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ARBITRATION - Delhi High Court: Under Section 9 of A&C Act, Scope of Inquiry is Limited
Fri, 14 Jun 2024 14:56:34 IST

Delhi High Court has held that the scope of inquiry under Section 9 of Arbitration and Conciliation Act, 1996 is limited to prima facie examination of issues raised by parties. The issues of fact or law are not to be determined finally as they fall within the jurisdiction of the Arbitral Tribunal.

CRIMINAL - Mad. HC: Sexual Harassment at Workplace a 'Continuing Offence' If Causes Constant Trauma and Fear
Fri, 14 Jun 2024 14:56:24 IST

Mad. HC has held that when offence of sexual harassment at workplace is a serious one causing grave mental trauma and stress to victim, pushing her to not reveal or complain due to the fear of secondary victimization, so long she undergoes such a phenomenon it would amount to a continuing offence.

PROPERTY - Gau. HC: Party Can Invoke Arbitration Despite Alternative Remedy Available Under RERA Act
Fri, 14 Jun 2024 14:56:12 IST

Gauhati High Court has held that the Arbitration and Conciliation Act, 1996 is not inconsistent or in derogation of the RERA Act. Thus, arbitration can be invoked by a party, despite the availability of the alternative remedy provided under the provisions of the RERA Act.

COMPANY - Byju's Second Rights Issue for Raising Funds Halted by NCLT
Fri, 14 Jun 2024 14:55:58 IST

National Company Law Tribunal has restrained ed-tech firm Byju's from going ahead with the present rights issue which is in progress, till the disposal of the main petition.

CIVIL - Mad. HC: Separate Norms for Transgender Persons in Employment and Education
Fri, 14 Jun 2024 11:03:28 IST

Mad. HC while observing that transgenders should be treated as special category, has directed State to not treat them under female or male category and to prescribe separate norms for them which shall be below the norms prescribed for male & female candidates in all employment & educational avenues.

INTELLECTUAL PROPERTY RIGHTS - Bombay High Court: Release of Film "Shaadi Ke Director Karan Aur Johar" Restrained
Fri, 14 Jun 2024 11:03:17 IST

Bombay High Court has restrained the release of the film "Shaadi Ke Director Karan Aur Johar" on the ground that a strong prima facie case has been made out by the plaintiff to protect his personality rights which are vested in him considering that he has the status of celebrity.

FAMILY - Gau. HC: If Delay in Filing Matri. Appeal Not Satisfactorily Expl., Bar Against Remarriage Not Applic
Fri, 14 Jun 2024 11:03:07 IST

Gauhati High Court while dismissing an application seeking condonation of delay in preferring a matrimonial appeal that challenged an ex-parte divorce decree, has observed that bar of Section 15 of the Hindu Marriage Act, 1955 will not be applicable as delay has not been explained satisfactorily.

CIVIL - Pat. HC: After Commen. of Trial, Amen. of Pleadings Allowed if Required to Arrive at Just Conclusion
Fri, 14 Jun 2024 11:02:56 IST

Patna High Court has observed that in sum and substance, if the amendment is necessary for deciding the real controversy between the parties and for arriving at a just conclusion, such an amendment could be allowed even after the commencement of the trial.

CRIMINAL - Meghalaya High Court: Bail Plea Rejected Despite Delay in Trial
Fri, 14 Jun 2024 11:02:45 IST

Meghalaya High Court has rejected the bail plea of an accused even when there was a delay in the commencement of trial under the Protection of Children from Sexual Offences Act, 2012 and observed that while deciding bail plea gravity of offence needs to be considered.

CIVIL - Report on Lack of AC, Drinking Water and WiFi at DU Law Faculty Sought by Delhi High Court
Thu, 13 Jun 2024 13:55:29 IST

Delhi High Court has sought a report on the lack of air conditioning, purified drinking water and WiFi at Delhi University's Faculty of Law. Justice Amit Sharma has appointed Advocate Rajesh Mishra as amicus curiae to examine the situation and help in resolving the issue.

CRIMINAL - All. HC: DCP Pulled Up for Directing Further Investigation Without Leave of the Magistrate
Thu, 13 Jun 2024 13:55:18 IST

Allahabad High Court has pulled up a Deputy Commissioner of Police (DCP) who directed further investigation without the leave of the court in a case in which a chargesheet was already filed and cognizance had already been taken.

CRIMINAL - Kerala HC: Husband Acquitted u/s 304B IPC Can be Held Guilty u/s 498A IPC if Facts Permit
Thu, 13 Jun 2024 13:55:08 IST

Kerala High Court has held that a husband can be convicted under Section 498-A of the Indian Penal Code, 1860 (IPC) for marital cruelty even if he has been charged and acquitted under Section 304B of the Indian Penal Code for dowry death.

CIVIL - Mad. HC: Bar Associations to Pay 15000 to 20,000 to Junior Lawyers Practicing in State
Thu, 13 Jun 2024 13:54:57 IST

Mad. HC highlighted that young lawyers should not be forced to go through struggles of earlier generations and directed Bar Council of Tamil Nadu & Puducherry to issue circulars to bar associations regarding payment of minimum stipend of Rs 15,000 to Rs.20,000 to junior lawyers practicing in State.

CIVIL - Mad. HC: Bar Associations to Pay 15000 to 20,000 to Junior Lawyers Practicing in State
Thu, 13 Jun 2024 11:20:09 IST

Mad. HC highlighted that young lawyers should not be forced to go through struggles of earlier generations and directed Bar Council of Tamil Nadu & Puducherry to issue circulars to bar associations regarding payment of minimum stipend of Rs 15,000 to Rs.20,000 to junior lawyers practicing in State.

INTELLECTUAL PROPERTY RIGHTS - Bom. HC: Karan Johar Files Suit Against Makers of the Film "Shaadi Ke Director Karan Aur Johar"
Thu, 13 Jun 2024 11:19:59 IST

Filmmaker Karan Johar has filed a suit against the makers of the film "Shaadi Ke Director Karan Aur Johar" on the ground that by using his name in the title, confusion is being created in the minds of the public at large that the said film is associated with him.

TRUSTS AND SOCIETIES - Karnataka HC: PIL Seeking Declaration that Temples are Not Public Authorities, Dismissed
Thu, 13 Jun 2024 11:19:47 IST

Karnataka High Court has dismissed a Public Interest Litigation (PIL) seeking a declaration that temples in Karnataka are not public authorities within the meaning of Section 2(h) of the Right to Information Act, 2005.

CONSTITUTION - Karnataka Prohibition of Violence Against Advocates Act, 2023 Comes Into Effect From 10th June, 2024
Thu, 13 Jun 2024 11:19:37 IST

Karnataka Prohibition of Violence Against Advocates Act, 2023 has come into effect from 10th June, 2024 and the main objective of the act is to protect advocates so that they can perform all of their professional functions without intimidation, hindrance, harassment or improper interference.

CRIMINAL - SC: Accused Refusing to Undergo Medical Examination Amounts to Non-Cooperation With Investigation
Wed, 12 Jun 2024 15:22:25 IST

Supreme Court while directing an accused to undergo medical examination, has observed that the clear statement of the accused that he did not want to be subjected to medical examination shows his unwillingness to cooperate with the investigation.

CRIMINAL - Ker. HC: Power Under Section 216 of CrPC Can be Exercised by the Court at Any Time Before Judgement
Wed, 12 Jun 2024 15:22:14 IST

Kerala High Court has observed that alteration of charge is the vested power of the court given under Section 216 of Code of Criminal Procedure, 1973 and the same is within the domain of the Court and can be exercised at any time before judgment is pronounced.

COMPANY - Amalgamation of Air Asia With Air India Express Approved by NCLT
Wed, 12 Jun 2024 15:22:02 IST

National Company Law Tribunal has approved the amalgamation of AIX Connect Pvt Ltd., owner of Air Asia Airlines, with the Air India Express Ltd company under Section 230 to 232 and other applicable provisions of the Companies Act, 2013.

CIVIL - Kerala High Court: E-Toilets to be Build for Flood Affected Tribal Families
Wed, 12 Jun 2024 15:21:52 IST

Kerala High Court has directed the state authority to build e-toilets for around 300 families residing on the banks of Chaliyar and Punnapuzha rivers and has also asked the State to file a report in this regard.

CRIMINAL - Madras High Court: Important to Send Out Message That Courts Shouldn't be Taken for Granted
Wed, 12 Jun 2024 11:40:09 IST

Madras High Court while hearing suo motu revisions against the discharge/acquittal of ministers in corruption case has observed that whatever happens in the suo motu, even if it is dropped in the future, a message should go out and no one should take the court for granted.

CIVIL - Ker HC: Min. of Animal Husbandry to Consider Objections to Ban on 'Dangerous & Ferocious' Dog Breeds
Wed, 12 Jun 2024 11:39:58 IST

Kerala High Court has directed the Ministry of Fisheries and Animal Husbandry to consider the objections that have been submitted while considering a writ petition challenging a circular issued by the Ministry of Fisheries, Animal Husbandry and Dairying banning the rearing of 23 breeds of dogs.

HUMAN RIGHTS - Mad. HC: State Bound to Take Care of Adults With Mental Health Illness and No Family Support
Wed, 12 Jun 2024 11:39:47 IST

Madras High Court while directing the State to provide lifelong accommodation and medicare to a 20 year old mentally disabled man, has observed that parens patrie jurisdiction of the State can be extended even to adults suffering from mental disability who lack family support.

ARBITRATION - IIAC (Conduct of Micro and Small Enterprises Arbitration) Regulations, 2024 Issued by IIAC
Wed, 12 Jun 2024 11:39:36 IST

India International Arbitration Centre (IIAC) has issued IIAC (Conduct of Micro & Small Enterprises Arbitration) Regulations, 2024 that will inspire confidence amongst parties by providing a neutral dispute resolution platform for speedy dispute resolution affecting Micro & Small Enterprises.

CIVIL - Bom. HC: Issue of Inadequate Burial Grounds to be Personally Addressed by Municipal Commissioner
Tue, 11 Jun 2024 15:21:21 IST

Bom HC has directed Commissioner of Municipal Corporation to himself look into matter of inadequate burial grounds and issue directions like finding out another land to be used as burial ground and ensuring that all steps are taken for initiation and completion of process of acquisition of the land.

CRIMINAL - Karnataka High Court: Rape Case Filed by Woman Against Her Fiance, Quashed
Tue, 11 Jun 2024 15:21:10 IST

Karnataka High Court has quashed a rape case filed by a woman against her fiance on the ground that talks of marriage between the members of the family had taken place, and the date of marriage was also fixed which shows that there was no false promise of marriage.

CIVIL - Gauhati High Court: Chief Secretary's Statement Sought on Inadequacy of Funds
Tue, 11 Jun 2024 15:21:00 IST

Gauhati High Court has sought the statement of the Assam Government's Chief Secretary to apprise the Court about the inadequate disbursement of compensation to the victims under the Assam Victim Compensation Scheme and the steps that are being taken to release the amount.

CIVIL - Chh. HC: Suo Motu Cognizance Taken on Woman Delivering Baby on Floor of Health Centre
Tue, 11 Jun 2024 15:20:49 IST

Chhattisgarh High Court has taken suo motu cognizance of a report which stated that a woman had delivered a baby on the ground of the State's Ambikapur Sub Health Centre due to the absence of doctors/nurses.

INSOLVENCY - Insolvency Proceedings Initiated Against Himalayan Mineral Water by NCLT
Tue, 11 Jun 2024 15:20:38 IST

National Company Law Tribunal (NCLT) on a plea by Jammu and Kashmir Bank has ordered initiation of insolvency proceedings against Himalayan Mineral Water Private Limited over a debt of Rs. 50 Crore owed by a party for which Himalayan Mineral Water was the corporate guarantor.

INTELLECTUAL PROPERTY RIGHTS - Del. HC: Individual Restrained from Using India TV Logo and "Baap Ki Adalat" Tademark
Tue, 11 Jun 2024 11:17:07 IST

Delhi High Court while ruling in favour of journalist Rajat Sharma, has restrained an individual from using his name, photograph and "Baap Ki Adalat" trademark in social media posts, audio-video content or any services which may result in violation of the journalist's personality rights.

DIRECT TAXATION - Telangana High Court: Evading Tax Through Colourable Devices Can't be Termed as Tax Planning
Tue, 11 Jun 2024 11:16:55 IST

Tel. HC has held that tax planning may be legitimate provided it is within the framework of law. Colourable devices cannot be part of tax planning and it is wrong to encourage or entertain the belief that it is honourable to avoid the payment of tax by resorting to dubious methods.

CRIMINAL - All. HC: Application u/s 483 CrPC for Speedy Disposal of Plea u/s 125 CrPC, Maintainable
Tue, 11 Jun 2024 11:16:44 IST

All. HC has held that as Family Court exercises jurisdiction of judicial magistrate while deciding application under Section 125 Cr.P.C., application under Section 483 Cr.P.C. seeking a direction to Family Court for expeditious disposal of application under Section 125 Cr.P.C. would be maintainable.

PROPERTY - Karnataka High Court: Writ Courts Cannot Transcend the Barriers of Law
Tue, 11 Jun 2024 11:16:32 IST

Karnataka High Court has held that no writ can be issued in derogation of law. Writ Courts in the guise of doing justice cannot transcend the barriers of law. They cannot arrogate to themselves the extraordinary power vested in the Apex Court of the country under Article 142 of the Constitution.

CIVIL - Madras High Court Lauds TN Government for Its Gender and Sexual Minority Policy
Tue, 11 Jun 2024 11:16:20 IST

Madras High Court has lauded the Tamil Nadu Government for its Gender and Sexual Minority Policy which is an effort to create safe space for persons of the LGBTQIA+ community, and observed that this policy will set a precedent for the entire country and give a day of hope for the LGBTQIA+ community.

CAPITAL MARKET - App. Filed in SC Seeking Direction on Union to Submit Reports on Share Market Crash After Election
Mon, 10 Jun 2024 15:05:51 IST

In a plea filed in the Supreme Court, directions have been sought to the Securities and Exchange Board of India (SEBI) and the Central Government to submit status report regarding the share market crash and loss suffered by investors after the results of the Lok Sabha Election, 2024.

TRUSTS AND SOCIETIES - Mad. HC: Co-operative Society Registered Under TN Co-operative Societies Act Not Public Authority
Mon, 10 Jun 2024 15:05:40 IST

Mad. HC has observed that a co-operative society registered under Tamil Nadu Co-operative Societies Act is not bound by RTI Act to provide information requested by a citizen and that a co-operative society does not fall within definition of "public authority" under Right to Information Act, 2005.

CONSTITUTION - All. HC: Right to Marry or Live With Person of Choice Protected Under Article 21 of COI
Mon, 10 Jun 2024 15:05:28 IST

Allahabad High Court has observed that an individual's right to marry or live with a person of choice is a right which flows from Article 21 of the Constitution of India (COI) and he/she cannot be restrained from exercising such right.

CIVIL - SC: Authorities to Ensure No Untoward Incident Happens in Connection With Hoardings
Mon, 10 Jun 2024 11:43:13 IST

Supreme Court on a plea by Municipal Corporation of Greater Mumbai regarding hoardings on Railway's land, has directed the authorities to ensure that no untoward incident happens in connection with any hoardings now that the monsoons have arrived.

EDUCATION - Del. HC: National Testing Agency's Stand Sought on Plea Against Award of Grace Marks
Mon, 10 Jun 2024 11:43:02 IST

Delhi High Court has sought the stand of the National Testing Agency in a plea that has challenged the award of grace marks to candidates for one question in the NEET (UG) Examination.

CRIMINAL - Delhi HC: Directions Issued to Ensure Speedy Trial in Excise Policy Case
Mon, 10 Jun 2024 11:42:51 IST

Delhi HC in order to ensure speedy trial in Delhi excise policy case has issued directions that include no unnecessary delay in scrutiny of documents, long dates and adjournments are not sought and hard copy and digitized copy of chargesheet are provided to the accused on the first day of hearing.

COMPANY - Mad. HC: Juri. Akin to Revisional Juri. Must be Exercised by Adj. Authority to Assess Correctness
Mon, 10 Jun 2024 11:42:40 IST

Mad. HC has observed that even though Adjudicating Authority may not sit in appeal over commercial wisdom of Committee of Creditors, still it is required to exercise jurisdiction, akin to a revisional jurisdiction, to ascertain correctness of what has been done before and by Committee of Creditors.

MOTOR VEHICLES - Ker HC: Min. of Transport Asked About the Actions Taken Against Vloggers Promoting Modified Vehicles
Mon, 10 Jun 2024 11:42:24 IST

Ker HC has directed Deputy Solicitor General of India-in-Charge to get necessary instructions from Ministry of Road Transport and Highways on action taken to prevent vloggers uploading videos promoting use of motor vehicles in public places, violating standards prescribed in relation to road safety.

LAW OF EVIDENCE - Rajasthan HC: Can Rely on Testimony of Injured Witness Unless There are Major Contradictions
Mon, 10 Jun 2024 11:42:10 IST

LAW OF EVIDENCE - Rajasthan HC: Can Rely on Testimony of Injured Witness Unless There are Major Contradictions

INTELLECTUAL PROPERTY RIGHTS - Del. HC: Interim Relief Granted to Domino's in Trademark Infringement Case Against Donito's
Fri, 07 Jun 2024 15:30:00 IST

Delhi High Court while granting relief to Domino's in a trademark infringement case against Donito's, has restrained Donito's from using the infringing mark on the ground that it was deceptively similar to Domino's and would cause irreparable harm if the relief is not granted.

CIVIL - Gau. HC: Assam Govt. Directed to Apprise Court on Steps Taken to Prevent Water Logging
Fri, 07 Jun 2024 15:29:48 IST

Gauhati High Court has directed the Assam Government to notify the court within ten days, the steps that have been taken by the Government to deal with the issue of water logging during the monsoon season in Gauhati City.

CRIMINAL - Telangana HC: 'Less Salary, More Hours' Not Sufficient for Offence of Child Kept in Bondage
Fri, 07 Jun 2024 15:29:36 IST

Tel. HC has held that the essential ingredient to attract offence of child kept in bondage under Section 79 of the JJ Act, 2015 is that minor child must be kept in bondage for purpose of employment or child's earnings should be withheld or such earnings shall be used by employer for his own purpose.

SERVICE - Kar HC: No Need to Share Opinion Given by CVC to Discipl. Authority with Delinquent Bank Employee
Fri, 07 Jun 2024 11:27:35 IST

Kar. HC has observed that the Court does not subscribe to the views that opinion of Central Vigilance Commission to disciplinary authority should always be shared with delinquent employee and stated that object of consulting Commission is not in interest of employee but in larger interest of bank.

CIVIL - Gau HC: Courts Have Duty to Examine & Reject Time Barred Claims to Protect Parties from Arb. Process
Fri, 07 Jun 2024 11:27:23 IST

Gauhati High Court has held that courts have a duty to examine and reject time-barred claims in order to prevent parties from getting trapped in costly arbitration processes.

SERVICE - Ker. HC: Maternity Benefit Act Not Applicable to Private Educational Institutions Before 06.03.2020
Fri, 07 Jun 2024 11:27:11 IST

Kerala HC after noting that a gazette notification was issued by the State Government making the Maternity Benefit Act, 1961 applicable to private educational institutions only on 6th March 2020, has held that the Act shall not be applicable on private educational institutions before the given date.

CONSTITUTION - Mad. HC: Not Paying Junior Lawyers Minimum Stipends is Violative of their Fundamental Rights
Fri, 07 Jun 2024 11:26:59 IST

Mad. HC has observed that extracting work from junior lawyers without payment is exploitation and directly in violation of fundamental rights enshrined under the Constitution and further suggested Bar Council of Tamil Nadu and Puducherry to fix a minimum stipend to be paid to a junior lawyer.

CRIMINAL - Ker. HC: Criminal Misc. Cases to be Numbered Only After Producing Witness Statements & Docs.
Fri, 07 Jun 2024 11:26:46 IST

Kerala High Court has directed its registry to number criminal miscellaneous cases only after producing the final report along with witness's statements and documents and was further directed to strictly comply with the direction.

CIVIL - Del. HC: Himachal Pradesh Directed to Release Water to Delhi, Haryana Government to Not Interrupt
Thu, 06 Jun 2024 15:55:47 IST

Delhi High Court in order to resolve the water crisis that has gripped the residents of the national capital, has directed the Himachal Pradesh Government to release 137 cusecs of water to Delhi with prior intimation to Haryana.

LAW OF EVIDENCE - Kerala High Court: Can't Expect Witness to Recall Sequence of Events Accurately
Thu, 06 Jun 2024 15:55:35 IST

Kerala HC has observed that a witness cannot be expected to recall an accurate sequence of events and minor discrepancies in the statements do not amount to contradiction as these are normal errors of memory due to lapse of time and will always be there, however honest and truthful a witness may be.

CRIMINAL - Kar. HC: Life Convict Released on Parole on Wife's Plea Claiming Deprivation of Her Right to Progeny
Thu, 06 Jun 2024 15:55:21 IST

Karnataka High Court has allowed a life convict to be released on parole for a period of thirty days on the plea of the wife that she is being deprived of her right of progeny.

CRIMINAL - All. HC: Inconsistency in Bail Orders Having Similar Facts Undermine Public Confidence in Judiciary
Thu, 06 Jun 2024 15:55:09 IST

All. HC has observed that when courts grant bail to one accused and deny it to another under similar circumstances without providing clear justifications for disparity, it creates an impression of unpredictability. Such practices can lead to uncertainty and undermine public confidence in judiciary.

CIVIL - Del. HC: Government Directed to Implement Fire Safety Norms in Nursing Homes Within 4 Weeks
Thu, 06 Jun 2024 11:28:44 IST

Delhi High Court has directed the Delhi Government to decide the representation for framing and implementation of fire safety norms in small hospitals and nursing homes in the national capital, within a period of four weeks.

PROPERTY - Kar HC: Can't Cancel Gift Deed Executed in Favour of Son if No Condition for Maint. Father Mentioned
Thu, 06 Jun 2024 11:28:32 IST

Karnataka High Court has held that the Assistant Commissioner of Senior Citizen Tribunal cannot cancel a gift deed that has been executed by a senior citizen in favour of his son who subsequently sells it, if there is no condition mentioned in the gift deed to maintain the father.

CIVIL - Mad. HC: Govt. Directed to Consider Representation Seeking Regulation of Pet Boarding Facilities
Thu, 06 Jun 2024 11:28:21 IST

Madras High Court has directed the Government of Tamil Nadu to consider representation made by an animal rights activist regarding the regulation of Pet Boarding Facilities in the State.

CIVIL - Kerala High Court: Scribe Should Have Completed Matriculation But Not 12th Standard
Thu, 06 Jun 2024 11:28:09 IST

Ker. High Court while allowing a candidate with ninety percent disability to attend the Kerala Engineering Architectural Medical Examination (KEAM), 2024, has observed that the candidate can attend the examination through the help of a scribe who is a matriculate and had not completed 12th standard.

CIVIL - Delhi High Court: AAP's Plea for Temporary Office Space to be Decided Within 6 Weeks
Wed, 05 Jun 2024 14:35:12 IST

Delhi High Court has directed the Central Government to decide within six weeks, the Aam Aadmi Party's representation for temporary office space in the national capital till the time land is allotted for construction of permanent office space.

MEDIA AND COMMUNICATION - Self Declaration Certificate Before Publishing/Broadcasting Any Ads. Made Mandatory by Centre
Wed, 05 Jun 2024 14:35:00 IST

Union Ministry of Information and Broadcasting has issued a Press Information Bureau making it mandatory for advertisers and advertising agencies to submit a self-declaration certificate for all new advertisements that will be issued/telecast/aired/published on or after 18th June, 2024.

EDUCATION - Admission in Eight Law Colleges Lacking BCI Approval, Halted by Gujarat High Court
Wed, 05 Jun 2024 14:34:48 IST

Gujarat High Court has halted the process of admission for LLB courses in eight law colleges that have not been approved by the Bar Council of India. The Court has directed the Bar Council to conduct inspections in the colleges which is a mandatory requirement for granting approval.

CRIMINAL - Ker. HC: Bail to be Granted if No Requirement for Custodial Interrogation, a Misconception
Wed, 05 Jun 2024 14:34:37 IST

Kerala High Court has held that there appears to be a serious misconception of law that if no case for custodial interrogation is made out by the prosecution, then that alone would be a good ground to grant anticipatory bail.

SERVICE - Punjab and Haryana High Court: Can't Base Rules for Recruitment on Political Agenda
Wed, 05 Jun 2024 11:50:02 IST

P&H HC while setting aside rules for recruitment of Group C and D posts which provided for additional five percent marks under socio-economic criteria to individuals having domicile of the state, has observed that rules have to be framed on the basis of actual data and not on political agenda.

CIVIL - Kar. HC: Cannot Make Construction of Memorial for Film Actor Subject Matter of PIL
Wed, 05 Jun 2024 11:49:50 IST

Karnataka High Court has observed that construction of memorial of a film star cannot become subject matter of public interest litigation (PIL). It is difficult to visualise as to what public interest will be achieved by insisting on grant of land for the said purpose.

ENVIRONMENT - P&H HC: Government Asked to Submit Details of Steps Initiated to Control Fire
Wed, 05 Jun 2024 11:49:39 IST

Punjab & Haryana High Court has issued notice to the Haryana Government asking them to file a written response with regard to the fire being active at present and the steps initiated by the government to control the fire.

MOTOR VEHICLES - Kerala HC: Strict Actions to be Taken Against Illegally Modified Vehicles & Recording Video
Wed, 05 Jun 2024 11:49:26 IST

Ker. HC has issued a set of directions for the State to take strict actions under the Motor Vehicles Act of 1988, against individuals having Illegally modified vehicles and against vloggers that record videos inside driver's cabin and disrupt driver's concentration causing a threat to road users.

EDUCATION - Del. HC: Re-Admission Allowed of Student Who Failed First Term Due to Shortage of Attendance
Tue, 04 Jun 2024 15:15:18 IST

Delhi High Court has allowed the re-admission of a law student of Delhi University who had failed the first term due to failure to meet the attendance criteria.

ELECTRICITY - All. HC: Can't Disrupt Valid Elec. Connection While Replacing Overhead Wires With Underground Cables
Tue, 04 Jun 2024 15:15:07 IST

Allahabad High Court has observed that for undertaking the process of replacing overhead wires with underground cables, valid electricity connections cannot be disrupted indefinitely by the Electricity Department.

SERVICE - Ker. HC: Vacancies Can be Filled by KPSC that Arise During Validity of Rank List
Tue, 04 Jun 2024 15:14:54 IST

Kerala High Court has held that Rule 14 of the Public Service Commission Rules of Procedure empowers the Kerala Public Service Commission to fill vacancies notified as well as arising from the ranked list during its validity.

SERVICE - AFT: Military Personnel Who Refuse to Take Promotion Cadre Test Disentitled from Finan. Upgradation
Tue, 04 Jun 2024 15:14:40 IST

Armed Forces Trib. has held that if a military personnel gives unwillingness to undergo promotion cadre test or unwillingness for promotion those are to be looked at separately by competent authority & they are not entitled to financial up-gradation as per Modified Assured Career Progression Scheme.

INTELLECTUAL PROPERTY RIGHTS - Del. HC: Error in Inte. of Doctrine of 'Initial Interest Confusion' in TM Case by Forest Essentials
Tue, 04 Jun 2024 11:35:25 IST

Delhi HC while issuing notice to Baby Forest in a trademark case file by Forest Essentials has observed that the learned single-judge has erred in its interpretation of the doctrine of 'initial interest confusion' to entail persistence of confusion till a stage that the transaction is consummated.

ELECTION - ECI Directed to Ensure Appointment of Vote Counting Staff Strictly Through Prescribed Guidelines
Tue, 04 Jun 2024 11:35:13 IST

Calcutta High Court has directed the Election Commission of India (ECI) to ensure the appointment of counting staff for Lok Sabha polls 2024 strictly in accordance with guidelines laid down by the Chief Electoral Officer (CEO) of West Bengal.

CRIMINAL - MP HC: Can't Sustain Proc. Against Accomplice for Fraud When Proc. Against Principal Borrower Closed
Tue, 04 Jun 2024 11:34:57 IST

Madhya Pradesh High Court has observed that accomplices involved in the offence of fraud cannot be prosecuted once proceedings initiated against the principal borrower have been terminated.

LAW OF MEDICINE - Mad. HC: Principles of Natural Justice to be Followed While Dealing With App. for Organ Donation
Tue, 04 Jun 2024 11:34:39 IST

Madras High Court has observed that it is necessary to comply with the principles of natural justice while dealing with applications for organ donation as the rights of the patient are at stake.

CRIMINAL - Ker. HC: High Degree of Diligence Required from Authorities in Matters of Preventive Detention
Tue, 04 Jun 2024 11:34:26 IST

Ker. HC has held that diligence of a high degree is expected from authorities in cases of preventive detention as it involves curtailment of some of the most precious constitutional guarantees. An utmost expedition is essential in handling representations invoking constitutional right.

FAMILY - All. HC: Either Pay Maintenance or Undergo DNA Test to Prove Claim of Not Being the Father
Tue, 04 Jun 2024 11:34:13 IST

Allahabad High Court while observing that the interest of children should be of paramount consideration, has ordered a man to either pay maintenance or undergo a DNA test to prove his claim of not being the father of the children.

DIRECT TAXATION - Constitutional Validity of S. 71(3A) of IT Act Upheld by Delhi High Court
Mon, 03 Jun 2024 15:56:22 IST

Delhi High Court has upheld the constitutional validity of Section 71(3A) of the Income Tax Act, 1961 which was added by Section 31 of the Finance Act, 2017 and observed that the impugned legislation does not fall foul of the test of manifest arbitrariness.

ELECTION - SC Refuses to Grant Relief to YSR Congress Party Challenging Circular Relaxing Postal Ballot Norms
Mon, 03 Jun 2024 15:56:09 IST

Supreme Court has declined to entertain a petition filed by the YSR Congress Party challenging new rules for counting postal ballot votes in Andhra Pradesh that were issued by the Election Commission of India.

CIVIL - Delhi Government Approaches SC Seeking Directions for Release of Water from Haryana
Mon, 03 Jun 2024 15:55:57 IST

Delhi Government has approached the Supreme Court and sought directions for immediate release of water from Haryana to the national capital considering the prevailing heatwave conditions.

CRIMINAL - Punjab & Haryana High Court: No Bar Under JJ Act to Grant Bail to Child In Conflict with Law
Mon, 03 Jun 2024 15:55:44 IST

P&H HC has held that application for grant of anticipatory bail under section 438 of the Code of Criminal Procedure, 1973 at behest of child in conflict with law before High Court or Sessions Court is maintainable under law and said remedy is not excluded by operation of Section 12 of JJ Act, 2015.

SERVICE - Mad. HC: Sufficient Knowledge in Tamil Language A Sine Qua Non for Service in Group-IV Posts
Mon, 03 Jun 2024 15:55:31 IST

Mad. HC has upheld Govt. order mandating candidates to secure minimum qualifying marks of 40% in Tamil Paper in examination conducted by the Tamil Nadu PSC, and observed that for persons in Group-IV posts knowledge of Tamil language is a sine qua non for efficient discharge of functions and duties.

CRIMINAL - Raj HC: PP Bound to Prosecute Accused Once Application u/s 321 CrPC Rejected
Mon, 03 Jun 2024 15:55:17 IST

Rajasthan High Court has held that once an application filed for withdrawal of prosecution against the accused under Section 321 of the Code of Criminal Procedure, 1973 is rejected by the court, the Public Prosecutor (PP) becomes duty-bound to open the case for prosecution.

CIVIL - Del HC: Allow. Each Sadhu/Guru to Build Shrine/Samadhi on Public Land Will Lead to Disastrous Conse.
Mon, 03 Jun 2024 11:48:05 IST

Del HC has held that if each Sadhu, Baba, fakir or Guru in different parts of landscape is allowed to build a shrine or samadhi on public land and thereby, continue to use it for personal gains by vested interest groups, that would lead to disastrous consequences jeopardizing larger public interest.

ENVIRONMENT - Judicial Notice Taken of Soaring Temperature in Delhi by Delhi High Court
Mon, 03 Jun 2024 11:47:53 IST

Delhi HC while dealing with pleas concerning the issue of protection and management of deemed forests in the national capital, has observed that it is not far to see the day when this City may be only a barren desert, in case the present generation continues an apathetic view on the deforestation.

ARBITRATION - HP HC: Petition Not Decided Within Pre. Period Doesn't Foreclose Landlord's Right to Seek Compens.
Mon, 03 Jun 2024 11:47:41 IST

Himachal Pradesh High Court has held that if a landlord's petition under Section 3G(5) of the National Highways Act, 1956 is not decided within the prescribed period by the statutory authority, it does not foreclose his right to seek enhanced compensation.

CIVIL - All HC: UP Government Directed to Consider Framing Insurance Scheme for Lawyers Appearing for State
Mon, 03 Jun 2024 11:47:27 IST

Allahabad High Court has directed the Uttar Pradesh Government to consider framing of insurance scheme for law officers who appear for the State Government throughout the State of UP, including the High Court.

ENVIRONMENT - Ker. HC: Directions to Create Awareness Amongst Public to Prevent Dumping of Waste in Public Places
Mon, 03 Jun 2024 11:47:15 IST

Kerala High Court has issued a set of directions to create awareness amongst the public to ensure the prevention of dumping of waste in public places. Local authorities are instructed to identify and set up plastic bottle collection booths.

CIVIL - Mad HC: Cannot Doubt Donation Unless Definite Material Evidencing Passing of Consideration Available
Mon, 03 Jun 2024 11:46:57 IST

Madras High Court has observed that a statement by a donor that he/she is making the donation out of love and affection for the recipient must be taken at its face value. This averment shall be rejected if there is definite material evidencing passing of consideration.

BANKING - Del. HC: Lookout Circular Can't be Used by Bank as an Arm-Twisting Tactic to Recover Debt
Fri, 31 May 2024 15:49:39 IST

Delhi High Court has opined that after resorting to all remedies available in law, the bank cannot open a lookout circular as an arm-twisting tactic to recover debt from a person who is otherwise unable to pay, more so when there are no allegations that he was engaged in any fraud.

SERVICE - Delhi HC: Appointment of Teachers, Principals Absolute Right of Govt. Aided Minority Institutions
Fri, 31 May 2024 15:49:27 IST

Del. HC has held that so long as principals and teachers who are appointed possess prescribed qualifications and experience, there can be no restriction whatsoever on the right of the Government aided minority institutions to make appointments to fill in the vacancies in the schools run by it.

CRIMINAL - All. HC: Life Sentence of Man Who Raped 5 Year Old Girl, Modified for His 'Precarious' Financial Situ
Fri, 31 May 2024 15:49:16 IST

Allahabad High Court has modified the sentence of a man who committed rape of a five year old, from life imprisonment to 14 years of rigorous imprisonment on the ground that his family had a 'precarious' financial situation.

CRIMINAL - Kar. HC: If Source Report Makes Out Prima Facie Case, Preliminary Enquiry Isn't Mandatory
Fri, 31 May 2024 15:49:05 IST

Karnataka High Court has observed that if a source report makes a prima facie case against the accused then preliminary enquiry is not mandatory before filing a First Information Report on charges of acquisition of assets disproportionate to the accused's known source of income.

CRIMINAL - All. HC: Causing 'Annoyance to Others' A Prerequisite to Invoke Section 294 of IPC
Fri, 31 May 2024 15:48:54 IST

Allahabad High Court has observed that in order to invoke Section 294 of the Indian Penal Code, 1860, mere performance of an obscene act is not sufficient and it should also be established that the act caused annoyance to others.

LAW OF EVIDENCE - Ker HC: Onus to Bring Statement Within Ambit of Sec. 32(1) of IEA is on Party Who Wishes to Avail it
Fri, 31 May 2024 15:48:43 IST

Ker HC has observed that provisions of Section 32(1) of Indian Evidence Act, 1872 are in nature of an exception and onus of establishing the circumstances that would bring a statement within any of the exceptions contemplated by Section 32 lies clearly upon party wishing to avail the said statement.

EDUCATION - Del. HC: Repre. on Inclusive Disability Reservation in B.Sc. Nursing Program to be Considered by INC
Fri, 31 May 2024 11:12:49 IST

Del. HC has issued directions to Indian Nursing Council (INC) to address a representation that challenges Clause 8 of admission terms and conditions under Revised Regulations and Curriculum for B.Sc. (Nursing Program) Regulations, 2020 and has asked Council to decide it preferably within four weeks.

CIVIL - Delhi High Court: MCD, DDA Ordered to Frame Rules for Levying Fine on Encroachers
Fri, 31 May 2024 11:12:38 IST

Delhi High Court has ordered the Municipal Corporation of Delhi (MCD) and Delhi Development Authority (DDA) to make encroachers liable for illegal encroachment on public places and frame rules regarding the levy of fine for the same.

EDUCATION - Karnataka High Court: Provisions of RTE Act Apply to Residential Schools
Fri, 31 May 2024 11:12:28 IST

Kar. HC has held that under Section 18 of the Right of Children to Free and Compulsory Education Act, 2009 read with Karnataka RTE Rules, it is mandatory for a school other than a school established, owned and controlled by appropriate Govt. or local authority to apply for recognition under RTE Act.

ENVIRONMENT - Rajasthan High Court: Suo Motu Cognizance Taken of Heatwaves Occurring Due to Climate Change
Fri, 31 May 2024 11:12:17 IST

Rajasthan High Court has taken suo motu cognizance of heatwaves occurring due to climate change that is causing the death of citizens and directed the Central Government and the Government of Rajasthan to deal with the developing impact of the ongoing heatwave.

LAND ACQUISITION - Karnataka High Court: State Has to Pay Compensation if Money Belonging to Citizen is Retained
Fri, 31 May 2024 11:12:06 IST

Kar. HC has held that if money belonging to a citizen in his property is retained by State entities falling under Article 12, that amounts to temporary acquisition of property for which compensation has to be paid going by Article 300A jurisprudence as developed by the Apex Court.

PROPERTY - Kar. HC: Property Purchased in Auction Can't be Denied Regi. on Grounds That IT Dues are Pending
Thu, 30 May 2024 15:39:39 IST

Karnataka High Court has observed that registration of sale certificate issued to a property purchased in auction, cannot be refused on the ground that Income Tax dues are pending against the original loan borrowers.

CIVIL - Ker. HC: Modern Outlook and Break from Colonial Past is Required from the Police
Thu, 30 May 2024 15:39:28 IST

Kerala High Court while calling for modernisation of police force that includes video recording of the actions of police personnel, has observed that if an officer still believes that video recording is an obstruction to discharge of duty, then that man must be sent back to school.

CIVIL - SC Answers Whether Person Awarded Monetary Comp. But Hasn't Received it Can File Appeal as Indigent
Thu, 30 May 2024 15:39:17 IST

SC has allowed a woman to file an appeal as an indigent person on the ground that even if the compensation has been awarded to her, she has not received the amount so, at the time of filing the appeal she was arguably indigent.

CIVIL - Ker. HC: Construction of Illegal Religious Structures Cannot be Permitted on Government Land
Thu, 30 May 2024 11:45:37 IST

Ker HC has observed that construction of illegal religious structures cannot be permitted on government land as it will create religious disharmony. If one religion is allowed to erect its deity in a Government land, the other religions also will start doing the same leading to law and order issues.

MEDIA AND COMMUNICATION - Del. HC: Free Wi-fi Facility Launched by Delhi High Court for Lawyers, General Public
Thu, 30 May 2024 11:45:25 IST

Delhi High Court has launched a free Wi-Fi facility for lawyers and the general public. Apart from that the e-True Copy Application, soft-launched Delhi High Court's new website and a virtual tour of Delhi High Court - Phase-I was also launched.

CIVIL - Circular Regarding Prioritizing Cases of Litigants/Advocates with Disability, Issued by Delhi HC
Thu, 30 May 2024 11:45:14 IST

Del. HC has issued a circular that relates to priority hearing of cases of litigants/advocates with disability under Rights of Persons with Disability Act, 2016. Litigants/advocates are required to apprise registry about their ongoing cases so that they can be identified and disposed of on priority.

CONSTITUTION - Centre Starts Granting Citizenship Under CAA in West Bengal, Haryana and Uttarakhand
Thu, 30 May 2024 11:44:58 IST

Central Government has started granting citizenship under the Citizenship (Amendment) Act, 2019 (CAA) in West Bengal, Haryana and Uttarakhand. Ministry of Home Affairs has stated that the citizenships are being granted through state-level empowered committees.

INTELLECTUAL PROPERTY RIGHTS - Trademark Dispute Over 'Pe' Settled Between Phone Pe and Bharat Pe
Thu, 30 May 2024 11:44:47 IST

Digital Payment Firms 'Phone Pe' and 'Bharat Pe' have settled trademark dispute over the usage of 'Pe' as a suffix in their names. A joint statement was released by the companies announcing the withdrawal of all trademark oppositions against each other.

PROPERTY - Delhi High Court: Question of Property Title Can't be Decided by Forums Under Senior Citizens Act
Wed, 29 May 2024 15:26:15 IST

Del. HC has held that a reading of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 makes it clear that the forum under the Act does not have the jurisdiction to decide the title of the property and the purpose of the Act is to ensure the welfare of Senior Citizens.

CIVIL - Guidelines Issued by Delhi High Court for Trial Court Judges to Decide Transfer Applications
Wed, 29 May 2024 15:26:05 IST

Delhi High Court has issued guidelines required to be followed in the national capital by Principal District & Sessions Judges while dealing with transfer applications filed before them.

CRIMINAL - Jh. HC: Can't Cancel Bail Unless There is Violation of Bail Conditions or Accused Impedes Fair Trial
Wed, 29 May 2024 15:25:53 IST

Jharkhand High Court has held that bail once granted to an accused person cannot be cancelled unless he violates the condition of the bail or does any act, deed, or thing to impede a fair trial of the case concerned.

CIVIL - Kar. HC: De-Nomination of Chairman of Minorities Commission by Govt. Before Term is Not Arbitrary
Wed, 29 May 2024 15:25:42 IST

Kar. HC has observed that Chairman of Karnataka State Minorities Commission is nominated under Section 4 of Karnataka State Minorities Commission Act, 1994 and indicates that it is at the pleasure of State to denominate him. Such de-nomination cannot be questioned on the ground that it is arbitrary.

SERVICE - Kar HC: Disciplinary Authority Must Look Into Past Conduct of Workman While Passing Dismissal Order
Wed, 29 May 2024 11:28:43 IST

Karnataka High Court has observed that the disciplinary authority, while taking into consideration the findings of the inquiry officer and passing the order of penalty, is required to look into the past conduct of the workman.

CRIMINAL - Meghalaya High Court: In a Sacred Relationship, Husband is the Property of the Wife and Vice Versa
Wed, 29 May 2024 11:28:29 IST

Meghalaya HC while modifying murder conviction of a man for causing death of his wife's paramour, has observed that in a sacred relationship, the husband is the property of the wife and vice versa and if one betrays the other, this type of incident will take place due to sudden provocation/emotion.

CRIMINAL - P&H HC: Presence of Magistrate Mandatory to Prove Compliance With Section 52A of the NDPS Act
Wed, 29 May 2024 11:28:18 IST

P&H HC while acquitting a man in a drugs case, has observed that, for proper compliance with Section 52A of Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) presence of a Magistrate is mandatory and merely showing sample was drawn in presence of Gazetted Officer is not sufficient.

LAW OF EVIDENCE - Ker. HC: Facts Indicating Special Knowledge Must be Estd. by Prosecution to Shift Burden of Proof
Wed, 29 May 2024 11:28:07 IST

Kerala High Court has observed that facts indicating special knowledge must be established by the prosecution to shift the burden of proof on the accused under Section 106 of the Indian Evidence Act, 1872.

CIVIL - Del HC: Nodal Authority Appointed for Drafting Procedure to Prevent Tree Felling in North Campus, DU
Tue, 28 May 2024 15:02:34 IST

Delhi Government's Chief Secretary has been appointed by the Delhi High Court as the nodal officer to draft procedure for preventing the felling of trees or transplantation of trees in the North Campus of Delhi University in order to expand or develop its infrastructure.

CIVIL - Ker. HC: Baseless Apprehensions That Lawyer Will Act Illegally Should Not be Made by Courts
Tue, 28 May 2024 15:02:24 IST

Ker. HC has observed that Court is not expected to form an apprehension without any foundation that lawyer may do illegal acts during course of his profession. Issuing any proceedings or directions by court of law without any foundation on the apprehension is interference in the right to practice.

LAW OF EVIDENCE - Ker. HC: Independent Evidence of Accomplice Sufficient in Itself to Sustain Conviction
Tue, 28 May 2024 15:02:13 IST

Ker. HC has observed that independent evidence of accomplice should, in itself, be sufficient to sustain conviction. What is required is that there is additional evidence rendering probable evidence of accomplice is true, and it is reasonably safe to act upon it to hold accused has committed crime.

INTELLECTUAL PROPERTY RIGHTS - Plea by Moti Mahal in Delhi High Court for Cancellation of Daryaganj Restaurant's Trademark
Tue, 28 May 2024 11:19:58 IST

Moti Mahal restaurant has filed a plea in the Delhi High Court seeking the cancellation of the Daryaganj restaurant chain's trademark. The challenge has been made to the registered trademark "Daryaganj: By The Inventors of Butter Chicken & Dal Makhani" in favour of the restaurant.

CRIMINAL - Kerala High Court: Court Granting Bail Can Cancel it, if Conditions are Violated
Tue, 28 May 2024 11:19:48 IST

Kerala High Court has held that the legal position is settled that when a Court grants bail after imposing conditions, violation of any of the conditions in a bail order would lead to cancellation of bail by invoking power under Section 439 (2) of the Code of Criminal Procedure, 1973.

CRIMINAL - Allahabad HC: Police Officials Duty Bound to Produce Accused Before Court
Tue, 28 May 2024 11:19:37 IST

Allahabad High Court has observed that the police authority cannot make a statement before the Court that accused persons are not traceable. It is the duty of the police to find out the accused persons where they are in India and produce them before the Court concerned.

CIVIL - Kar. HC: Service Charge Cap on App-Based Auto Rides Upheld
Tue, 28 May 2024 11:19:26 IST

Karnataka High Court while dismissing petitions challenging the fixation of service charge collected by app-based cab aggregators for auto rickshaw rides, has upheld the notification directing collection of 5% service charge.

CIVIL - Mobile e-Sewa Kendra on Bharat Benz Minibus Launched by Kerala High Court
Tue, 28 May 2024 11:19:15 IST

Kerala High Court has launched a mobile e-sewa Kendra in the Idukki district which could be the first of its kind in India with a Bharat Benz minibus housing computer facilities and aims at enhancing accessibility to the judicial system by bridging the digital divide.

CRIMINAL - Delhi High Court: Victim Cannot Seek Right to be Impleaded in Criminal Revision
Mon, 27 May 2024 15:39:55 IST

Delhi High Court has observed that the victim/complainant has a right to be heard in the revision proceedings, such right does not upscale itself to a right to be impleaded in the said criminal revision.

CRIMINAL - Bom. HC: One-Week Bail Granted to Life Convict to Appear in Entrance Test
Mon, 27 May 2024 15:39:44 IST

Bombay High Court has granted one-week temporary bail to a convict serving a life sentence and allowed him to appear in the Maharashtra Common Entrance Test for admission to the five-year law course.

SERVICE - Cal HC: Death to be Presumed of Employee Untraceable for 7 Years, Heirs Entitled to Terminal Benefit
Mon, 27 May 2024 15:39:33 IST

Calcutta High Court has held that the law is well settled that in case a person is untraceable for more than seven years, his death may be presumed, making the legal heirs of the employee entitled to terminal benefits.

ARBITRATION - All. HC: Extension of Limitation Under A&C Act Can't be Sought if Party Aware of Contents of Award
Mon, 27 May 2024 15:39:22 IST

Allahabad High Court has held that if a party seeking extension of limitation by application of Section 31(5) of the Arbitration and Conciliation Act, 1996 (A&C Act) is aware of the contents of the unsigned award, in such situation limitation period cannot be extended.

CIVIL - Uttarakhand High Court's Order for its Relocation Outside Nainital, Stayed by Supreme Court
Mon, 27 May 2024 11:48:28 IST

Supreme Court has stayed Uttarakhand High Court's order asking the State to look for a suitable place outside Nainital, to shift their premises. High Court highlighted that the step needs to be taken in the larger public interest.

CIVIL - Delhi HC: Sensitization of Trial Court Judges Required in Pronouncing Judgements on Conviction
Mon, 27 May 2024 11:48:18 IST

Del. HC has observed that judgments on conviction should only be pronounced when they are ready for pronouncement and where judges convict accused and take them into custody they should immediately supply a copy, free of cost, to the accused for availing remedies available to them according to law.

INSOLVENCY - Del. HC: Requisite Documents Forming Basis of Show Cause Notice Must be Provided to the Party
Mon, 27 May 2024 11:48:07 IST

Delhi High Court has observed that all the requisite documents that form the basis of Show Cause Notices by the banks must be provided to the concerned party in order to enable such party to submit a proper reply to answer all the allegations raised against it.

CRIMINAL - Delhi High Court: Material on Which Prosecution Bases its Case Cannot be Disclosed in Parts
Mon, 27 May 2024 11:47:56 IST

Delhi HC has observed that prosecution cannot disclose the material on which it bases its case in parts as requirement of full disclosure is an extremely valuable right and an essential feature of the right to a fair trial as it enables the accused to prepare for the trial before its commencement.

CIVIL - Suo Motu Cognizance Taken by Gujarat High Court of Fire Accident at TRP Gaming Zone in Rajkot
Mon, 27 May 2024 11:47:46 IST

Guj HC has taken suo motu cognizance of the tragic fire at TRP Game Zone in Rajkot which caused death of at least 27 people and observed that apart from having constructed such game zones, they have been put to use apparently according to our information through newspaper report, without permission.

CRIMINAL - Supreme Court: Bail Matters Should Rest and End With High Courts
Fri, 24 May 2024 15:19:00 IST

While expressing its opinion regarding involvement in bail matters, the Supreme Court has observed that it should not get involved in bail matters and it is the High Court with which the bail matters should rest and end.

CRIMINAL - SC: Can't Treat Prosecution's Version as Gospel Truth in POCSO Cases
Fri, 24 May 2024 15:18:49 IST

SC has observed that merely, because Section 29 of the POCSO Act provides for a statutory presumption of guilt of the accused, the same does not bind Courts to accept prosecution version as gospel truth and discretion in relation to grant of bail is still to be exercised considering facts of case.

ELECTION - SC: No Direction to ECI to Publish Info. Regarding Disclosure of Final Data of Voter Turnout
Fri, 24 May 2024 15:18:38 IST

Supreme Court while hearing an application by the NGO Association for Democratic Reforms has refused to pass any interim order directing the Election Commission of India (ECI) to disclose information regarding final authenticated data of voter turnout in all polling stations.

EDUCATION - BCI Issues Circular Regarding Implementation of Set of Reforms in Legal Education
Fri, 24 May 2024 15:18:28 IST

BCI has issued a circular to all Centres of Legal Education regarding implementation of set of reforms in legal education that should be made effective immediately. The reforms majorly relate to introduction of new subjects in legal education, use of bilingual language, integration of mediation.

CRIMINAL - Ker. HC: Can't Recall Child Witness to Fill Up Lacuna and Omission in Evidence of Accused
Fri, 24 May 2024 15:18:16 IST

Kerala High Court has held that as per the Protection of Children from Sexual Offences Act, 2012 accused cannot recall a child witness for cross-examination in order to fill the lacuna in evidence or to fill up the omission at the instance of the counsel for the accused.

CRIMINAL - SC: Can't Set Aside Conviction if Statement of Accused Not Used for Evidence While Cross-Examination
Fri, 24 May 2024 11:18:40 IST

SC has observed that the conviction of an accused cannot be set aside if the accused's statement recorded under Section 313 of the Code of Criminal Procedure, 1973 is not put to use in evidence by the accused in the form of suggestion while conducting the cross-examination the prosecutrix.

PROPERTY - All. HC: Cost Imposed on Party for Filing False Affidavit Before Authority to Grab Widow's Property
Fri, 24 May 2024 11:18:29 IST

All. HC has imposed a cost of Rs. 50,000 on a party for filing false affidavit before various quasi-judicial authorities in order to grab the land of a widow and observed that the petitioners not only cheated or deceived the widow lady but also mislead the Courts and concealed the relevant facts.

CIVIL - ChatGPT Used by Manipur High Court for Research to Pass Order
Fri, 24 May 2024 11:18:17 IST

Manipur High Court has stated that it used ChatGPT to research in a service matter related to removal from service of Village Defence Force (VDF) personnel.

CIVIL - MP HC: Can Allow Filing of WS Beyond Limitation Period if Exceptional Circumstances are Made Out
Fri, 24 May 2024 11:18:07 IST

Madhya Pradesh High Court while hearing a petition against closure of right of petitioner to file Written Statement (WS), has observed that it would be open to the Court to permit the petitioners or defendants to file written statement if exceptional circumstances have been made out.

CRIMINAL - Delhi High Court: Man Held Guilty of Criminal Contempt for Posting Video Defaming Judges
Thu, 23 May 2024 15:09:46 IST

Delhi High Court has held a man guilty of criminal contempt under the Contempt of Courts Act, 1971 for posting a video on social media platform that defamed the judges by claiming that they were doing illegal acts.

BANKING - MP HC: ?20 Lakh Minimum Threshold for Loan Recovery by NBFCs Not Applicable on HFCs
Thu, 23 May 2024 15:09:35 IST

MP HC has held that Housing Finance Companies (HFCs) can invoke the SARFAESI Act, 2002 even when the loan amount is less than ?20 Lakhs and the minimum threshold of ?20 Lakhs for loan recovery by Non-Banking Financial Companies (NBFCs) is not applicable on them.

CIVIL - Financial Assistance Scheme for District Judiciary Employees Introduced by CJ of Madras HC
Thu, 23 May 2024 15:09:24 IST

Chief Justice (CJ) of Madras High Court has launched the Chief Justice Relief Fund Scheme for district judiciary employees which is a subscription based welfare scheme likely to benefit around 21,000 employees of the district judiciary across Tamil Nadu after their retirement.

CRIMINAL - Cal. HC: POSH Committee to Re-Consider Complaint Dismissed for Being Barred by Limitation
Thu, 23 May 2024 15:09:13 IST

Cal HC has directed a POSH committee to reconsider a complaint that was dismissed by it on ground of limitation and observed that question of limitation is a mixed question of law & fact therefore, issue of limitation could not have been decided by the committee at threshold stage without evidence.

CONSTITUTION - OBC Certificates Issued In West Bengal After 2010 Cancelled by Calcutta High Court
Thu, 23 May 2024 11:46:17 IST

Cal HC has cancelled all Other Backward Classes (OBC) certificates issued in State of West Bengal after 2010 & also set aside classification of 37 communities of OBCs under WB Backward Classes (Other than Scheduled Castes & Scheduled Tribes) (Reservation of Vacancies in Services & Posts) Act, 2012.

EDUCATION - Delhi High Court: Centenary Chance Exams of Delhi University Not a Matter of Right
Thu, 23 May 2024 11:46:06 IST

Del. HC has observed that Centenary Chance Exams are not a matter of right. Neither did candidates, who had failed to clear papers within maximum span period of the course have a right to seek a further chance to clear papers, nor did Delhi University have any obligation to provide any such chance.

CRIMINAL - Ker. HC: To Seek Investigation u/s 156(3) of CrPC, Pre-Conditions Have to be Satisfied
Thu, 23 May 2024 11:45:55 IST

Kerala HC has held that where investigation under Section 156(3) of the Code of Criminal Procedure, 1973 (CrPC) is sought, it is necessary to satisfy the pre-condition of filing applications under Section 154(1) and 154(3) of the Code of Criminal Procedure, 1973.

MOTOR VEHICLES - Kar HC: State to Not Take Action Against Old Vehicles For High-Security Number Plates Till June 12
Thu, 23 May 2024 11:45:44 IST

Karnataka State Government has submitted an undertaking in the Karnataka High Court that no precipitative action shall be taken by the Government in matters relating to the fixation of High-Security Registration Plates to vehicles in Karnataka, till June 12.

CRIMINAL - SC: Jharkhand CM Hemant Soren's Withdraws Petition Challenging His Arrest by ED
Wed, 22 May 2024 15:11:43 IST

Former Chief Minister of Jharkhand Hemant Soren has withdrawn his plea challenging his arrest by the Enforcement Directorate (ED) in a money laundering case after the Supreme Court showed clear disinclination towards entertaining the plea.

LABOUR AND INDUSTRIAL - SC: Can't Deny Permanent Status to Workmen Who Worked Without Interruption for 480 Days in 24 Months
Wed, 22 May 2024 15:11:32 IST

SC has held that if workmen have worked without interruption for more than 480 days in 24 months in a commercial establishment engaged in activities other than construction activities being undertaken for monetary gain, Tamil Nadu Medical Services Corporation cannot deny permanent status to them.

LAW OF MEDICINE - Del. HC: Donor/Recipient to be Informed Via WhatsApp/Email about Deficie. in Organ Transplant Docs.
Wed, 22 May 2024 15:11:21 IST

Del HC has clarified that whenever communication needs to be given to either the donor or recipient regarding deficiencies in documentation or procedural formalities, a communication shall be sent by email or WhatsApp to the donor or recipient or any of their close relatives.

CIVIL - All. HC: Police Protection Ordered for a Man Involved in a Live-in Relationship With a Transwoman
Wed, 22 May 2024 15:11:10 IST

Allahabad High Court has ordered police protection for a man involved in a live-in relationship with a transwoman and observed that the right of free choice is the soul of liberty and the most cherished and dominant characteristic of any free society.

ARBITRATION - All. HC: Juris. While Dealing With S.34 App. Can't be Disputed by Party Filing S.9 App. in One Court
Wed, 22 May 2024 15:10:59 IST

All. HC has held that if a party has filed an application under Section 9 of A&C Act, 1996 before one court then objection regarding territorial jurisdiction cannot be raised by the party in dealing with application arising out of same arbitration agreement in view of Section 42 of the Act.

SERVICE - SC: PwD Allowed to Attend Interview if They Have Got Minimum Marks Prescribed For SC/ST Categories
Wed, 22 May 2024 11:40:29 IST

Supreme Court while granting an interim relief, has passed an order allowing persons with disabilities (PwD) to appear in the interview for appointment to judicial services if they have secured minimum marks as provided for the SC/ST categories.

CIVIL - Supreme Court: If the Presence of Litigant is Required, Courts Should Allow Them to Appear Virtually
Wed, 22 May 2024 11:40:17 IST

Supreme Court while granting relief to a litigant suffering from ailments from personally appearing in the Court, has observed that if there is a facility in the Court to appear through a virtual mode then personal appearance of the litigant can be sought using such medium.

CIVIL - Del. HC Quashes Order Upholding Arbitral Award Directing SpiceJet to Pay ?270 Cr. to Kalanithi Maran
Wed, 22 May 2024 11:40:04 IST

Delhi High Court has set aside an order that upheld an arbitral award, directing SpiceJet and its chairman, Ajay Singh to pay an amount of ? 270 Crores to Kalanithi Maran and his company, KAL Airways.

FAMILY - P&H HC: Conviction of Wife for Killing Minor Son Amounts to Cruelty; Grant of Divorce Upheld
Wed, 22 May 2024 11:39:52 IST

Punjab and Haryana High Court while observing that the conviction of the wife for killing her minor son amounts to mental cruelty to the husband, has upheld divorce granted to the husband.

CRIMINAL - Ker. HC: Right of Accused to Seek Speedy Testing of Seized Drugs/Substances Under NDPS Rules, 2022
Wed, 22 May 2024 11:39:41 IST

Ker HC has observed that accused has right to seek speedy testing of seized drugs/substances under Rule 14 of NDPS (Seizure, Storage, Sampling and Disposal) Rules 2022 and directed State/Regional Forensic Science Laboratories in State to submit chemical analysis reports within specified time frame.

CRIMINAL - Supreme Court: Benefit of Section 436A CrPC Extends Even to Accused Under PMLA
Tue, 21 May 2024 15:15:21 IST

Supreme Court has held that Section 436A of the Code of Criminal Procedure, 1973 (CrPC) will apply even to a case under the Prevention of Money Laundering Act, 2002 (PMLA) but the Court can still deny the relief owing to the ground such as where the trial was delayed at the instance of the accused.

NARCOTICS - Supreme Court: Can't Order Confiscation of Vehicle Without Hearing its Registered Owner
Tue, 21 May 2024 15:15:11 IST

SC has observed that the plain reading of Section 63 of the Narcotic Drugs and Psychotropic Substances Act, 1985 indicates that the court cannot order confiscation of an article until the expiry of one month from the date of seizure or without hearing any person who may claim any right thereto.

CRIMINAL - Allahabad High Court: Taunting a Person for Giving Less Dowry Not a Penal Offence
Tue, 21 May 2024 15:15:00 IST

Allahabad High Court has held that the law contemplates the demand of dowry as punishable, however, the taunting for giving less gifts by itself is not a penal offence.

CRIMINAL - SC: Comments to be Made Within Public View to Punish Person for Casteist Insults Under SC/ ST Act
Tue, 21 May 2024 11:38:43 IST

Supreme Court has observed that in order to decide a complaint under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, the allegation of insult made needs to satisfy the requirement of having been made in public view.

ELECTRICITY - Supreme Court: SEZ Developers Must Apply for Recognition and be Scrutinized
Tue, 21 May 2024 11:38:32 IST

SC has observed that a SEZ developer is required to make an application as per AP Electricity Regulatory Commission (Distribution Licence) Regulations, 2013 as it does not ipso facto confer status of "deemed distribution licensee" without any scrutiny and without being under requirement to apply.

CRIMINAL - Supreme Court: Court Which Granted Bail Can Cancel it if Serious Allegations Made
Tue, 21 May 2024 11:38:19 IST

SC has observed that if there are serious allegations against accused, bail can be cancelled by same Court that has granted it, even if accused has not misused bail granted to him. It can also be revoked by a superior Court if it transpires that courts below have ignored relevant material available.

CIVIL - SC: Centre Recommended to Frame Comprehensive Sentencing Policy
Tue, 21 May 2024 11:38:06 IST

Supreme Court has recommended the Central Government to consider introducing a comprehensive policy, by way of getting an appropriate report from a duly constituted Sentencing Commission. The Court further requested the Centre to respond to the suggestion made within a period of six months.

ARBITRATION - All HC: High Court Appointing Arbitrator has Power to Extend Arbitrator's Mandate u/s 29A of A&C Act
Tue, 21 May 2024 11:37:55 IST

Allahabad HC has held that if an arbitrator is appointed by the High Court under Section 11 of the Arbitration and Conciliation Act, 1996 (A&C Act) then the High Court shall have the jurisdiction to extend the mandate of the Arbitrator under Section 29 of the Arbitration and Conciliation Act, 1996.

CIVIL - All. HC: Collector Being Quasi-Judicial Authority Has No Statutory Power to Review/Recall Order
Tue, 21 May 2024 11:37:44 IST

All HC has held that Collector (Stamp) cannot recall or review his own order as no such power has been conferred under Section 47-A of Indian Stamp Act, 1899. A quasi-judicial authority is limited in its functionality and has to act within four corners of statute from which it derives its authority.

CRIMINAL - SC: Conviction for Stalking Quashed Due to Marriage Between Convict and Complainant
Mon, 20 May 2024 15:27:08 IST

The conviction of a man for offence of stalking under Section 354D of the Indian Penal Code, 1860 was quashed by the Supreme Court on the ground that during the pendency of the appeal the convict and the complainant got married to each other.

ELECTRICITY - All HC: SI Fixed at 6% p.a On Excess/Less Determination of Provi. Tariff Ultra Vires Electricity Act
Mon, 20 May 2024 15:26:55 IST

All HC has struck down Regulation 5A of Central Electricity Regulatory Commission (Terms and Conditions of Tariff) (First Amendment), Regulations, 2006 as ultra vires the Electricity Act,2003, to extent of providing simple interest of 6% per annum on excess/ less determination of provisional tariff.

SERVICE - All HC: S. 33-G UP Sec. Education Act a Benefi. Prov. for Teachers Serving for More Than 2 Decades
Mon, 20 May 2024 15:26:44 IST

All. HC observed that provisions contained under Section 33-G of Uttar Pradesh Secondary Education (Service Selection Boards) Act, 1982 is a beneficiary scheme launched by State looking into plight of teachers who were serving for more than 2 decades and whose service conditions were not regulated.

CRIMINAL - P&H HC: Bail Petition Rejected of Travel Agent Accused of Defrauding a Man for Processing Visa
Mon, 20 May 2024 15:26:31 IST

P&H HC while rejecting petition for bail of accused who defrauded a man by taking Rs.50 lakhs to process visa to send his children to Canada for employment, has observed that these criminals not only play with the lives of victims but are working against the development of society.

CRIMINAL - Supreme Court: Can't Apply CrPC Retrospectively to Jammu & Kashmir Before 31.10.2019
Mon, 20 May 2024 11:55:46 IST

SC has observed that the Code of Criminal Procedure, 1973 would come into effect only from the appointed day, and therefore has no retrospective application. To make it clear the act shall be pressed into service from 31.10.2019 onwards, and thus certainly not before the appointed day.

PROPERTY - SC: Full Ownership of Property Under S.14 (1) Can be Claimed by Hindu Woman Only if She Possesses it
Mon, 20 May 2024 11:55:29 IST

Supreme Court has held that for establishing full ownership on the undivided joint family estate under Section 14(1) of the Hindu Succession Act, 1956 the Hindu female must not only be possessed of the property but she must have acquired the property.

CIVIL - Constitution Bench Judgment Not Considered, Supreme Court Recalls Judgement Passed in 2022
Mon, 20 May 2024 11:55:18 IST

Supreme Court while recalling its judgement passed in 2022, has observed that ignoring the law laid down by the Constitution Bench and taking a view totally contrary to it, itself would amount to a material error, manifest on face of order and would undermine its soundness.

INTELLECTUAL PROPERTY RIGHTS - Del. HC: Entities Restrained from Infringing Personality Rights of Actor Jackie Shroff
Mon, 20 May 2024 11:55:06 IST

Delhi High Court has restrained various entities from infringing the personality and publicity rights of Bollywood actor Jackie Shroff by utilizing or misappropriating his name and other sobriquets including "JACKIE", "JAGGU DADA", his voice and image for any commercial purpose without his consent.

NARCOTICS - Bom HC: Authorisation to Export Necessary Even if Exporter has License to Sell Drugs for Med. Purpose
Mon, 20 May 2024 11:54:53 IST

Bom. HC has observed that use of terms 'license', 'authorization, disjunctively, indicates that these terms have not been used interchangeably and under Section 8(c) of NDPS Act, 1985 export of a psychotropic substance sans license, permit or authorization is expressly prohibited.

TRUSTS AND SOCIETIES - Mad. HC: Ritual of Devotee Rolling Over Leaves on Which Food Was Eaten by Others, Allowed
Mon, 20 May 2024 11:54:41 IST

Mad. HC has allowed a person to perform ritual of rolling over leaves on which food was eaten by others and observed that if right to privacy includes sexual and gender orientation, it certainly includes one's spiritual orientation also which can be expressed in the manner the individual deems fit.

DIRECT TAXATION - ICAI Rule Limiting Number of Tax Audits by Chartered Accountants Every Year Upheld by Supreme Court
Fri, 17 May 2024 15:24:22 IST

Supreme Court has upheld the rule that has been issued by the Institute of Chartered Accountants of India (ICAI) that bars Chartered Accountants from accepting more than the specified number of tax audit assignments in a financial year.

CRIMINAL - SC: Can't Charge Friends/Relative for Offence of Bigamy by Mere Presence in Second Marriage
Fri, 17 May 2024 15:24:10 IST

SC has observed that perusal of the penal provision would indicate that order framing charge against friends/relatives for bigamy is erroneous because no person other than spouse to second marriage could have been charged for the offence punishable under Section 494 Indian Penal Code, 1860.

SERVICE - Recommendations Made by Gujarat HC for Promotions of Judicial Officers Upheld by Supreme Court
Fri, 17 May 2024 15:23:58 IST

Supreme Court while dismissing the challenge to the merit list, has upheld the promotion of Senior Civil Judges to the 65% promotion quota of District Judges based on merit-cum-seniority principle that was recommended by the High Court of Gujarat.

CIVIL - Supreme Court: Union Directed to Deport 17 Foreigners in Assam's Transit Camps
Fri, 17 May 2024 15:23:47 IST

Supreme Court has directed the Central Government to take immediate steps regarding the deportation of 17 foreigners detained in transit camps of Assam against whom no criminal charges were established.

CUSTOMS - Cal. HC: Can't Say Retracted Statement to be Involuntary Without Being Examined by Court
Fri, 17 May 2024 15:23:35 IST

Calcutta High Court has held that if the court is of the view that the statement recorded was not admissible on account of the retraction, that by itself cannot render the statement as involuntary. The duty casts upon the court to examine the correctness of the validity of the retraction.

ELECTION - Karnataka HC: Can't Provide Free Bus Service to Enable Voters to Reach Polling Booth
Fri, 17 May 2024 15:23:23 IST

Karnataka High Court has observed that free bus services cannot be provided to enable voters to reach polling booths and stated that the Chief Election Commissioner is not empowered to issue such directions either to the state government or the heads of the Public Transport Corporation.

CIVIL - Gau. HC Declares Levy of Court Fee at the rate of 7% for Grant of Probate as Unconstitutional
Fri, 17 May 2024 15:23:12 IST

Gau. HC has declared Article 11 of Schedule I of Court Fee (Amendment) Act, 1950 as unconstitutional in respect of levy of court fee for grant of probate or letter of administration at the rate of 7% ad valorem where value of properties exceeds Rs.5 Lakhs without there being any upper limit fixed.

SERVICE - SC: Employees Filing Writ Petitions Against Air India After its Privatisation, Not Maintainable
Fri, 17 May 2024 11:55:46 IST

Supreme Court has observed that the writ petitions, although maintainable on the dates they were instituted, have ceased to be maintainable by reason of privatisation of Air India Limited which takes it beyond their jurisdiction to issue a writ or order or direction to it.

PROPERTY - Supreme Court Explains 7 Sub-Rights that Must be Protected by State During Land Acquisition
Fri, 17 May 2024 11:55:35 IST

SC has explained 7 sub-rights State must protect during land acquisition that include Right to Notice, Right to be Heard, Right to Reasoned Decision, Duty to Acquire Only for Public Purpose, Right of Restitution/Fair Compensation, Right to Efficient and Expeditious Process and Right of Conclusion.

CRIMINAL - SC: Accused Can't be Arrested by ED After Special Court has Taken Cognizance of PMLA Complaint
Fri, 17 May 2024 11:55:23 IST

SC has observed that after cognizance is taken of offence punishable under Prevention of Money Laundering Act, 2002 (PMLA) based on a complaint under Section 44, Enforcement Directorate (ED) is powerless to exercise powers under Section 19 to arrest the person shown as accused in the complaint.

CONSTITUTION - SC: UP Anti-Conversion Law May Seem to be Violating Article 25 of Constitution of India
Fri, 17 May 2024 11:55:12 IST

Supreme Court while hearing petitions on alleged forceful religious conversions, has observed that the Uttar Pradesh Anti-Conversion Law in some part may seem to be violative of Article 25 of Constitution of India.

CRIMINAL - SC: No Need for PMLA Acc. to Fulfill S. 45 Conditions When Furnis. Bond After Appearing Before Court
Thu, 16 May 2024 15:30:00 IST

SC has observed that if accused appears before Special Court pursuant to summons, it cannot be treated that he is in custody. Therefore, it is not necessary for the accused to fulfill the twin conditions of Section 45 of the Prevention of Money Laundering Act, 2002 (PMLA) while furnishing bonds.

CRIMINAL - SC: Can't Consider Payment of Compensation A Factor to Reduce Sentence of Convict
Thu, 16 May 2024 15:29:47 IST

SC has held that in criminal proceedings courts should not conflate sentence with compensation to victims. Sentences such as imprisonment and/or fine are imposed independently of any victim compensation and thus, the two stand on completely different footing, either of them cannot vary the other.

CIVIL - Allahabad High Court: Can't Allow Petition for Expeditious Disposal of Cases on Regular Basis
Thu, 16 May 2024 15:29:36 IST

All HC has observed that trial courts are burdened with heavy dockets and directions cannot be passed routinely to trial court to decide any case expeditiously. When some extraordinary circumstance is made out only then it would be appropriate for Courts to exercise its extraordinary jurisdiction.

CRIMINAL - Kerala High Court: Power to Add Charges Remains With Court, Can't be Done at Behest of Parties
Thu, 16 May 2024 15:29:26 IST

Ker. HC has held that request for addition of the charge under Section 370 Indian Penal Code, 1860 (IPC), as it stood prior to 2013, cannot be made at instance of prosecution. An addition of charge has to be done by Court based upon its own satisfaction and not at the behest of parties to the trial.

CRIMINAL - Supreme Court: Difference Between 'Reasons of Arrest' and 'Grounds of Arrest' Stated
Thu, 16 May 2024 11:06:56 IST

SC explained difference between reasons of arrest and grounds of arrest and stated that reasons of arrest would apply to any person arrested on charge of a crime whereas grounds of arrest would be required to contain all details in hand of Investigating Officer which necessitated arrest of accused.

CRIMINAL - Supreme Court: Written Grounds of Arrest Must be Given to the Accused in UAPA Cases Too
Thu, 16 May 2024 11:06:44 IST

SC has held that the ratio laid down in the case of Pankaj Bansal vs. Union of India (UOI) and Ors. (MANU/SC/1076/2023; 2023 INSC 866) that mandated supply of grounds of arrest in writing to the accused shall also apply to the cases registered under the Unlawful Activities (Prevention) Act 1967.

LAW OF MEDICINE - Plea to Terminate 30 Weeks Pregnancy Dismissed, SC Talks About Right to Life of Child in Womb
Thu, 16 May 2024 11:06:32 IST

Supreme Court while dismissing a petition to terminate thirty weeks of pregnancy on the ground that there were neither foetal abnormalities diagnosed nor there was any threat to the life of the mother, has observed that the child in the womb also has a fundamental right to live.

CIVIL - Supreme Court: Cannot Allow Wrong Doers to Make Profit Out of Their Own Wrongs
Wed, 15 May 2024 15:10:14 IST

Supreme Court has restated that an individual cannot be allowed to take benefit from his own wrong and that a person who prevents a thing from being done shall not avail himself of the non-performance he has occasioned.

CONTEMPT OF COURT - NCDRC Cautioned by Supreme Court: Hierarchy of Judiciary Must Be Respected
Wed, 15 May 2024 15:10:04 IST

SC has closed contempt proceedings against two members of NCDRC who ignored order of Supreme Court while issuing non-bailable warrants and observed that hierarchy of judiciary needs to be respected and that order passed by this Court will bind NCDRC and judicial officers.

CRIMINAL - All HC: No Bar on Anticipa. Bail to Accused Booked u/s 376(3) IPC through UP Amend. to S. 438 CrPC
Wed, 15 May 2024 15:09:53 IST

All. HC has held that the Criminal Procedure Code (Uttar Pradesh Amendment) Act, 2018 through which provision of anticipatory bail has been revived in the State, does not bar grant of pre-arrest bail to accused booked for an offence under subsection (3) of Section 376 Indian Penal Code, 1860.

PROPERTY - SC: Person Purchasing Prop. Knowing About Appeal Pendency Can't Claim Restit. as Bona Fide Purchaser
Wed, 15 May 2024 11:11:11 IST

SC has observed that if it is shown that the purchaser was aware of the pending appeal against the decree when he purchased the property, it would be inappropriate to term him as a bona fide purchaser and give him protection against restitution.

CONSUMER - SC: Reconsideration Required of the Judgement That Brought Doctors Under Consumer Protection Act
Wed, 15 May 2024 11:11:00 IST

Supreme Court while deciding whether advocates can be held liable under the Consumer Protection Act, 1986, has observed that the judgement that brought doctors under the Consumer Protection Act, 1986 also requires reconsideration.

CRIMINAL - Del. HC: Father Held Guilty of Repeatedly Raping Minor Daughter for 2 Years, Acquittal Reversed
Wed, 15 May 2024 11:10:50 IST

Del. HC has reversed acquittal of a man guilty of raping his minor daughter repeatedly and observed that neither victim nor her mother could muster enough courage and report the incident to the police and if they had immediately rushed to police, victim might have been saved from perpetual trauma.

ARBITRATION - AP HC: App. u/s 11(6) Can Only be Maintained if Parties Fail to Refer Dispute to Arbi. Even After Not
Wed, 15 May 2024 11:10:39 IST

AP HC has held that, for maintaining an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 it is required to be shown that parties have failed to act as per the provision and have failed to refer the dispute to the Arbitrator even after a notice has been served.

CONSUMER - SC: Cannot Make Advocates Liable for Deficiency of Service Under Consumer Protection Act, 1986
Tue, 14 May 2024 15:08:27 IST

SC has held that advocates cannot be made liable for deficiency of service under the Consumer Protection Act, 1986 as re-enacted in 2019 and observed that there is nothing in the Act to suggest that legislature ever intended to include professions or professionals within its purview.

ENVIRONMENT - SC: Authorities Directed to Take Immediate Measures Regarding Municipal Solid Waste in Delhi
Tue, 14 May 2024 15:08:15 IST

SC has directed several authorities to ensure that till the time proper facilities for processing waste are in place, quantity of untreated municipal solid waste does not increase in Delhi. The court further asked authorities to consider putting restraint on construction activities as a solution.

INTELLECTUAL PROPERTY RIGHTS - Del. HC: In-Mall Marketing Campaigns Also Advertisements, HUL Restrained from Comparing Products
Tue, 14 May 2024 15:08:03 IST

Del. HC has restrained Hindustan Unilever Ltd. from comparing its Ponds products with Nivea for advertising or marketing activity and observed that activity undertaken either expressly or by implication or association is misleading and disparaging, and can cause irreversible prejudice to plaintiff.

SERVICE - Andhra Pradesh HC: Cannot Cancel Selection Process in Absence of Valid, Bonafide Reasons
Tue, 14 May 2024 15:07:53 IST

AP HC has held that it is settled that mere participation in the selection process does not give any indefeasible right to a candidate to get appointed and the selection can be cancelled by giving proper reasons and justification and not arbitrarily.

CRIMINAL - SC: Delay in Reporting Seizure Report to Magistrate Won't Vitiate Act of Seizure by Police
Tue, 14 May 2024 11:26:16 IST

Supreme Court has observed that if there is any delay on the part of the police in submitting the seizure report to the Magistrate, such delay shall not make the act of seizure by police less effective under Section 102(3) of the Code of Criminal Procedure, 1973.

SERVICE - Orissa High Court: Can't Apply Principle of 'No Work, No Pay' Universally
Tue, 14 May 2024 11:26:05 IST

Orissa High Court has held that the principle of no work no pay cannot be applied in all cases and particularly where the fault lies with the employer in not utilizing the services of the concerned employee.

LABOUR AND INDUSTRIAL - All. HC: Mentioning Certain Sections in Title of Claim Made to Labour Court Won't Determine Jurisdi.
Tue, 14 May 2024 11:25:53 IST

Allahabad High Court has observed that it is well settled that the title of an application/claim and reference made therein or merely mentioning certain sections do not determine the jurisdiction of a forum. The same only depends on the substance of the application/claim/demand.

CIVIL - Mad. HC: Can't Deny Permission of Temple's Festival on Grounds of Model Code of Conduct
Tue, 14 May 2024 11:25:41 IST

Madras High Court has observed that since the election has been completed and the polling is already over, the model code of conduct is no ground to deny permission to conduct the temple's festival.

CONSTITUTION - Cal HC: Not Operating in Totalitarian State, Govt. Can't Exercise Blanket Power Over Every Instit.
Tue, 14 May 2024 11:25:30 IST

Cal HC has held that we do not operate in a totalitarian state and it cannot be held that Government has blanket power over any and every institution or undertaking operating under the Sun within territory of India for any purpose, unless so given specifically in Constitution or any specific law.

PROPERTY - All. HC: Amendment to S. 169(3) of UPZALR Act Struck Down to the Extent of Mandatory Regis. of Wills
Mon, 13 May 2024 15:17:33 IST

All. HC has struck down the 2004 amendment of Section 169(3) of U.P. Zamindari Abolition & Land Reforms Act, 1950 to the extent that it mandates registration of wills and observed that wills in Uttar Pradesh are not required to be registered and unregistered wills, would not be void.

CRIMINAL - Allahabad High Court: Mother-in-law Acquitted in Dowry Case After Five Years in Jail
Mon, 13 May 2024 15:17:23 IST

Allahabad High Court has acquitted the mother-in-law of the deceased in a case of dowry death, after five years in jail when it was found that at the time of the crime, the mother-in-law was living separately from her son which indicated her no direct involvement in the alleged demands for dowry.

ELECTION - Kar. HC: For Disqua. Under Gram Swaraj & Panchayat Act, Subsisting Contract With Panchayat Necessary
Mon, 13 May 2024 15:17:13 IST

Karnataka High Court has held that in order to disqualify a Panchayat member under Section 12 (h) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993, the existence of a subsisting contract with the Panchayat is necessary.

CIVIL - SC: If App. Court Deals With Issues Rising for Deliberation, Omission to Sep. Frame Issues Not Fatal
Mon, 13 May 2024 11:40:44 IST

Supreme Court has held that even if the first appellate court does not separately frame the points for determination arising in the first appeal, it would not prove fatal as long as that court deals with all the issues that actually arise for deliberation in the said appeal.

ENVIRONMENT - SC: NGT's Direction to Initiate Action Under PMLA, Stayed on Ground of Lack of Jurisdiction
Mon, 13 May 2024 11:40:33 IST

SC has stayed National Green Tribunal's (NGT) direction to initiate action against dumping of hazardous waste in violation of environmental norms and noted that National Green Tribunal has no jurisdiction to issue a direction to initiate action under Prevention of Money Laundering Act, 2002 (PMLA).

EDUCATION - Bom. HC: Admission Obtained on False OBC Certificate, Doctor Allowed to Retain Qualification
Mon, 13 May 2024 11:40:23 IST

Bombay High Court has allowed a doctor who obtained admission on false OBC certificate, to retain her qualification as a doctor and observed that since she has completed her MBBS course it would not be proper to withdraw her qualification as it would be a national loss.

CRIMINAL - Del HC: Suo Moto Case Registered from PIL Against Order Dischar. Accused Storing Child Porn Material
Mon, 13 May 2024 11:40:13 IST

Del HC registered a suo moto case from a public interest litigation (PIL) that challenged an order passed by the Trial Court discharging men accused of storing and circulating child porn material and observed that findings of trial court suffer from illegalities and caused miscarriage of justice.

GOODS AND SERVICES TAX - Supreme Court: Arrest by GST Officers Should Not be Made on Mere Suspicion
Mon, 13 May 2024 11:40:02 IST

Supreme Court while hearing petitions related to the Goods and Service Tax Act being incompatible with provisions of the Code of Criminal Procedure, 1973 and the Constitution, has observed that a GST officer before making any arrest must have substantial material and not merely act on suspicion.

CONSUMER - SC: Onus on Service Provider to Prove That Service Was Availed for Commercial Purpose
Mon, 13 May 2024 11:39:52 IST

Supreme Court has observed that a service provider cannot dispute the maintainability of a consumer complaint unless the service provider proves that the goods or services availed by the consumer were for commercial purposes.

ELECTION - Supreme Court: Replication to WS Can be Filed by Election Petitioner if New Facts Not Introduced
Fri, 10 May 2024 15:34:43 IST

Supreme Court has observed that a replication in an election petition can be filed by an election petitioner against a written statement, only on the ground that the replication does not contain new facts going against the original facts in the election petition.

ARBITRATION - SC: It is Up to the Arbitral Tribunal to Adjudicate Upon Construction of Terms of Contract
Fri, 10 May 2024 15:34:32 IST

SC has held that it is for Arbitral Tribunal to adjudicate upon construction of terms of a contract. If Arbitral Tribunal takes a particular view on interpretation of the contract, Court under Section 34 of Arbitration and Conciliation Act, 1996 does not sit in appeal over findings of arbitrator.

INSOLVENCY - Supreme Court: Notice Issued to IBBI Over Ambiguity in Uploading NCLT Orders
Fri, 10 May 2024 15:34:20 IST

SC has issued notice to Insolvency and Bankruptcy Board of India (IBBI) on considerable ambiguity concerning service of orders passed by National Company Law Tribunal (NCLT), uploading of orders on website and also requirement to obtain a certified copy of order and enclose the same with the appeal.

INTELLECTUAL PROPERTY RIGHTS - Del. HC: Order Passed in Favour of Indian Hotels Company Over Use of 'Ginger' Trademark
Fri, 10 May 2024 15:34:09 IST

Delhi High Court has passed an order in favour of Indian Hotels Company and restrained several fraudulent websites from unauthorisedly using the trademark 'Ginger' or any other mark which is deceptively similar to the trademark for hotel bookings.

CRIMINAL - Del HC: Evidence in Predicate Offence by Accused Who Becomes Approver Can't be Used in PMLA Procee.
Fri, 10 May 2024 15:33:57 IST

Delhi High Court has observed that evidence given by an accused who has become an approver and is granted pardon in a predicate offence, cannot be used for the purpose of proceedings under the Prevention of Money Laundering Act, 2002.

LIMITATION - Supreme Court: Illegal for a Stranger to File Condonation of Delay Application
Fri, 10 May 2024 11:06:42 IST

SC held that entertaining an application filed at behest of a stranger for condonation of delay in filing an application for restoration of subject suit is unsustainable in law. If this approach is approved it would permit anyone to move such an application even if he is not a party to subject suit.

CIVIL - Open Air Prisons Suggested by Supreme Court as Solution to Overcrowding of Prisons
Fri, 10 May 2024 11:06:30 IST

Supreme Court has observed that the establishment of open-air prisons or camps can be one of the solutions for overcrowding in prisons. The Court further cited the example of this system functioning efficiently in Rajasthan.

CIVIL - SC: Presiding Officers/Members of JJ Board Should Specifically Mention Names in Orders
Fri, 10 May 2024 11:06:18 IST

SC has observed that Presiding Officers or Members of the Juvenile Justice Board must mention their names when the order is passed. In absence of names, it becomes difficult to find out later on, as to who was presiding the Court, Board or Tribunal or was the member at the relevant point of time.

ENVIRONMENT - Status Quo Ordered by SC on Felling of Trees in Ridge/Reserve Forest, Contempt Notice Issued
Fri, 10 May 2024 11:06:07 IST

Supreme Court while issuing notice in contempt petitions filed for unauthorized felling of trees in Delhi's Ridge Forest, has ordered parties to not be involved in further tree felling and to maintain the status quo in respect of the property.

CIVIL - Delhi High Court: Parties Must Not Ordinarily Resort to Transfer of Case to Another Court
Fri, 10 May 2024 11:05:56 IST

Delhi High Court has observed that parties should not ordinarily resort to transfer of cases from the court hearing the matter to another court as it casts aspersions on the impartiality and, at times, even on the integrity, of the Judge hearing the matter.

CRIMINAL - Del. HC: Convict Can't Seek Parole for Maint. Conjugal Relat. With Live-in Partner When Wife Present
Fri, 10 May 2024 11:05:45 IST

Del. HC has observed that the law in India does not permit grant of parole on the ground of maintaining conjugal relationship, that too with live-in partner. Moreover, granting parole on such a ground that too when the convict already has a legally wedded wife would set a harmful precedent.

CRIMINAL - SC: Can Use Witness Statement Recorded In Absence of Accused, if Conditions of S. 299 CrPC Fulfilled
Thu, 09 May 2024 15:12:19 IST

Supreme Court has held that if the conditions given under Section 299 of the Code of Criminal Procedure, 1973 are fulfilled only then the statement of the prosecution witness recorded in the absence of the accused can be used as evidence.

CRIMINAL - Supreme Court: Cannot Set Aside Conviction Only on the Ground that Witness Turned Hostile
Thu, 09 May 2024 15:12:08 IST

Supreme Court while declining to set aside the conviction of the accused merely because the witness turned hostile, has observed that evidence of the prosecution witness cannot be completely ignored just because the prosecution chose to treat him as hostile and cross-examined him.

GOODS AND SERVICES TAX - Supreme Court: No Provision Under GST Act for Pre-payment Prior to Adjudication
Thu, 09 May 2024 15:11:56 IST

SC while hearing petitions regarding challenge to penal provisions of Central Goods and Service Tax Act, 2017 (GST Act), has stated that it is necessary to have safeguards against arrest. The Court also noted that there are no penal provisions under the Act for pre-payment prior to adjudication.

ARBITRATION - All. HC: Arbitrator's Requirement to Provide Reason Hinges on Pleadings & Available Docs. on Record
Thu, 09 May 2024 15:11:45 IST

Allahabad High Court has held that the arbitrator's requirement to provide reasons in accordance with Section 31(3) of the Arbitration and Conciliation Act, 1996 hinges on the pleadings and available documents on record.

FAMILY - Supreme Court: Concept of 'Parental Alienation Syndrome' Discussed in Child Custody Dispute
Thu, 09 May 2024 10:59:54 IST

SC has stated that Courts ought not to prematurely and without identification of individual instances of 'alienating behaviour', label any parent as a propagator. The aforesaid label has far-reaching implications that must not be imputed or attributed to an individual parent routinely.

FOOD ADULTERATION - Delhi High Court: Ramping Up of Food Sampling & Testing Required in National Capital
Thu, 09 May 2024 10:59:42 IST

Delhi High Court has while dealing with a suo motu case regarding the use of pesticides for growing vegetables causing problems, has observed that food sampling and testing in Delhi is done on a minimal basis and the same is required to be ramped up.

CIVIL - Del. HC: Administration has Turned Blind Eye Towards Functioning of Dairies in National Capital
Thu, 09 May 2024 10:59:30 IST

Delhi High Court while dealing with a plea alleging violation of various laws by dairy colonies in Delhi, has observed that the administration has completely ignored the issues related to the functioning of dairies in the national capital and the cattle situated therein.

CIVIL - Bom. HC: Ensure Availability of Essential Infrastructure to Implement e-Mulakaat System in Prisons
Thu, 09 May 2024 10:59:19 IST

Bom. HC has observed that the State shall implement the e-Mulakaat System in all the prisons throughout Maharashtra and shall also provide adequate infrastructure and ensure all the inmates in the prisons are given access to phone calls and e-mulakaat facilities.

CRIMINAL - SC: Time Limit u/s 14(3) of JJ Act to Ascertain Physical & Mental Health of Juvenile is Directory
Wed, 08 May 2024 15:10:43 IST

SC has held that time limit to prescribe physical and mental health of juvenile so provided in Section 14(3) of the Juvenile Justice Act, 2015 cannot be held to be mandatory, as no consequences of failure have been provided as in case of enquiry into petty offences under Section 14(4) of the Act.

CIVIL - Bom. HC: Renaming of Aurangabad and Osmanabad to Chhatrapati Sambhajinagar And Dharashiv Upheld
Wed, 08 May 2024 15:09:20 IST

Bombay High Court has upheld the impugned notifications issued by the State Government renaming Aurangabad and Osmanabad cities as Chhatrapati Sambhajinagar and Dharashiv cities.

FAMILY - Allahabad HC: Person Reposing Faith in Islam Cannot Claim Right in Nature of Live-in-Relationship
Wed, 08 May 2024 15:09:10 IST

Allahabad High Court has held that a person reposing faith in Islam cannot claim any rights in the nature of a live-in-relationship, particularly when an individual has a living spouse.

CRIMINAL - SC: History Sheets Shouldn't Contain Name of Innocent Indiv. Solely Because of their Caste or Backg.
Wed, 08 May 2024 10:56:01 IST

SC has directed States to revisit policy regarding entries in History Sheets and observed that studies are available in public domain that reveal a pattern of an unfair and prejudicial mindset. It is alleged that Police Diaries are maintained selectively of individuals belonging to backward classes.

MEDIA AND COMMUNICATION - Directions Against Misleading Advertisements Issued by Supreme Court
Wed, 08 May 2024 10:55:50 IST

Supreme Court has issued a set of measures to protect consumers from misleading advertisements that include equal responsibility of advertisers and endorsers with regard to misleading ads and issuance of self-declaration form by advertisers before permission is granted to issue an advertisement.

MEDIA AND COMMUNICATION - Centre to Withdraw Letter Asking States to Not Take Action Against Ayurvedic & Ayush Products Ads
Wed, 08 May 2024 10:55:38 IST

Central Government has informed the Supreme Court that the letter sent by the Ministry of Ayush to all the State licensing authorities to not take any action against ads related to Ayush or Ayurvedic products shall forthwith be withdrawn by it.

BANKING - Bom. HC: Bank Regis. with CERSAI has Priority Over DCST Against Proceeds of Enforce. under SARFAESI
Tue, 07 May 2024 15:02:48 IST

Bombay High Court has held that against proceeds of enforcement under SARFESI Act, 2002 lender bank registered with the Central Registry of Securitisation and Security Interest of India (CERSAI) has first priority over Deputy Commissioner of Sales Tax (GST) (DCST).

CRIMINAL - SC: Inclined to Hold That Accused in One Case Shouldn't be Denied Anticipatory Bail in Another Case
Tue, 07 May 2024 15:02:37 IST

SC has observed that it is prima facie of the view that Section 438 of the Code of Criminal Procedure, 1973 cannot be stultified and if a person is under arrest for an offence, he cannot get anticipatory bail in that case but he is entitled to get anticipatory bail in other, subject to a hearing.

PROPERTY - Del. HC: Rs. 1 Lakh Cost Imposed on Person Who Made Lord Hanuman Party in Property Dispute
Tue, 07 May 2024 15:02:26 IST

Delhi High Court has imposed a cost of Rupees One Lakh on a litigant who made Lord Hanuman party to a case concerning a temple constructed on a private land. The appellant claimed a right to worship in the temple which was dismissed by the Court.

LAW OF MEDICINE - Ker. HC: Termination of 27 Weeks Pregnancy Citing Foetal Abnormalities Permitted
Tue, 07 May 2024 15:02:15 IST

Kerala High Court has allowed a married couple to terminate pregnancy that reached 27 weeks of gestation after the medical board observed that the foetus, although did not have a life-threatening situation but is likely to have permanent and significant neurological disabilities and handicaps.

SERVICE - Supreme Court: Constitutionality of Minimum Mark Criteria for Interview Upheld
Tue, 07 May 2024 10:52:59 IST

SC has upheld the constitutionality of rules that require a candidate to fulfill minimum mark criteria in the viva voce test for appointment to District Judiciary in States of Bihar and Gujarat and stated that while the written exam measures knowledge, the interview reveals character and capability.

PROPERTY - SC: Can Apply Doctrine of 'Lis Pendens' Even if Section 52 of TPA Inapplicable in a State
Tue, 07 May 2024 10:52:49 IST

Supreme Court has held that there can be no doubt that even if Section 52 of the Transfer of Property Act, 1882 (TPA) does not apply in its strict sense to a state then too the principles of lis-pendens, which are based on justice, equity, and good conscience, would certainly be applicable.

CIVIL - SC: Minimum 1/3rd Women's Reservation in SCBA Posts is on Experimental Basis
Tue, 07 May 2024 10:52:37 IST

Supreme Court has clarified that its previous order directing reservation of a minimum 1/3rd seats for women in the Supreme Court Bar Association's executive committee is on an experimental basis and any difficulty faced in implementing the reforms must be put before the court.

CRIMINAL - Del HC: Accused's Mobile Having Photos of Osama Bin Laden Not Enough to Label Him as ISIS Member
Tue, 07 May 2024 10:52:26 IST

Del. HC while granting bail to a person accused under the Unlawful Activities (Prevention) Act, 1967 because his mobile contained pictures of 'Osama Bin Laden' and 'ISIS Flags', has observed that any curious mind can access and even download such content. That act by itself appears to be no crime.

CIVIL - Del. HC: Apart from 'Good and Bad Touch' Children Need to be Taught About 'Virtual Touch'
Tue, 07 May 2024 10:52:14 IST

Del HC has observed that efforts to protect minors from harm have focused on teaching them about good & bad touch. However, it's important to educate children about 'Virtual Touch' which involves teaching them about appropriate online behavior and recognizing warning signs of predatory behavior.

EDUCATION - Bom. HC: Govt's Amendment Exempting Private Schools from RTE Quota If Govt-Run School Nearby, Stayed
Tue, 07 May 2024 10:52:02 IST

Bom. HC while staying Maharashtra Government's amendment exempting private unaided schools from providing 25% quota to children of disadvantaged sections if a government school is run nearby, has observed that by the provisos, the right of children to get free elementary education is being hampered.

CIVIL - Delhi HC Seeks Explan. from Legal Services Committee on Failure to Assist Litigant Despite Requests
Mon, 06 May 2024 15:05:26 IST

Delhi High Court has sought an explanation from the Secretary to the Delhi High Court Legal Services Committee on failing to provide legal aid to a poor litigant despite several requests.

CRIMINAL - Bom. HC: Bail Granted to Accused Who Wasn't Produced Before Court on Seventy Previous Dates
Mon, 06 May 2024 15:05:12 IST

Bombay High Court while granting bail to a murder accused who was not produced before the court on seventy previous dates, has observed that it is a sheer failure of the prosecution to produce the accused before the Court for framing the charge and progress of the trial.

CRIMINAL - Hemant Soren, Former CM of Jharkhand Moves SC After HC Dismissed Challenge to His Arrest by ED
Mon, 06 May 2024 15:05:00 IST

Former Chief Minister of Jharkhand, Hemant Soren has moved Supreme Court after the Jharkhand High Court dismissed the challenge to his arrest by the Enforcement Directorate (ED) in money laundering charges in connection with an illegal mining case.

CIVIL - All HC: Municipal Corp. to Ensure Availability of Clean Drinking Water to Residents of Lucknow
Mon, 06 May 2024 15:04:46 IST

Allahabad High Court while addressing the issue of non-availability of clean drinking water in several areas of Lucknow, has directed the Lucknow Municipal Corporation to ensure availability of the same to the residents.

LAW OF EVIDENCE - SC: Trial Judges Should Take Participatory Role in Trial & Not Act as Mere Tape Recorders
Mon, 06 May 2024 11:21:20 IST

SC has observed that it is the duty of the court to arrive at truth and subserve the ends of justice. Courts have to take a participatory role in trial and not act as mere tape recorders to record whatever is being stated by the witnesses. The judge has to monitor the proceedings in aid of justice.

CRIMINAL - SC: To Summon Person u/s 319 CrPC as Additional Accused, Stronger Evidence is Needed
Mon, 06 May 2024 11:21:10 IST

SC has observed that degree of satisfaction required to exercise power under Section 319 Code of Criminal Procedure, 1973 is well settled. Evidence before the trial court should be such that if it goes unrebutted, then it should result in the conviction of the person who is sought to be summoned.

CRIMINAL - SC: Can't Apply Section 498A IPC Mechanically in All Cases of Ill-Treatment by Husband
Mon, 06 May 2024 11:20:59 IST

SC has observed that in all cases, where the wife complains of harassment or ill-treatment, Section 498A of the Indian Penal Code, 1860 cannot be applied mechanically. Mere trivial irritations and quarrels between spouses, which happen in day-to-day married life, may not amount to cruelty.

EDUCATION - Delhi High Court: Parents to Bear Cost of Air Conditioning Services in Schools
Mon, 06 May 2024 11:20:48 IST

Delhi High Court has observed that the costs of air conditioning services provided to the children in the school have to be borne by the parents as it is a facility provided to the children and is no different from the other charges such as lab fees and smart class fees levied.

GOODS AND SERVICES TAX - CESTAT: No Provision in Cenvat Credit Rules to Allow Cash Refund of Cess in Cenvat Credit Balance
Mon, 06 May 2024 11:20:36 IST

Delhi Bench of Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that there is no provision in the Cenvat Credit Rules, 2004 or in Central Excise Act, 1944 to allow cash refund of cesses lying in the balance in Cenvat Credit.

CONSTITUTION - Ker. HC: Declining a Rape Victim to Terminate Pregnancy Violates Right to Live With Dignity
Mon, 06 May 2024 11:20:26 IST

Ker HC has observed that declining permission to rape victim to medically terminate her unwanted pregnancy would amount to forcing the responsibility of motherhood and denying her right to live with dignity that forms significant part of right of life guaranteed under Article 21 of Constitution.

CRIMINAL - Delhi HC Directs Police Investigation Against Use of Oxytocin in Dairy Colonies
Fri, 03 May 2024 15:23:58 IST

Delhi High Court has ordered action against the use of spurious Oxytocin hormone in dairy colonies in Delhi and directed that the cases registered be investigated by jurisdictional police stations.

MOTOR VEHICLES - Kerala HC Refuses to Stay Circular Imposing Stricter Conditions for Driving Tests
Fri, 03 May 2024 15:23:45 IST

Kerala High Court has refused to pass an interim order staying the implementation of the circular dated February 25, 2024 issued by Motor Vehicles Department prescribing additional conditions regarding the usage of vehicles for driving tests.

CIVIL - All. HC Rejects PIL Seeking Release of Justice Rohini Commission Report on OBC Sub-Categorisation
Fri, 03 May 2024 15:23:34 IST

Allahabad High Court has rejected a PIL seeking direction to Union Government for publishing report dated 21.07.2023 of Justice Rohini Commission on sub-categorization of Other Backward Classes (OBC) caste groups to ensure more equitable distribution of reservation benefits among OBCs in India.

CIVIL - Orissa HC: Trespassers Must Accept Responsibility for Risk in Crossing Railway Tracks
Fri, 03 May 2024 15:23:22 IST

Orrisa High Court while dismissing a writ petition seeking compensation from Railways in incidents resulting in fatalities on railway tracks has held that the deceased individuals were not passengers but trespassers who were struck by a train while on the tracks.

CRIMINAL - SC: Court Can Exempt Accused from Personal Appearance Before Grant of Bail
Fri, 03 May 2024 10:43:51 IST

Supreme Court has observed that power to grant exemption from personal appearance under the Code of Criminal Procedure should not be read in a restrictive manner and the accused can be exempted from showing his personal appearance before the court, even before, the grant of bail.

CIVIL - 2024 Elections: Supreme Court Directs Minimum 1/3rd Women's Reservation in Bar Association Posts
Fri, 03 May 2024 10:43:38 IST

Supreme Court has directed implementation of a minimum 1/3rd women's reservation in the posts of the Supreme Court Bar Association from 2024 elections.

CRIMINAL - MP High Court: Unnatural Sex With Wife Not Rape as Absence of Woman's Consent Immaterial
Fri, 03 May 2024 10:43:25 IST

Madhya Pradesh High Court while noting that 'Marital rape' has not been recognised as an offence in India, has observed that any sexual intercourse, including unnatural sex by a man with a wife, won't amount to rape as the consent of the wife becomes immaterial in such cases.

CRIMINAL - Cash-For-Jobs Scam: Calcutta High Court Denies Bail to Former WB Education Minister
Fri, 03 May 2024 10:43:12 IST

Calcutta High Court has declined the bail prayer of former Education Minister Partha Chatterjee in the cash-for-jobs recruitment scam, involving the illegal recruitment of Assistant Teachers under the West Bengal Board of Primary Education.

CRIMINAL - SC: HC's Decision Allowing Amendment of Cheque Date Mentioned in Complaint, Set Aside
Thu, 02 May 2024 15:03:36 IST

SC held that in a matter, where date is a relevant aspect based on which entire aspect relating to issue of notice within time frame is provided under NI Act, 1881, and also as to whether as on date there was enough balance in the account of issuer of cheque, the amendment would not be justified.

INTELLECTUAL PROPERTY RIGHTS - Del HC: Oil Manufac. Restrained from Using 'Vigoura' Mark, in Trademark Infringement Case by Pfizer
Thu, 02 May 2024 15:03:23 IST

Delhi High Court in a trademark infringement plea filed by Pfizer, accusing an oil company of infringing its trademark 'Viagra', has restrained the oil manufacturer from using the mark 'Vigoura' or any mark deceptively similar to Pfizer's trademark.

LABOUR AND INDUSTRIAL - Del HC: In Delhi, Giving Monthly Pension of Rs.3000 to Building & Construction Workers is Very Small
Thu, 02 May 2024 15:03:11 IST

Delhi High Court has observed that, the per mensem rate of pension, which is Rs. 3000 given to building and construction workers after completion of 60 years is minuscule, given the cost of living in a city like Delhi.

RIGHT TO INFORMATION - Ori. HC: 'Online RTI Portal' Launched by Orissa High Court
Thu, 02 May 2024 15:02:59 IST

Orissa High Court has launched a Right to Information portal on which the citizens may register themselves to obtain information under the Right to Information Act, 2005 (RTI) from the district judiciary by visiting the website of the High Court of Orissa or concerned District Court.

CRIMINAL - SC: IO to Make Clear & Complete Entries in Chargesheet, Role Played by Each Accused to be Mentioned
Thu, 02 May 2024 11:05:23 IST

SC has held that the investigating officer (IO) must make clear and complete entries in chargesheet so that the court can clearly understand which crime has been committed by which accused and the role played by each accused in the crime should be separately and clearly mentioned in the chargesheet.

CIVIL - SC: Stamp Duty Can be Imposed by State on Insurance Policies Executed Within State
Thu, 02 May 2024 11:05:12 IST

Supreme Court while rejecting appeals filed by Life Insurance Corporation against a demand of stamp duty of Rs. 1.19 crore by the State, has held that the State Government can impose stamp duty on the issuance of insurance policies within its territory and require the payment of such stamp duty.

EDUCATION - Del HC: Stay on Delhi Govt's Circular Asking Private Unaided Schools to Get Sanction Before Fee Hike
Thu, 02 May 2024 11:05:01 IST

Delhi High Court has stayed the circular issued by the Delhi Government making it mandatory for private unaided schools to get prior sanction from the Director of Education to enhance fees for the upcoming academic session of 2024-2025.

CIVIL - Del. HC: Delhi Govt. to Frame Policy for Compensation to Victims of Chinese Manjha
Thu, 02 May 2024 11:04:49 IST

Delhi High Court has directed the Delhi Government to frame a policy regarding granting compensation to persons who have lost their life and limbs due to the accidents from the sale of banned Chinese manjha in the capital.

CRIMINAL - Del. HC: If Accused Discharged/Acquitted under PMLA, Properties Attached Shall be Released
Thu, 02 May 2024 11:04:38 IST

Delhi High Court has held that a perusal of Section 8(6) of the Prevention of Money Laundering Act, 2002 (PMLA) makes amply clear that if an accused is discharged/acquitted, the learned Special Judge under Section 8(6) has no option but to pass an order releasing the properties attached.

DIRECT TAXATION - Bom. HC: For Issuing Reopening Notice After Three Years, Sanctioning Authority has to be PCCIT
Thu, 02 May 2024 11:04:25 IST

Bombay High Court has held that in order to reopen notice after the expiry of three years, the sanctioning authority has to be the Principal Chief Commissioner of Income Tax (PCCIT).

CIVIL - SC: Without Examining Lawfulness of 'Minutes of Order' Filed by Advocates, Orders Cannot be Passed
Wed, 01 May 2024 15:15:36 IST

Supreme Court has held that High Court must apply its mind to the minutes of order in order to ensure that the rights of the third parties are not affected and that the order proposed to be passed is lawful.

CRIMINAL - Del. HC: ED Cannot Invoke Section 50 of PMLA Against Citizens Who Aren't Suspects
Wed, 01 May 2024 15:15:24 IST

Del. HC while bashing the Enforcement Directorate (ED) for invoking Section 50 of Prevention of Money Laundering Act, 2002 (PMLA) to record statements of private parties, has held that as an agency answerable to the law and the courts, the Enforcement Directorate cannot arrogate powers unto itself.

ARBITRATION - Ker. HC: Payment of Interest Can't be Reviewed or Added While Enforcing Foreign Award
Wed, 01 May 2024 15:15:12 IST

Ker. HC has held that the executing court cannot review a foreign award or add anything to it. Moreover, the executing court cannot go behind the decree sought to be executed. The foreign award is a deemed decree and no provision for payment of interest can be read into the award/decree.

CIVIL - Madras High Court: Guidelines Issued to Eradicate Manual Scavenging
Wed, 01 May 2024 15:15:01 IST

Mad. HC while issuing guidelines to eradicate manual scavenging, has observed that an act like this is nothing less than State-sanctioned casteism and forcing work upon a person as against his health, dignity and that of his family despite there being machinery available needs to be done away with.

FAMILY - SC: Appropriate Rites and Ceremonies Need to be Performed to Make a Hindu Marriage Valid
Wed, 01 May 2024 11:22:39 IST

SC has observed that where a Hindu marriage is not performed according to applicable rites/ceremonies such as saptapadi when included, the marriage will not be construed as Hindu marriage. In other words, for a valid marriage under Hindu Marriage Act, 1955, requisite ceremonies have to be performed.

ELECTION - Del. HC: Police Protection Granted to Transgender Person for Filing Nominations for Lok Sabha Polls
Wed, 01 May 2024 11:22:27 IST

Del. HC while granting police protection to a transgender person for filing nominations for Lok Sabha election, has observed that any discrimination on ground of sexual orientation or gender identity violates Article 14 of the Constitution of India and duty lies on the State to protect such rights.

CRIMINAL - Bom. HC: Bail Denied to Man Accused of Sexually Abusing a Child for Nine Years
Wed, 01 May 2024 11:22:16 IST

Bombay High Court while denying bail to a man accused of sexually abusing a child continuously for nine years, has observed that due to such horrendous crime, the victim has become a nymphomaniac and words will fall short to describe the mental, psychological and physical state of the victim.

CRIMINAL - Meg. HC: POCSO Conviction Upheld, Accused and Victim had Lust and Infatuation
Wed, 01 May 2024 11:22:04 IST

Meg. HC has upheld the conviction of a man under the Protection of Children from Sexual Offences Act, 2012 (POCSO) and after considering that at a young age both had lust and infatuation, has observed that while the victim girl is leading a happy life, accused has been undergoing incarceration.

TENANCY - Del. HC: Litigation Related to Tenancy Unfortunately Takes More Than a Decade to Fructify
Tue, 30 Apr 2024 15:10:21 IST

Del. HC while setting aside order of rent controller regarding eviction petitions, has observed that it is unfortunate that tenancy litigation takes more than a decade to fructify and such practices are severely detrimental to desired effects of rent control legislation and must be curtailed.

DIRECT TAXATION - Bom. HC: Can't Open Reassessment Based on Reasons from Other Departments or Commission Report
Tue, 30 Apr 2024 15:10:09 IST

Bombay High Court has held that re-assessment shall not be re-opened if the grounds for re-opening are based on information taken from Justice M.B. Shah Commission's report and the assessing officer fails to record his own reasons for re-assessment.

CIVIL - Jh. HC: Process of Constituting Transgender Welfare Board Must be Expedited
Tue, 30 Apr 2024 15:09:58 IST

Jharkhand High Court while focusing on the importance of addressing the needs of the transgender community has directed the State Government to speed up the process of constituting the Transgender Welfare Board.

GOODS AND SERVICES TAX - Del. HC: Proper Officer Empowered to Grant Upto 3 Adjournments if Sufficient Cause Shown
Tue, 30 Apr 2024 11:23:04 IST

Del. HC has held that Section 75(5) of the Goods and Service Tax Act, 2017 empowers the proper officer to grant upto three adjournments if sufficient cause is shown. It would be dependent on facts of each case whether sufficient cause has been shown or not for exercise of the discretion to adjourn.

LAW OF MEDICINE - Order to Terminate Pregnancy of Minor Rape Survivor, Recalled by Supreme Court
Tue, 30 Apr 2024 11:22:52 IST

Supreme Court has recalled its earlier decision of allowing a minor rape survivor to terminate twenty-eight weeks of pregnancy after health-related concerns were raised by the parents of the minor. It was stated that the reversal was required as the 'interest of the child is paramount'.

CIVIL - Licenses of 14 Patanjali and Divya Pharmacy Products Suspended by Uttarakhand Licensing Authority
Tue, 30 Apr 2024 11:22:41 IST

Uttarakhand State Licensing Authority has suspended the licenses of 14 products of Patanjali Ayurved Ltd and its sister concern Divya Pharmacy under Rule 159(1) of the Drugs and Cosmetic Rules, 1954 with immediate effect.

GOODS AND SERVICES TAX - Del. HC: Denying ITC to Taxpayers One of the Outcomes of GST Registration Cancell. with Retrospect
Mon, 29 Apr 2024 15:20:38 IST

Delhi High Court has held that denial of input tax credit(ITC) is one of the outcomes of cancelling a taxpayer's Goods and Service Tax (GST) registration with retrospective effect.

CRIMINAL - PIL Seeking 'Authoritative Interpretation' of Section 66 PMLA Refused by Delhi High Court
Mon, 29 Apr 2024 15:20:27 IST

Delhi High Court has refused to entertain a Public Interest Litigation (PIL) that sought an authoritative interpretation of Section 66 of the Prevention of Money Laundering Act, 2002. The Court granted liberty to the petitioners to raise the issue before appropriate courts.

PROPERTY - All. HC: Can't Declare Transaction Benami on Contractor's Statement Without Relevant Material
Mon, 29 Apr 2024 15:20:15 IST

Allahabad High Court has held that construction cannot be declared as benami under the Prohibition of Benami Property Transactions Act, 1988 merely on the statement of the contractor doing construction work. Reasons to believe under Section 24(1) of the Act should be based on relevant material.

CRIMINAL - SC: Prima Facie Case Made Out from Allegations in Complaint Sufficient to Summon Accused
Mon, 29 Apr 2024 10:57:46 IST

Supreme Court while reversing the finding of the High Court, has observed that prima facie making out a case on the basis of the allegations in the complaint and the pre-summoning evidence led by the complainant is sufficient to summon an accused.

CRIMINAL - All. HC: It's an Obligation of Bank Officials to Fully Co-operate in Criminal Investigations
Mon, 29 Apr 2024 10:57:32 IST

Allahabad High Court has observed that bank officials are expected to be law-abiding citizens who are under an obligation of law to cooperate in criminal investigations being conducted by the police.

ELECTION - All. HC: Candidates with Criminal Background Will Pose Severe Threat to Democracy if Elected
Mon, 29 Apr 2024 10:57:21 IST

All. HC has observed that persons with criminal background having a long criminal history pollute the process of election and when such persons turn into elected representatives and become law makers, they pose a serious threat to the functioning of a democratic system.

GOODS AND SERVICES TAX - Cal HC: Penalty Amount on Higher Value than Invoice Value Can't be Computed by GST Dep. w/o Evidence
Mon, 29 Apr 2024 10:57:10 IST

Calcutta High Court has held that penalty amount on higher value than invoice value cannot be computed by Goods and Service Tax department without proper evidence and reasoning.

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