and liberty under Article 21.

ENVIRONMENT - SC Orders Removal of Business Activities in 500 Meter Radius of Taj Mahal
Tue, 27 Sep 2022 10:28:39 IST

Supreme Court has issued a direction to the Agra Development Authority to immediately halt all commercial activities which come within the radius of 500 m from the peripheral wall of the Taj Mahal.

CRIMINAL - Delhi HC to Trial Court: Consider Sharjeel Imam's Bail Plea Afresh
Tue, 27 Sep 2022 10:28:24 IST

Delhi High Court while permitting Sharjeel Imam to withdraw his application for regular bail, has asked Trial Court to consider his application seeking relief under Section 436-A, taking into consideration Supreme Court's order of keeping the offence of sedition in abeyance.

CIVIL - Bom HC: State's Obligation to Protect Citizens from Wild Animal, Any Injury Caused is Govt's Failure
Tue, 27 Sep 2022 10:28:08 IST

Bombay High Court has held that while it is State's duty to protect wild animals and not allow them to wander outside restricted zone, it is also obligatory upon state to protect citizens from any injuries by wild animals, and if any injury is caused, it is State's failure to protect right to life.

CRIMINAL - Bombay HC: Half of Life Imprisonment is 10 Years for POCSO Offences
Tue, 27 Sep 2022 10:27:53 IST

Bombay High Court has sentenced a convict to one half of life imprisonment under the POCSO Act, who will have to undergo a sentence of 10-years. The Court reasoned that since life imprisonment was not defined under POCSO Act, the definition of under section 57 of IPC would apply.

CIVIL - Bom. HC on PIL Seeking Ban on Advertising Non-Veg Food: Why Are You Encroaching On Others' Rights?
Tue, 27 Sep 2022 10:27:35 IST

Bombay High Court while hearing plea filed by Jain religious body seeking ban on advertising of non-vegetarian food, has held that there is no law that provides for such relief and raised question as to why petitioners are encroaching on someone else's rights by making such demand.

SERVICE - Ker. HC: Reduction in Pension/Gratuity to be Decided at Time of Imposing Punishment
Tue, 27 Sep 2022 10:27:18 IST

Kerala High Court has held that the decision as to whether a particular case where compulsory retirement imposed warrants reduction in pension or gratuity or both, it is to be specifically considered by the authority imposing the punishment, at the time of such imposition itself.

ELECTION - SC Dismisses Plea Seeking to Restrain Political Parties from Using Symbols After Polls
Mon, 26 Sep 2022 14:22:55 IST

Supreme Court while dismissing a petition which sought a direction that political parties cannot use election symbols allotted to them as party symbols beyond the period of elections, has held that relief claimed was disruptive of the election process.

EDUCATION - Kar. HC Accepts Revised Method for Assigning CET Ranking to Repeater Students
Mon, 26 Sep 2022 14:22:36 IST

Karnataka High Court has accepted the revised method formulated by the state government for assigning CET rankings to repeater-students, for admission to undergraduate courses in Engineering and Technology for the academic year 2022-23.

SERVICE - Kerala HC Extends Stay on Transfer of Sessions Judge Who Passed 'Provocative Dress' Order
Mon, 26 Sep 2022 14:22:16 IST

Kerala High Court has extended its stay on the transfer of Principle District and Sessions Judge, Kozhikode, S. Krishna Kumar, who had passed the controversial 'Provocative Dress' order in Civic Chandran's case, to the post of Presiding Officer, Labour Court, Kollam.

CRIMINAL - Delhi Court Grants Interim Bail to Jacqueline Fernandez in Money Laundering Case
Mon, 26 Sep 2022 14:22:00 IST

Delhi Court has granted interim bail to bollywood actress Jacqueline Fernandez in a purported Rs. 200 crore money laundering case involving alleged conman Sukesh Chandrashekhar.

CIVIL - SC Stays Deportation of Woman Declared as Illegal Migrant, Notes Family Members Are Included in NRC
Mon, 26 Sep 2022 10:55:29 IST

Supreme Court while staying deportation of woman declared as illegal migrant, has issued notice in petition impugning order of Guwahati High Court which had affirmed order of Foreigners Tribunal declaring her to be a foreigner despite her entire family, except her being included in NRC in 2019.

CIVIL - SC: Order/Circular Can't Be Given Retrospective Effect in the Absence of Any Legislative Competence
Mon, 26 Sep 2022 10:42:36 IST

Supreme Court has held that administrative/executive orders or circular cannot be made applicable with retrospective effect in the absence of any legislative competence.

CIVIL - SC: Intra-Court Appeal Does Not Lie Against All Interim Orders in an Admiralty Suit
Mon, 26 Sep 2022 10:42:23 IST

Supreme Court has held that an appeal does not lie to the Commercial Appellate Division of the High Court from an order of the Commercial Division (Single Bench) of the same High Court or addition of a party in an admiralty suit governed by the Admiralty Act.

CRIMINAL - SC: Failure to Inform Accused About Hearing of Appl. for Ext. of Time for Investigation Violates FR
Mon, 26 Sep 2022 10:42:10 IST

Supreme Court has held that the failure to produce the accused before the Court at the time of consideration of the application for extension of time for investigation amounts to a violation of fundamental right guaranteed under Article 21 of the Constitution.

CIVIL - Delhi HC Appeals Senior Lawyers to Pay Dignified Stipend to Juniors
Mon, 26 Sep 2022 10:41:56 IST

Delhi High Court has appealed to the senior lawyers in legal profession to ensure that stipend paid to their juniors is enough for them to overcome the financial stress and to lead a more dignified life.

TRUSTS AND SOCIETIES - Delhi HC: Public Entry to Private Temple on Festivals Does Not Convert it Into Public Temple
Mon, 26 Sep 2022 10:41:43 IST

Delhi High Court has observed that occasional entry of public to a private temple on some festivals does not convert it into a public temple so as to empower a worshipper to maintain a suit with respect to the title rights of the temple.

FAMILY - Del. HC: Wife Entitled to Maintenance Even When Decree of Restitution of Conjugal Rights Against Her
Mon, 26 Sep 2022 10:41:31 IST

Delhi High Court has held that mere presence of a decree of restitution of conjugal rights against the wife does not disentitle her from claiming maintenance from her husband, when it is due to his own conduct she is not able to stay with him.

SERVICE - Del. HC Allows Unvaccinated Teacher to Resume Duties After AIIMS Says 'At Risk of Allergic Reaction'
Mon, 26 Sep 2022 10:41:17 IST

Delhi High Court has directed a private school in Delhi to allow an unvaccinated teacher to re-join duties after AIIMS concluded that he was at a higher risk of developing an allergic reaction to the COVID-19 vaccine as compared to others.

CIVIL - Bombay HC Allows Uddhav Thackeray Led Shiv Sena to Hold Dussehra Rally at Shivaji Park
Mon, 26 Sep 2022 10:41:03 IST

Bombay High Court while allowing Uddhav Thackeray led Shiv Sena to hold the party's annual Dussehra rally at Shivaji Park on October 5, 2022, has set aside BMC's order refusing permission and directed BMC to grant permission from October 2-6, 2022.

SERVICE - Bom HC: Can't Recover Excess Retiral Benefits After Allowing Officer to Continue Beyond Retirement
Mon, 26 Sep 2022 10:40:50 IST

Bombay High Court has granted relief to a retired medical officer of Thane Municipal Corporation whose pension and gratuity was reduced by local body after government clarification said only public health department doctors were to be given extension in service beyond the date of retirement.

MOTOR VEHICLES - J&K&L HC: Passenger Injured on Account of Mine Blast Entitled to Compensation Under MV Act
Mon, 26 Sep 2022 10:40:37 IST

Jammu and Kashmir and Ladakh High Court has held that even if the cause of accident is remote or as a result of subversive activity involved, the victim is entitled to grant of compensation under Motor Vehicle (MV) Act.

CRIMINAL - Kar. HC: Magistrate/Judge Should Recommend in Judgment Whether there is Need for Victim Compensation
Mon, 26 Sep 2022 10:40:23 IST

Karnataka High Court has observed that while delivering final judgments, Magistrate and Sessions Judge must pass a reasoned order as to whether there is a need to make a recommendation for payment of compensation for the rehabilitation of the victim of a crime or not, under Section 357A of CrPC.

CIVIL - P&H HC Orders Removal of Blockade by Bhartiya Kisan Union on National Highway
Mon, 26 Sep 2022 10:40:09 IST

Punjab and Haryana High Court has ordered Haryana Government to remove the blockade by farmers led by Bhartiya Kisan Union on National Highway at Shahbad in Kurukshetra and remarked that such activities are illegal and can't be permitted.

CIVIL - Kerala HC to State: Inform How Losses Caused to KSRTC on Hartal Will be Recovered from PFI
Mon, 26 Sep 2022 10:39:54 IST

Kerala High Court has observed that Popular Front India (PFI) should be held responsible for losses suffered by KSRTC during protest, and directed State to inform how it proposes to recover from the PFI losses caused KSRTC on account of attacks against buses and loss of trips during flash hartal.

CRIMINAL - Delhi Court Frames Charges Against Five in Murder Case During Delhi Riots
Mon, 26 Sep 2022 10:39:38 IST

Delhi Court has framed charges against five men, accused of murdering a 40-year-old man during the 2020 riots, for promoting enmity between different religious groups and committing public mischief, after noting they were allegedly part of a mob which attacked 'every Hindu who passed by'.

CRIMINAL - Delhi Court: Special Judge An Upright Officer But Circumstances Raise Apprehension of Probable Bias
Mon, 26 Sep 2022 10:39:25 IST

Delhi Court while transferring proceedings in money laundering case against Satyendar Jain, has observed that although the special judge is an upright officer, the overall 'circumstances' are sufficient to raise a reasonable apprehension of probable bias in the mind of the Enforcement Directorate.

CIVIL - SC Refuses to Modify Order Granting Compensation to Families Displaced by Sardar Sarovar Project
Fri, 23 Sep 2022 15:02:23 IST

Supreme Court has dismissed an application seeking clarification/modification of order passed by the Supreme Court, wherein it had directed concerned authorities to disburse Rs. 60 lakh for each of about 700 families displaced by Sardar Sarovar Project on river Narmada in Madhya Pradesh.

CRIMINAL - SC to States: Submit Data on Those Who Have Jumped Bail & Parole
Fri, 23 Sep 2022 15:02:11 IST

Supreme Court has directed the state governments to inform the Court about the number of persons who have jumped bail or parole and whether proceedings have been initiated against them.

CRIMINAL - SC Transfers All FIRs Against Times Now Anchor Navika Kumar to Delhi Police
Fri, 23 Sep 2022 15:01:58 IST

Supreme Court has directed that FIRs registered Times Now anchor, Navika Kumar, over the remarks made by Nupur Sharma about Prophet Muhammed on a channel debate, be transferred to the IFSO unit of the Delhi Police.

CIVIL - Supreme Court Refuses to Entertain Plea on Regulation of Alcoholic Drinks
Fri, 23 Sep 2022 15:01:45 IST

Supreme Court has refused to entertain plea filed by BJP leader and advocate Ashwini Upadhyay seeking to prohibit or regulate the production, distribution and consumption of intoxicating drinks in the State of NCT Delhi and held that such matter pertains to policy decision of State.

LAW OF EVIDENCE - Delhi HC: Extracting Confession from Child is Unconstitutional
Fri, 23 Sep 2022 15:01:27 IST

Delhi High Court has held that extracting confession from child regarding the manner in which the offence was committed by him is unconstitutional and beyond scope of a preliminary assessment report required to be prepared under the Juvenile Justice (Care and Protection of Children) Act, 2015.

CIVIL - Delhi HC to State: Install Advanced Cardiac Life Support Facility at Court Premises
Fri, 23 Sep 2022 15:01:13 IST

Delhi High Court has directed the Delhi Government to ensure that Advanced Cardiac Life Support (ACLS) facility is installed in its premises and also explore possibility of either stationing ACLS ambulances in every District Court or allowing setting up of portable cabins for the same.

EDUCATION - MP HC Quashes 2022-23 NEET Merit List of PG Medical Admissions Prepared by State Govt
Fri, 23 Sep 2022 15:00:58 IST

Madhya Pradesh High Court while quashing entire merit list prepared by State for In-Service Doctors of ongoing PG-Medical Course Counselling for Session 2022-23, has directed State to redo the entire exercise of a fresh preparation of the Merit List, & for holding a fresh round of Counselling.

CIVIL - Kerala HC Initiates Contempt Proceedings Against PFI Leaders for Illegal Flash Hartal
Fri, 23 Sep 2022 15:00:42 IST

Kerala High Court has initiated suo motu contempt proceedings against the leaders of Popular Front of India (PFI), noting the illegal call for flash hartal in the State, which was earlier banned by the Court.

CIVIL - SC Directs Maharashtra, MP, Delhi, Puducherry to Constitute Haj Committees in Six Weeks
Fri, 23 Sep 2022 11:02:33 IST

Supreme Court has granted additional time of six weeks to Maharashtra, Madhya Pradesh, Delhi, Puducherry to constitute Haj committees and file a compliance report in that regard.

ENVIRONMENT - SC: Grant of Ex Post Facto Environmental Clearance Permissible in Exceptional Circumstances
Fri, 23 Sep 2022 11:02:17 IST

Supreme Court has held that grant of ex post facto environmental clearance in exceptional cases is not impermissible, and such approvals cannot be declined with pedantic rigidity, regardless of the consequences of stopping the operations.

CIVIL - SC Appoints Former Judge L Nageswara Rao for Amending IOA's Constitution
Fri, 23 Sep 2022 11:02:04 IST

Supreme Court has appointed its former Judge L. Nageswara Rao, to take over the process of amending the Indian Olympic Association's (IOA) constitution, preparing its electoral rolls; and conducting elections to its executive body.

LABOUR AND INDUSTRIAL - SC: Force/Compulsion Must be Established to Attract Offence Under Bonded Labour System Act
Fri, 23 Sep 2022 11:01:53 IST

Supreme Court has held that for attracting the provision of Section 16 of the Bonded Labour System (Abolition) Act, 1976, the prosecution must establish beyond reasonable doubt that an accused has forced and compelled the victim to render bonded labour.

CIVIL - SC: High Courts Shouldn't Writ Petitions Filed Bypassing Statutory Alternative Remedies
Fri, 23 Sep 2022 11:01:38 IST

Supreme Court has held that High Courts should refrain from excercising writ jurisdiction where there is an alternate remedy available. When there is an alternate remedy available, judicial prudence demands that the court refrains from exercising its jurisdiction under constitutional provisions.

CRIMINAL - Delhi HC: Matrimonial Discord Between Parents No Ground to Quash FIR under POCSO
Fri, 23 Sep 2022 11:01:25 IST

Delhi High Court while dealing with case where minor son was sexually abused by father, has held that it will be highly unfair to deny the child victim the right to get justice merely because the accused was his real father and that his parents had matrimonial discord.

LAW OF MEDICINE - Delhi HC Allows 16 Yr Old to Terminate Pregnancy After Hospitals' Refusal Over No Police Complaint
Fri, 23 Sep 2022 11:01:11 IST

Delhi High Court while allowing immediate termination of pregnancy of minor girl has directed the Centre to ensure that the procedure is done at the national capital's All India Institute of Medical Science on government expenses.

ENVIRONMENT - Bombay HC Quashes Notices Transferring 'Cherry Picked' NGT Cases from Goa to Delhi
Fri, 23 Sep 2022 11:00:53 IST

Bombay High Court has quashed administrative notices issued by the Registrar General of the National Green Tribunal (NGT) 'cherry picking' cases relating to Goa from the Western Zone bench at Pune and transferring them to the Northern bench at New Delhi.

SERVICE - J&K&L HC: Mere Reinstatement Without Clean Chit in Depart Inquiry Not Ground to Quash Cr. Proceeding
Fri, 23 Sep 2022 11:00:40 IST

Jammu and Kashmir and Ladakh High Court has held that mere reinstatement into service without a clean chit in departmental inquiry is not a ground to quash criminal proceedings emanating from the set of allegations.

CRIMINAL - Ker. HC: Media Transgressed the Limits of Fairness, Reasonableness, and Rationality
Fri, 23 Sep 2022 11:00:25 IST

Kerala High Court while dismissing petition filed by survivor of sexual assault to transfer case from Principal Session Court, has criticized media for creating an air of distrust brought through trial conducted in studios, and has transgressed limits of fairness, reasonableness and rationality.

INTELLECTUAL PROPERTY RIGHTS - Delhi HC: Sale of Refurbished Hard Disks at Nehru Place Amounts to Trademark Infringement
Thu, 22 Sep 2022 14:41:27 IST

Delhi High Court has held that passing off old and used hard-disk drives, after tampering with their labels and printed circuit board, as new product is clearly an infringement of the trademark of the original manufacturer.

CRIMINAL - Bom HC to Pune Police: Do You Take Cognizance of FB Posts Only When They Are Against Politicians?
Thu, 22 Sep 2022 14:41:01 IST

Bombay High Court while grilling a senior police inspector from Pune for his conduct in a matter pertaining to a woman lawyer's safety, asked if cognizance of Facebook posts are to be taken only when it is against a politician and is it not an offence when derogatory words are spoken against others.

SERVICE - Bom HC: Class I & II Officers May be Exempted from Recovery of Excess Payment in Exceptional Cases
Thu, 22 Sep 2022 14:40:31 IST

Bombay High Court while granting protection to retired Junior Assistant (Class II officer) against recovery of excess salary and benefits erroneously paid to him by the Water Resources Department of State during his service, has held that recovery after 23 years of retirement would be arbitrary.

CIVIL - Bombay HC: Writ Petitions No Longer Maintainable Against Air India Owing to Airline's Privatization
Thu, 22 Sep 2022 14:40:01 IST

Bombay High Court has held that writ petitions brought by Air India Ltd employees against the company over salaries and promotions are no longer maintainable in light of the airline's privatization, even though petitions were maintainable when they were instituted.

SERVICE - SC: Pension Rules Must be Interpreted in Favour of Employee if Multiple Interpretations are Possible
Thu, 22 Sep 2022 10:17:57 IST

Supreme Court has held that if pension rules are capable of more interpretations than one, the Courts should lean towards that interpretation which goes in favour of the employee.

CAPITAL MARKET - SC: Mere Possession of Sensitive Information Not Enough for Insider Trading, Profit Motive Essential
Thu, 22 Sep 2022 10:17:49 IST

Supreme Court has held that merely because a person was in possession of unpublished price sensitive information at the time go trading in securities, it can't be held that transaction becomes mischief of "insider trading", unless there was an intention to take advantage of the information.

CONSUMER - SC Sets Aside NCDRC Order Awarding Compensation to Woman Who Gave Birth Despite Tubectomy Surgery
Thu, 22 Sep 2022 10:17:40 IST

Supreme Court has set aside an order passed by National Consumer Disputes Redressal Commission (NCDRC) that directed a hospital to pay compensation to a woman who delivered a child despite undergoing tubectomy procedure.

CRIMINAL - Delhi HC: Witness Not to be Re-Summoned in Sexual Offence Case if Cross Exam. Conducted Extensively
Thu, 22 Sep 2022 10:17:31 IST

Delhi High Court while observing that right to fair trial is a constitutional goal and a fundamental right of every individual, has held that where cross examination has been conducted extensively; it would be against the mandate of law to re-summon the witness especially in case of sexual offence.

CRIMINAL - Allahabad HC Sentences Mukhtar Ansari to 7 Year Jail For Abusing And Threatening Jailer in 2003
Thu, 22 Sep 2022 10:17:22 IST

Allahabad High Court has sentenced former UP MLA Mukhtar Ansari to 7 years in jail after holding him guilty of intimidating a Jailer who was performing public duty by abusing him and pointing a revolver/pistol toward him, and threatening to kill him in the year 2003.

CRIMINAL - Kar. HC: Delay in Considering Representation Against Detention Order a Ground to Nullify it
Thu, 22 Sep 2022 10:17:14 IST

Karnataka High Court has held that delayed consideration by authorities of the representation made by a detenu amounts to violation of Article 22(5) of the Constitution of India and constitutes a ground to nullify the order of detention.

CRIMINAL - J&K&L HC: State's Apprehension of Accused Getting Bail Can't Lead to Preventive Detention
Thu, 22 Sep 2022 10:17:05 IST

Jammu and Kashmir and Ladakh High Court while quashing a preventive detention order, has observed that offence of cheating and fraud, without having wider ramifications, cannot be made the basis for issuing a detention order in the name of maintaining public order.

SERVICE - Meghalaya HC: Interviews Mostly Guided by Nepotism in India
Thu, 22 Sep 2022 10:16:56 IST

Meghalaya High Court while observing that favouritism and nepotism are affecting government's recruitment drives, has held that the selection process must be fair and reasonable procedure must be adopted for selection or it would fall foul of constitutional ethos.

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