| CIVIL - SC: Can't Direct Legislature to Enact Law for Enforcement of Fundamental Duties |
| Thu, 12 Sep 2024 11:17:38 IST |
| SC while hearing a plea seeking enforcement of the Fundamental Duties under the Constitution of India, has observed that duties are very important but legislature cannot be directed to enact a law for the same. It's something which citizens or people of the country have to be conscious about. |
| SERVICE - Supreme Court: Can't Discriminate Amongst Homogenous Class of Candidates |
| Thu, 12 Sep 2024 11:17:29 IST |
| Supreme Court has observed that while determining eligibility of a candidate for appointment, discrimination cannot be done amongst homogenous class of the candidates merely on the basis of their date of admission to the same course through the same process. |
| CIVIL - SC: 2 Months Given to Uttarakhand for Rehabilitation Scheme for People to be Evicted by Railways |
| Thu, 12 Sep 2024 11:17:09 IST |
| Supreme Court has given two months time to the State of Uttarakhand to come up with a rehabilitation scheme for all the people who are to be evicted by Railway authorities in Haldwani. |
| PROPERTY - SC: Co-Owner with Undetermined Share in Joint Property Can't Transfer Entire Property |
| Thu, 12 Sep 2024 11:16:59 IST |
| Supreme Court has held that a co-owner of a property whose share is undetermined in that property cannot transfer it entirely without its partition being completed by metes and bounds. |
| CRIMINAL - SC: Information Regarding Rejection of Remission Application to be Immediately Given to Prisoner |
| Thu, 12 Sep 2024 11:16:49 IST |
| Supreme Court while hearing a suo motu plea regarding comprehensive policy strategy for the grant of bail to prisoners, has noted that prisoner must be immediately informed about the rejection of the remission application. |
| CRIMINAL - Bombay HC: Encouraging Woman in a Bar to Dance in Obscene Manner Doesn't Attract S. 294 of IPC |
| Thu, 12 Sep 2024 11:16:39 IST |
| Bombay High Court has held that a customer in a dance bar who encourages a woman to dance in an obscene manner cannot be booked under Section 294 of Indian Penal Code, 1860. |
| CRIMINAL - Del. HC: Maintenance Under DV Act Not Tethered on Inability of Wife/ Victim to Maintain Herself |
| Thu, 12 Sep 2024 11:16:30 IST |
| Delhi High Court has observed that unlike Section 125 of the Code of Criminal Procedure, 1973 maintenance under the Protection of Women from Domestic Violence Act, 2005 is not tethered on the inability of the wife/ victim to maintain herself. |
| CONTEMPT OF COURT - Del. HC: For Resolving Complex Disputed Factual Issues, Contempt Proceedings are Inappropriate |
| Thu, 12 Sep 2024 11:16:20 IST |
| Delhi High Court has held that for resolving disputed factual issues, initiation of contempt proceedings is not the appropriate forum. |
| CRIMINAL - Del. HC: Jurisp. for Grant of Bail is that Person Can't Be Deprived of His Right of Personal Liberty |
| Thu, 12 Sep 2024 11:16:10 IST |
| Del. HC has held that even if it is held that the twin conditions as provided in S. 45 of PMLA are not met, the jurisprudence for grant of bail is that person cannot be deprived of his right of personal liberty under Article 21 especially when there is a prospect of long incarceration. |
| FAMILY - MP HC: While Calculating Maintena. Amount, Loan Taken by Spouse Post Separation Can't be Considered |
| Thu, 12 Sep 2024 11:16:00 IST |
| MP HC has held that while calculating the amount of monthly payment of maintenance under Section 125 of the Code of Criminal Procedure, 1973, loan taken voluntarily by the husband post the couple's separation cannot be taken into consideration. |
| MOTOR VEHICLES - Kerala High Court: Tourist Vehicle Cannot Run its Service Like a Stage Carriage |
| Thu, 12 Sep 2024 11:15:50 IST |
| Kerala High Court has held that a tourist vehicle operator does not have a right to stop the vehicle to pick up or drop off passengers not included in the contract, enroute a journey. In other words, a tourist vehicle cannot run its service like a stage carriage. |
| SERVICE - Kar. HC: Daughter-In-Law Not Part of 'Family' Defined to Include Specific Relatives of Employee |
| Thu, 12 Sep 2024 11:15:39 IST |
| Karnataka High Court has stated that the lawmaker as a matter of policy has framed definition of 'family' to include specific relatives of the employee dying in harness and the daughter-in-law is not one of them. It is not within the domain of Courts to expand or constrict a statutory definition. |
| DIRECT TAXATION - Del HC: Ashish Agarwal Case Intended to Resolve Conflicting Views Expressed by Different High Courts |
| Thu, 12 Sep 2024 11:15:28 IST |
| Delhi High Court has observed that the directions in Ashish Agarwal case (MANU/SC/0581/2022; 2022 INSC 510) intended to resolve the impasse which ensued in light of the conflicting views expressed by different High Courts. |
| CRIMINAL - Ker. HC: Foreign Travellers Overstaying After Expiry of Docs. Can't be Treated as Infiltrators |
| Thu, 12 Sep 2024 11:15:18 IST |
| Kerala High Court has observed that foreign nationals who entered India with valid documents and continued to stay even after expiry of such documents cannot be treated as infiltrators under Section 14A of the Foreigners Act, 1946. |
| ELECTION - Bom. HC: Validity Granted to the Caste Certificate Cannot Be Challenged In Election Petition |
| Thu, 12 Sep 2024 11:15:07 IST |
| Bombay High Court has held that even an erroneous decision of the Caste Scrutiny Committee, granting validity to the caste certificate cannot be challenged in election petition. Election petition being a serious matter, no inquiry can be continued in to the status of the returned candidate. |
| DIRECT TAXATION - Del. HC: Reopening Assessment on Basis of Estimation Report by DVO isn't Sustainable |
| Thu, 12 Sep 2024 11:14:56 IST |
| Delhi High Court has observed that report/estimate of the Valuation Officer cannot be the sole ground for re-opening assessment under Section 148 of Income Tax Act, 1961. |
| CIVIL - Supreme Court: System Needs to be Made to Prevent Exploitation of Surrogate Mother |
| Wed, 11 Sep 2024 11:10:53 IST |
| Supreme Court while hearing pleas challenging surrogacy laws, has stated that there can be a database, so that the same lady is not exploited. A system must be there. Nobody is saying it's a bad idea, but at the same time, it can be badly used. |
| ELECTION - SC: HC Order to Hold 'One Day Elections' for Bar Association in Delhi, Stayed |
| Wed, 11 Sep 2024 11:10:43 IST |
| Supreme Court has stayed Delhi High Court's order in which it was held that elections to the Executive Committee of all bar associations in the national capital shall be held on a single day. |
| COMPANY - SC: NCLT to Exercise Power u/s 59 of Companies Act, if Applicant Victim of Open-and-Shut Fraud Case |
| Wed, 11 Sep 2024 11:10:33 IST |
| Supreme Court has observed that if, on facts, an open-and-shut case of fraud is made out and the person seeking rectification of the register of members was the victim, the National Company Law Tribunal would be entitled to exercise such power under Section 59 of the Companies Act, 2013. |
| CIVIL - SC Directs Registry to Not Accept Black & White Photographs Without Court's Permission |
| Wed, 11 Sep 2024 11:10:23 IST |
| Supreme Court has directed the registry to not to entertain any black and white photographs without prior permission of the Court. The Court stated that parties take full liberty in placing on record black and white photocopies of photographs, mostly which are blurred. |
| CRIMINAL - SC: Inordinate Delay in Conclusion of Trial Infringe Right of Accused Under Article 21 |
| Wed, 11 Sep 2024 11:10:12 IST |
| SC has observed that an accused has a right to a fair trial and while a hurried trial is frowned upon as it may not give sufficient time to prepare for the defence, an inordinate delay in conclusion of the trial would infringe the right of an accused guaranteed under Article 21 of the Constitution. |
| CRIMINAL - Supreme Court Stays Defamation Proceedings Against Shashi Tharoor |
| Wed, 11 Sep 2024 11:10:01 IST |
| Supreme Court has stayed criminal defamation proceedings against Congress MP Shashi Tharoor that were initiated over his "a scorpion sitting on a Shivling" remark. The Court stated that it is a metaphor and can be understood as pointing out to the invincibility of the person. |
| SERVICE - SC Clarifies Judgement on Entitlement of Govt. Employees to Increment Earned 1 Day Before Retirement |
| Wed, 11 Sep 2024 11:09:50 IST |
| Supreme Court has made clarifications in its judgement in the case The Director (Admn and HR) KPTCL & Others vs CP Mundinamani and others (MANU/SC/0366/2023; 2023 INSC 352) which held that government employees who get increment one day prior to their retirement are entitled to it. |
| SERVICE - SC: Not Recording Reasons of Appointment of Junior Officer as Judge Adv. Invalidates Proceedings |
| Wed, 11 Sep 2024 11:09:37 IST |
| Supreme Court has stated that the legal position is well settled that non-recording of reasons of appointment of an officer junior in rank as a Judge Advocate in the convening order invalidates the Court Martial proceedings. |
| ARBITRATION - SC: Referral Courts at Referral Stage Must Not Venture into Questions Involving Complex Facts |
| Wed, 11 Sep 2024 11:09:26 IST |
| Supreme Court has restated that once there is existence of a valid arbitration agreement, then referral courts at referral stage would not be justified to venture into contested questions involving complex facts. |
| CRIMINAL - Delhi HC: Centre Asked to Issue Instructions Regarding Identity of Victims in MTP Cases |
| Wed, 11 Sep 2024 11:09:14 IST |
| Del. HC has directed Director General, Health Services, Ministry of Health and Family Welfare, Government of India to issue suitable instructions to all concerned hospitals to ensure that identity of victim in cases of medical termination of pregnancy is not revealed and record is kept confidential. |
| CRIMINAL - Ker. HC: Centre to Consider Framing Sexual Harassment Laws With More Feminist Perspective |
| Wed, 11 Sep 2024 11:09:03 IST |
| Kerala High Court while pointing out lacunae in the PoSH Act, 2013, has stated that legislation doesn't focus on harassment faced by women seeking employment and there is a need for State to come out with a draft legislation from a more "feminist perspective". |
| CIVIL - Supreme Court: Litigant Whose Land was Illegally Occupied, Gets Relief |
| Tue, 10 Sep 2024 10:49:15 IST |
| Supreme Court has granted relief to a litigant whose land was illegally occupied by Maharashtra authorities sixty years ago. The Court directed the State Authorities to deliver peaceful possession of an alternate land as compensation. |
| EDUCATION - SC: Medical Students to Deposit Fee Arrears for Obtaining Certificates from College |
| Tue, 10 Sep 2024 10:49:03 IST |
| Supreme Court has directed medical students of Shri Guru Ram Rai Institute of Medical and Health Sciences College to deposit arrears from pending fee in order to obtain original documents from the college. |
| CRIMINAL - SC: Regarding Procedure for Summoning Persons, PMLA Prevails Over CrPC |
| Tue, 10 Sep 2024 10:48:51 IST |
| SC has observed that having regard to conjoint reading of Section 71 & 65 of the PMLA as also Section 4(2) & 5 of CrPC, there remains no doubt that provisions of PMLA will have the effect notwithstanding anything inconsistent therewith contained in any other law, including provisions of Cr.P.C. |
| CRIMINAL - Supreme Court Directs Protesting Doctors in State of West Bengal to Return to Work |
| Tue, 10 Sep 2024 10:48:40 IST |
| Supreme Court has directed the doctors in West Bengal, protesting against the rape and murder of a doctor at the RG Kar Medical College Hospital, to return to work. The Court stated that no punitive action shall be taken against such doctors who return to work by 5pm on Tuesday. |
| CRIMINAL - SC: Accused Already in Custody Can Apply for Anticipatory Bail in Another Case |
| Tue, 10 Sep 2024 10:48:28 IST |
| Supreme Court has held that an accused who is already in custody for an offence can seek anticipatory bail in another case as custody in one case does not have the effect of taking away the apprehension of arrest in a different case. |
| CIVIL - SC: Centre and Assam Govt.'s Response Sought on Deportation of 211 Foreign Nationals |
| Tue, 10 Sep 2024 10:48:17 IST |
| Supreme Court while hearing a petition regarding conditions of the detention centres in Assam, has sought response from Union Ministry of Home Affairs and the Assam State Government regarding the manner in which the 211 foreign nationals will be deported. |
| INTELLECTUAL PROPERTY RIGHTS - Del. HC: ANI Files Copyright Infringement Suit Against Producers of Netflix Series 'IC 814 |
| Tue, 10 Sep 2024 10:48:05 IST |
| Delhi High Court has issued notice to the producers of the Netflix Series 'IC 814 in a copyright infringement suit filed by Asia News International (ANI) filed on the ground that the Netflix series has used the footage of the news agency without due permission. |
| CIVIL - Ker. HC Restrains State Government from Transferring Elephants to Kerala |
| Tue, 10 Sep 2024 10:47:53 IST |
| Kerala High Court has restrained the State Government and Chief Wildlife Warden from allowing the transfer of elephants from other States to Kerala. This step was taken considering the bad condition of elephants in the State due to captivity. |
| ELECTION - MP HC: MP Municipalities (Second Amendment) Ordinance, 2024 has Retroactive Operation |
| Tue, 10 Sep 2024 10:47:42 IST |
| MP HC has held that MP Municipalities (2nd Amendment) Ordinance, 2024 has retroactive operation & would apply to cases, where although no confidence motion was moved prior to promulgation of the Ordinance, but still meeting to consider no-confidence motion was fixed after promulgation of Ordinance. |
| CRIMINAL - Raj. HC: Offences Under Section 420 and 405 of IPC Cannot be Invoked Together |
| Tue, 10 Sep 2024 10:47:30 IST |
| Rajasthan High Court while hearing the petition of an individual charged under Section 420 and 405 of Indian Penal Code, 1860, has reiterated that these two sections are antithetical to each other and cannot be invoked together against an accused person. |
| FAMILY - SC: Civil Courts or Family Courts Are In Better Position to Deal With Child Custody Cases |
| Mon, 09 Sep 2024 11:23:48 IST |
| SC has observed that Civil/Family Court dealing with child custody cases is in advantageous position. A child can be brought to play centre, where judicial officer can interact with the child. Access can be given to parties to meet child and Court dealing with custody matters can record evidence. |
| CRIMINAL - Supreme Court: CJ of Allahabad High Court to Ensure Speedy Conclusion of Trials |
| Mon, 09 Sep 2024 11:23:38 IST |
| SC has requested the Hon'ble CJ of Allahabad High Court to take appropriate measures in coordination with State Authorities and the concerned Presiding Officer of the concerned Courts for ensuring expeditious conclusion of trial particularly in heinous crimes and crimes against women and children. |
| ENVIRONMENT - SC: NEERI Directed to Classify Non-Polluting Industries with Help of CPCB |
| Mon, 09 Sep 2024 11:23:27 IST |
| Supreme Court has directed the National Environmental Engineering Research Institute (NEERI) to take assistance of the Central Pollution Control Board (CPCB) and classify and define non-polluting industries and has asked NEERI to call meetings of all stakeholders for the same. |
| CRIMINAL - Death Penalty Execution: SC to Lay Down Procedure to Avoid Delays Once Mercy Petition is Rejected |
| Mon, 09 Sep 2024 11:23:17 IST |
| Supreme Court has stated that, in order to avoid delay in execution of the sentence, it shall lay down the procedure required to be followed by the state and the judiciary once mercy petition of a convict has been rejected. |
| CIVIL - SC: Can't Use PIL Jurisdiction for Formulation of Centralized Rating Mechanism of Taxpayers |
| Mon, 09 Sep 2024 11:23:05 IST |
| SC while dismissing PIL seeking formulation and implementation of a centralized rating mechanism of taxpayers under the Central Goods and Services Tax Act 2017, has opined that this is a matter for the Parliament and the GST administration and PIL jurisdiction cannot be used for matters like these. |
| CIVIL - Jharkhand Govt. Approves Medical Insurance, Monthly Stipend for Lawyers |
| Mon, 09 Sep 2024 11:22:54 IST |
| Jharkhand Government has approved medical insurance of Rs. 5 Lakh for over 30,000 lawyers across the State. In addition to this, advocates aged 65 years and above shall receive a monthly pension of Rs 14,000, while newly enrolled advocates will be provided a monthly stipend of Rs 5,000. |
| SERVICE - SC: Employees of APSRTC Appointed in Region of Telangana to be Employees of TSRTC |
| Mon, 09 Sep 2024 11:22:43 IST |
| Supreme Court has held that individuals who were employees of Andhra Pradesh State Road Transport Corporation (APSRTC) and appointed in areas that have become part of Telangana shall continue as employees of the Telangana State Road Transport Corporation (TSRTC). |
| SERVICE - SC: Process of Judicial Appointments to Superior Court is Not the Prerogative of a Single Individual |
| Mon, 09 Sep 2024 11:22:33 IST |
| SC has observed that process of judicial appointments to a superior court is not the prerogative of a single individual. Instead, it is a collaborative and participatory process involving all Collegium members. Such a process ensures that principles of transparency and accountability are maintained. |
| CIVIL - SC: Can't Pass Uniform Directions in Matters of Evening Courts & Virtual Hearings at District Level |
| Mon, 09 Sep 2024 11:22:22 IST |
| Supreme Court while dismissing a petition seeking provisions of virtual hearing and evening courts at District level, has stated that these are matters of policy, one size fits all solutions cannot be laid down for the entire country. The Country is too complex to issue these kinds of directions. |
| EDUCATION - Seat Matrix Issue: Delhi High Court Rules in Favour of Delhi University |
| Mon, 09 Sep 2024 11:22:12 IST |
| Del. HC while dealing with issue of seat matrix and allocation at St. Stephen's College, has ruled in favour of DU and stated that if any college has any grievance regarding seat matrix it shall be sent to DU at least 3 months prior to initiation of the admission process for a new academic session. |
| EDUCATION - Ker. HC: 'Functionality Assessment Test' to be Done for NEET Aspirant With 50% Locomotor Disability |
| Mon, 09 Sep 2024 11:22:01 IST |
| Kerala High Court has directed the Trivandrum Medical College to conduct a "functionality assessment" test in order to assess whether a medical aspirant with 50% locomotor disability is eligible for the MBBS course. |
| LAW OF EVIDENCE - Calcutta High Court: Court Cannot Re-appreciate Evidence Under Guise of Patent Illegality |
| Mon, 09 Sep 2024 11:21:50 IST |
| Calcutta High Court has held that evidence cannot be re-appreciated by the Court under the guise of patent illegality as per the proviso to Section 34 (2-A) of the Arbitration and Conciliation Act, 1996. |
| CRIMINAL - Ker. HC: Person Incapable of Making Defence Due to 'Alzheimer's Dementia' Entitled to Protection |
| Mon, 09 Sep 2024 11:21:37 IST |
| Ker. HC has held that 'intellectual disability' referred to in Section 368 of the BNSS includes Alzheimer's Dementia. Therefore, a person suffering from 'Alzheimer's Dementia', which is of such a degree that renders him incapable of making his defence, is entitled to the protection under BNSS. |
| CRIMINAL - SC: No Minimum Sentence Prescribed for Conviction Under Section 304(A) and 338 of IPC |
| Fri, 06 Sep 2024 10:19:36 IST |
| Supreme Court has held that for conviction under Section 304(A) and Section 338 of the Indian Penal Code, 1860 , there is no minimum sentence prescribed but the term of sentence may extend to 2 years. The sentence can also be limited to fine without any term of imprisonment. |
| CRIMINAL - SC: Factum of Causing Injury Not Relevant When Accused Roped in as Member of Unlawful Assembly |
| Fri, 06 Sep 2024 10:19:25 IST |
| Supreme Court has stated that every member of an unlawful assembly is roped in to be held guilty of the offence committed by any member of that assembly in prosecution of the common object of that assembly and the factum of causing injury is not be relevant. |
| PROPERTY - Rights of Mutation: Del. HC Initiates Suo Motu PIL Over Lack of Policies for Mutation of Property |
| Fri, 06 Sep 2024 10:19:14 IST |
| Delhi High Court while initiating a suo motu PIL on the issue of absence of any policy regarding mutation of village properties notified as urbanized, has stated that the absence of a documentation mechanism by land-owning agencies post-urbanization disproportionately affects the urban poor. |
| CONTEMPT OF COURT - Delhi HC Issues Notice on Contempt Plea filed by ANI Media Private Limited |
| Fri, 06 Sep 2024 10:19:04 IST |
| Delhi High Court while taking strong objection against Wikipedia's submission regarding delay in appearance before the court, has issued notice on contempt plea filed by ANI Media Private Limited alleging non-compliance of judicial order by Wikipedia. |
| CRIMINAL - Meghalaya Govt. to SC: Circular Issued Regarding Prohibition of 'Two Finger test' on Rape Survivors |
| Fri, 06 Sep 2024 10:18:53 IST |
| State of Meghalaya has informed the Supreme Court that a circular has been issued in relation to the prohibition of 'Two Finger Test' on rape survivors and any doctor found conducting the test will be held guilty of misconduct and strict disciplinary action will be initiated. |
| CRIMINAL - All. HC: Can't Implicate Co-Accused u/s 149 when there is No Meeting of Mind Regarding Common Object |
| Fri, 06 Sep 2024 10:18:42 IST |
| Allahabad High Court has held that when other co-accused are not present at the spot where the offence was committed and when there is no meeting of mind with regard to any common object then the various co-accused persons cannot be implicated under Section 149 IPC, 1860. |
| CIVIL - SC: Execution Court Can Entertain Application u/s 28 of Specific Relief Act |
| Thu, 05 Sep 2024 11:11:27 IST |
| SC has held that an application under Section 28 of Specific Relief Act, 1963 either for rescission of contract or for extension of time, can be entertained and decided by the Execution Court provided it is the Court which passed the decree in terms of Section 37 of Code of Civil Procedure, 1908. |
| CIVIL - Supreme Court: Gujarat HC's Order Refusing Apology of Times of India, Stayed |
| Thu, 05 Sep 2024 11:11:08 IST |
| Supreme Court has stayed Gujarat High Court's order, refusing to accept the apology published by Times of India and directing the newspaper to publish a fresh apology with regard to wrong reporting of a Court hearing. |
| SERVICE - SC Expresses Displeasure Over Decision on Rajaji National Park Director's Appointment |
| Thu, 05 Sep 2024 11:10:57 IST |
| Supreme Court has expressed displeasure over Uttarakhand Chief Minsiter's decision to appoint an IFS officer as the director of Rajaji National Park despite being aware of the fact that disciplinary proceedings are pending against the officer. |
| CIVIL - Supreme Court's Order Regarding Marking Advocate Presence Put on Hold |
| Thu, 05 Sep 2024 11:10:46 IST |
| Supreme Court's order that only officers who are present in the Court or assisting the court shall be marked present, has been put on hold. |
| MOTOR VEHICLES - SC: Car Dealer Absolved from Liability for Death Caused During Test Drive by Manufacturer's Employees |
| Thu, 05 Sep 2024 11:10:35 IST |
| Supreme Court while dealing with a case of payment of compensation under the Motor Vehicles Act, 1988, has absolved a car dealer from the liability to pay compensation, on the ground that the dealer was neither the owner nor in control/ command of the vehicle at the time of accident. |
| CRIMINAL - MP HC: Transferring Accused Merely Because ICC Proceedings are Pending is Unjustified |
| Thu, 05 Sep 2024 11:10:25 IST |
| Madhya Pradesh High Court while quashing transfer order against accused under POSH Act, has observed that transferring an accused merely on account of pendency of the Internal Committee proceedings is not justified in absence of any recommendation of the committee. |
| CRIMINAL - Bom. HC: Bail Granted to Man on Ground of Having No Intention to Disrupt Public Peace |
| Thu, 05 Sep 2024 11:10:14 IST |
| Bombay High Court while granting bail to an accused booked for promoting and supporting Naxalism through his messages on social media, has observed that hat there was no disturbance of law and order or public order or peace and tranquility in the area after the said message was circulated. |
| FAMILY - Mad. HC: Courts Have Power to Grant Maintenance to Muslim Woman Who Has Filed for Divorce |
| Thu, 05 Sep 2024 11:10:02 IST |
| Madras High Court has observed that Courts under Section 151 of Code of Civil Procedure, 1908 have the power to grant interim maintenance to a muslim woman who has filed for divorce under the Dissolution of Muslim Marriage Act 1939. |
| CRIMINAL - Kar. HC: Offence Under Widlife Protection Act Shouldn't be Kept Pending for Very Long |
| Thu, 05 Sep 2024 11:09:50 IST |
| Karnataka High Court while dealing with a forest offence committed in the year 2008, has stated that offence under the Wildlife Protection Act, 1972 should not be kept pending for a very long time and the aim should be to complete trial expeditiously. |
| EDUCATION - SC: Board to Examine Whether Candidate with Speech Disability is Eligible for Medical Education |
| Wed, 04 Sep 2024 10:44:02 IST |
| Supreme Court has directed Byramjee Jeejeebhoy Government Medical College, Pune to constitute a medical board for examining whether a candidate with speech and language disability which is beyond 40% is eligible to get admission to MBBS Course. |
| CRIMINAL - SC: Principles of Natural Justice to be Read into While Dealing with Remission Cases |
| Wed, 04 Sep 2024 10:43:51 IST |
| Supreme Court has remarked that while deciding cases of grant of remission to convict, principles of natural justice will have to read into Section 432(3) of the Code of Criminal Procedure, 1973. It cannot be that on every default remission will be cancelled. |
| CIVIL - Supreme Court: Procedure to Admit Insufficiently Stamped Instruments Explained |
| Wed, 04 Sep 2024 10:43:40 IST |
| Supreme Court by extracting the steps to be followed as per Sections 33, 34, 35, 37, and 39 of the Karnataka Stamp Act, 1957, has explained the procedure regarding the admission of insufficiently stamped instruments as evidence. |
| CIVIL - Del. HC: Notices/Circulars Issued by DoE Should Not Be Restricted to English Language Alone |
| Wed, 04 Sep 2024 10:43:30 IST |
| Delhi High Court has stated that it is necessary that the notices/circulars issued by the Directorate of Education should not be restricted to the English language alone since this leads to significant barriers in communication and compliance by those for whom these circulars are meant for. |
| CIVIL - Delhi High Court: Can't Permit Political Party to Sponsor Print Media for Political Purpose |
| Wed, 04 Sep 2024 10:43:19 IST |
| Delhi High Court has stated that a political party cannot be permitted to sponsor the print media for political purpose, thereby stinging mud and making mischievous, false and defamatory imputations on the rival political parties. |
| INTELLECTUAL PROPERTY RIGHTS - Delhi High Court: T-Series Restrained from Using 'Ashiqui' Title |
| Wed, 04 Sep 2024 10:43:09 IST |
| Delhi High Court while granting interim injunction in favour of Mukesh Bhatt's film company, has restrained T-Series from using titles "Tu Hi Aashiqui", "Tu Hi Aashiqui Hai" and "Aashiqui" on the ground that the title 'Ashiqui' has become part of a recognised film series. |
| CRIMINAL - WB Govt. Passes 'Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024' |
| Wed, 04 Sep 2024 10:42:57 IST |
| West Bengal Government has passed the Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024 that seeks to amend the prescribed punishments for heinous acts of rape and sexual offences. The Bill aims at creating a safer environment for women and children in the State. |
| MOTOR VEHICLES - SC to State Govts.: Implement S 136A of MV Act for Electronic Monitoring & Enforcement of Road Safety |
| Tue, 03 Sep 2024 11:43:47 IST |
| SC has issued directions to all state governments to take immediate steps to implement Section 136A of Motor Vehicles Act, 1988 (MV Act), which provides for the electronic monitoring & enforcement of road safety and issue challans on the basis of footage from electronic enforcement devices. |
| CRIMINAL - SC: Bail Not to Be Denied on Ground That Trial Is Expedited |
| Tue, 03 Sep 2024 11:43:36 IST |
| SC while issuing notice in a Special Leave Petition filed by a dacoity-accused challenging the decision of Calcutta High Court rejecting his bail plea and directing the authorities to expedite the trial has observed that bail cannot be rejected merely on the ground that the trial will be expedited. |
| CRIMINAL - Violation of SC Order: SC Accepts Magistrate's Apology; Imposes Fine on Police Officer |
| Tue, 03 Sep 2024 11:43:25 IST |
| The Supreme Court has accepted the unconditional apology of the Magistrate and imposed a fine of Rs. 25,000 on the Police Officer, for the arrest and remand of an accused in violation of SC order granting him interim anticipatory bail. |
| CRIMINAL - Money Laundering Case: Supreme Court Grants Bail to Vijay Nair after 23 Months Custody |
| Tue, 03 Sep 2024 11:43:15 IST |
| The Supreme Court has granted bail to Vijay Nair, the former communications-in-charge of the Aam Aadmi Party, who was in custody for approximately 23 months, in the money laundering case related to the Delhi excise policy. |
| CRIMINAL - SC: Cannot Delay Implementation of Bail Order After Finding Accused Entitled To Bail |
| Tue, 03 Sep 2024 11:43:04 IST |
| The Supreme Court has ruled that once a court concludes that an accused is entitled to bail, it cannot postpone the implementation of the bail order, as doing the same may violate his rights guaranteed under Article 21 of the Constitution. |
| CRIMINAL - Delhi HC Dismisses Plea to Quash Defamation Case Against Arvind Kejriwal & Other AAP Leaders |
| Tue, 03 Sep 2024 11:42:54 IST |
| The Delhi High Court has rejected the plea filed by Chief Minister Arvind Kejriwal and other Aam Aadmi Party (AAP) leaders to quash a defamation case filed against them by a BJP leader for their remarks over alleged deletion of voters' names from electoral rolls in the national capital in 2018. |
| CRIMINAL - Uttarakhand HC Dismisses Bail Application of Haldwani Violence Accused, Abdul Malik |
| Tue, 03 Sep 2024 11:42:43 IST |
| Uttarakhand HC Court while dismissing the bail application of Abdul Malik, main accused in the Haldwani Violence case has observed that an appeal against the order of the Sessions Court refusing to grant bail could only be preferred before the Division Bench of High Court under Sec. 21 of NIA, 2008. |
| ENVIRONMENT - Bombay HC to Government: "Mandals" to Follow Idol Immersion Guidelines, Not to Use POP |
| Mon, 02 Sep 2024 11:47:21 IST |
| The Bombay HC has directed the state government to issue directions to all municipal corporations to impose 'strict conditions' on Mandals seeking to organise Ganeshotsav to not to use Ganpati idols made from Plaster of Paris (PoP), in view of CPCB's Guidelines on Idol Immersion banning use of PoP. |
| ELECTION - Delhi HC Dismissed Plea Challenging Nitish Kumar's Election as Party President |
| Mon, 02 Sep 2024 11:47:08 IST |
| The Delhi High Court has rejected a plea challenging the party elections of Janata Dal United (JDU) held in 2016 wherein Nitish Kumar was elected as President of the political party. |
| INTELLECTUAL PROPERTY RIGHTS - Bombay HC Imposes Fine on Premier Stationery for Breaching Infringement Order Protecting Fevicol Mark |
| Mon, 02 Sep 2024 11:46:57 IST |
| The Bombay High Court has slapped a fine of Rs. 50 lakh on Premier Stationery Industries Pvt. Ltd. for breaching its earlier order restraining Premier from using the Fevicol trademark owned by Pidilite Industries. |
| COMPANY - Gauhati High Court Sets Aside CCI Order Imposing Penalty on Cement Company |
| Mon, 02 Sep 2024 11:46:44 IST |
| The Gauhati High Court has set aside an order passed by the Competition Commission of India (CCI) imposing a penalty of Rs. 5,00,000 on a Star Cement Company for not complying with its Director General's directions. |
| FAMILY - MP HC:Depending on Facts, Wife Terminating Pregnancy without Husband Consent may be Termed as Cruelty |
| Mon, 02 Sep 2024 11:46:34 IST |
| The Madhya Pradesh High Court while upholding a family court's order dissolving the marriage of a couple, has observed that depending on the "facts of the case", a wife opting to terminate her pregnancy without her husband's consent "may" be termed as cruelty. |
| CRIMINAL - RG Kar Rape-Murder Case: Calcutta HC Releases Student, Leading March Towards State Secretariat |
| Mon, 02 Sep 2024 11:46:22 IST |
| The Calcutta High Court has directed the release of a student, Sayan Lahiri, who was booked for leading a march towards the State secretariat in Nabanna. The student was alleged to be the leader of the 'Paschim Banga Chhatra Samaj', an organisation which led a call for protests. |
| CRIMINAL - SC: S. 216 of CrPC Doesn't Give Right to Accused to File Fresh Application Seeking Discharge |
| Fri, 30 Aug 2024 14:38:46 IST |
| Supreme Court has held that Section 216 of CrPC does not give any right to the accused to file a fresh application seeking his discharge after the charge is framed by the court, more particularly when his application seeking discharge under Section 227 of CrPC has already been dismissed. |
| CRIMINAL - Cal HC: In Case of Identical Charges, Trial Findings Should Have Bearing on Disciplinary Proceedings |
| Fri, 30 Aug 2024 14:38:36 IST |
| Calcutta High Court has held that when the charges against the employee are similar, findings of the criminal proceedings should have bearing on disciplinary proceedings against such employee. |
| BANKING - Finance Ministry Clarifies that Members of Queer Community Can Open Joint Bank Accounts |
| Fri, 30 Aug 2024 14:38:26 IST |
| Ministry of Finance has issued a notification clarifying that members of the queer community can open a joint bank account and can also nominate their queer partner as a nominee in order to receive money in case of account holder's death. |
| SERVICE - Gau. HC: In Absence of Clear Guidelines for Recruitment Docs., Applicant Can't be Denied Appointment |
| Fri, 30 Aug 2024 14:38:16 IST |
| Gauhati High Court while hearing a petition for appointment of petitioner to the post of Junior Engineer, has held that if clear and proper guidelines regarding recruitment documents are absent, appointment to the job post cannot be denied to the applicant. |
| SERVICE - Raj. HC: Competent Authority Must Record its Satisfaction While Suspending a Civil Servant |
| Fri, 30 Aug 2024 14:38:06 IST |
| Raj. HC has held that in cases of suspension of civil servants the competent authority must record its satisfaction and if suspension is made merely on basis of the instructions given in circulars or merely by a word of mouth or by slip of pen, then that is nothing but colourable exercise of power. |
| CRIMINAL - SC: Can't Assume that Dowry & Gifts Given During Marriage are Entrusted to Parents-in-Law of Bride |
| Fri, 30 Aug 2024 10:48:34 IST |
| SC has reiterated the position that giving dowry and traditional presents at the time of the wedding does not raise a presumption that such articles are thereby entrusted to the parents in-law so as to attract the ingredients of Section 6 of the Dowry Prohibition Act, 1961. |
| EDUCATION - SC: NDMC Not Liable for Absorption of Staff of School Closed Without Approval |
| Fri, 30 Aug 2024 10:48:22 IST |
| SC has held that if a school is closed without prior approval as per Rule 46 of Delhi Education Act and Rules, 1973, the argument that the onus to absorb the surplus teaching and non-teaching staff would be that of the New Delhi Municipal Corporation, has no legal sanction and is not sustainable. |
| FAMILY - Del. HC: Rights of Women Under DV Act Must be Considered in Conjunction With Senior Citizens Act |
| Fri, 30 Aug 2024 10:48:10 IST |
| Del. HC has held that DV Act, 2005 primarily safeguards rights of women within domestic spheres and the right to reside in the matrimonial or shared household. However, this right must be considered in conjunction with the protections afforded to senior citizens under the Senior Citizens Act, 2007. |
| CRIMINAL - Scorpion on Shivling: Shashi Tharoor's Remark Not Only Defames PM Modi but Also RSS & BJP |
| Fri, 30 Aug 2024 10:47:58 IST |
| Del. HC while dealing with a defamation complaint, has held that Shashi Tharoor's 'Scorpion on Shivling' remark not only not only defame Shri Narendra Modi but the party represented by him i.e. BJP, including RSS and the members of the party for having accepted the leadership. |
| CONSTITUTION - Bom. HC: Can't Deny Citizenship to Child Just Because Parents Give up their Citizenship |
| Fri, 30 Aug 2024 10:47:46 IST |
| Bombay High Court has held that the acquisition of a foreign nationality by the child's mother who is a single parent, will not affect the citizenship status of the child. The child cannot be left 'stateless.' |
| FAMILY - Bombay High Court: Mere Desire of Child Not Sole Factor to Decide Custody |
| Fri, 30 Aug 2024 10:47:33 IST |
| Bom. HC has stated that mere desire of a child at a tender age is not a sole factor to be considered for taking decision in respect of the custody. The child at the tender age is not fully aware of his welfare. There is always tendency to be with parent with whom they are residing. |
| CRIMINAL - AP HC: Condition to Deposit Min. 20% Fine May be Relaxed by Court if Exceptional Case Made Out |
| Fri, 30 Aug 2024 10:47:11 IST |
| AP HC has held that, Appellate Court will be justified in imposing condition of deposit as provided in S. 148 of N.I Act, 1881. However, in a case, where Appellate Court is satisfied with the condition that deposit of 20% will be unjust, exceptions can be made for the reason specifically recorded. |
| FAMILY - Supreme Court: Custody Court Can Refuse to Grant Custody of Child to Natural Parents |
| Thu, 29 Aug 2024 15:15:18 IST |
| SC while reserving judgement in a custody case, has observed that a custody court can refuse to grant custody to the natural parents. It all depends on the welfare of the minor child. It is not axiomatic that the custody court will grant custody only on the basis of legal rights of the parties. |
| ENVIRONMENT - SC: All Vacancies in State Pollution Control Boards of NCR States to be Filled by 30th April, 2025 |
| Thu, 29 Aug 2024 15:15:05 IST |
| SC has directed that National Capital Region States will address the issue of filling in substantial vacancies in the State Pollution Control Boards on urgent basis and will endeavour to fill in the vacant posts, required to be filled in by directing recruitment, within a period of two months. |
| SERVICE - Del HC: Regular Training to be Provided to Officers Holding Summary Security Force Court Proceedings |
| Thu, 29 Aug 2024 15:14:54 IST |
| Del. HC has directed mandatory regular trainings of officers holding the Summary Security Force Court (SSFC) proceedings under the Border Security Force (BSF) Act and Rules and stated that the Presiding Officers have to be sensitized on these matters in order to safeguard the rights of the accused. |
| CRIMINAL - Allahabad HC: Extrajudicial Confession by its Nature is a Weak Piece of Evidence |
| Thu, 29 Aug 2024 15:14:42 IST |
| Allahabad HC while acquitting an accused in a murder case, has observed that extra judicial confession by its very nature is otherwise a weak piece of evidence. Unless the attending circumstances are such that the extra judicial confession is found convincing, not much weight can be accorded to it. |
| DIRECT TAXATION - Bom. HC: Assessment Can be Centralized by Department at One Place if there are Sufficient Reasons |
| Thu, 29 Aug 2024 15:14:30 IST |
| Bombay High Court while upholding the order u/s 127 of IT Act, 1961 transferring Assessee's case from the Assessing Officer in Mumbai to Assessing Officer in Delhi has observed that if there are substantial and imminent reasons and cause, the department can centralize the assessment at one place. |
| SERVICE - SC: Bank Employees App. Under SC Quota Entitled to Retain Post After their Caste is De-scheduled |
| Thu, 29 Aug 2024 11:26:21 IST |
| SC has held that person who joined service of a Nationalized Bank/GOI undertaking based on a certificate that identified him/her as belonging to SC/ST category in Karnataka, pursuant to State Govt's notifications, would be entitled to retain the position after the caste/tribe has been de-scheduled. |
| EDUCATION - SC: Committee to Review Recommendation on MBBS Admissions for Aspirants With Mental Health Condition |
| Thu, 29 Aug 2024 11:26:09 IST |
| Supreme Court has directed the expert committee constituted by the National Medical Council to review recommendation on MBBS admissions for aspirants with mental health condition under the quota for Persons With Disabilities (PwD). |
| CONTEMPT OF COURT - Supreme Court: Contempt Case Against DDA Over Tree Felling Shifted to CJI |
| Thu, 29 Aug 2024 11:25:58 IST |
| Contempt Case against Delhi Development Authority regarding the felling of trees shall now be heard by the bench led by the Chief Justice of India instead of Justice Abhay S Oka led bench. |
| CYBER LAWS - Del. HC: Deepfake Going to be a Serious Issue, Government Needs to Act on it |
| Thu, 29 Aug 2024 11:25:47 IST |
| Delhi High Court has held that deepfake technology is going to be a serious menace in the society and the Union Government has to act on the issue. The Court further stated that the antidote for fake AI would be technology only. |
| ARBITRATION - Cal. HC: Application u/s 34 of A&C Act Falls Under Entry No. 2(c) of Schedule II of Court Fees Act |
| Thu, 29 Aug 2024 11:25:38 IST |
| Cal. HC has held that principal application u/s 34 of Arbitration and Conciliation Act, 1996 falls under Entry No. 2(c) of Schedule II of the Court Fees Act, 1870 and the Entry No. 1(10) of the Court Fees Act, 1870 prescribing higher fees for applications shall not extend to principal applications. |
| CRIMINAL - Bombay High Court: Girl Eloping With Paramour Can't be Booked for Cheating by Groom |
| Thu, 29 Aug 2024 11:25:27 IST |
| Bombay HC while quashing a FIR against a girl accused of cheating, has held that a girl who elopes with her paramour before marrying the groom cannot be booked for the offence as there is no whiff of any dishonesty or intention to deceive. |
| CRIMINAL - SC: Bail is the Rule and Jail is the Exception Even in PMLA Cases |
| Wed, 28 Aug 2024 15:06:34 IST |
| SC has held that S. 45 of PMLA, 2002 doesn't rewrite principle 'bail is the rule, jail is the exception' to mean that deprivation is the norm and liberty is the exception. All that is required is that in cases where bail is subject to satisfaction of conditions, those conditions must be satisfied. |
| CRIMINAL - SC: Unfortunate that People are Not Getting Bail Even in Magistrate Triable Cases |
| Wed, 28 Aug 2024 15:06:24 IST |
| Supreme Court while granting bail to an accused of forgery and cheating, has observed that it is very unfortunate that now people are not getting bail even in Magistrate triable cases and people have to come to the Supreme Court for this. |
| ARBITRATION - HP HC: When S. 29A(4) of A&C Act Applies, Application Under Section 151 of CPC Won't be Maintainable |
| Wed, 28 Aug 2024 15:06:12 IST |
| Himachal Pradesh High Court has held that when a particular provision exists under Section 29A(4) of the Arbitration and Conciliation Act, 1996 for extension of time of arbitration proceedings, application under Section 151 of Code of Civil Procedure, 1908 will not be maintainable. |
| CIVIL - Supreme Court: Registry to Give Explanation When Case Not Listed Despite Specific Orders |
| Wed, 28 Aug 2024 10:49:56 IST |
| Supreme Court has observed that when there is a specific order of the Court that a particular petition shall be listed, the minimum expectation from the Registry is that there will be some explanation placed on record why order of the Court is not complied with. |
| CRIMINAL - SC: Benefit of Proviso to S.45 of PMLA Can't be Denied to Woman Merely Because She is Well Educated |
| Wed, 28 Aug 2024 10:49:43 IST |
| Supreme Court has observed that merely because a woman is highly educated, or sophisticated or a Member of Parliament or a Member of Legislative Assembly, she should not be denied the benefit to proviso to Section 45(1) of PMLA Act, 2002. |
| CIVIL - SC: MoRTH Directed to Establish Portal & Toll Free Number for Complaints of Encroachment on Highways |
| Wed, 28 Aug 2024 10:49:32 IST |
| Supreme Court has directed the Ministry of Road Transport and Highways (MoRTH) to create a portal on which citizens can lodge complaints about the encroachments on highways and a facility of a toll-free number should also be created. |
| LAW OF MEDICINE - SC Stays Ministry of Ayush's Notification Omitting Rule 170 of the Drugs and Cosmetics Rules, 1945 |
| Wed, 28 Aug 2024 10:49:20 IST |
| Supreme Court has stayed Ministry of Ayush's notification issued on 1 July, 2024 whereunder, the Drugs (Fourth Amendment) Rules 2024, have been notified, stating that Rule 170 of the Drugs and Cosmetics Rules 1945 shall stand omitted. |
| CIVIL - Supreme Court: Discontent Expressed Over Size of Apology Published by IMA |
| Wed, 28 Aug 2024 10:49:08 IST |
| Supreme Court while expressing discontent with the size of the apology published by Indian Medical Association's President Dr RV Asokan over statements made against the Court, has directed that physical copies of the published apology ads too be placed on record within one week. |
| ARBITRATION - SC: Courts and Arbitral Tribunal Have Duty to Examine the Clauses of Contract |
| Tue, 27 Aug 2024 15:12:05 IST |
| Supreme Court while upholding Calcutta High Court's decision to set aside arbitrator's decision, has observed that it is the duty of every Arbitral Tribunal and Court alike and without exception to examine what the contract provides, for contract is the foundation of the legal relationship. |
| OTHER TAXES - Bom. HC: Water Tax to be Paid by Owner Even if They Do Not Consumer Water from BMC |
| Tue, 27 Aug 2024 15:11:53 IST |
| Bom. High Court has stated that Municipal Corporation can levy 'water tax' under Section 140(1)(a)(i) of the Mumbai Municipal Corporation Act, 1888 once facility of water supply is made available to the owner/occupier of a property and whether he actually consumes water or not becomes immaterial. |
| PROPERTY - Raj. HC: Rule 76 of Raj. Minor Mineral Concession Rules Applicable When Lease Holder Dies Intestate |
| Tue, 27 Aug 2024 15:11:42 IST |
| Rajasthan High Court has held that Rule 76 of Rajasthan Minor Mineral Concession Rules, 2017 which provides for procedure of mutation of the mineral license, shall only be applicable when the lease holder dies intestate, without any will. |
| CRIMINAL - Supreme Court: Judge Not A Mere Post Office to Frame Charge at Behest of Prosecution |
| Tue, 27 Aug 2024 11:43:04 IST |
| SC while quashing two orders passed by Special Judge, CBI, has observed that judge is not a mere post office to frame the charge at the behest of prosecution and must exercise judicial mind to the facts of the case in order to determine whether a case for trial has been made out by prosecution. |
| SERVICE - SC Grants Relief of Regularization to Woman Who Served Department for Thirty Years |
| Tue, 27 Aug 2024 11:42:53 IST |
| SC has directed regularization of services of a woman engaged as a water woman who had served the department for a period of thirty years but was not regularized on the ground that she was a paid part-time 'water woman' who was being paid per month on the basis of the number of working hours. |
| CONSUMER - SC: Dominant Intention to be Looked Into to Decide Whether Transaction Was Commercial |
| Tue, 27 Aug 2024 11:42:42 IST |
| Supreme Court has stated that it is the dominant intention of the transaction that is to be looked into to find out if it had any nexus with some kind of profit generation as part of the commercial activities. |
| EDUCATION - Del. HC: Denying Admission After Seat Allotment by DoE Violates Objective of RTE Act |
| Tue, 27 Aug 2024 11:42:31 IST |
| Delhi High Court has observed that if a student is denied admission once he/she has been allotted seat by the Directorate of Education (DoE), it would be violative of objectives which the Right to Education Act, 2009 seeks to achieve. |
| CIVIL - Del. HC Uphelds Constitutional Validity of Rule 4 of Delhi High Court (Original Side) Rules, 2018 |
| Tue, 27 Aug 2024 11:42:20 IST |
| Delhi High Court has upheld the constitutional validity of Rule 4, Chapter VII of the Delhi High Court (Original Side) Rules, 2018 which makes it mandatory to file a written statement within a period of 120 days, including non-commercial matters. |
| INTELLECTUAL PROPERTY RIGHTS - Bombay High Court: Temporary Relief Granted to US Fast-Food Giant "Burger King" |
| Tue, 27 Aug 2024 11:42:09 IST |
| Bombay High Court has granted temporary relief to United States food giant 'Burger King' and restrained a food joint based in Pune from using the trademark 'Burger King'. |
| CRIMINAL - SC: Cheque Dishonour Cases Can Only be Compounded With Consent of Complainant |
| Mon, 26 Aug 2024 14:56:40 IST |
| Supreme Court has held that Court can compound cheque dishonor cases under Section 147 of the Negotiable Instruments Act, 1881 (N.I. Act) only when there is consent of the complainant. |
| ELECTION - MP HC: Minor Differences in Nomination Form Can't be Called Substantial Defect |
| Mon, 26 Aug 2024 14:56:29 IST |
| Madhya Pradesh High Court has held that mere minor differences in the nomination form or non-disclosure of some information regarding dues cannot be said to be a substantial defect so as to materially affect the result of the election. |
| INTELLECTUAL PROPERTY RIGHTS - Bombay High Court: One Week Granted to Patanjali to Deposit Rs. 4 Crore Cost |
| Mon, 26 Aug 2024 14:56:19 IST |
| Bombay High Court in a Trademark Infringement Case, has granted extra one week's time to Patanjali for payment of Rs. 4 Crore fine imposed for non-compliance of its order. |
| CIVIL - Gau. HC: Assam Govt. Criticised for Notifying Draft Rules and the Draft Child Protection Policy |
| Mon, 26 Aug 2024 14:56:08 IST |
| Gau. HC has observed that delay in notifying the Draft Rules as well as the Draft Child Protection Policy discloses that the State Government or its concerned officers do not have the will to give tooth to the child protection laws like Juvenile Justice (Care and Protection of Children) Act, 2015. |
| CRIMINAL - Supreme Court: High Time that Police Officers are Imparted Proper Training in Law |
| Mon, 26 Aug 2024 10:30:59 IST |
| SC has observed that it is high time that the police officers across the country are imparted proper training in law so as to understand the fine distinction between the offence of cheating viz-a-viz criminal breach of trust. Both offences are independent and distinct. |
| SERVICE - Supreme Court: Court Can Look Into the Real Reason Behind Termination of Employee |
| Mon, 26 Aug 2024 10:30:46 IST |
| Supreme Court has held that the mere non-mention of the background situation in termination order cannot, by itself, be determinative of the nature of the order and the Court can find out the real reason and true character behind terminating/removing an employee. |
| CRIMINAL - SC: If Prima Facie Case Not Made Out, Bar of Section 18 of SC & ST Act Not Applicable |
| Mon, 26 Aug 2024 10:30:32 IST |
| SC has held that if on a prima facie reading of materials referred to in complaint, ingredients necessary for constituting offence are not made out, then bar of S. 18 of ST&ST Act, 1989 would not be applicable & it would be open to courts to consider plea for grant pre-arrest bail on its own merits. |
| SERVICE - SC: Cannot Deny Equal Benefits to Temporary Employees Working for Decades as Regular Employees |
| Mon, 26 Aug 2024 10:30:15 IST |
| Supreme Court has stated that the class of employees who serve the government for decades in a manner indistinguishable from regular employees cannot be deprived of the benefits and protections typically accorded to government servants. |
| CRIMINAL - SC: Benefit of Section 479 BNSS Extended to Undertrials in Cases Registered Before 1st July |
| Mon, 26 Aug 2024 10:30:04 IST |
| Supreme Court has held that Section 479 of Bharatiya Nagarik Suraksha Sanhita, 2023 shall have a retrospective application across the country and shall be applicable on undertrials in cases registered before July 1, 2024. |
| CAPITAL MARKET - SEBI: 5 Year Ban Imposed on Industrialist Anil Ambani for Diversion of Funds |
| Mon, 26 Aug 2024 10:29:52 IST |
| The Securities and Exchange Board of India (SEBI) has imposed a ban of five years on industrialist Anil Ambani from the securities market for the diversion of funds of Reliance Home Finance Ltd. |
| SERVICE - SC: In Matters of Regularization of Service, Decision-Making Authority Can't Act on its Whims |
| Fri, 23 Aug 2024 15:26:26 IST |
| SC while dealing with the issue of regularization of services of an Assistant Professor, has observed that the discretion vested in the Executive Council should be exercised in a fair and non-arbitrary manner. It cannot be based on the whim and caprice of the decision-making authority. |
| DIRECT TAXATION - Del. HC: TDS Credit to be Granted by AO in Compliance of Directions by ITAT |
| Fri, 23 Aug 2024 15:26:13 IST |
| Delhi High Court has held that TDS Credit is ought to be granted by Assessing Officer (AO) in compliance with directions passed by Income Tax Appellate Tribunal (ITAT). |
| ARBITRATION - Raj. HC: Can't Treat Pre-Arbitration Steps Mandatory if they Could Not be Fructified |
| Fri, 23 Aug 2024 15:26:03 IST |
| Rajasthan High Court has observed that if the pre-arbitration steps that are mentioned in the agreement could not be fructified, it cannot be said that those steps were mandatory in nature and in case of their failure no arbitration can be initiated. |
| SERVICE - MP HC: Preference in Appointments on Basis of Caste Can be Granted Only if Other Things are Equal |
| Fri, 23 Aug 2024 15:25:52 IST |
| MP HC has held that preference in appointment can be granted only if other things are equal. Once minimum educational qualification was Class-X pass, then preference can operate only if candidate of ST category was also Class-X pass, & only in that event aspect of preference would come into picture. |
| CRIMINAL - Bom. HC: Even a Written Insulting Word Lowering Dignity of a Woman Can be Penalised |
| Fri, 23 Aug 2024 15:25:42 IST |
| Bom. HC has observed that to book someone u/s 509 of IPC, the manner in which offender lowers dignity of a woman is not restricted to oral abuse or gesture alone. It includes statements, speeches, exclamations, notes and it can be in a text form relayed physically or electronic medium. |
| CIVIL - Guj. HC: TOI, Indian Express to Publish Public Apology for Wrong Reporting of Court Proceedings |
| Fri, 23 Aug 2024 15:25:32 IST |
| Guj. HC has directed the newspapers, Times of India and Indian Express to publish apology in their respective newspapers with regard to publishing a wrong version of the Court proceedings, making sensational news by giving a distorted narration of Court's observation during the course of hearing. |
| CRIMINAL - SC: If Accu. on Bail Can't Find Sureties, Requirement of Furnishing Sureties to be Balanced with FRs |
| Fri, 23 Aug 2024 10:45:52 IST |
| SC has observed that where the court is faced with the situation where the accused enlarged on bail is unable to find sureties, as ordered, in multiple cases, there is also a need to balance the requirement of furnishing the sureties with his or her fundamental rights under Article 21 of the COI. |
| CIVIL - Supreme Court: Registrar Must Ensure that Assistants Work Diligently |
| Fri, 23 Aug 2024 10:45:41 IST |
| Supreme Court has stated that the Registrar shall ensure that the dealing assistants and senior court assistants diligently perform their work. Any recurrence of error or remissness of the nature that has been noticed, if brought to notice once again, may expose them to serious consequences. |
| CIVIL - SC: Maharashtra Govt. Directed to Hand Over Land for New Building of Bombay HC by 31st August |
| Fri, 23 Aug 2024 10:45:30 IST |
| Supreme Court has directed the Maharashtra Government to hand over the land allotted for the new building of Bombay High Court by 31st August. |
| CRIMINAL - SC: No Coercive Action Against Doctors if They Come Back to Work |
| Fri, 23 Aug 2024 10:45:19 IST |
| Supreme Court while hearing the suo motu case related to RG Kar Hospital murder-rape crime, has ordered that no coercive action shall be taken against doctors for previous protests if they come back to work. |
| EDUCATION - Del. HC Issues Directions to Ensure Respectful Admission of EWS/DG Category in Pvt. Unaided Schools |
| Fri, 23 Aug 2024 10:45:08 IST |
| Delhi High Court has issued a set of directions for addressing barriers faced by EWS/DG students and their parents in the admission process in all private unaided recognized schools under the EWS/DG category in the national capital and to ensure respectful and accessible admissions of such students. |
| CIVIL - Bom. HC: State Ordered to Create a Social Media Handle for Reporting Instances of Manual Scavenging |
| Fri, 23 Aug 2024 10:44:57 IST |
| Bom. HC has directed Department of Social Welfare to create a Social Media handle where citizens and non-governmental organisations can report instances of manual scavenging. This will aid the Social Welfare Department in its statutory duty to ensure that manual scavenging does not take place. |
| CIVIL - Gujarat High Court Dismisses PIL Seeking Usage of Gujarati Language in Courts |
| Thu, 22 Aug 2024 15:01:32 IST |
| Gujarat High Court has dismissed a Public Interest Litigation (PIL) that sought the usage of Gujarati language in courts across the State. The Court stated that there is fundamental right to speak a language but there is no fundamental right for use of a particular language in an institution. |
| CRIMINAL - Ker. HC: State Directed to Place Before Court the Entire Justice Hema Committee Report |
| Thu, 22 Aug 2024 15:01:21 IST |
| Kerala High Court has directed the State Government to place before it the entire Justice Hema Committee Report including all the removed portions in a sealed cover and further impleaded the Kerala State Women's Commission suo moto in the matter. |
| ARBITRATION - Bharat Pe Dispute: Delhi HC Refers Employment Agreement Dispute to Arbitration |
| Thu, 22 Aug 2024 15:01:09 IST |
| Delhi High Court while dealing with Bharat Pe's plea seeking appointment of sole arbitrator in relation to a dispute regarding an employment agreement between Ashneer Grover and Bharat Pe, has referred the same to arbitration. |
| ARBITRATION - Del. HC: Anti-Enforcement Injunc. Can be Granted Against Proc. Threatening Arbitral Process in India |
| Thu, 22 Aug 2024 15:00:58 IST |
| Del. HC has held that if proceedings in a foreign Court, or any order/decree passed by a foreign Court, threatens to prejudice or derail arbitral process which may be instituted in India, Section 9 Court is amply possessed of the power to injunct the party who has instituted the foreign proceedings. |
| ARBITRATION - Cal. HC: High Court's Commercial Division Can Hear Appeals Under A&C Act Filed on Original Side |
| Thu, 22 Aug 2024 15:00:47 IST |
| Cal. HC has held that language used in S. 10(2) of Commercial Courts Act, 2015 is "shall", which is mandatory and implies that even if an application is filed in the original Side of the High Court under A&C Act, 1996, it would suffice if the same is heard and disposed of by the Commercial Division. |
| SERVICE - SC: Not Declaring Cut-Off Marks for PWDs Under Overall Horizontal Reservation Not Arbitrary |
| Thu, 22 Aug 2024 10:20:12 IST |
| Supreme Court has held that if cut-off marks are not declared for candidates with benchmark disability who fall under the Overall Horizontal Reservation, such an action could neither be said to be arbitrary nor violative of Article 14, 16 and 21 of the Constitution of India. |
| CIVIL - SC: Submission of Reform Proposals Called from Bar Associations for Advocates' Bodies |
| Thu, 22 Aug 2024 10:20:00 IST |
| Supreme Court while focusing on the requirement of guidelines and parameters that can be enforced for Bar Associations across the entire country, has asked advocates' body to request all the bar associations to submit their suggestions regarding the same within a period of four weeks. |
| CIVIL - SC: Principal Secretary of UP Prisons Department Slammed for Making False Statements on Oath |
| Thu, 22 Aug 2024 10:19:48 IST |
| Supreme Court has slammed the Principal Secretary of the Prison Administration and Reforms Department of Uttar Pradesh for making completely different statements from the statements recorded in the Court's order and warned the Officer about issuing criminal contempt case against him. |
| CRIMINAL - Bom. HC Criticizes Maha. Police Over Deficiencies in Investigation in Serious Crimes Against Women |
| Thu, 22 Aug 2024 10:19:37 IST |
| Bombay High Court while hearing a case related to rape of a minor girl, has expressed its anguish over deficient investigation done by Maharashtra Police in serious crimes concerning women. |
| CRIMINAL - MP HC: Mere Occasional Harassment or Misbehavior Does Not Amount to Abetment to Suicide |
| Thu, 22 Aug 2024 10:19:25 IST |
| MP HC while setting aside charges framed against accused for abetment to suicide, has held that overt act of accused person must be of such a nature where the victim had no option but to commit suicide and mere occasional harassment or misbehavior does not amount to abetment to suicide. |
| CIVIL - SC: Asking Advocates to File Physical Copies of Appeal After E-Filing Defeats Purpose of Online Mode |
| Wed, 21 Aug 2024 17:08:56 IST |
| SC has observed that asking advocates to file physical copies of appeals in addition to e-filing at NCDRC would defeat the purpose of online mode and if some judges are uncomfortable with e-files, the answer is to provide training to them and not to continue with old and outmoded ways of working. |
| ENVIRONMENT - SC: Contempt Notice to be Issued for Non-Compliance of Conditions Related to Tree Felling |
| Wed, 21 Aug 2024 17:08:46 IST |
| Supreme Court while dealing with the issue of enhancing the green cover in Delhi, has warned the authorities that if there is even slight non-compliance of conditions that are imposed while felling trees, it will issue contempt proceedings. |
| DIRECT TAXATION - Del. HC: While Granting Approval, Merely Appending Word 'Approved' by PCCIT Not Sufficient |
| Wed, 21 Aug 2024 17:08:36 IST |
| Del. HC has observed that mere appending of the word "approved" by the PCCIT while granting approval under Section 151 of IT Act to the re-opening under Section 148 is not enough. While the PCCIT is not required to record elaborate reasons, he has to record satisfaction after application of mind. |
| CIVIL - Kerala HC: No Fundamental Right for Citizen to Have Title of Laws in Language that is Familiar |
| Wed, 21 Aug 2024 17:08:26 IST |
| Ker. HC while dismissing a PIL that challenged the Hindi names of the three new criminal laws, has observed that there is no fundamental right for a citizen to have title of laws in a language that is familiar to him. |
| FAMILY - SC: Granting Temp. Custody of Child to Relative Doesn't Preclude Natural Guardian from Seeking it |
| Wed, 21 Aug 2024 10:54:26 IST |
| Supreme Court while granting custody of a minor girl in favour of her father, has observed that merely because temporary custody of a child has been granted to a relative, it will not disentitle the natural guardian from seeking custody of such child. |
| EDUCATION - SC: General Category Seat of Horizontal Reservation Can be Claimed by Reserved Category Candidate |
| Wed, 21 Aug 2024 10:54:15 IST |
| SC has held that a meritorious reserved category candidate who is entitled to the General category of the said horizontal reservation on his own merit, will have to be allotted a seat from the said General category of the horizontal reservation. |
| INSOLVENCY - Supreme Court Refuses to Restrain Formation of CoC for Byju's |
| Wed, 21 Aug 2024 10:54:04 IST |
| Supreme Court has refused to pass an order restraining formation of a Committee of Creditors by Resolution Professional for Byju's in the insolvency proceedings against it. |
| LAW OF MEDICINE - Supreme Court Expresses Disinclination Towards Entertaining Plea of Euthanasia |
| Wed, 21 Aug 2024 10:53:53 IST |
| Supreme Court while hearing a plea for euthanasia, of a man suffering from diffuse axonal injury with Permanent Vegetative state, Quadriplegia with 100% disability, has rejected the plea and observed that it was not a case fit for passive euthanasia. |
| CIVIL - Del. HC: Centre Directed to Act Against Illegal Online Sale of Hookahs Without Proper Warnings |
| Wed, 21 Aug 2024 10:53:42 IST |
| Delhi High Court has directed the Centre to treat PIL seeking action against illegal online sale of hookahs without proper warning, as a representation and pass appropriate orders including necessary action in accordance with law within three months. |
| CRIMINAL - All. HC: Any Person Who Converts People by Force to be Made Liable Under UP 'Anti Conversion' Act |
| Wed, 21 Aug 2024 10:53:31 IST |
| All. HC while denying bail to a Maulana accused for forceful conversion of victim to Islam, has observed that any person of any religion irrespective of name with which he is called, shall be liable under UP Anti Conversion Act, 2021 for conversions by misrepresentation, force, undue influence etc. |
| CRIMINAL - Mad. HC: Tamil Nadu Govt. Criticized for Invoking Preventive Detention Laws on 'Mere Apprehension' |
| Wed, 21 Aug 2024 10:53:19 IST |
| Mad. HC has criticized the TN Government for invoking preventive detention laws on mere apprehension of disturbance to public order and observed that a person being detained on mere apprehension is not good for democracy. Fundamental rights of personal liberty should be expanded, not narrowed down. |
| ARBITRATION - Cal. HC: SAMA Not Duly Recognized by Government, Parties Should Approach Court for Arbitrator |
| Wed, 21 Aug 2024 10:53:09 IST |
| Calcutta High Court has held that under the Arbitration and Conciliation Act, 1996 there is no independent Dispute Redressal Institution in Kolkata including SAMA and the parties should approach the Court for appointment of arbitrator in case if there is a dispute. |
| CIVIL - Kar. HC: State Directed to Take Steps Regarding Overcrowding in Govt. Hostels For SC/ST Students |
| Wed, 21 Aug 2024 10:52:57 IST |
| Karnataka High Court has directed the State to take steps regarding the overcrowding in hostels run by the Government in the State for Scheduled Caste and Scheduled Tribe students. |
| CRIMINAL - SC: Detenue Can Challenge Preventive Detention Order on Ground of Non-Supply of Documents |
| Tue, 20 Aug 2024 16:04:58 IST |
| Supreme Court has held that preventive detention order can be challenged by detenue on ground of non-supply of documents and he does not need to prove that such withholding of documents caused prejudice to him. |
| CRIMINAL - SC Forms 'National Task Force' for Safety of Doctors and Medical Professionals |
| Tue, 20 Aug 2024 16:04:45 IST |
| Supreme Court while hearing the suo motu case over the rape and murder of a doctor at the RG Kar Medical College Hospital in Kolkata, has created a National Task Force for giving recommendations regarding safety of women across the country. |
| CIVIL - Del. HC: Plea on Rahul Gandhi's Citizenship to be Treated as Public Interest Litigation |
| Tue, 20 Aug 2024 16:04:34 IST |
| Delhi High Court has stated that former Union Minister Subramanian Swamy's plea to revoke Indian citizenship of Congress leader Rahul Gandhi shall be treated as a Public Interest Litigation. |
| CRIMINAL - SC: Cal. HC's Order Asking Girls to Control their Sexual Urges, Set Aside |
| Tue, 20 Aug 2024 16:04:24 IST |
| Supreme Court while restoring the conviction of an accused in a rape case, has set aside the Calcutta High Court's order wherein it was stated that adolescent girls need to control their sexual urges rather than giving in to two minutes of pleasure. |
| CRIMINAL - SC: Suo Motu Cognizance Taken in RG Kar Hospital Doctor's Rape & Murder Case |
| Tue, 20 Aug 2024 11:51:28 IST |
| Supreme Court has taken suo motu cognizance of the case relating to rape and murder of a post-graduate trainee doctor in RG Kar Hospital in Kolkata. |
| CIVIL - Justice Hema Committee Report Made Public |
| Tue, 20 Aug 2024 11:51:14 IST |
| Justice Hema Committee report constituted in 2017 by the Kerala Government has been made public. The report states that there must be an independent forum which must be constituted by the government, to deal with the problems of women in cinema. |
| CIVIL - Del. HC Approves Transfer of Mortal Remains of Man Who Died in UK |
| Tue, 20 Aug 2024 11:51:02 IST |
| Delhi High Court has approved the transfer of mortal remains of a man belonging to Hyderabad who died in Chertsey, United Kingdom and directed the Centre to issue NOC to the wife of the deceased for transfer of her husband's mortal remains from UK to Hyderabad. |
| CIVIL - CAS: Indian Wrestler Vinesh Phogat Did Not Commit any Indiscretion in Paris Olympics, 2024 |
| Tue, 20 Aug 2024 11:50:49 IST |
| Court of Arbitration for Sport (CAS) has refused Indian wrestler Vinesh Phogat's plea of a silver medal in Paris Olympics, 2024 after she was disqualified due to her weight, and stated that there was no illegal or wrongful act on the part of the wrestler. |
| CIVIL - Country's First Exclusive Digital Court for Negotiable Instruments Act Cases Inaugurated |
| Tue, 20 Aug 2024 11:50:37 IST |
| Supreme Court judge Justice BR Gavai inaugurated the Country's first exclusive Digital Court for Negotiable Instruments Act Cases in Kollam, Kerala. The aim of this initiative is to reduce the pendency cheque dishonor cases under Section 138 of NI Act, 1881. |
| CIVIL - Kar. HC: BBMP to Prepare Draft MoU Regarding Handing Over of Lakes for Maintenance |
| Tue, 20 Aug 2024 11:50:25 IST |
| Karnataka High Court has directed the Bruhat Bengaluru Mahanagara Palike (BBMP) to prepare a draft Memorandum of Understanding (MoU) regarding the handing over of lakes for maintenance to private parties. |
| CIVIL - MP HC: Protesting Doctors Directed to Come Back to Work |
| Tue, 20 Aug 2024 11:50:13 IST |
| Madhya Pradesh High Court while addressing a notice regarding strike by doctors, medical students, and associated medical organizations in response to rape and murder against a resident doctor in Kolkata, has directed the doctors to withdraw the strike. |
| CIVIL - Del. HC: Ad-Hoc Committee Appointed for Taking Over Activities of WFI, Restored |
| Tue, 20 Aug 2024 11:49:59 IST |
| Delhi High Court has restored the ad-hoc committee that was appointed by the Indian Olympic Association to oversee all the activities and management of Wrestling Federation of India (WFI). |
| LAW OF MEDICINE - Bombay HC: Person Merely Donating Eggs or Sperm Doesn't Become Biological Parent of Child Born |
| Wed, 14 Aug 2024 15:19:55 IST |
| Bombay High Court has held that a person merely donating eggs or sperms is not entitled to claim parental rights over children born through in vitro fertilization (IVF) treatment. |
| MINES AND MINERALS - SC: Past Tax Dues on Mineral Rights Can be Recovered but Not for Period Before 1st April, 2005 |
| Wed, 14 Aug 2024 15:19:45 IST |
| Supreme Court has rejected the argument that power of States to charge tax dues on mineral rights should only be applied prospectively and clarified that States are allowed to recover tax dues for past period but not on transactions made before 1st April, 2005. |
| CRIMINAL - Del. HC: POCSO Act being Misused by Girl's Family that Objects Her Romantic Relationship With a Boy |
| Wed, 14 Aug 2024 15:19:35 IST |
| Delhi High Court while granting bail to an accused in a POCSO case, has observed that POCSO Act, 2012 is being misused by family of girls that object to their romantic relationship with young boys as a result of which such boys languish in jail. |
| CIVIL - To Review Effectiveness of Maharashtra Slum Areas Act, Bombay HC Constitutes Special Bench |
| Wed, 14 Aug 2024 15:19:24 IST |
| Bombay High Court has issued a notification for constitution of a special bench for hearing the PIL filed for comprehensive audit of the Maharashtra Slum Areas (Improvement, Clearance & Redevelopment) Act of 1971. |
| MOTOR VEHICLES - Karnataka HC Refuses to Stay Order Limiting Collection of Service Charges from Ola, Uber & Rapido |
| Wed, 14 Aug 2024 15:19:13 IST |
| Karnataka High Court while hearing a petition filed by Uber and Ola challenging the notification by State Government u/s 67 of Motor Vehicles Act, 1988, has refused to pass a stay order limiting the service charges to be collected by these aggregators. |
| CRIMINAL - All. HC: If Ocular Testimony is Suspected, Existence/Absence of Motive Acquires Significance |
| Wed, 14 Aug 2024 15:19:03 IST |
| Allahabad High Court while acquitting an accused in a murder case due to unreliable ocular testimony, has observed that when ocular testimony appears to be suspected, the existence or absence of motive acquires significance. |
| SERVICE - Cal. HC: Government Should take Steps to Extend Benefits of Child Care Leave to Fathers |
| Wed, 14 Aug 2024 15:18:52 IST |
| Cal. HC has observed that time has come when the Government should treat its employees equally without any discrimination between the male and the female employees and should take a decision to extend benefit of Child Care Leaves to the male employees as has been done in the case of the females. |
| INTELLECTUAL PROPERTY RIGHTS - MP HC: Registration of Label Cannot be Denied on Mere Ground of Objection by Third Party |
| Wed, 14 Aug 2024 15:18:40 IST |
| MP HC has held that, for registration of a label Excise Commissioner may make an enquiry and if he is satisfied that pre-requisites for registration have been complied with he may register the label. Objection to such registration has to be legal and not an objection submitted by a third party. |
| CRIMINAL - Supreme Court Seeks Centre's Response on Whether S. 479 of BNSS Applies Retrospectively |
| Wed, 14 Aug 2024 11:22:07 IST |
| Supreme Court while hearing a PIL on overcrowding of prisons in the country, has sought the response of Centre on whether Section 479 of Bharatiya Nagarik Suraksha Sanhita, 2023 which provides for maximum period for which an undertrial prisoner can be detained, can be applied retrospectively. |
| CRIMINAL - SC Explains the Requirements to be Fulfilled for Initiating Perjury Proceedings against Litigant |
| Wed, 14 Aug 2024 11:21:56 IST |
| SC has held that, to initiate perjury proceedings against a litigant court should be of prima facie opinion that there exists sufficient & reasonable ground to initiate proceedings, such proceedings should be initiated when doing so is expedient in the interests of justice to punish the delinquent. |
| LAND ACQUISITION - SC: If Land Acquisition Compensation Not Paid, Schemes Like Ladli Behna Will be Stopped |
| Wed, 14 Aug 2024 11:21:45 IST |
| Supreme Court has reprimanded the State of Maharashtra for not coming up with a reasonable figure for compensation in cases where State illegally occupied a person's property and warned the State that if no reasonable amount is decided it shall stop schemes like Ladli Behna. |
| RIGHT TO INFORMATION - Del. HC: Withholding Names of Institutes or Universities Attended by Current Employees is Justified |
| Wed, 14 Aug 2024 11:21:34 IST |
| Del. HC has held that Central Information Commissioner's decision to withhold the names of institutes or universities attended by current employees is justified under Section 8(1)(j) of the Right to Information Act, 2005 as disclosure of such information is clearly not in the larger public interest. |
| CIVIL - Delhi High Court Declines to Limit Implementation of Project for Hybrid Hearing |
| Wed, 14 Aug 2024 11:21:11 IST |
| Delhi High Court has declined to limit implementation of project for hybrid hearings in Courts in the capital and observed that if such direction is passed it will only lead to complications and would delay the project. |
| CRIMINAL - Calcutta High Court Transfers Kolkata Doctor's Rape-Murder Case to CBI |
| Wed, 14 Aug 2024 11:20:59 IST |
| Cal. HC has transferred the case of rape and murder of 2nd year PG medical student to CBI. The Court held that since there has been no significant progress in the investigation, Court would be justified in accepting prayers by the victim's parents that evidence would be destroyed. |
| CIVIL - Gujarat HC Issues Notice to TOI and Indian Express for Misrepresenting Court Proceedings |
| Wed, 14 Aug 2024 11:20:49 IST |
| Gujarat High Court while issuing notices to editors of Times of India and Indian Express for giving a false and distorted version of court proceedings, has observed that observations in the Court are always tainted and give an impression that the Court has formed an opinion. |
| CIVIL - Del. HC: Rajdeep Sardesai to Take Down Defamatory Video of BJP Leader Shazia Ilmi |
| Wed, 14 Aug 2024 11:20:22 IST |
| Delhi High Court has directed journalist Rajdeep Sardesai to take down video posted by him on 'X', showing BJP leader Shazia Ilmi allegedly abusing a video journalist of India Today. The Court has directed the removal of video till final disposal of the case. |
| CRIMINAL - Supreme Court: Pushing a Person to Wriggle Out Arrest Not Criminal Use of Force |
| Tue, 13 Aug 2024 15:27:49 IST |
| SC has observed that, to establish criminal force, intentional use of force to any person without their consent to commit offence, is required but an accused's act of jostling & pushing in an attempt to extricate himself from arrest do not attract ingredients of assault or criminal force. |
| CONTEMPT OF COURT - Supreme Court Closes Contempt Proceedings Against Patanjali Ltd. |
| Tue, 13 Aug 2024 15:27:39 IST |
| Supreme Court while giving a stern warning, has closed contempt proceedings against Pantanjali Ltd its Managing Director Acharya Balkrishna and co-founder Baba Ramdev. The proceedings were initiated against publication of misleading medical advertisements in breach of a court undertaking. |
| CRIMINAL - Supreme Court: Even in Special Statutes Like UAPA, Bail is the Rule, Jail Is the Exception |
| Tue, 13 Aug 2024 15:27:30 IST |
| Supreme Court while hearing an appeal against denial of bail in an offence under UAPA, has stated that bail is the rule and jail is the exception is applied even to special statutes. If courts start denying bail in deserving cases, it will be a violation of rights guaranteed under Article 21 of COI. |
| CRIMINAL - SC: Reservations Expressed Over Observations Made by HC on Grant of Bail to Foreign National |
| Tue, 13 Aug 2024 15:27:18 IST |
| Supreme Court while hearing a bail application filed by a foreign national who was denied bail by Himachal Pradesh High Court, has expressed some reservations on the observations made by the High Court on grant of bail to non-citizens. |
| CIVIL - Delhi High Court: SEBI and RBI Directed Conclude Probe into Axis-Max Life Deal Scam Expeditiously |
| Tue, 13 Aug 2024 15:27:08 IST |
| In a Public Interest Litigation filed by BJP leader Subramanian Swamy alleging a scam of approximately ?5,100 crore in Axis Bank-Max Life deal, Delhi High Court has directed the regulators namely SEBI and RBI to complete the investigation in accordance with law as expeditiously as possible. |
| CRIMINAL - SC: Notice Issued in Petition Challenging Ker. HC Order Related to Downloading of Child Pornography |
| Tue, 13 Aug 2024 11:04:40 IST |
| Supreme Court has issued notice in a petition challenging Kerala High Court's order in which it was held that a person merely downloading child pornography in his phone cannot be said to have committed an offence under the POCSO Act, 2012 or the Information Technology Act, 2000. |
| CRIMINAL - TOI Article: SC Stays Defamation Proceedings Against Editorial Director of Bennet Coleman |
| Tue, 13 Aug 2024 11:04:30 IST |
| Supreme Court has stayed defamation proceedings against Editorial Director of Bennett Coleman and Co Ltd, that were initiated over publication of an article in Times of India about an auction of artwork. |
| CIVIL - Supreme Court: Centre & States to Take Steps to Implement NCAHP Act, 2021 |
| Tue, 13 Aug 2024 11:04:20 IST |
| Supreme Court has directed the Centre to conduct a meeting with all the State Secretaries of the Ministry of Health and Family Welfare, to come out with a plan for implementation of the National Commission for Allied and Healthcare Professions (NCAHP) Act, 2021 within a period of two weeks. |
| SERVICE - SC: Del. HC Direction that OPS is Applicable to Paramilitary Forces/CAPF Personnel, Stayed |
| Tue, 13 Aug 2024 11:04:10 IST |
| Supreme Court has stayed an order passed by Delhi High Court directing that the Old Pension Scheme (OPS), in accordance with Central Civil Services (Pension) Rules, 1972 shall also be applicable on paramilitary forces/Central Armed Police Forces personnel. |
| GOODS AND SERVICES TAX - All HC: Authorities Can Survey Business Premises if Detained Goods Not Accompanied with Proper Docs. |
| Tue, 13 Aug 2024 11:04:00 IST |
| Allahabad High Court has held that the GST authorities have full mechanism as well as power that after detaining the goods, if the same were not accompanying with the proper documents, the authority can make survey of the business premises to find out the correctness of transaction. |
| ELECTION - Delhi High Court: Poster Hoarding Business During Bar Elections Must Stop |
| Tue, 13 Aug 2024 11:03:49 IST |
| Delhi High Court while hearing a PIL seeking 33% reservation for women lawyers in elections to Bar Councils, has remarked that the culture of putting up hoardings of candidates contesting the bar elections is a menace and steps must be taken to make it stop. |
| CIVIL - Karnataka High Court: Hoardings and Flexes Coming Up Illegally Should be Prevented by Authorities |
| Tue, 13 Aug 2024 11:03:39 IST |
| Karnataka High Court has held that competent authorities shall continue to monitor flexes/hoardings to ensure that they do not pose danger to the life of people specially in monsoon season, in addition to regulating the illegal putting up of the hoardings/flexes. |
| CIVIL - Bom. HC: 3-Weeks Interim Protection Granted to Refugee Family Served With 'Leave India Notice' |
| Tue, 13 Aug 2024 11:03:29 IST |
| Bom. HC has granted three weeks interim protection to a refugee family served with 'Leave India Notice' as they had overstayed their visa. The protection was granted on the ground that the family had already applied for Australian visa and was waiting for response from Australian authorities. |
| SERVICE - Supreme Court: Plea Challenging Decision to Hold UGC-NET on Aug 21, Dismissed |
| Mon, 12 Aug 2024 15:27:31 IST |
| Supreme Court has dismissed a petition that challenged the decision to hold re-examination for the UGC-NET exam. The Court stated if the petition is entertained it would only add to the uncertainty and create chaos. |
| CRIMINAL - Liquor Policy Case: CM Arvind Kejriwal Approaches Supreme Court Against CBI Arrest |
| Mon, 12 Aug 2024 15:27:21 IST |
| Chief Minister of Delhi, Arvind Kejriwal has approached the Supreme Court challenging his arrest in the liquor policy case by the Central Bureau of Investigation. |
| LIMITATION - SC: Limitation Period for Specific Performance Suit's Runs from Date for Performance of Agreement |
| Mon, 12 Aug 2024 15:27:10 IST |
| Supreme Court has held that period of limitation for specific performance of suit shall run from the date that has been fixed for its performance and not from the expiry of the validity of the agreement. |
| CRIMINAL - Ker HC: Public Place in S. 294 of IPC Include Even those Areas Which are in Vicinity of Public Place |
| Mon, 12 Aug 2024 15:27:00 IST |
| Ker HC has held that the term public place in S. 294(a) of IPC include even those areas which are in vicinity of public place, meaning thereby that if obscene words uttered in a public place are heard by persons in vicinity of public place so as to cause annoyance, it would attract S. 294(b) of IPC. |
| CIVIL - All. HC: Petit. Seeking in Person Appearance Can File Petitions from District Courts' e-Sewa Kendras |
| Mon, 12 Aug 2024 15:26:49 IST |
| The Registrar of Central Public Information Officer, Allahabad High Court , in a reply to an application filed under the Right To Information Act, 2005 has stated that petitioners who seek in person appearance can file their petitions from district courts' e-Sewa Kendras. |
| CIVIL - Supreme Court: No Lawyer Can Brazenly Say That He Will Not Argue the Matter |
| Mon, 12 Aug 2024 11:30:21 IST |
| Supreme Court has asked a lawyer who refused to argue the case and insisted the Court to decide bail application, to tender apology to High Court and further stated that no lawyer can brazenly say that he will not argue the matter finally. |
| LAW OF EVIDENCE - Supreme Court: Disclosure Made by Accused Irrelevant if Fact Previously Known to Police |
| Mon, 12 Aug 2024 11:30:10 IST |
| Supreme Court has held that, if a disclosure is made by the accused under Section 27 of the Indian Evidence Act, 1872 regarding the crime, such disclosure shall be irrelevant if the fact is already known to the police. |
| ARBITRATION - SC Determines the Conversion Rate of Foreign Award Expressed in Foreign Currency to Indian Rupees |
| Mon, 12 Aug 2024 11:29:59 IST |
| SC has held that statutory scheme makes a foreign arbitral award enforceable when objections against it are finally decided. Therefore, as per A&C Act, 1996, relevant date for determining conversion rate of foreign award expressed in foreign currency is the date when the award becomes enforceable. |
| EDUCATION - SC Upholds Bom HC Judgement Quashing 25% Quota Exemption for Private Schools if Govt. Schools Nearby |
| Mon, 12 Aug 2024 11:29:49 IST |
| Supreme Court has upheld the judgement passed by Bombay High Court quashing the exemption of 25% quota for children of disadvantaged sections, if there is a government-run or aided school within 1 km radius of that private school. |
| SERVICE - Supreme Court: Can't Apply Decision to Reduce Pay Scale, Retrospectively |
| Mon, 12 Aug 2024 11:29:37 IST |
| Supreme Court has held that any decision taken by the State Government to reduce an employee's pay scale and recover the excess amount cannot be applied retrospectively and that too after a long time gap. |
| CONSTITUTION - Supreme Court: Hijab Ban Imposed by Mumbai Private College Stayed |
| Mon, 12 Aug 2024 11:29:26 IST |
| Supreme Court has stayed the ban imposed by a private college in Mumbai on wearing of hijab, cap or badges by students on campus. |
| DIRECT TAXATION - Del HC: While Passing Reassessment Order, Dept. Can't Take Fresh Grounds Not Disclosed to Taxpayer |
| Mon, 12 Aug 2024 11:29:16 IST |
| Delhi High Court while quashing reopening proceedings initiated u/s 148A of Income Tax Act, 1961, has observed that while passing order u/s 148A(d) of IT Act, Revenue Department cannot take a fresh ground that was not disclosed to the taxpayer. |
| CRIMINAL - Del. HC: Can Invoke Offence of Penetrative Sexual Assault Under POCSO Act Against Women |
| Mon, 12 Aug 2024 11:29:05 IST |
| Del. HC has held that the word 'he' appearing in section 3 of the POCSCO Act, 2012, cannot be given a restrictive meaning that it refers only to a 'male' but must be given its intended meaning, namely that it includes within its ambit any offender irrespective of their gender. |
| DIRECT TAXATION - Kar HC: No Interference in Settlement Commission's Order Accepting Expl. In the Spirit of Settlement |
| Mon, 12 Aug 2024 11:28:53 IST |
| Karnataka High Court has held that acceptance of explanation 'in the spirit of settlement' by the Settlement Commission, cannot put the commission at fault for interference in exercise of the limited jurisdiction. |
| CRIMINAL - SC: Recording of Confession by Medical Officer When Accused in Police Custody, Hit by S. 26 of IEA |
| Fri, 09 Aug 2024 15:36:20 IST |
| Supreme Court has set aside the conviction of accused in a murder case on the ground that the confessions by the accused are ex-facie inadmissible in evidence for the simple reason that the accused persons were presented at the hospital by the police officers after having been arrested in the case. |
| CRIMINAL - Supreme Court: Bail Granted to Manish Sisodia in Liquor Policy Case |
| Fri, 09 Aug 2024 15:36:09 IST |
| Supreme Court has granted bail to Delhi Deputy Chief Minister Manish Sisodia in the liquor policy case on account of long incarceration running around 17 months and trial having not been commenced, leading to deprivation of his right to speedy trial. |
| SERVICE - Chh. HC: Continuance of Benefit of Advance Increment Can't be Claimed by Employee after Promotion |
| Fri, 09 Aug 2024 15:35:59 IST |
| Chhattisgarh High Court has held that continuance of advance increments granted for family planning purposes cannot be claimed by employees once they have been promoted or their pay scale has been revised. |
| SERVICE - Kar. HC: Process of Recruitment for Government Jobs Must be Conducted Periodically |
| Fri, 09 Aug 2024 15:35:49 IST |
| Karnataka High Court has stated that recruitment for Government jobs should take place periodically because when accumulated vacancies are continued indefinitely, that not only affects the efficacy of public administration but also renders many qualified & eligible job aspirants age barred. |
| ARBITRATION - Paris Olympics: Wrestler Vinesh Phogat Approaches Court of Arbitration for Sport |
| Fri, 09 Aug 2024 15:35:39 IST |
| Wrester Vinesh Phogat who was disqualified from the Paris Olympics for being overweight, has approached the Court of Arbitration For Sport challenging her disqualification. |
| TRUSTS AND SOCIETIES - SC: Stay on HC Order for Inspection of Shahi Eidgah Mosque Extended Till November |
| Fri, 09 Aug 2024 15:35:29 IST |
| Supreme Court while hearing the case on Krishna Janmabhoomi-Shahi Eidgah Mosque dispute has extended the stay on order passed by Allahabad High Court allowing the inspection of the Shahi Eidgah Mosque by a Court Commissioner, till November. |
| CIVIL - Mad. HC: Can't Term Speeches Criticising Govt. and its Policies as Threat to Public Order |
| Fri, 09 Aug 2024 15:35:18 IST |
| Madras High Court has observed that speeches criticising the ruling government, its policies and actions or exposing corrupt or illegal actions in the public administration cannot in itself be termed as threat to 'Public order'. |
| CIVIL - MP HC: Can't Send Police Constables to Band Practice Without Written Consent |
| Fri, 09 Aug 2024 15:35:06 IST |
| Madhya Pradesh High Court while allowing plea by police constables against enlisting them in the police band's without their consent, has held that the police constables would not be sent for training and participation in police band if they have not given their written consent. |
| INTELLECTUAL PROPERTY RIGHTS - Del. HC: Cancellation of Nizamuddin Food Outlet's 'Andaaz-E-Nizaam' Trademark Ordered |
| Fri, 09 Aug 2024 15:34:54 IST |
| Delhi High Court, in a trademark infringement case file by an Indian restaurant chain "Nizam's", has directed the cancellation of a trademark registered in favour of a food outlet "Andaaz-e-Nizaam" in Delhi's Nizamuddin area. |
| SERVICE - AP HC: Weightage Marks to be Awarded to Nurses Who Served in COVID-19 Pandemic |
| Fri, 09 Aug 2024 15:34:44 IST |
| Andhra Pradesh High Court has held that weightage marks in recruitment should be awarded to nurses who have given their services during COVID-19 pandemic irrespective of whether they have served in Central or State Government healthcare facilities. |
| ENVIRONMENT - Kerala HC: Suo Motu Case Initiated to Prevent and Manage Natural Disasters |
| Fri, 09 Aug 2024 15:34:31 IST |
| Kerala High Court has initiated a suo motu case regarding prevention and management of natural disasters in Kerala. The suo motu proceedings have been listed with cases related to quarrying and construction activities in Wayanad District. |
| ENVIRONMENT - SC: Authorities Seeking Felling of Trees Should Make Best Attempt to Reduce No. of Trees to be Cut |
| Fri, 09 Aug 2024 11:11:50 IST |
| SC has observed that keeping in view spirit of Article 51A of the Constitution of India and right of citizens to a healthy environment, every public authority seeking permission for felling trees must make best endeavour to reduce the number of trees which are required to be cut for public project. |
| MOTOR VEHICLES - SC: Attempting to Overtake Vehicle Can't be Said to be an Act of Rashness |
| Fri, 09 Aug 2024 11:11:38 IST |
| Supreme Court while deciding an appeal for claim of compensation for accident, under the Motor Vehicles Act, 1988, has observed that merely because a person was attempting to overtake a vehicle, cannot be said to be an act of rashness or negligence. |
| ENVIRONMENT - Supreme Court: National Green Tribunal to Monitor Silicosis Prone Industries |
| Fri, 09 Aug 2024 11:11:27 IST |
| SC has directed NGT to oversee impact of silicosis prone industries and factories across India and ensure that the CPCB comply with the directions of the Court. Further, it directed NGT to undertake any additional necessary steps to prevent the spread of silicosis by such industries and factories. |
| CRIMINAL - SC: Acquittal Upheld in Cheque Dishonour Case for Contradiction in Statements of Complainant |
| Fri, 09 Aug 2024 11:11:14 IST |
| SC has upheld acquittal of an accused in a cheque dishonor case on the ground that there was no financial capacity or acknowledgement in complainant's Income Tax Returns to the effect of having advanced a loan. Further, he was not even able to showcase as to when the said loan was advanced. |
| CIVIL - Supreme Court: Blacklisting Orders Must be Justifiable and Proportionate |
| Fri, 09 Aug 2024 11:11:02 IST |
| SC has held that orders of blacklisting are a drastic remedy and they need to be justifiable and proportionate. It further observed that debarring a person tantamounts to civil death as the person is commercially ostracized resulting in serious consequences for the person and his employees. |
| CRIMINAL - Del. HC: Mandatory to Register FIR When Person Dies in Encounter Alleged to be Fake |
| Fri, 09 Aug 2024 11:10:51 IST |
| Delhi High Court has restated that it is mandatory to register a FIR whenever death of an individual is caused in a police encounter that is alleged to be fake. |
| SERVICE - P&H HC: Work-Week of 5 Days Cannot be Assumed by Government Employees |
| Fri, 09 Aug 2024 11:10:40 IST |
| P&H High Court while disposing of plea by Government employees seeking extra wages for working on Saturdays, has observed that Government employees cannot assume that they will have a work week of 5 days and cannot claim compensation for working on Saturday as a matter of right. |
| TRUSTS AND SOCIETIES - Waqf (Amendment) Bill 2024 Introduced in Lok Sabha Sent to Joint Parliamentary Committee |
| Fri, 09 Aug 2024 11:10:30 IST |
| The Waqf (Amendment) Bill, 2024 introduced in the Lok Sabha on 08.08.2024 in the ongoing Monsoon Session of Parliament, has been referred to a Joint Parliamentary Committee for wider scrutiny. |
| CIVIL - Bombay HC: Constitutional Validity of Regulation Setting Out Qualification to Obtain CoP, Upheld |
| Fri, 09 Aug 2024 11:10:18 IST |
| Bom. HC has upheld constitutional validity of Regulation 10 of Institute of Actuaries of India Regulations, 2017 that sets out the qualification required to obtain a Certificate of Practice to practice as an actuary and noted that Associate Members are not actuaries as per the Actuaries Act, 2006. |
| MEDIA AND COMMUNICATION - Bombay High Court: Judgement Reserved in Kunal Kamra's Petition Challenging IT Amendment Rules, 2023 |
| Fri, 09 Aug 2024 11:10:06 IST |
| Bombay High Court has reserved its judgement in the petition filed by comedian Kunal Kamra challenging the IT Amendment Rules, 2023 that empower the Union Government to establish Fact Checking Units (FCUs) in order to identify fake and misleading information. |
| ARBITRATION - SC: Arbitral Tribunal or Courts Not Permitted to Grant Interest Upon Interest |
| Thu, 08 Aug 2024 15:27:13 IST |
| Supreme Court has held that ordinarily courts are not supposed to grant interest on interest except where it has been specifically provided under the statute or where there is specific stipulation to that effect under the terms and conditions of the contract. |
| CIVIL - Del. HC: PWD Directed to Inspect Conditions of Washroom and Toilets in Jail Complexes |
| Thu, 08 Aug 2024 15:27:01 IST |
| Delhi High Court while dealing with the issue of sanitation in jails, has directed Delhi Government's Public Works Department (PWD) to look into the conditions of washrooms and toilets in jail premises in the capital and appoint adequate staff for cleaning of washrooms and toilets. |
| GOODS AND SERVICES TAX - Andhra Pradesh High Court: Can't Issue Appellate Order Only in Hindi |
| Thu, 08 Aug 2024 15:26:48 IST |
| AP High Court has held that in State of Andhra Pradesh appellate order under Section 107 of CGST Act, 2017 cannot be issued only in Hindi. English copies are to be served and limitation for any party who wants to take action against such order would commence once copies in English served on them. |
| LIMITATION - All. HC: Appeal Filed With 1191 Days Delay, Inquiry Directed Against Erring Officers |
| Thu, 08 Aug 2024 15:26:37 IST |
| Allahabad High Court while hearing an appeal filed after a delay of 1191 days, has directed the Principal Secretary, Medical and Health Services, U.P. to initiate inquiry against erring officials because of whom the appeal was filed with such delay. |
| CRIMINAL - SC: Practice of Courts in Gujarat to Let IO Seek Police Custody While Granting Bail is Illegal |
| Thu, 08 Aug 2024 11:39:32 IST |
| SC has held that the practice prevailing in Gujarat, that IOs are given liberty to seek police custody remand of accused after Court has granted anticipatory bail does not appeal to the Court for a moment. Such an interpretation does not appear to be in consonance with unambiguous position of law. |
| TRUSTS AND SOCIETIES - SC: Challenge to Patna HC Judgement Declaring Vishnupad Temple a Public Trust, Dismissed |
| Thu, 08 Aug 2024 11:39:22 IST |
| SC has held that considering the origin of temple, the right exercised by devotees with regard to worship, nature and extent of gift/contribution made by the public, there is hardly any room for doubt that Vishnupad temple is a religious public trust and not a private property of Gayawals Brahmins. |
| OTHER TAXES - Del. HC: No Mechanism to Assess or Collect Tax on Sponsorships in Entertainment Tax Act |
| Thu, 08 Aug 2024 11:39:12 IST |
| Delhi High Court has observed that imposition of a tax on sponsorship under the Delhi Entertainments and Betting Tax Act, 1996 must fail in the absence of a specific charging provision as the Act does not contain a mechanism for assessing and collecting tax on sponsorships. |
| DIRECT TAXATION - Del. HC: Reassessment on the Basis of New Material Deprives Right of Taxpayer to Object |
| Thu, 08 Aug 2024 11:39:02 IST |
| Delhi High Court has observed that if the ultimate decision to justify initiation of reassessment be based on entirely new or previously undisclosed material or reasoning, it would clearly result in deprivation of a right to effectively object to the proposed action. |
| CRIMINAL - Bom. HC: There is a Rampant Misuse of Section 498A of IPC |
| Thu, 08 Aug 2024 11:38:52 IST |
| Bom. HC while raising concerns regarding misuse of Section 498-A of IPC, 1860, has stated that they do have sympathy for victim of the crime but fact remains that the provision is being misused. There are cases where even bedridden members of the family are also impleaded and have to face trial. |
| CIVIL - Del. HC: A Prompt and Effective Complaint Resolution Mechanism Must be Ensured by Railways |
| Thu, 08 Aug 2024 11:38:42 IST |
| Del. HC has observed that Railways has a moral imperative to showcase prompt response to the concerns of the general public. The ubiquity of Railways as a multifaceted institution carries with itself an underlying responsibility to reinforce public safety and seamless operation of its services. |
| ENVIRONMENT - Ker. HC: Consultation between State and NHAI Required to Find Concrete Solution of Water Logging |
| Thu, 08 Aug 2024 11:38:31 IST |
| Kerala High Court after considering the complaints regarding water logging problem because of construction of a National Highway, has observed that there must be a concrete solution in this regard by the State Government in consultation with the National Highways Authority. |
| MOTOR VEHICLES - Guj. HC: Authorities to Implement Mandatory Requirement of Wearing Helmets by 2 Wheeler Riders |
| Thu, 08 Aug 2024 11:38:21 IST |
| Gujarat High Court while dealing with the issue of traffic congestion in Ahmedabad, has directed the authorities to implement the mandatory requirement of wearing of helmet by two wheeler riders including the pillion rider within a period of 15 days. |
| TRUSTS AND SOCIETIES - Bom. HC: No Power on Cooperative Court to Return Plaint to Approp. Court When it Lacks Jurisdiction |
| Thu, 08 Aug 2024 11:38:07 IST |
| Bombay High Court has observed that there is no provision under the Maharashtra Co-operative Societies Act, 1960 that empowers the Cooperative Court to return the dispute for presentation to the Court having jurisdiction when the Cooperative Court lacks jurisdiction to try the issue under dispute. |
| CIVIL - SC Expresses 'Pain' Over Statement Made by HC Judge While Criticizing Stay Order Passed by SC |
| Wed, 07 Aug 2024 15:44:07 IST |
| Supreme Court after taking suo motu cognizance of the order passed by Punjab & Haryana High Court criticizing the stay order passed by SC, has stated that it is deeply pained by the observations made by the single judge as such observations tend to bring the entire judicial machinery into disrepute. |
| SERVICE - SC: Candidates Not Enrolled in Tel. Bar Council Allowed to Appear for Tel. Civil Judges Exam |
| Wed, 07 Aug 2024 15:43:57 IST |
| SC has temporarily allowed candidates from Andhra Pradesh who are not enrolled in Telangana Bar Council to appear for Telangana Civil Judges Exam and clarified that candidates are permitted to participate in recruitment process subject to such further orders as may be passed in these proceedings. |
| SERVICE - SC: Re-designation from Research Assistant to Assistant Professor Can't be Termed as Regular Appoin. |
| Wed, 07 Aug 2024 15:43:46 IST |
| Supreme Court has held that re-designation of an employee from the post of Research Assistant to Lecturer and subsequently as Assistant Professor cannot be considered as regular appointments in order to extend the benefits of 'Career Advancement Scheme'. |
| LAW OF EVIDENCE - Allahabad High Court: Contradiction in Medical Evidence and Eyewitness Creates Doubt |
| Wed, 07 Aug 2024 15:43:35 IST |
| Allahabad High Court while setting aside the conviction of an accused under Section 304(1) of IPC, 1860 has observed that contradiction in medical evidence on record and the eyewitness account creates doubt on the prosecution's case. |
| CIVIL - SC: Petitions Seeking Fast-Tracking of Hearings in High Court Can't be Entertained |
| Wed, 07 Aug 2024 15:43:25 IST |
| Supreme Court while expressing that it cannot entertain petitions seeking fast-tracking of hearings in High Court, has observed that considering the huge backlog of cases in High Courts, a Supreme Court direction to expedite one particular case could cause disruptions. |
| SERVICE - Rajasthan HC: State Government Granting Bonus Marks is Purely Policy Decision |
| Wed, 07 Aug 2024 15:43:16 IST |
| Raj. HC has held that if State Govt. has chosen not to provide any bonus marks for services, like the post of Medical Officer (Dental), then it cannot be held to be discriminatory simply on the ground that in other recruitment processes, the State Govt. generally provides for grant of bonus marks. |
| CIVIL - SC: To Seek Exemption from Filing CC of Judgement with SLP, Proof of Applying for Copy Must be Shown |
| Wed, 07 Aug 2024 11:41:09 IST |
| SC has held that if any SLP is accompanied by an application for exemption from filing certified copy of impugned judgment/order, such application must have receipt as acknowledgment of an application from the applicant for certified copy of impugned judgment/order and reason for seeking exemption. |
| CIVIL - SC: Suo Motu Cognizance Taken of Unusual Order Passed by P&H High Court |
| Wed, 07 Aug 2024 11:40:57 IST |
| Supreme Court has taken suo motu cognizance of an unusual order passed by the Punjab and Haryana High Court which observed that the Supreme Court has a tendency of to presume that it is more supreme than it actually is. |
| SERVICE - SC: B.Sc (Polymer Chemistry) Degree Can't be Treated Equivalent to B.Sc(Chemistry) for Recruitment |
| Wed, 07 Aug 2024 11:40:44 IST |
| Supreme Court while affirming the judgement of Kerala High Court, has held that for recruitment to the post of High School Teacher for Physical Science, B.Sc (Polymer Chemistry) degree can't be treated equivalent to B.Sc(Chemistry). |
| LIMITATION - SC: 'Cause of Delay' to be Considered While Examining Application for Condonation of Delay |
| Wed, 07 Aug 2024 11:40:28 IST |
| SC has held that while examining the plea for condonation of delay, it is the cause for delay which has been propounded, will have to be examined. If the cause for delay would fall within the four corners of "sufficient cause", irrespective of the length of delay same deserves to be condoned. |
| ENVIRONMENT - Supreme Court: Serious Concern Expressed Over Plastic Pollution in Rivers |
| Wed, 07 Aug 2024 11:37:29 IST |
| Supreme Court has expressed serious concern over plastic pollution in rivers and observed that the dumping of plastic is causing serious environment degradation and also impacting aquatic life in the river banks and the water bodies in the country. |
| CRIMINAL - Ker HC: No Relati. in Nature of Marriage if Couple Lives Together During Subsi. of Previous Marriage |
| Wed, 07 Aug 2024 11:37:16 IST |
| Ker. HC has held that a couple that performed a marriage ceremony during subsistence of their previous marriage cannot be said to be in a relationship in nature of marriage as such parties must be persons qualified to enter into a legal marriage, including being unmarried. |
| CIVIL - Delhi High Court: Registrar General to Decide Plea for Increasing E-Filing Size Limit |
| Wed, 07 Aug 2024 11:36:57 IST |
| Delhi High Court has directed its Registrar General to decide a plea regarding increase in the e-filing size of documents to be filed before the Delhi High Court as well as district courts in the capital. |
| LAW OF MEDICINE - SC Disappointed With the Nature of Apology Extended by Indian Medical Association |
| Tue, 06 Aug 2024 15:40:11 IST |
| Supreme Court while expressing disappointment with the nature of apology extended by Indian Medical Association, has directed the IMA President to publish the apology in all newspapers which carried his interview. |
| MEDIA AND COMMUNICATION - Tel. HC: Denying Accreditation to District, Constituency-Level Journalists is Unjustified |
| Tue, 06 Aug 2024 15:40:00 IST |
| Tel HC while quashing the Schedule that categorizes small newspapers into four tiers for accreditation purposes, has held that depriving the journalists working in small newspapers at the district and constituency levels of the benefit of accreditation is arbitrary and cannot be termed as justified. |
| GOODS AND SERVICES TAX - Mad. HC: Can't Issue Detention Order if Driver in Possession of Valid E-Way Bill |
| Tue, 06 Aug 2024 15:39:46 IST |
| Madras High Court has held that detention order cannot be initiated if an invoice, bill of supply, delivery challan, or bill of entry and a valid e-way bill are available for verification. |
| CIVIL - Bom HC: CPC Doesn't Have Provision to Extend Time for Filing WS Due to Pendency of Misc. Application |
| Tue, 06 Aug 2024 15:39:34 IST |
| Bombay High Court has observed that there is no provision in the Civil Procedure Code, 1908 or any pronouncement of the Court stating that time to file Written Statement can be extended or excluded on filing of a miscellaneous application. |
| LAW OF EVIDENCE - MP HC: Admission of Unauthorised Recordings of Wife's Conversations Declined |
| Tue, 06 Aug 2024 15:39:22 IST |
| Madhya Pradesh High Court while addressing the issue of admissibility of electronic evidence, has observed that unauthorized recordings of wife's conversation in matrimonial disputes for evidence is not allowed as such recording breaches privacy rights. |
| CIVIL - SC: Bombay High Court Verdict Upholding Hijab Ban in College Challenged |
| Tue, 06 Aug 2024 15:39:12 IST |
| A plea challenging verdict of Bombay High Court upholding the ban imposed on the wearing of hijab, nakab, burkha, stole, cap, etc., by students on campus in a private college in Mumai, has been filed in the Supreme Court. |
| CRIMINAL - Bom. HC: Merely Pulling Hair or Pushing Woman During Quarrel Doesn't Outrage Her Modesty |
| Tue, 06 Aug 2024 15:38:59 IST |
| Bombay High Court has held that pulling hair or pushing a woman during a quarrel does not constitute the offence of outraging the modesty of a woman as during a quarrel it is obvious someone will pull hair of the woman or may push her but that cannot qualify as outraging modesty of the woman. |
| CONTRACT - Ker. HC: Writ Court Doesn't Lack Jurisdiction in Disputes Involving a State Entity |
| Tue, 06 Aug 2024 15:38:45 IST |
| Kerala High Court has held that when a State entity under Article 12 of COI enters into a purely contractual relationship with a private party, the Writ Court does not lack jurisdiction to address such disputes. |
| CRIMINAL - Mad. HC: Can't Grant Police Protection to Person Inviting Threat Due to His Criminal Activities |
| Tue, 06 Aug 2024 15:38:33 IST |
| Madras High Court has held that Police protection can be given by Court only in appropriate case based on threat perception. If a person invites a situation by his criminal or anti-social activities, protection merely on the basis of threat perception will be against public morality. |
| CRIMINAL - Ker. HC: Consent on Sexual Relationship to be Decided in Trial If Allegation are Made Out Prima Facie |
| Tue, 06 Aug 2024 15:38:12 IST |
| Kerala High Court while refusing to quash rape proceedings against the accused, has held that in a case where the prosecution allegation are made out prima facie then consent on sexual relationship on misconception of fact on the promise of marriage, is a matter to be decided during evidence. |
| CIVIL - SC: Term of Justice Gita Mittal Committee Extended by Six Months |
| Tue, 06 Aug 2024 11:33:09 IST |
| Supreme Court has extended the term of Justice Gita Mittal Committee for 6 months. The Committee has been constituted by Supreme Court to address the concerns regarding ethnic clashes in Manipur. |
| CIVIL - SC Extends Stay on Direction by UP & UK Govt. to Eateries on Kanwar Route to Display Names |
| Tue, 06 Aug 2024 11:32:58 IST |
| Supreme Court has extended the stay on direction issued by Uttar Pradesh and Uttarakhand governments to eateries along the Kanwariya pilgrim route to display the name of shop owners and the staff hired by them. |
| CIVIL - CJI Launches e-DHCR Portal for Digital Publication of Judgments of Public Importance |
| Tue, 06 Aug 2024 11:32:48 IST |
| Chief Justice of India Justice DY Chandrachud, has launched the e-DHCR portal which has been defined as a user friendly official platform for digital publication of the judgments of Delhi High Court. |
| SERVICE - Raj. HC: Service Rules to Prevail Over Conditions Mentioned Under Advertisement/Notification |
| Tue, 06 Aug 2024 11:32:34 IST |
| Raj HC while granting relief to workers who were terminated as their experience letter was not certified by authority mentioned under advertisement, has held that if rules don't provide for letter to be certified by a particular authority, then condition mentioned in advertisement shall not prevail. |
| DIRECT TAXATION - P&H HC: Construction of Public Library is a Part of Charitable Function |
| Tue, 06 Aug 2024 11:32:23 IST |
| Punjab and Haryana High Court has held that the construction of Public Library would form part of charitable function and any work done with the same purpose has to be noticed for granting exemption under Section 80G of the 1961 Act. |
| GOODS AND SERVICES TAX - Gau. HC: GST Authorities Can't Take Benefit of Notification that is Ultra Vires GST Act |
| Tue, 06 Aug 2024 11:32:10 IST |
| Gauhati High Court has held that a notification which is ultra vires the Central Goods and Service Tax Act, 2017 cannot be used for benefit by State GST Authorities. |
| CONSTITUTION - SC: LG Has Power to Nominate Member to Delhi Municipal Corporation Without Consent of Delhi Govt. |
| Mon, 05 Aug 2024 15:21:18 IST |
| Supreme Court has held that nomination of members to the Municipal Corporation of Delhi can be made by the Lieutenant Governor (LG) of Delhi without the aid and advice of the Delhi Government. |
| CIVIL - Kerala High Court: Not Feasible to Direct Shifting Bio Toilets from Sabarimala to Wayanad |
| Mon, 05 Aug 2024 15:21:08 IST |
| Kerala High Court has held that it is not feasible to temporarily give the bio-toilets placed at various places in the trekking path in Sabarimala to the Relief Camps at Wayanad as there is an anticipation of large number of pilgrims for Chingamasapooja. |
| CRIMINAL - Raj. HC: Bail Denied to Man Who Was Not Mentioned in FIR but Accompanied Accused to Crime Scene |
| Mon, 05 Aug 2024 15:20:56 IST |
| Raj. HC while rejecting the bail application of a man who was not named in FIR but accompanied the accused to the crime scene, has observed that even though the bail applicant did not actively participate in attacking the victim but his involvement in the crime shows the gravity of his role. |
| CONSTITUTION - Rajasthan High Court Issues SOP to Protect Constitutional Rights of Couples |
| Mon, 05 Aug 2024 15:20:45 IST |
| Rajasthan High Court after taking notice of the unnecessary harassment and violence faced by couples by their families and others, has issued a Standard Operating Procedure (SOP) to safeguard the constitutional rights of such couples. |
| EDUCATION - SC: Suo Motu Case Initiated to Probe into Safety Measures Taken by Buildings and Coaching Institutes |
| Mon, 05 Aug 2024 15:20:32 IST |
| SC has initiated Suo Motu case to look into safety measures being undertaken by buildings and coaching institutes in the national capital and stated that coaching institutes can operate online unless there is full compliance of safety norms and basic norms for dignified life of young ones. |
| CRIMINAL - Delhi High Court: Chief Minister Arvind Kejriwal's Arrest by CBI, Upheld |
| Mon, 05 Aug 2024 15:20:21 IST |
| Delhi High Court while dismissing Chief Minister of Delhi Arvind Kejriwal's plea against his arrest by Central Bureau of Investigation (CBI) in the liquor policy case, has stated that it cannot be said that the arrest was illegal. |
| BANKING - Supreme Court: Debt Recovery Tribunal to be Established in Jammu and Kashmir |
| Mon, 05 Aug 2024 11:11:51 IST |
| Supreme Court while hearing a plea against the Jammu and Kashmir and Ladakh High Court's decision to allow challenges to actions under the SARFAESI Act to be made before the High Court, has observed that there is a need of establishing local Debt Recovery Tribunals (DRTs) in Jammu and Kashmir. |
| PROPERTY - SC: Rights of State as Lessor Can Only be Sold by Public Auction or Other Transparent Method |
| Mon, 05 Aug 2024 11:11:38 IST |
| SC has held that rights of the State as lessor can only be sold by a public auction or by any other transparent method by which, apart from the lessee, others too get a right to submit their offer. Selling the plot to its lessee at a nominal price will not be a fair and a transparent method. |
| SERVICE - SC: Relief Granted to UPSC Aspirant Who Missed His Re-Medical Test in 2014 |
| Mon, 05 Aug 2024 11:11:27 IST |
| SC has granted relief to a UPSC aspirant who missed his re-medical test, by invoking its plenary jurisdiction under Article 142 of COI in order to do complete justice with the aspirant and also clarified that this decision shall not be treated as a precedent as this is an exceptional case. |
| SERVICE - All. HC: Cheating in Government Exams Undermines Principles of Meritocracy and Equal Opportunities |
| Mon, 05 Aug 2024 11:11:15 IST |
| All. HC has held that cheating in government exams undermines principles of meritocracy and equal opportunities, which are essential for ensuring fairness in society. Such acts must be dealt with stern hand, as their effects are not limited to an individual but impact society as a whole. |
| LABOUR AND INDUSTRIAL - MP HC: Govt. to Convene Meetings for Classification of Min. Wages According to Region & Industry |
| Mon, 05 Aug 2024 11:11:00 IST |
| Madhya Pradesh High Court has directed the State Government to convene meetings with all stakeholders to consider classification of minimum wages region-wise and industry-wise and directed to complete the exercise within a period of two months. |
| CIVIL - Ker HC: Defamation Case Quashed Against Media Persons for Discussing Book about Mata Amritanandamayi |
| Mon, 05 Aug 2024 11:10:46 IST |
| Ker HC has quashed defamation case against media persons for discussing a book about Mata Amritanandamayi and her Math in a show. The Court observed that it is only a fair and honest discussion of the book's contents. If that is prohibited, it will infringe the freedom of speech available to media. |
| LIMITATION - Ker. HC: Untimely Death of Husband Sufficient Ground to Condone Delay |
| Sat, 03 Aug 2024 15:02:24 IST |
| Kerala High Court has held that for seeking condonation of delay in filing an application under Section 394 of Code of Criminal Procedure, 1973, untimely death of husband is sufficient reason to justify such delay. |
| CRIMINAL - Kerala HC: Cannot Rely on Settlement Affidavit to Quash Rape Case |
| Sat, 03 Aug 2024 15:02:13 IST |
| Kerala High Court has held that whether the relationship between parties is consensual, is a matter to be decided during evidence and an offence like rape cannot be quashed on the basis of a settlement affidavit. |
| CRIMINAL - MP HC: Merely Because Wife is Educated, She Cannot be Denied Maintenance |
| Sat, 03 Aug 2024 15:02:03 IST |
| Madhya Pradesh High Court while hearing a plea regarding maintenance awarded to wife, has held that a mere ground that the wife is educated, cannot be a ground not to award any maintenance amount to her. |
| CIVIL - Bom. HC: Courts Cannot Assess If a Dog is Aggressive or Not and What Makes it Aggressive |
| Sat, 03 Aug 2024 15:01:52 IST |
| Bombay High Court while directing BMC to constitute an Animal Welfare Committee for a society in Mumbai in order to deal with the issue of stray dogs, has observed that Court cannot assess if a dog is aggressive or not and what makes it aggressive. It is for the expert committee to decide. |
| LAND ACQUISITION - Bom. HC: Unpaid Compensation for 36 Years is Violative of Constitutional & Human Rights |
| Sat, 03 Aug 2024 15:01:41 IST |
| Bombay High Court has held that failure of authorities to pay compensation to individual whose land was acquired, even after 36 years of acquisition constitutes violation of that individual's Constitutional and Human Rights. |
| SERVICE - SC: Dismissal of Employees Given Compassionate Appointment on Forged Documents, Approved |
| Sat, 03 Aug 2024 11:39:30 IST |
| Supreme Court has upheld the dismissal of employees who were given compassionate appointment on the basis of forged documents and expressed displeasure over the inactions of Railways in appointing the employees based on questionable documentation. |
| COMPANY - SC: Directors Can't be Vicariously Liable for Offence of Company Unless their Involvement Shown |
| Sat, 03 Aug 2024 11:39:19 IST |
| Supreme Court has held that directors of a company cannot be made vicariously liable for offence committed by the company under the National Housing Bank Act, 1987 unless specific averments that the directors were responsible for the business of the company at the time of the offence, are made. |
| SALES TAX/VAT - Supreme Court: Definition of 'Purchase Price' Doesn't Include Value Added Tax |
| Sat, 03 Aug 2024 11:39:08 IST |
| SC has held that purchase price would be the amount of valuable consideration paid or payable for any purchase which would include amount of duties. The intention of legislature was to exclude VAT from ambit of purchase price as the same is not found in categories of enumerated tax/duties. |
| CRIMINAL - SC: Bail Condition that Husband Should Fulfill Physical & Financial Requirements of Wife, Set Aside |
| Sat, 03 Aug 2024 11:38:58 IST |
| SC has set aside the condition set by HC while granting bail to a husband in a cruelty case, which required the husband to fulfill all physical and financial requirement of the wife, and stated that courts have to be very cautious in imposing conditions while granting bail. |
| CIVIL - SC Refuses PIL to Direct Union and States to Take Action Against Superstition and Sorcery Practices |
| Sat, 03 Aug 2024 11:38:48 IST |
| SC has refused to entertain a Public Interest Litigation seeking direction upon the Union and States to take action against practices of sorcery and superstition in the country. The Court observed that to control these practices it is important to educate citizens and develop a 'scientific temper'. |
| CIVIL - Bom. HC: Mental Health of Prisoners Needs to be Taken Care of |
| Sat, 03 Aug 2024 11:38:38 IST |
| Bombay High Court while hearing a plea on suicide of a death row convict, has directed Maharashtra Government to file affidavit that contains instructions ensuring that mental health of the prisoners does not deteriorate while they are in jail. |
| TRUSTS AND SOCIETIES - Cal. HC: Without Prior Sanction of Waqf Board, Mutthwali Cannot Enter into Lease of Waqf Property |
| Sat, 03 Aug 2024 11:38:28 IST |
| Calcutta High Court has held that the property concerned is a Waqf property and as has been held that once a Waqf it is always a Waqf and as on date without the prior sanction of the Waqf Board the Mutthwali can never enter into lease of the Waqf property. |
| CRIMINAL - Del. HC: CBI Directed to Probe into Death of Civil Services Aspirants in Coaching Centre |
| Sat, 03 Aug 2024 11:38:16 IST |
| Del. HC has directed CBI to probe into the death of three civil services aspirants that occurred due to drowning in an IAS coaching centre basement and observed that such a direction has to be passed considering the seriousness of incident and that it may involve corruption by public servants. |
| ARBITRATION - Del. HC: Arbitral Tribunal Awarding Damages for Loss of Profit is Illegal if it Contradicts Contract |
| Fri, 02 Aug 2024 15:10:13 IST |
| Delhi High Court has held that if the Arbitral Tribunal decides to award damages for loss of profit, such decision shall be vitiated by patent illegality if it is in contradiction with the express terms of the contract. |
| EDUCATION - SC: Flip-Flops Like the Ones in NEET-UG Should be Avoided by NTA |
| Fri, 02 Aug 2024 15:10:03 IST |
| Supreme Court has stated that NTA must now avoid the flip flops which it has made in NEET-UG exam. These flip-flops in the NTA do not serve the interest of the students. |
| SERVICE - MP HC: Police Officers Have to Follow Direction of Joining Music Band Practice |
| Fri, 02 Aug 2024 15:09:52 IST |
| Madhya Pradesh High Court while hearing a matter where police constables were suspended for refusing to join Police Department's music band, has asked three suspended constables to immediately sign up for band training. |
| CONSTITUTION - MP HC: Relocation of Liquor Shop Doesn't Violate Shop Owner's Right to Trade |
| Fri, 02 Aug 2024 15:09:41 IST |
| Madhya Pradesh High Court has held that license to run a liquor shop is not a business but it is a privilege conferred by the State and an order regarding relocation of a liquor shop is not violative of right to trade under Article 19(1)(g) of the Constitution of India. |
| EDUCATION - Raj. HC: 'Zero Tolerance Policy' Called Against Unqualified Proxy Teachers in Govt. Schools |
| Fri, 02 Aug 2024 15:09:30 IST |
| Rajasthan High Court has directed Rajasthan Government to launch a campaign of zero tolerance policy against proxy teachers being illegally appointed by government employed teachers. Interim directions with regard to implementation of the policy have been issued. |
| ADMINISTRATIVE - Guj. HC: Right of Institution to Administer Has to be Balanced With Basic Principles of Selection |
| Fri, 02 Aug 2024 11:27:37 IST |
| Gujarat High Court has held that in matters of public employment in minority institutions, there should be a balance between right of the institution to administer and the basic principles of selection in such public employment. |
| CIVIL - SC: Can't View Slum Rehabilitation Scheme as Real Estate Development Project |
| Fri, 02 Aug 2024 11:27:27 IST |
| Supreme Court has held that Slum Rehabilitation Scheme cannot be treated as a real estate development project since there is a public purpose involved, and that is inextricably connected to the right to life of some of our brothers and sister citizens who are living in pathetic conditions. |
| CRIMINAL - SC: Delhi High Court Criticized for Rules on "Practice in the Trial of Criminal Cases" |
| Fri, 02 Aug 2024 11:27:16 IST |
| Supreme Court has criticized Delhi High Court for rules on practice in the trial of criminal cases and observed that teaching judges, guiding them in judicial academy is different from writing down what should be done and what should not be done and such directions cannot be passed in judicial side. |
| FAMILY - Del. HC: Maintenance to be Given to Major Child Till He Does Not Become Financially Independent |
| Fri, 02 Aug 2024 11:27:04 IST |
| Delhi High Court has held that a child who is pursuing his education would be entitled to maintenance under Section 26 of the Hindu Marriage Act, 1955 even after he attains the age of majority, till the time he is pursuing his education and is not financially independent. |
| DIRECT TAXATION - Del. HC: ITAT's Direction to Re-examine Issue by Referring to CBDT's Circular Can't be Disregarded |
| Fri, 02 Aug 2024 11:26:50 IST |
| Delhi High Court has held that Income Tax Appellate Tribunal's (ITAT) direction to re-examine the issue by referring to the circular issued by the Central Board of Direct Taxes (CBDT) cannot be disregarded by the Assessing Officer. |
| EDUCATION - Ker. HC: Decision to Make 25 Saturdays Working in Academic Year, Quashed |
| Fri, 02 Aug 2024 11:26:39 IST |
| Kerala High Court while quashing the decision of Director of General Education for making 25 Saturdays working in an academic year, has observed that the decision of having a six day working week was taken without due consideration to mental health of students. |
| CIVIL - Bom. HC: Refugee Who Overstayed Asked to Move to Pakistan or Gulf Countries |
| Fri, 02 Aug 2024 11:26:27 IST |
| Bombay High Court while hearing a plea by a Yemen National, who was facing a Leave India Notice and was contesting the same, has asked him to either move to Pakistan or any gulf countries and not to take advantage of India's liberal attitude. |
| SERVICE TAX - Karnataka HC: University Liable to Pay Service Tax on Income from Rentals |
| Fri, 02 Aug 2024 11:26:16 IST |
| Karnataka High Court has held that if a university earns income from rentals of buildings leased or licensed for banking facilities, it is liable to pay service tax on such income. |
| CONSTITUTION - Madras HC: Benefit of RTE Act to Extend from Kindergarten to 8th Standard, Irrespective of Age |
| Fri, 02 Aug 2024 11:26:04 IST |
| Mad. HC has held that extent of school's responsibility for free and compulsory education, coming under Chapter IV, implies that the benefit of the RTE Act is to extend to education from kindergarten to 8th standard. It is thus this stipulation that would apply, irrespective of the age of the child. |
| CONSTITUTION - Supreme Court: Sub-Classification of SCs/STs by States is Permissible |
| Thu, 01 Aug 2024 15:25:27 IST |
| Supreme Court while overruling the judgement of EV Chinnaiah v. State of Andhra Pradesh (MANU/SC/0960/2004; 2004 INSC 644), has upheld the power of the States to sub-classify reserved category, that is the SCs and STs , into different groups based on their backwardness, for benefits of reservation. |
| CYBER LAWS - Del. HC: SCRB & NIC Directed to Finalize Technical Solution to Sync ICJS System With Police Database |
| Thu, 01 Aug 2024 15:25:15 IST |
| Delhi High Court has directed State Crime Record Bureau (SCRB) and National Informatics Centre (NIC) to finalize the technical solution to sync the Inter-operable Criminal Justice System (ICJS) system with the criminal database of the Police. |
| CRIMINAL - MP HC: Manner of Investigation or Choice of Agency Cannot be Dictated by Accused |
| Thu, 01 Aug 2024 15:25:03 IST |
| Madhya Pradesh High Court has held that accused has no right to seek investigation in a particular manner or by a specific investigating agency and Court's supervision over the investigation is limited to ensure proper progress and to maintain public confidence. |
| LAW OF EVIDENCE - Ker. HC: Mode of Examination u/s 33(2) of POCSO Act to be Applicable Even if Victim Attains Majority |
| Thu, 01 Aug 2024 15:24:53 IST |
| Kerala HC has held that the protection u/s 33(2) of POCSO Act will continue to remain for the victim, regardless of whether he or she attains the age of majority. Thus, the mode of examination contemplated u/s 33(2) of the Act is to be applied notwithstanding the victim crossing the age of eighteen. |
| SERVICE - MP HC: Compassionate Appointment Can be Provided by Pvt. Institutions but without State's Aid |
| Thu, 01 Aug 2024 15:24:43 IST |
| Madhya Pradesh High Court has held that private institutions can provide compassionate appointment to individuals but it must be done without the expectation of state-funded salary support. |
| CONSTITUTION - Ker. HC: Court Can Exercise Jurisdiction Over Courts & Tribunals Within its Territorial Jurisdiction |
| Thu, 01 Aug 2024 15:24:33 IST |
| Ker. HC has held that this Court can exercise jurisdiction under Article 227 only over those courts and tribunals situated within its territorial limits. Hence, over the NCDRC, falling within the territorial jurisdiction of the Del. HC this Court has no supervisory jurisdiction under Article 227. |
| SERVICE - Cal. HC: Engagement on 'Sensitive Posts' on Contractual Basis Creates Difficulty |
| Thu, 01 Aug 2024 15:24:22 IST |
| Calcutta High Court has held that the posts of 'Stenographer', 'Bench Clerk' are very sensitive post for functioning of District Judiciary. Engagement on contractual basis in such sensitive post is likely to create more difficulties than aiding in smooth functioning of the District Judiciary. |
| CONSTITUTION - Del. HC: In Habeas Corpus Plea, UIDAI Can be Directed to Provide Data About Missing Persons |
| Thu, 01 Aug 2024 15:24:10 IST |
| Delhi High Court has stated that UIDAI can be directed by the High Court dealing with the Habeas Corpus petition, in exceptional cases, to disclose the data to the Court in a sealed cover, even without being afforded a prior hearing. |
| CIVIL - Supreme Court: Performance Audit of Maharashtra Slum Areas Act, Directed |
| Thu, 01 Aug 2024 11:27:14 IST |
| SC while suggesting audit of Maharashtra Slum Areas Act, 1971 has stated that reviewing and assessing implementation of statute is an integral part of Rule of Law. It is in recognition of this obligation that constitutional courts have directed governments to carry performance audit of statutes. |
| ADMINISTRATIVE - SC: Directions Issued for Better Administration of Gokarna Temple Committee |
| Thu, 01 Aug 2024 11:27:03 IST |
| Supreme Court has issued directions for better administration of the oversight committee of the Gokarna -Mahabaleshwar temple that is headed by Retired Justice BN Srikrishna. |
| GOODS AND SERVICES TAX - Centre Issues Notification for Constitution of GST Appellate Tribunals |
| Thu, 01 Aug 2024 11:26:47 IST |
| The Central Government has notified constitution of Goods and Services Tax Appellate Tribunals (GSTAT) across the country. The notification shall be effective from 1st September, 2023 and shall supersede the previous notification regarding GST Appellate Tribunals. |
| CIVIL - Delhi High Court: Delhi Government Slammed for Freebie Policies |
| Thu, 01 Aug 2024 11:26:34 IST |
| Del HC while hearing a PIL for constitution of a Committee to probe the death of three civil services aspirants, slammed Delhi Govt. for their freebie policies and stated that because of this culture, government does not have any money to work on infrastructure especially the city's drainage system. |
| CRIMINAL - Bombay High Court Quashes Rape Case Against 73 Year Old Man |
| Thu, 01 Aug 2024 11:26:23 IST |
| Bom. HC has quashed a rape case against a 73-year-old man for allegedly raping victim for 31 years. Court stated that FIR clearly indicates consensual relationship. The parties were indulging in sexual relationship for 31 years & complainant never said a word about her objection to the relationship. |
| MOTOR VEHICLES - Bom. HC: Upon Person's Accidental Death, Parents Living Separately Can Claim Compensation |
| Thu, 01 Aug 2024 11:26:14 IST |
| Bombay High Court has held that if a person dies in a road accident, the parents of such person shall be entitled to claim compensation irrespective of the fact that they are residing separately or at their native place. |
| ENVIRONMENT - Karnataka High Court: 'Once a Forest, Always a Forest' Should Operate as Thumb Rule |
| Thu, 01 Aug 2024 11:26:05 IST |
| Kar. HC while setting aside Trial Court's order declaring private persons to be owners of a land, has observed that 'once a forest, always a forest' should operate as Thumb Rule, in days when forests are fast depleting with unprecedented acceleration because of population growth & allied factors. |
| CIVIL - Delhi HC: PIL for Dual Citizenship for Indian Diaspora, Refused |
| Thu, 01 Aug 2024 11:25:54 IST |
| Delhi High Court has refused a Public Interest Litigation (PIL) that sought grant of dual citizenship for Indian diaspora. The Court observed that the issue can only be decided by the Parliament and the Court cannot decide or pass directions on it. |
| CONSTITUTION - Uttarakhand HC Expunges Remark on Mandatory Registration for Live-in couples |
| Thu, 01 Aug 2024 11:25:44 IST |
| Uttarakhand High Court expunged its order asking a couple to register their relationship under the Uniform Civil Code, Uttarakhand, 2024, within 48 hours after the State's counsel submitted that the Act has not yet come into force. |
| LABOUR & INDUSTRIAL - SC: In Complaint u/s 29 of ID Act Specific Averment Regarding Settlement to be Made |
| Wed, 31 Jul 2024 15:33:37 IST |
| Supreme Court has held that in the complaint alleging commission of offence punishable under section 29 of ID Act, 1947, there has to be a specific averment regarding settlement or award, which is binding on the accused under the ID Act, 1947, which has been breached. |
| LAW OF MEDICINE - SC: Challenge to Surrogacy Age Limit Can't be Decided Without Considering Facts of Each Case |
| Wed, 31 Jul 2024 15:33:26 IST |
| Supreme Court while hearing pleas regarding challenge to provisions of Surrogacy (Regulation) Act, 2021 and the Surrogacy (Regulation) Rules, 2022, has clarified that decisions about age limit in matters of surrogacy cannot be decided without considering facts of each case. |
| TRUSTS AND SOCIETIES - Kerala HC: Directions Issued to Ensure Safety of Pilgrims During Karkidakavavu Festival |
| Wed, 31 Jul 2024 15:33:15 IST |
| Kerala High Court has issued directions to the police and district authorities to ensure safety of pilgrims during the Balitharpanam and Karkidakavavu rituals conducted during Karkidakavavu festival. |
| EDUCATION - All. HC: District Inspector of Schools Can't Interfere With Seniority List Issued by Institution |
| Wed, 31 Jul 2024 15:33:05 IST |
| All. High Court has held that the District Inspector of Schools has no authority under provisions of regulations framed under the U.P. Intermediate Education Act, 1921 or under any other statutory provision to interfere with the seniority list issued by the committee of management of the college. |
| ARBITRATION - Mad. HC: If Parties are in Agreement, Formal Contract Signature by Other Party Not Necessary |
| Wed, 31 Jul 2024 15:32:52 IST |
| Madras High Court has held that if it is proved that parties are in agreement, a formal contract signature by other party is not necessary in order to enforce the arbitration agreement. |
| SERVICE - SC: Centre Directed to fix Anomalies in Pension Payable Under One Rank One Pension Scheme |
| Wed, 31 Jul 2024 11:09:52 IST |
| SC has directed Central Government to fix irregularity that are related to pensions payable to regular captains on implementation of One Rank One Pension Scheme and stated that in case decision is not taken, appropriate orders with regard to enhancement of pension for regular captain will be passed. |
| CONSUMER - SC: Min. of Consumer Affairs Shouldn't Wait for Complaints to Take Action Against Misleading Ads |
| Wed, 31 Jul 2024 11:09:39 IST |
| SC while hearing the case related to misleading ads by Patanjali, has observed that action by Ministry of Consumer Affairs against misleading advertisements was only taken when there were complaints but the fact that there is no complaint, does not mean that the Ministry should not take any action. |
| OTHER TAXES - SC: Can't Levy Entertainment Tax on Internet Service Provided by Cinema Owner |
| Wed, 31 Jul 2024 11:09:29 IST |
| Supreme Court has held that the internet service provided by cinema owner under the Tamil Nadu Entertainment Tax Act, 1939 cannot be charged with entertainment tax. |
| CRIMINAL - SC: Rigours of Section 45 of PMLA Can Be Relaxed in Peculiar Facts and Circumstances |
| Wed, 31 Jul 2024 11:09:18 IST |
| SC while granting bail to an accused under PMLA, has held that taking into consideration the period spent by accused in custody and that there is no likelihood of conclusion of trial within a short span, it seems that rigours of Section 45 of PMLA can be relaxed in peculiar facts and circumstances. |
| FAMILY - MP HC: Maintenance Obligations Towards Wife Cannot be Escaped by Husband Due to Temporary Disability |
| Wed, 31 Jul 2024 11:09:04 IST |
| Madhya Pradesh High Court while upholding a maintenance order, has held that husband's temporary disability does not absolve him of his matrimonial obligations towards the wife under Section 125 of Code of Criminal Procedure, 1973. |
| CIVIL - Bom. HC: Proactive Measures Required to Curb Menace of Illegal Hawkers |
| Wed, 31 Jul 2024 11:08:51 IST |
| Bombay High Court while asking the Maharashtra Government to take proactive measures to overcome the problem of illegal hawkers, has observed that no one must 'suffer' be it citizens, authorised hawkers or even unauthorised hawkers. |
| CIVIL - SC: State Bar Councils and BCI Cannot Charge More than the Specified Amount as Enrollment Fee |
| Tue, 30 Jul 2024 15:11:33 IST |
| Supreme Court has held that the State Bar Councils and the Bar Council of India cannot charge more than the amount specified under Section 24(1)(f) of the Advocates Act, 1961 for enrollment. |
| CONSTITUTION - Telangana HC: Right of Shia Women to Conduct Prayers in Ibadat Khana, Upheld |
| Tue, 30 Jul 2024 15:11:22 IST |
| Telangana High Court has held that women belonging to the Akbhari Sect of Shia Muslims have a right to conduct religious activities in the Ibadat Khana located in Darulshifa, Hyderabad. |
| CRIMINAL - Allahabad HC: Accused Acquitted for Major Contradictions in Statements of Eyewitness |
| Tue, 30 Jul 2024 15:11:12 IST |
| Allahabad High Court has acquitted three accused who were sentenced to life imprisonment for committing the offence of murder on the ground that there were serious and major contradictions and omissions not only in the statement of eyewitnesses but in the statement of police witnesses. |
| CIVIL - Jh. HC: Provisions to File Written Statements Within 90 Periods is Directory Not Mandatory |
| Tue, 30 Jul 2024 15:11:01 IST |
| Jh. HC has observed that in Order VIII Rule 1 r/w S. 151 of C.P.C. time prescribed for filing WS from date of service of notice is 30 days. Further, 60 days' time may be extended by trial court and clarified that provision to file WS within maximum period of 90 days is directory not mandatory. |
| LAW OF EVIDENCE - Jh. HC: Unless Execution of Sale Deed is Proved, Exhibit on the Same Cannot be Marked |
| Tue, 30 Jul 2024 15:10:50 IST |
| Jh. HC has observed that sale deed is private document though after registration in the office of Registrar it becomes public document. But unless and until execution of sale deed is proved by witnesses of the sale deed or the parties to the sale deed the exhibit on the same cannot be marked. |
| CRIMINAL - SC: Once Special Court has Taken Cognizance of Complaint, ED Cannot Arrest Accused u/s 19 of PMLA |
| Tue, 30 Jul 2024 11:31:33 IST |
| SC while granting bail to an accused in a complaint of money laundering filed by the ED, has observed that after the special court has taken cognizance of a complaint, ED cannot arrest an accused under Section 19 of Prevention of Money Laundering Act, 2002. |
| CIVIL - Supreme Court: Week Long Special Lok Adalat Commences |
| Tue, 30 Jul 2024 11:31:21 IST |
| A Special Lok Adalat has commenced in Supreme Court from 29th of July to the 3rd of August 2024, with the aim of facilitating amicable settlements of suitable pending cases. |
| CIVIL - Del. HC: Baba Ramdev Directed to Remove Statements Blaming Allopathy for Deaths in Covid-19 |
| Tue, 30 Jul 2024 11:31:09 IST |
| Delhi High Court has directed Baba Ramdev and Acharya Balakrishna to remove statements made by them from social media platforms, internet and all websites, claiming that allopathy was responsible for causing deaths of people during Covid-19. |
| INTELLECTUAL PROPERTY RIGHTS - Bom. HC: 4 Crore Cost Imposed on Patanjali In Trademark Infringement Case |
| Tue, 30 Jul 2024 11:30:58 IST |
| Bombay High Court has imposed cost of Rs. 4 Crore on Patanjali Ayurved Ltd. for violation of ad-interim order of the Court in relation to a trademark infringement case filed by Mangalam Organics Ltd. |
| SERVICE - Kar. HC: Exoneration in Departmental Enquiry Will Not Come in Way of Criminal Trial Against a Person |
| Tue, 30 Jul 2024 11:30:47 IST |
| Karnataka High Court has held that if an employee accused of accepting and demanding bride is exonerated in a departmental enquiry, it shall not come in the way of continuation of criminal proceeding against him and he will have to come out clean in the trial. |
| CRIMINAL - Supreme Court: Bail Granted to Jharkhand Chief Minister Hemant Soren, Upheld |
| Mon, 29 Jul 2024 15:19:08 IST |
| Supreme Court has dismissed plea filed by Enforcement Directorate challenging the Jharkhand High Court's order granting bail to Jharkhand Chief Minister Hemant Soren in a money laundering case and opined that a very well-reasoned judgment has been rendered by the Learned Judge while granting bail. |
| CONSTITUTION - Interim Relief of Stay Refused by SC in HC Judgement Nullifying Bihar's 65% Quota Law |
| Mon, 29 Jul 2024 15:18:57 IST |
| Supreme Court refused to grant interim relief of stay in the judgement passed by Patna High Court that nullified the Bihar Amendment Laws increasing reservation for Backward Classes, Scheduled Tribes(STs), Scheduled Castes(SC) and Extremely Backward Classes to 65% from 50%. |
| EDUCATION - MP HC: Revaluation of Answer Sheet Cannot be Permitted in Absence of Express Provision |
| Mon, 29 Jul 2024 15:18:46 IST |
| Madhya Pradesh High Court while dismissing a writ petition seeking revaluation of a student's answer sheet, has reaffirmed that revaluation cannot be made mandatory in absence of a specific provision. |
| LAW OF MEDICINE - MP HC: Minor Rape Victim Allowed to Terminate Pregnancy of 28 Weeks |
| Mon, 29 Jul 2024 15:18:34 IST |
| Madhya Pradesh High Court has allowed a minor rape victim to terminate 28 weeks pregnancy and observed that conscious decision has been taken by the guardian of the minor as also the minor girl to proceed further with the termination of pregnancy. |
| CIVIL - MP HC: Licencing Authority May Cancel Arm's License if there is Threat to Safety and Peace |
| Mon, 29 Jul 2024 15:18:20 IST |
| Madhya Pradesh High Court has clarified that if there is satisfaction on the part of licensing authority that a person is involved in a criminal activity and there is a threat to the public safety and public peace, arms license of such person may be cancelled. |
| CRIMINAL - MP HC: Police Investigations Cannot be Supervised by Courts |
| Mon, 29 Jul 2024 15:18:09 IST |
| Madhya Pradesh High Court has held that Courts cannot supervise the investigation and giving a direction to arrest the accused and file the charge sheet would certainly amount to supervising the investigation. |
| SERVICE - SC: Employees Can Only Claim Pension if Permissible Under Relevant Rules |
| Mon, 29 Jul 2024 11:35:27 IST |
| SC has held that pension can be claimed only when it is permissible under the relevant rules or a scheme. If an employee is covered under the PF Scheme and is not holding a pensionable post, he cannot claim pension, nor can the writ court issue mandamus directing the employer to provide pension. |
| CRIMINAL - Calcutta High Court: Under Section 354A IPC, Only Men Can be Prosecuted |
| Mon, 29 Jul 2024 11:35:15 IST |
| Calcutta High Court has held that, it can be safely accepted that a female cannot be an accused under Section 354A of the IPC, 1860 as is evident from very terminology as used in the said enactment. This offence is gender specific and only a male can be prosecuted under this offence. |
| ENVIRONMENT - SC: To Combat Vehicular Pollution, Remote Sensing Technology Can be Used |
| Mon, 29 Jul 2024 11:35:04 IST |
| Supreme Court has suggested the usage of remote sensing technology within the National Capital Region in order to tackle the vehicular pollution and also directed the Centre to take decision on this issue within two months. |
| SERVICE - SC: Challenge to Requirement of 70% LL.B Marks for MP Judicial Exams, Dismissed |
| Mon, 29 Jul 2024 11:34:52 IST |
| Supreme Court has dismissed a petition challenging requirement of 70% marks in LL.B for eligibility to the entry level post of Madhya Pradesh Judicial Services and stated that eligibility rules ensure that better people join the judiciary. |
| EDUCATION - Mad. HC: Usage of Term "Tribal" Along With Name of the Government School Is Unwarranted |
| Mon, 29 Jul 2024 11:34:41 IST |
| Mad. HC has held that usage of term "Tribal" along with name of Government School is unwarranted. Such usage, undoubtedly would result in stigmatising children studying in Schools. They will get the feeling that they are studying in a "Tribal School" and not in a School on par with other children. |
| CRIMINAL - Allahabad High Court: Gangsters Act Not Being Invoked With Due Procedure |
| Mon, 29 Jul 2024 11:34:31 IST |
| All. HC while emphasizing on prohibition of harassment & oppression of innocent individuals, has observed that in many cases it is found that competent authorities were not following due procedure prescribed by U.P. Gangsters & Antisocial Activities (Prevention) Rules, 2021 in preparing gang chart. |
| CIVIL - Cal HC: Restraint Imposed on WB CM Mamata Bannerjee from Making Statements Against Governer, Lifted |
| Mon, 29 Jul 2024 11:34:20 IST |
| Calcutta High Court has lifted the restraint imposed on West Bengal Chief Minister Mamata Banerjee from making statements against the Governor CV Ananda Bose and observed that she has all the rights to make statements against the Governor till the time they are not defamatory in nature. |
| CIVIL - SC Approves Requirement for Judicial Officers to be Converse With Local Language |
| Fri, 26 Jul 2024 15:49:55 IST |
| Supreme Court has approved the condition imposed by Public Service Commissions requiring the individuals seeking appointment as judicial officers to be conversant with the local language. |
| PROPERTY - SC: Partition of Property Can't be Done by Metes & Bounds in Chandigarh |
| Fri, 26 Jul 2024 15:49:44 IST |
| Supreme Court has restated that, due to the Chandigarh (Sale of Sites and Buildings) Rules, 1960 property cannot be partitioned by metes and bounds in Chandigarh and the only solution in a partition suit is sale by way of auction. |
| PROPERTY - Gujarat High Court: Wife Allowed to Become Guardian & Manager of Husband in Coma |
| Fri, 26 Jul 2024 15:49:33 IST |
| Gujarat High Court has allowed a woman to become guardian of her husband who is in a state of coma and has also allowed her to be the manager of the movable and immovable properties belonging to the husband. |
| SERVICE - Del. HC: Denying Seat to Candidate Due to Administrative Fault Would be Unjust |
| Fri, 26 Jul 2024 15:49:23 IST |
| Del. HC has observed that a MD seat denied to a candidate due to administrative inefficiency would be unjust and contrary to principles of fair competition and merit- based selection and the Courts must ensure that a meritorious candidate does not suffer injustice due to no fault of his or her own. |
| CRIMINAL - Ker. HC: Settlement of Cases Including Offence of Rape & POCSO Act Offences is Not Permissible |
| Fri, 26 Jul 2024 15:49:11 IST |
| Ker. HC has held that settlement of cases including offence of rape and POCSO Act offences is not permissible under law. However, if accused marries the victim and both of them live happily there would be no necessity to continue criminal proceedings so as to retain them in hazards of litigation. |
| LAW OF EVIDENCE - MP HC: Party Required to Lay Factual Foundation for Getting Benefit of Section 65 of Evidence Act |
| Fri, 26 Jul 2024 15:48:59 IST |
| Madhya Pradesh High Court has observed that it is well settled principle of law that when a photocopy of the document is produced, then in order to get the benefit of Section 65 of the Indian Evidence Act, the party concerned is required to lay a factual foundation for giving the secondary evidence. |
| SERVICE - Raj. HC: In Absence of Statutory Rules, Denying Appt. on Basis of Minimum Height is Discriminatory |
| Fri, 26 Jul 2024 15:48:48 IST |
| Raj. HC while granting relief to a woman seeking appointment at post of geologist, has held that since statutory rules framed regarding recruitment in Mines and Geology Service do not prescribe any minimum height for candidates, denying appointment to candidate on basis of height is discriminatory. |
| CRIMINAL - All. HC: Not Mandatory for Passport Authority to Impound Passport of Accused Persons |
| Fri, 26 Jul 2024 15:48:36 IST |
| All. HC has held that legislature u/s 10 (3)(e) of Passports Act, 1967 had deliberately used word 'may' meaning that passport officer by recording reasons can impound passport but it is not necessary that in every case falling u/s 3, passport officer is mandatorily required to impound passport. |
| CRIMINAL - Kerala High Court: Denial of Ordinary Leave Reduces Convict's Chances of Rehabilitation |
| Fri, 26 Jul 2024 15:48:25 IST |
| Kerala High Court has observed that denying ordinary leave to convicts for long years can have detrimental effect on the prisoner's reformation and reduce chances of rehabilitation. Good behaviour has to be approached objectively while deciding request for ordinary leave. |
| BANKING - SC: Cannot Direct Company's Authorized Signatory to Pay Interim Compensation |
| Fri, 26 Jul 2024 11:01:00 IST |
| SC has stated that authorized signatories can bind company through their actions but they do not merge their legal status with that of the company. This distinction supports interpretation that drawer under Section 143A of NI Act refers specifically to issuer of cheque, not authorized signatories. |
| CIVIL - SC: Instance of Lenders Entertaining Shylockian Attitudes Needs to be Regulated |
| Fri, 26 Jul 2024 11:00:49 IST |
| SC has observed it is pained by instances where ordinary laymen take loans & are at last driven to streets or driven to commit suicide, on account of lenders entertaining Shylockian attitudes. The Court stated that it will regulate such instances & rescue those who borrow loans and then are doomed. |
| ENVIRONMENT - Supreme Court: NGT to Ensure Lawful Grant of Environmental Clearence |
| Fri, 26 Jul 2024 11:00:38 IST |
| SC while setting aside NGT's order allowing establishment of a Common Biomedical Waste Treatment Facility, has observed that it is NGT's duty to satisfy itself that all conditions for grant of environment clearance are complied with and to ensure that environment clearance is lawfully granted. |
| DIRECT TAXATION - Del. HC: Can't Tax Services Provided to Indian Customers for Use of Process by Assessee Company |
| Fri, 26 Jul 2024 11:00:28 IST |
| Delhi High Court has held that, for the services provided to Indian customers outside the territory of India in connection with use of process or equipment by the assessee company, no tax can be charged as royalty. |
| CRIMINAL - Delhi HC Issues Circular Regarding Pass-Overs or Adjournments in Bail, Parole Matters |
| Fri, 26 Jul 2024 11:00:16 IST |
| Delhi HC has issued a circular stating that in all matters viz. Interim Bail, Bail, Suspension of sentence, Parole, Furlough and cancellation thereof, counsels are requested to avoid unnecessary pass-overs or adjournments and must file status reports and replies within the stipulated time frame. |
| CRIMINAL - Mad. HC: Prior Sanction u/s 197 CrPC Not Required to Prosecute Officers Below Rank of Inspector |
| Fri, 26 Jul 2024 11:00:05 IST |
| Madras High Court has held that prior sanction under Section 197 of Code of Criminal Procedure, 1973 is not required to prosecute police officers falling below the rank of Inspector of Police. |
| CIVIL - MP HC: Executive Can't Proscribe Voluntary Membership of Organisations |
| Fri, 26 Jul 2024 10:59:53 IST |
| MP HC has observed that voluntary membership of a national & internationally famed organisation like RSS, for activities like religious, social, philanthropic, educational cannot be proscribed through executive instructions. They ought to have been done through duly enacted law if necessity arises. |
| CRIMINAL - MP HC: Precautions and Warning Signs at Construction Sites Must be Ensured by Owner |
| Fri, 26 Jul 2024 10:59:40 IST |
| MP HC has held that a contractor who does not ensure placing of warning signs and precautions at a construction site ultimately resulting into a fatal accident, can be held for a criminal offence under Section 304-A of Indian Penal Code, 1860. |
| CRIMINAL - MP HC: Accused Can't be Compelled to Languish in Jail in Absence of Progression of Trial |
| Fri, 26 Jul 2024 10:59:29 IST |
| MP High Court while allowing bail application of an accused, has held that if there is delay in progression of trial, then no one can be allowed to languish in jail because unless and until a person is held to be guilty he has to be presumed innocent. |
| ENVIRONMENT - Delhi High Court: Fencing around Yamuna Floodplains must be Ensured |
| Thu, 25 Jul 2024 15:33:22 IST |
| Delhi High Court has directed the Delhi Development Authority to ensure proper fencing around Yamuna River floodplains whenever illegal or unauthorized constructions and encroachments are removed. |
| CIVIL - Delhi High Court: BCI Directed to Decide Plea for Payment of Minimum Stipend to Junior Lawyers |
| Thu, 25 Jul 2024 15:33:11 IST |
| Delhi High Court has directed Bar Council of India (BCI) to decide the plea regarding payment of minimum stipend to junior lawyers within a period of six months. |
| CRIMINAL - MP High Court: Minor Denied Permission to Terminate 28-Week Pregnancy |
| Thu, 25 Jul 2024 15:33:00 IST |
| MP HC has denied a minor to terminate 28- weeks pregnancy and observed that in view of the medical report given by the Board coupled with the fact that even FIR which has been lodged by grandmother of petitioner is suspicious, no case is made out for directing medical termination of pregnancy. |
| CRIMINAL - MP HC: If Alternate Remedy Available, Petitions Directing Police to Register FIR Not Maintainable |
| Thu, 25 Jul 2024 15:32:48 IST |
| Madhya Pradesh High Court has restated that writ petitions seeking direction on police officers to register FIRs will not be maintainable if alternate remedy is available. |
| FAMILY - All. HC: To Prove Cruelty Meted Out To Mother, Unrebutted Evidence of Minor Daughter Sufficient |
| Thu, 25 Jul 2024 15:32:38 IST |
| All. HC has held that once the minor child of the parties had specifically deposed that the father had tried to throttle her mother on many occasions, no other evidence of cruelty was required to be led in face of that unrebutted evidence. |
| LAW OF MEDICINE - All. HC: Decision of Continuation or Termination of Pregnancy is Up to the Woman |
| Thu, 25 Jul 2024 15:32:27 IST |
| All. HC while hearing a case of a 15 years old pregnant rape victim, has opined that a woman's decision in whether or not to go ahead with termination of her pregnancy is a decision that is to be taken by no one but herself. This is primarily based on the widely acknowledged idea of bodily autonomy. |
| ARBITRATION - Delhi High Court: Can Include Non-Signatories in Arbitration Beyond Group Company Ties |
| Thu, 25 Jul 2024 15:32:17 IST |
| Delhi High Court has held that in an arbitration proceeding, non-signatory can be included if there exists a contractual relationship that makes the non-signatory partially or wholly responsible for obligations towards the claimants. |
| CIVIL - Raj. HC: Can't Challenge Successful Transfer Petition Before DC by Filing Another Transfer Petition |
| Thu, 25 Jul 2024 15:32:06 IST |
| Rajasthan High Court has held that a successful transfer petition under Section 24, Code of Civil Procedure, 1908 cannot be challenged by filing another transfer petition before the High Court under Section 24 of Code of Civil Procedure, 1908. |
| MINES AND MINERALS - Supreme Court: States Have Right to Levy Tax on Mineral Rights |
| Thu, 25 Jul 2024 12:42:09 IST |
| Supreme Court by an 8:1 majority has held that royalty paid by mining operators is not in the nature of tax and the payments made to the government cannot be deemed to be a tax merely because a statute provides for its recovery in arrears. |
| CIVIL - Supreme Court Dismisses Plea to Include Tribunals in National Judicial Data Grid |
| Thu, 25 Jul 2024 11:53:29 IST |
| Supreme Court dismissed a plea seeking inclusion of tribunals in national judicial data grid on the ground that national judicial data grid is a part of E-Courts project and only covers the functioning of the Courts. |
| CIVIL - SC: Rehabilitation of People Necessary before Evicting them for Development of Railway Station |
| Thu, 25 Jul 2024 11:53:17 IST |
| Supreme Court while hearing an application on an order staying eviction of people who encroached upon railway property, has stated that authorities should ensure rehabilitation of people before evicting them from the encroached lands. |
| SERVICE - SC: Benchmark for Appointment in Law Enforcement Agency Should be Stringent |
| Thu, 25 Jul 2024 11:53:04 IST |
| Supreme Court has set aside Gauhati High Court's order reinstating a CRPF constable who was terminated for withholding relevant information and restated that appointment in Law Enforcement Agency should be more stringent than routine vacancies. |
| SERVICE - Supreme Court: Promotion to be Effective from the Date on Which It Was Granted |
| Thu, 25 Jul 2024 11:52:53 IST |
| Supreme Court while hearing an appeal against an employee seeking retrospective promotion, has observed that promotion of an employee is to be effective from the date on which it was granted and not from the date on which the vacancy has occurred. |
| ARBITRATION - Del. HC: Arbitral Award Gets Vitiated if Basic Contractual Framework Misunderstood |
| Thu, 25 Jul 2024 11:52:40 IST |
| Delhi High Court has held that if there is any misreading/misunderstanding of the basic contractual framework, the award gets vitiated and makes it vulnerable to be challenged under Section 34(2)(b)(ii) and 34(2A) of the Arbitration and Conciliation Act, 1996. |
| INSOLVENCY - SC: Creditor Can Initiate CIRP Against CD Even After Completion of Same Against Corporate Guarantor |
| Thu, 25 Jul 2024 11:52:28 IST |
| Supreme Court has held that a corporate guarantor's insolvency resolution will not bar the creditor from initiating insolvency process for balance debt against the corporate debtor. |
| CIVIL - Supreme Court: Petitioner Allowed to Convert Writ Petition into Special Leave Petition |
| Thu, 25 Jul 2024 11:52:17 IST |
| Supreme Court while allowing a petitioner to convert writ petition into special leave petition, has observed that it would be expedient for the ends of justice to grant liberty to the petitioner to carry out suitable amendments in the petition to convert it into a special leave petition. |
| CIVIL - Kerala High Court: Publication of Justice Hema Commission Report, Stayed |
| Thu, 25 Jul 2024 11:52:07 IST |
| Kerala High Court has passed an interim order staying the publication of Justice Hema Commission Report as was directed by the State Information Commissioner. The committee for the report was established to study and suggest solutions for issues faced by women in the film industry. |
| MOTOR VEHICLES - Ker. HC: Response Sought from Govt. Regarding Tourism Dept. Vehicles Carrying Dignitaries |
| Wed, 24 Jul 2024 15:28:24 IST |
| Ker. HC has sought response from the Government on a query regarding the vehicles owned by the Tourism Department, which are used for carrying constitutional dignitaries & authorities are fitted with backlit name boards openly flouting the requirements of the Central Motor Vehicles Rules, 1989. |
| RIGHT TO INFORMATION - Del. HC: Information Seeker has No Locus Standi in Penalty Proceedings Under Section 20 of RTI Act |
| Wed, 24 Jul 2024 15:28:13 IST |
| Del. HC has observed that formation of opinion under Section 20(2) of the RTI Act is in the exercise of supervisory powers of CIC and not in exercise of adjudicatory powers. The Court is also of the view that information seeker has no locus standi in penalty proceedings under Section 20 of RTI Act. |
| CRIMINAL - Calcutta High Court: Warrant of Arrest Should Not be Issued Mechanically |
| Wed, 24 Jul 2024 15:27:59 IST |
| Calcutta High Court while quashing warrant of arrest against accused, has observed that warrant of arrest cannot be issued by trial court without application of mind and without justifying issuance of the same. |
| COMPANY - Bombay HC: If Ignorance Was an Excuse Every Accused Would Claim Unawareness of Law |
| Wed, 24 Jul 2024 15:27:48 IST |
| Bombay High Court has observed that if ignorance was an excuse, every person who is charged for any offence or involved in a crime would merely claim that he was unaware of the law in question in order to avoid liability, even though he was well aware of the consequences of breaking the law. |
| EDUCATION - Delhi High Court: Educational Institutions Strong Pillar of Democracy |
| Wed, 24 Jul 2024 15:27:37 IST |
| Del. HC has observed that educational institutions are a strong pillar of democracy and the entire country as the country's future depends on students. Maintaining academic discipline & standards at higher levels of studies & research work is of critical importance to the community and the country. |
| ARBITRATION - Cal. HC: Arbitrator Relying on Unverified Evidence is Contrary to Fundamental Policy of Indian Law |
| Wed, 24 Jul 2024 15:27:26 IST |
| Calcutta High Court has observed that evidence which is not verified cannot be equated with proof of a claim and if the arbitrator relies on such evidence it shall be in violation of fundamental policy of Indian law. |
| DIRECT TAXATION - Ker. HC: Gain from Property Kept for Investment Purpose to be Taxed Under Capital Gains |
| Wed, 24 Jul 2024 15:27:15 IST |
| Kerala High Court has held that any gain that is obtained from a property kept for the purpose of investment shall be taxed under the category of capital gain. |
| CUSTOMS - SC: Customs Duty to be Paid by Owner Even When Confiscated Goods are Redeemed by Paying Fine |
| Wed, 24 Jul 2024 11:05:54 IST |
| Supreme Court has held that the owner of goods has a liability to pay customs duty, even after confiscated goods are redeemed after payment of fine under Section 125 of the the Customs Act of 1962. |
| CIVIL - Supreme Court: NIC Officials Directed to Meet NCDRC President to Resolve E-Filing Issues |
| Wed, 24 Jul 2024 11:05:43 IST |
| Supreme Court while hearing a petition on E-filing facilities at the NCDRC and State Commissions, has directed the National Informatics Centre (NIC) to interact with the NCDRC President, and a Supreme Court member to resolve the complexities arising in the E-Filing Systems. |
| ENVIRONMENT - SC: NGT's Order Allowing Construction of Tiracol Bridge in Goa's Querim Beach, Set Aside |
| Wed, 24 Jul 2024 11:05:33 IST |
| Supreme Court has set aside the National Green Tribunal's (NGT) order allowing the construction of the Tiracol bridge on Querim beach in Goa. |
| CONTEMPT OF COURT - SC: Can't Entertain Time Barred Contempt Petitions Accepting Bogey of Continuing Wrong |
| Wed, 24 Jul 2024 11:05:22 IST |
| Supreme Court while interpreting Section 20 of the Contempt of Courts Act, 1971, has held that action for contempt should be initiated within a year and not beyond, from the date on which the contempt is alleged to have been committed. |
| ARBITRATION - Del. HC: Independent Assessment of Award in Appeal u/s 37 of A&C Act Cannot be Undertaken by Courts |
| Wed, 24 Jul 2024 11:05:11 IST |
| Delhi High Court has restated that the role of a court while entertaining an arbitration appeal under Section 37 of the Arbitration and Conciliation Act, 1996, is very limited and the Court cannot undertake independent assessment of the merits of the award. |
| HUMAN RIGHTS - Ker. HC: HRC Being Quasi Judicial Body is Duty Bound to Comply With Principles of Natural Justice |
| Wed, 24 Jul 2024 11:05:01 IST |
| Ker. HC has observed that Human Rights Commission being a quasi judicial body is duty bound to comply with the principles of natural justice while disposing of complaints filed before it and must afford an effective opportunity of being heard to the interested parties before disposing of cases. |
| CRIMINAL - HP HC: Adultery Not a Ground to Automatically Disqualify Divorced Wife from Receiving Maintenance |
| Wed, 24 Jul 2024 11:04:50 IST |
| Himachal Pradesh High Court has observed that a divorced wife cannot be automatically disqualified from receiving maintenance under Section 125(4) of Code of Criminal Procedure, 1973 only on the ground that she was living in adultery. |