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CIVIL - SC Stays HC's Order Directing Counselling to Woman in Same-Sex Relationship
Tue, 07 Feb 2023 10:53:37 IST

Supreme Court has stayed Kerala High Court's order directing a 23-year old woman, who is stated to be in a same-sex relationship, to undertake counselling.

CONTEMPT OF COURT - SC Refuses to Close Contempt Proceedings Against Odisha Lawyers for Strike
Tue, 07 Feb 2023 10:53:24 IST

Supreme Court has refused to close contempt proceedings against lawyers who had indulged in vandalism in court premises during their strike demanding formation of new Benches of the Orissa High Court.

CIVIL - Bom. HC: No Police Mock Drills While Depicting Members of Particular Community as Terrorists
Tue, 07 Feb 2023 10:53:13 IST

Bombay High Court while hearing a PIL seeks guidelines for police mock drills has directed that no mock drills be conducted depicting persons of a particular community as terrorists till the next date of the hearing.

CRIMINAL - Cal. HC: Advocate's Mistake Should Not Prejudice Party's Rights
Tue, 07 Feb 2023 10:53:01 IST

Calcutta High Court while observing that mistake on part of advocate representing any party shouldn't act as prejudice against rights of a party, has set aside an order of acquittal for the offence of dishonour of cheque under Section 138 of the Negotiable Instruments Act.

ENVIRONMENT - Patna HC to Government: Shut 49 Brick Kilns for Failure to Shift to Cleaner Technology
Tue, 07 Feb 2023 10:52:50 IST

Patna High Court has directed the government to shut 49 brick kilns that failed to shift to cleaner technology and produce fly ash bricks, despite a cut-off date set by the Bihar State Pollution Control Board.

CRIMINAL - Mumbai Court Sentences Man to Imprisonment for Negligence After His Dog Attacked Relative
Tue, 07 Feb 2023 10:52:38 IST

Mumbai Court has sentenced a businessman to three months imprisonment for negligence under Section 289 of IPC after his Rottweiler dog attacked a 72-year-old relative and bit him thrice thirteen years ago.

ELECTION - Delhi HC: Can't Direct Centre to Conduct Lok Sabha, Legislative Assembly Polls Together
Mon, 06 Feb 2023 15:11:01 IST

Delhi High Court while refusing to pass directions in PIL praying that Centre and Election Commission be directed to ascertain the feasibility of conducting Lok Sabha and Legislative Assembly election together in 2024, has observed that Courts are not lawmakers, and they know their limitations.

ARBITRATION - Delhi HC Upholds Use of Rule of Contra Proferentem by Arbitrator While Interpreting Contract
Mon, 06 Feb 2023 15:10:49 IST

Delhi High Court has held that if the arbitrator uses a contract executed between the parties to determine a dispute, the clauses of the contract should, in principle, be construed contra proferentem, i.e., the clauses should be interpreted against the party that drafted it.

CRIMINAL - Bombay HC: Physical Force Used Only to Correct School child is Not Offence
Mon, 06 Feb 2023 15:10:38 IST

Bombay High Court while observing that teachers are backbone of education system, and it would be difficult to maintain discipline if they are constantly under fear of allegations, has held that use of some physical force by teacher, with no mala fide intention, to correct child is not an offence.

CIVIL - Madras HC Makes E-Filing Mandatory for Anticipatory Bail
Mon, 06 Feb 2023 15:10:25 IST

Madras High Court has made e-filing mandatory in both Principal bench in Madras and the Madurai bench. This facility is initially compulsory for Anticipatory bail applications only. The Court has also introduced an online certified copy application portal for issuing certified copies of judgment.

ELECTION - MP HC: Provisions of CPC to be Followed in Trial of Election Petitions U/S 122 of MPPRA
Mon, 06 Feb 2023 15:10:12 IST

Madhya Pradesh High Court has held that procedure as laid down under provisions of the CPC for trying the suit is to be followed in cases where election petitions are tried under Section 122 of M.P. Panchayat Rajya Adhiniyam (MPPRA), 1993.

SERVICE - MP HC: Length of Service & Conduct Relevant Considerations While Granting Back Wages
Mon, 06 Feb 2023 15:09:58 IST

Madhya Pradesh High Court has held that length of service of an employee and the conduct of the employer is also required to be seen, while granting back wages.

CONSUMER - Ker. HC: Doctor Can't be Held Negligent Merely if Patient Didn't Respond Favorably to Treatment
Mon, 06 Feb 2023 15:09:47 IST

Kerala High Court while observing that there is always the chance that the treatment does not go as planned, has held that when things go wrong, it is not always the fault of the doctor and there must be sufficient evidence to prove that death is due to the alleged medical negligence.

CONSUMER - CDRC: Institute Conducting Physical Classes Can't Force Online Classes on Students
Mon, 06 Feb 2023 15:09:34 IST

Delhi Consumer Dispute Redressal Commission while directing medical coaching institution to refund the entire advance fees paid by a student has held that it could not force a student to undertake online classes when the student had initially signed up for physical classes.

CIVIL - SC: Tax Authorities Must Maintain Discipline to Follow Decisions of Higher Authorities
Mon, 06 Feb 2023 11:31:19 IST

Supreme Court has observed that unless the discipline of adhering to decisions made by the higher authorities is maintained, there would be utter chaos in administration of tax laws apart from undue harassment to assesses.

CIVIL - SC: Meat Affordable Means of Protein for Poor
Mon, 06 Feb 2023 11:31:08 IST

Supreme Court while hearing petition seeking curb the killing of animals and switching to lab-generated meat for consumption, has observed that in a country like India, meat is the affordable means of protein for the poor.

SERVICE - SC: VRS Employees Can't Claim Parity With Employees Who Retired on Superannuation
Mon, 06 Feb 2023 11:30:57 IST

Supreme Court has held that employees who retired under the Voluntary Retirement Scheme (VRS) cannot claim parity with others who retired upon achieving the age of superannuation for the purposes of pay revision.

CIVIL - SC: Secular State Must Prevent Hate Speech at Any Cost
Mon, 06 Feb 2023 11:30:45 IST

Supreme Court directing that meeting proposed by 'Sakal Hindu Samaj' in Mumbai on February 5 should be videographed by police and that contents should be reported to Court, has observed that India being a 'Secular State', State must prevent Hate Speech at any cost.

CONSTITUTION - SC Simplifies 2018 Guidelines on Living Will/Advance Directive
Mon, 06 Feb 2023 11:30:34 IST

Supreme Court while considering an application by the Indian Council for Critical Care Medicine, has modified directions relating to advance medical directives, or living wills issued in a 2018 judgement that had recognised the right to die with dignity as part of the right to live with dignity.

PROPERTY - SC: Encroacher Can't Claim Benefit of Section 51 of Transfer of Property Act
Mon, 06 Feb 2023 11:30:23 IST

Supreme Court while observing that encroacher can't be termed as transferee to seek benefit of Section 51 of Transfer of Property Act, has held that where owner has establishes his title, denying recovery of possession would amount to allowing encroacher to purchase man's property against his will.

CRIMINAL - Delhi Court Discharges Sharjeel Imam, Asif Iqbal Tanha in 2019 Jamia Violence Case
Mon, 06 Feb 2023 11:30:11 IST

Delhi Court has discharged Sharjeel Imam and Asif Iqbal Tanha in a case connected to the incidents of violence at Jamia Milia Islamia University in December, 2019, however, Imam still remains in custody in other FIRs registered against him concerning 2020 North-East Delhi riots.

SC: Storage Facility for Edible Oil Not Allowed Outside Port Area
Thu, 03 Feb 2023 13:57:29 IST

Supreme Court while observing that word 'within' used for CRZ-I and 'in' used for CRZ-II in the CRZ Notification of 2011 cannot be interpreted to include what is outside the port areas has held that storage facility for edible oil is not allowed outside port area.

SC Allows Woman Seeking Abortion to Give Child for Adoption to Couple Registered With CARA
Thu, 03 Feb 2023 13:57:29 IST

Supreme Court in a plea by 21 year old unmarried woman seeking permission to terminate a 29 week pregnancy has allowed adoption of the child by the prospective parents whose details were set out in the CARA registration form.

SC: Conviction Can't Convict Accused While Overriding Agreement Between Parties to Compound Offence
Thu, 03 Feb 2023 13:57:29 IST

Supreme Court has held that High Courts cannot override and impose their will on the parties if parties to a litigation proceeding have entered into an agreement to compound a compoundable offence.

SC Issues Directions to Avoid Delay in Release of Prisoners Who Are in Custody Despite Bail Granted
Thu, 03 Feb 2023 13:57:29 IST

Supreme Court has issued guidelines on the issue of undertrial prisoners who continue to be in custody despite having been granted the benefit of bail on account of their inability to fulfill the conditions stipulated in the bail order or otherwise.

Guj. HC Constitutes Committee to Probe Incidents of Mistreatment of Pregnant Women at Pvt Hospitals
Thu, 03 Feb 2023 13:57:29 IST

Gujarat High Court has constituted a Committee for probe into the alleged incidents of mistreatment of pregnant women at private hospitals in the state, in order to ensure that such incidents do not reoccur.

CONSTITUTION - SC: W.P Shouldn't be Dismissed on Ground of Alternative Remedies When Question of Law Raised
Thu, 02 Feb 2023 13:57:29 IST

Supreme Court has held that where the controversy is a purely legal one and it does not involve disputed questions of fact but only questions of law, then it should be decided by the high court instead of dismissing the writ petition on the ground of an alternative remedy being available.

ELECTION - SC: Upto Parliament to Decide Whether to Allow Candidates to Contest from Two Seats
Thu, 02 Feb 2023 13:57:17 IST

Supreme Court while dismissing PIL challenging the constitutionality of Section 33(7) of the Representation of Peoples Act, 1951 has held that permitting a candidate for contesting for more than one seat is a matter of legislative policy and therefore up to parliament.

CUSTOMS - Delhi HC: No Custom Duty Exemption Allowed if Aircraft Imported for Private Purposes
Thu, 02 Feb 2023 13:57:04 IST

Delhi High Court has held that condition for customs duty exemption not available to the assessee as aircraft imported for private purposes and not for providing non-scheduled passenger or charter services.

CRIMINAL - Del. HC to Tihar Medical Superintendent: Ensure Efficient Medical Treatment of Former PFI Chairman
Thu, 02 Feb 2023 13:56:51 IST

Delhi High Court has directed Medical Superintendent of Tihar Jail to ensure that efficacious medical treatment is provided to former Popular Front of India (PFI) Chairman E Abubacker on a regular basis.

CRIMINAL - Madras HC: Women Residing in India Temporarily, OCI Cardholders Entitled to Relief Under DV Act
Thu, 02 Feb 2023 13:56:37 IST

Madras High Court has held that persons who were living temporarily in India and foreign citizens who are Overseas Citizenship of India (OCI) cardholders are entitled to invoke the Protection of Women from Domestic Violence Act of 2005 (DV Act) before Indian courts.

CIVIL - SC: Can't Transfer Land in HP to Non-Agriculturist Without State's Permission
Thu, 02 Feb 2023 11:19:20 IST

Supreme Court has held that land in Himachal Pradesh can't be transferred to Non-Agriculturist without State's permission and observed that purpose of same is to save small agricultural holding of poor persons and to check rampant conversion of agricultural land for non-agricultural purposes.

CIVIL - SC to WhatsApp: Widely Publicise That Users Aren't Bound to Accept 2021 Privacy Policy
Thu, 02 Feb 2023 11:19:09 IST

Supreme Court Constitution Bench has directed WhatsApp to widely publicise its stand that WhatsApp users in India don't have to accept its 2021 privacy policy in order to use it, and app's functionality would remain unaffected till Data Protection Bill comes into existence.

CIVIL - Delhi HC: Final Orders of AFT Can Be Challenged Before High Court
Thu, 02 Feb 2023 11:18:57 IST

Delhi High Court, full bench has held that final orders of the Armed Forces Tribunal (AFT) can be challenged before High Court.

ENVIRONMENT - Delhi HC on Depleting Forest Cover: We Should Leave Something for Future Generations
Thu, 02 Feb 2023 11:18:46 IST

Delhi High Court while hearing suo motu public interest litigation initiated in 2015 on the issue of air pollution in Delhi, observed that Delhi is losing its forest cover drastically and underscored that injustice is being done to nature and we should leave something for the generations to come.

SERVICE - Bom HC: Can't Direct State to Make Degree Holder Eligible When Rule Say Only Diploma Holder Eligible
Thu, 02 Feb 2023 11:18:33 IST

Bombay High Court has held that merely because degree in Civil Engineering might be a higher qualification than a diploma, Court won't be in a position to interpret provisions of Recruitment Rules and direct State Government to consider candidates who are not eligible as per Recruitment Rules.

SERVICE - Cal. HC Upholds Order Disallowing Murder Accused from Rejoining Home Guard Service
Thu, 02 Feb 2023 11:18:21 IST

Calcutta High Court while upholding an order disallowing accused in murder case from rejoining his post as a Home Guard, has observed that a volunteer of a disciplined force is required to have a clean antecedent with regard to his character.

CIVIL - Madras HC Orders Shutdown of Fake Websites Misleading Devotees
Thu, 02 Feb 2023 11:18:08 IST

Madras High Court while observing that temples should not turn into places for gaining profits, has ordered closure of all illegal and unauthorized websites that have been created in the name of temples and which have been collecting funds from the devotees by misleading them.

CRIMINAL - Lucknow Court Orders Release of Kerala Journalist Siddique Kappan on Bail
Thu, 02 Feb 2023 11:17:52 IST

Lucknow Court has signed an order to release Kerala Journalist Siddiqui Kappan on Bail and directed to release Kappan, if not wanted in any other case after obtaining a personal bond from him.

CIVIL - #Union Budget 2023-2024
Wed, 01 Feb 2023 14:03:26 IST

Entity Digi Locker to be set up for use by business enterprises and charitable trusts. Setting up of National Financial Information Registry. Setting up of a Central Data Processing Centre for faster handling of administrative work under Companies Act.

CIVIL - #Union Budget 2023-2024
Wed, 01 Feb 2023 14:03:14 IST

Vivad se Vishwas I: Less stringent contract execution for MSMEs. Vivad se Vishwas II: Easier and standardized settlement scheme.

CIVIL - #Union Budget 2023-2024
Wed, 01 Feb 2023 14:03:02 IST

Make AI in India: Three specialized AI centres to be set up in Educational Institutes. National Data Governance Policy to be introduced. Phase 3 of E-Courts to be launched.

CIVIL - #Union Budget 2023-2024
Wed, 01 Feb 2023 14:02:51 IST

Extending benefits of standard deduction to new tax regime for salaried class and pensioners. Increasing tax emption limit to Rs. 25 lakh on leave encashment on retirement for non-governmental employees.

CIVIL - #Union Budget 2023-2024
Wed, 01 Feb 2023 14:02:39 IST

Income limit for rebate of income tax increased from Rs. 5 lakh to Rs. 7 Lakh in the new regime. Highest surcharge rate on income above Rs. 5 crore to be reduced from 37% to 25 % under new regime.

CIVIL - SC: Being Short of Funds to Pay Court Fee Not Sufficient Reason to Condone Delay to File Appeal
Wed, 01 Feb 2023 14:02:28 IST

Supreme Court has held that being short of sufficient funds to pay court fee is not a reason to condone delay in filing appeal, and observed that appeal can be filed in terms of Section 149 CPC and thereafter the defects can be removed by paying deficit court fees.

CIVIL - SC to Courts/Tribunals: Mandatorily Deposit Amounts Deposited by Parties With Registry in Bank
Wed, 01 Feb 2023 14:02:15 IST

Supreme Court has directed all Courts and Tribunals to frame guidelines in cases where amounts are deposited with office/registry of court/tribunal, that such amounts should mandatorily be deposited in bank or financial institution, to ensure that no loss is caused in future.

CRIMINAL - SC: Armed Forces Personnel Liable to Face Disciplinary Action for Adultery
Wed, 01 Feb 2023 10:54:53 IST

Supreme Court Constitution Bench has held that striking down of Section 497 of IPC which criminalized adultery will not impact court martial proceedings initiated against personnel serving the armed forces for adulterous conduct.

CIVIL - SC Bifurcates Petitions in Electoral Bonds Case in Three Sets, to Hear Each Set Separately
Wed, 01 Feb 2023 10:54:41 IST

Supreme Court has bifurcated the batch of petitions concerning the Electoral Bonds scheme into three distinct sets and decided to hear them separately.

CIVIL - Del HC: Can't Disqualify Jhuggi Dwellers from Rehabilitation Only for Lack of Name in Electoral Roll
Wed, 01 Feb 2023 10:54:30 IST

Delhi High Court while observing jhuggi jhopri dwellers can't be disqualified from rehabilitation under State's policy merely because their name doesn't reflect in electoral roll, has held that parties would be permitted to place on record other documents for being considered eligible for scheme.

CIVIL - Madras HC to Centre: Consider Issuing Indian Passport to Sri Lankan Refugees' Daughter
Wed, 01 Feb 2023 10:54:18 IST

Madras High Court while observing that petitioner is for all practical purposes a stateless person and wants passport only to explore overseas employment opportunities has directed Centre to consider issuing passport to a woman, whose parents had escaped to India to save themselves from persecution.

MOTOR VEHICLES - Kerala HC: Insurer Liable to Third Party Even if Driver was Drunk
Wed, 01 Feb 2023 10:54:06 IST

Kerala High Court has held that when driver is drunk, certainly, his consciousness and senses will be impaired so as to render him unfit to drive, but liability under the Policy is statutory in nature and so Company is not liable to be exonerated from payment of compensation to victim.

CRIMINAL - Delhi Court Grants Bail to Shankar Mishra in Air India Urination Case
Wed, 01 Feb 2023 10:53:55 IST

Delhi Court has granted bail to Shankar Mishra, who is accused of urinating on an elderly woman on a New York-Delhi Air India flight in November last year subject to furnishing a bail bond of Rs. 1 lakh.

CRIMINAL - Gujarat Court Sentences Asaram Bapu to Life Imprisonment in Disciple Rape Case
Wed, 01 Feb 2023 10:53:41 IST

Gujarat Court, Gandhinagar has sentenced Godman Asaram to life imprisonment in connection with a case in which he was convicted for repeatedly raping a disciple in his Ahmedabad based Ashram.

CRIMINAL - Delhi Court Discharges Man Accused of Providing Gun to Shahrukh Pathan
Tue, 31 Jan 2023 13:57:22 IST

Delhi Court has discharged Babu Wasim, who was accused of an providing gun to Shahrukh Pathan, an accused in a Northeast Delhi riots case, however charge under section 174A (non-appearance in response to a proclamation) of Indian Penal Code was framed against him.

CRIMINAL - MP HC Denies Bail to Man Who Allegedly Rape Victim by Impersonating as Hindu
Tue, 31 Jan 2023 13:57:07 IST

Madhya Pradesh High Court while denying bail to one Hashim, who has been accused of raping a girl belonging to the Scheduled Caste (SC) community by impersonating himself as a Hindu, has observed that such offences are dangerous for communal harmony in society.

CRIMINAL - SC: Can Quash Criminal Proceedings When Attempt Was to Cloak Civil Dispute as Criminal Offence
Tue, 31 Jan 2023 13:56:53 IST

Supreme Court has held that criminal proceedings can be quashed under Section 482 CrPC when it is found that the attempt was to give a cloak of criminal offence to a dispute which is essentially of civil nature.

INSOLVENCY - SC to Successful Bidder for Jet Airways: Clear PF, Gratuity Dues of Employees
Tue, 31 Jan 2023 10:52:14 IST

Supreme Court has refused to interfere with the order of NCLAT which directed the Jalan Fritsch consortium, the successful resolution applicant for Jet Airways Ltd, to clear the gratuity and provident fund dues of the employees.

FAMILY - SC: Marriage is Based on Love And Affection, Not Terms And Conditions
Tue, 31 Jan 2023 10:52:01 IST

Supreme Court while hearing a plea pertaining to a marital dispute between a husband-wife duo, has orally observed that Matrimony is based on mutual love and affection and not on terms and conditions.

CRIMINAL - SC: Not Every Breach of Promise to Marry is Rape
Tue, 31 Jan 2023 10:51:48 IST

Supreme Court while acquitting a man who was concurrently convicted in a rape case, has observed that it would be wrong to consider every breach of promise to marry as a false promise and to prosecute a person for the offence of rape under Section 376 IPC.

CRIMINAL - SC to Trial Courts: Don't Record Witness Testimonies Only in English
Tue, 31 Jan 2023 10:51:35 IST

Supreme Court has disapproved of the practice of trial judges recording the testimonies of a witness only in the English language form as translated by the judge, when the witness testifies in a different language, and must follow Section 277 CrPC.

FAMILY - Cal. HC: Seeking Enhanced Maintenance After Blocking Husband's Pension is Abuse of Law
Tue, 31 Jan 2023 10:51:22 IST

Calcutta High Court has observed that case where a wife blocks a substantial source of income of husband and then claims an enhancement of maintenance, a really difficult situation for husband. This clearly amounts to an abuse of process of law and is against interest of Justice.

MOTOR VEHICLES - Gauhati HC: Ex-Gratia Payment Not to be Returned to Insurer Upon Determination of Compensation
Tue, 31 Jan 2023 10:51:06 IST

Gauhati High Court has held that ex-gratia amount granted to a motor accident victim as per State policy would not have to be returned to the insurer upon an actual payment of compensation being made to the victim.

CRIMINAL - NIA Court Awards Death Penalty to Convict in Gorakhnath Temple Attack Case 2022
Tue, 31 Jan 2023 10:50:52 IST

Special NIA Court in Lucknow District has awarded death penalty to one Ahmad Murtaza Abbasi for forcefully entering the Gorakhnath Temple last year in April and attacking security personnel deployed at the premises with a sickle.

CRIMINAL - Delhi Court to Tihar Jail: Provide Calling Facility Thrice a Week to Umar Khalid, Sharjeel Imam
Tue, 31 Jan 2023 10:50:38 IST

Delhi Court has directed Tihar Jail authorities to provide inmate calling facility for five minutes thrice a week to Umar Khalid, Sharjeel Imam, and others, who are accused in the larger conspiracy case concerning 2020 North-East Delhi riots.

FAMILY - SC: Sons of Person Who Relinquishes Rights in Father's Property Estopped from Claiming Share
Mon, 30 Jan 2023 11:02:34 IST

Supreme Court has held that when a son relinquishes their right to the self-acquired property of the father and the conduct is accompanied by receipt of a consideration the principle of estoppel will apply qua the son and his successors.

CIVIL - SC to Madras HC: Take Corrective Measures in Case Where Different Orders Uploaded on Website
Mon, 30 Jan 2023 11:02:21 IST

Supreme Court has directed Madras High Court to take necessary corrective measures in a case where the order uploaded in the website of the Madras High Court was found to be different from the order which was initially pronounced.

CIVIL - SC: Religion is Important Only When Relevant Under Law
Mon, 30 Jan 2023 11:02:10 IST

Supreme Court while hearing PIL for enforcement of Section 12(1)(c) RTE Act has held that religion is important in our country only when its relevant under the law, otherwise for all purposes India is a secular country.

CIVIL - SC: Mere Filing of Appeal Does Not Operate as Stay of Decree Under CPC
Mon, 30 Jan 2023 11:01:59 IST

Supreme Court has held that keeping in view the provisions as contained in Order 41 Rule 5 of CPC, unless the appeal is listed and there is an interim order, the mere filing of the appeal would not operate as a stay.

CIVIL - SC to Defaulting States/UT: Upload Information About Mental Health Facilities in Online Portal
Mon, 30 Jan 2023 11:01:48 IST

Supreme Court has directed five defaulting States/Union Territories to upload information concerning mental health facilities in the online dashboard created by the Ministry of Social Justice and Empowerment.

CRIMINAL - Delhi HC Grants Bail to POCSO Accused After Victim Offers to Stand as Surety for Him
Mon, 30 Jan 2023 11:01:35 IST

Delhi High Court has granted bail to a 20 year old in a POCSO case after victim, the wife of accused, told the court that they were in a consensual relationship at the time of alleged offence, and is offering to stand as surety for him in case he is granted bail.

CRIMINAL - Delhi HC to State: Set Up 'One Stop Centres' for Women & Children in Every District
Mon, 30 Jan 2023 11:01:22 IST

Delhi High Court has directed the Delhi Government to set up "one stop centres" for Women & Children in every district in compliance of a Supreme Court decision in Nipun Saxena v. Union of India of 2018.

CIVIL - Delhi HC to DSLSA: Provide Roadmap for Implementing Para-Legal Volunteers Scheme in Police Stations
Mon, 30 Jan 2023 11:01:10 IST

Delhi High Court has directed Delhi State Legal Services Authority (DSLSA) to provide a roadmap for implementing its scheme for engaging paralegal volunteers in 50 police stations to help and assist in cases concerning missing children and offences against children.

CONSTITUTION - Bombay HC: Liquor Ban for Long Period Violates Merchants' Right to Livelihood
Mon, 30 Jan 2023 11:00:59 IST

Bombay High Court while reducing 4 day ban on liquor sale in various districts in Maharashtra due to MLC graduate constituencies elections to just the day of voting, has held that longer ban would violate the merchants' right to livelihood under Article 21 of the Constitution.

ARBITRATION - Bombay HC: Court Not Powerless to Appoint Appropriate Arbitral Tribunal
Mon, 30 Jan 2023 11:00:48 IST

Bombay High Court has held that even if party's right to appoint its nominee in Arbitral Tribunal is forfeited because it failed to exercise its right within the statutory period, it would not render the Court powerless to appoint an appropriate Arbitral Tribunal.

CIVIL - Madras HC: Total Ban on Conduct of Religious Meetings Not Possible
Mon, 30 Jan 2023 11:00:17 IST

Madras High Court while allowing Indu Makkal Katchi-Tamizhagam to conduct their State conference on 29th January 2023, has held that there could not be a total ban on conduct of religious meetings.

CIVIL - Ker. HC Directs Implementation of Procedure for Impleading Legal Heirs of Deceased Parties
Mon, 30 Jan 2023 11:00:04 IST

Kerala High Court while ordering for the implementation of the Division Bench order in State of Kerala v. Govindan, has directed for the implementation of a uniform procedure to be followed while impleading the legal heirs of deceased parties.

FAMILY - Ker. HC: Major Unmarried Daughter Can't Claim Maintenance Just Because She Can't Maintain Herself
Mon, 30 Jan 2023 10:59:53 IST

Kerala High Court has held that an unmarried daughter who attained majority cannot claim maintenance from her father under Section 125(1) CrPC, merely on the ground that she does not have means for her sustenance.

CIVIL - Bom. HC: Informers Take Huge Risks to Furnish Information; Shall Be Rewarded As Per Policy
Fri, 27 Jan 2023 14:32:12 IST

Bombay High Court has observed that informers take huge risks to give important information to the authorities and the authorities should reward them as per the government policy.

CIVIL - Pat. HC Stops Grant-in-Aid Of 609 Madrasas In Bihar Till Completion Of Enquiry On Entitlement
Fri, 27 Jan 2023 14:31:58 IST

Patna High Court has directed the Bihar Government to halt the release of grant-in-aid in favour of 609 Madrasas until the pending enquiry on their entitlement and compliance of statutory provisions is not concluded.

CRIMINAL - Gau. HC: Extra-Judicial Confession Must Be Corroborated By Other Reliable Evidence For Conviction
Fri, 27 Jan 2023 14:31:45 IST

Gauhati High Court while setting aside the conviction and life sentenced of applicant under Section 302 of IPC by the trial court has reiterated that extra judicial confession is a weak piece of evidence and it has to be corroborated by cogent and reliable evidence.

MOTOR VEHICLES - Ker. HC: Mentally Retarded Persons' Eligible For Tax Exemption In Purchase of Motor Cars
Fri, 27 Jan 2023 14:31:33 IST

Kerala High Court has ruled that 'mentally retarded persons' are also entitled to tax exemption in purchase of motor cars, on par with the physically handicapped persons under the notification issued by the state government in 1998 under Section 22 of the Kerala Motor Vehicles Taxation Act, 1976.

INTELLECTUAL PROPERTY RIGHTS - Cal. HC: Test of Inventiveness Must be Applied By Considering the Invention As Whole
Fri, 27 Jan 2023 14:31:19 IST

Calcutta High Court in hearing an appeal under Section 117A(2) of the Patents Act, has ruled that test of inventiveness of an invention, sought to be registered under the said Act, has to be applied by considering the invention as a whole.

CRIMINAL - SC: Lapse Of Time Between Injury, Death Doesn't Reduce Liability In Murder Case
Fri, 27 Jan 2023 10:29:44 IST

Supreme Court has observed that when a victim dies after a lapse of considerable time due to injuries inflicted by an accused, it would not diminish the liability of the perpetrator in a murder case.

LAW OF MEDICINE - Centre To Del. HC: Not Permissible To Take One Dose Of Covishield And Another Of Covaxin
Fri, 27 Jan 2023 10:29:33 IST

Central Government has informed the Delhi High Court that it is not permissible for an individual to take first dose of Covishield and second dose of Covaxin.

CIVIL - Del. HC: Woman Has Right To Say 'Yes' Or 'No' To Being Mother In Rape Cases
Fri, 27 Jan 2023 10:29:19 IST

Delhi High Court has observed that denying a woman the right to medical termination of pregnancy in sexual assault cases, would amount to "denying her the human right to live with dignity" as she has a right in relation to her body including the right to say "yes or no" to being a mother.

CIVIL - Del. HC: Objections U/S 47 CPC Can't Be Considered In Enforcement Petition U/S 36 A&C Act
Fri, 27 Jan 2023 10:29:08 IST

Delhi High Court has ruled that objections available under Section 47 of Code of Civil Procedure, 1908 cannot be considered by a Court at the time of enforcement of an arbitration award under Section 36 of the Arbitration & Conciliation Act, 1996.

ARBITRATION - Delhi HC: Arbitration Clause Continues To Operate Even After Dissolution Of Partnership
Fri, 27 Jan 2023 10:28:55 IST

Delhi High Court has observed that an arbitration clause contained in a contract executed with a partnership firm, will continue in effect even after the death of a partner causes the dissolution of the partnership.

CRIMINAL - Kar. HC Quashes Criminal Proceedings Against Man For Posting 'Pakistan Zindabad' Message on FB
Fri, 27 Jan 2023 10:28:44 IST

Karnataka High Court has quashed proceedings initiated against a man for posting on his Facebook page a message,the contents of which, as claimed by Police, amounted to insulting the soldiers and disturbing the peace and tranquillity of the society.

CRIMINAL - Madhya Pradesh HC Quashes Rape FIR Against Indian Railway Officer In Case Of Malicious Prosecution
Fri, 27 Jan 2023 10:28:33 IST

Madhya Pradesh High Court has quashed a First Information Report (FIR) registered against the then Additional Divisional Railway Manager, Bhopal Gaurav Singh for raping a clerk working under him calling it a case of 'malicious prosecution' and an 'abuse of process of law'.

ARBITRATION - Madras HC: Non - Signatory Can Be Referred To Arbitration Under 'Doctrine Of Alter Ego'
Fri, 27 Jan 2023 10:28:23 IST

Madras High Court has held that non-signatories to arbitration agreement can be referred to arbitration by invoking the 'doctrine of alter ego' only in exceptional cases where there is convincing evidence that the non-signatory is the 'alter ego' of the signatory.

INSOLVENCY - NCLAT, Chennai: No Condonation Beyond 45 Days, IBC Overrides Limitation Act
Fri, 27 Jan 2023 10:28:12 IST

National Company Law Appellate Tribunal, Chennai ruled that Section 238 of Insolvency & Bankruptcy Code, 2016 overrides Section 12 of the Limitation Act, 1963. The court declined to condone a delay of 55 days in filing of appeal, which was caused due to time taken to obtain certified copy of order.

INSOLVENCY - NCLAT, Delhi: After Adoption Of Swiss Challenge Method, RA Not Allowed To Submit Revised Plan
Fri, 27 Jan 2023 10:27:59 IST

National Company Law Appellate Tribunal while adjudicating an appeal filed in Jindal Stainless Ltd. v Mr. Shailendra Ajmera & Anr., has observed that after adoption of Swiss Challenge Method to find out the best plan, one Resolution Applicant cannot be allowed to submit a revised plan.

CONSTITUTION - CJI DY Chandrachud: 1,091 SC Judgments To Be Released In Regional Languages On Republic Day
Wed, 25 Jan 2023 14:24:31 IST

Chief Justice of India (CJI) DY Chandrachud has said that the process of releasing Supreme Court (SC) judgments in regional languages has begun and as a first step towards the same, 1,091 judgments of the top court will be released in Odia, Garo and other regional languages on Republic Day.

GOODS AND SERVICES TAX - Del. HC: Payment Of Tax And Penalty To Release Detained Goods Can't Be Treated As "Admission"
Wed, 25 Jan 2023 14:24:19 IST

Delhi High Court has held that the payment of tax and penalty to release the detained goods shall not be treated as "admission" on part of the assessee. The court has observed that the petitioner had paid the tax and penalty for the release of the goods and that the said payment was not voluntary.

COMMERCIAL - Calcutta HC Allows Use Of Hookah In Licensed Restaurants And Bars
Wed, 25 Jan 2023 14:24:08 IST

Calcutta High Court has allowed use of hookah in restaurants and bars in the State after noting that the Central as well as the State governments earn huge revenue by lawful sale of tobacco products.

MOTOR VEHICLES - Gau. HC: Commissioner Can Order Insurer To Directly Compensate Employee Injured In Motor Accident
Wed, 25 Jan 2023 14:23:55 IST

Gauhati High Court has upheld an order whereby the Insurance company was directly made liable to pay compensation to an employee injured in a motor accident during the course of his employment.

DIRECT TAXATION - ITAT: 2% TDS Deductible On Common Area Maintenance Charges
Wed, 25 Jan 2023 14:23:43 IST

Income Tax Appellate Tribunal (ITAT), Delhi has ruled that 2% Tax Deducted at Source (TDS) is deductible on common area maintenance charges. The court observed that the common area maintenance charges were not part of the actual rent paid to the owner by the assessee company.

BANKING - SC Sets Aside Allahabad HC Order Refusing To Entertain YES Bank's Plea
Wed, 25 Jan 2023 10:46:51 IST

Supreme Court has set aside the Allahabad High Court order refusing to entertain the Yes Bank plea challenging police investigation into an FIR lodged by the Essel Group in connection with the bank-Dish TV dispute on pledging of shares.

CONSTITUTION - Kiren Rijiju: Making IB, RAW Reports Public a Matter Of Grave Concern
Wed, 25 Jan 2023 10:46:39 IST

Union Law Minister Kiren Rijiju has said that it was a "matter of grave concern" that certain portions of sensitive reports of the Intelligence Bureau and the Research and Analysis Wing were put in public domain by the Supreme Court collegium.

CONSTITUTION - Del. HC Notifies Rules For Live Streaming and Recording Of Court proceedings
Wed, 25 Jan 2023 10:46:27 IST

Delhi High Court has notified 'Steaming and Recording of Court Proceedings Rules of the High Court of Delhi, 2022' for "imbuing greater transparency, inclusivity and foster access to justice." The Rules were notified in the official gazette on January 13.

CRIMINAL - Bom. HC Grants Pre-Arrest Bail to Neighbour Booked Under SC/ST Act for Whistling
Wed, 25 Jan 2023 10:46:14 IST

Bombay High Court has granted anticipatory bail to three persons accused of committing atrocities against a member of a Scheduled Caste observing that mere creation of sound by accused in his own house cannot mean that it was with sexual intent.

CIVIL - Bom. HC: Failure To Adjust Interest Paid Is Hyper-Technical, Should Not Affect Sabka Vishwas Scheme
Wed, 25 Jan 2023 10:46:01 IST

Bombay High Court has ruled that failure to adjust interest paid by the National Centre for the Performing Arts (NCPA) was hyper- technical and should not come in the way of implementation of Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 ( SVLDRS).

INTELLECTUAL PROPERTY RIGHTS - Bom. HC Refuses To Stop GoDaddy From Registering Future Domain Names Infringing Swiggy's Trademark
Wed, 25 Jan 2023 10:45:42 IST

Bombay High Court while refusing to stop GoDaddy, a Domain Name Registrar from registering future domain names infringing Swiggy's trademark has directed it to inform food delivery service 'Swiggy' each time a domain name containing its trademark 'SWIGGY' is registered.

CIVIL - Ker. HC Directs Claims Commissioner To Start Proceedings For Quantification Of Loss From Next Week
Wed, 25 Jan 2023 10:45:25 IST

Kerala High Court has directed the Claims Commissioner to commence proceedings for quantification of the damages caused on account of Flash Hartal called by Popular Front of India (PFI) in September 2022, from next week onwards.

PROPERTY - Kar. HC: State Can't Compel Landowners To Give Up Their Land Except In Accordance With Law
Wed, 25 Jan 2023 10:45:08 IST

Karnataka High Court has said that if some landowners have relinquished their land it cannot be a ground to compel other landowners to do so except in accordance with law.

CIVIL - Ker. HC: Presence Of Gold In Pocket Sans Appropriate Documentation Raises Suspicions Of Tax Evasion
Wed, 25 Jan 2023 10:44:53 IST

Kerala High Court has ruled that the presence of gold in your pocket without the appropriate documentation raises suspicions of evasion of tax.

GOODS AND SERVICES TAX - AAAR: Administering Of COVID-19 Vaccine By Hospitals Attracts 5% GST
Wed, 25 Jan 2023 10:44:40 IST

Andhra Pradesh Appellate Authority for Advance Ruling (AAAR) has observed that hospitals must pay 5% Goods and Service Tax (GST) when administering the COVID-19 vaccine.

CONSTITUTION - Del. HC Notifies Rules For Live Streaming and Recording Of Court proceedings
Tue, 24 Jan 2023 14:27:22 IST

Delhi High Court has notified 'Steaming and Recording of Court Proceedings Rules of the High Court of Delhi, 2022' for "imbuing greater transparency, inclusivity and foster access to justice." The Rules were notified in the official gazette on January 13.

INTELLECTUAL PROPERTY RIGHTS - Bombay HC Grants Relief To Yoko Sizzlers In An Intellectual Property Rights Suit
Tue, 24 Jan 2023 14:27:08 IST

Bombay High Court granted interim relief to Yoko Sizzlers in an IPR suit filed by it against Yokoso Sizzlers and has restrained a Pune-based restaurant from using the mark 'Yokoso Sizzlers', observing that prima facie it is deceptively similar to the registered trademark 'Yoko Sizzlers'.

FAMILY - Chhattisgarh HC: Maintenance Tribunal Has Power To Order Eviction Of Children From Parents House
Tue, 24 Jan 2023 14:26:54 IST

Chhattisgarh High Court has ruled that Maintenance Tribunal possesses power under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 ('the Act') to order eviction of children from the houses of their parents.

SERVICE - Kerala HC Directs State To Revise Minimum Wages Of Nurses In Private Sector
Tue, 24 Jan 2023 14:26:42 IST

Kerala High Court has directed the State government to revise the minimum wage of nurses working in the private sector in the State. The Court has directed that the said exercise ought to be undertaken within a period of 3 months.

LAND ACQUISITION - Ori. HC: Don't Release Salaries Of Collector Till Compensation is Released For Land Acquired In 1961
Tue, 24 Jan 2023 14:26:29 IST

Orissa High Court has directed that the salaries of Collector and two other senior officers of the Angul district administration shall not be released till payment of compensation to the people whose land was acquired in 1961.

CIVIL - Mad. HC: Pre-Institution Mediation Is Pre-Suit Legal Drill, Can't Be Post Suit Exercise
Tue, 24 Jan 2023 14:26:12 IST

Madras High Court has highlighted that "pre-institution mediation" mandated under Section 12A of the Commercial Courts Act, 2015 is a pre-suit legal drill and it cannot be ordered as a post suit exercise.

SERVICE - Patna HC: Departmental Proceeding Against Employee Abates With Death; No Substitution In His Place
Tue, 24 Jan 2023 14:26:00 IST

Patna High Court has reiterated that departmental proceedings against a delinquent employee abate with his death and therefore, no one can be substituted in his place to represent him to put forward a defence.

CIVIL - SC Refuses To Vacate Stay On Restoration Of Criminal Case Against Former Karnataka CM Yediyurappa
Tue, 24 Jan 2023 10:52:39 IST

Supreme Court has dismissed an application seeking to vacate an earlier order of the Court that stayed the restoration of a criminal case against former Karnataka Chief Minister (CM) B.S. Yediyurappa and former State Industries Minister Murugesh Nirani in an alleged illegal land de-notification case

SERVICE - Delhi HC: COVID-19 Vaccination Can't Be Insisted Upon By Employer to Government School Lecturer
Tue, 24 Jan 2023 10:52:24 IST

Delhi High Court while observing that COVID-19 vaccination cannot be insisted upon by the employer, has granted relief to a government school lecturer seeking permission to teach and undertake other responsibilities without being forced to take the vaccine.

CIVIL - Del. HC: Don't Disclose Identity Of Minors Seeking Termination Of Pregnancy In Report To Police
Tue, 24 Jan 2023 10:52:09 IST

Delhi High Court has directed the Delhi Government to issue a circular directing that the identity of a minor girl, who is seeking medical termination of her pregnancy, and her family shall not be disclosed in the report prepared by registered medical practitioners (RMP) to the police.

CIVIL - Del. HC Seeks Centre's Response On Plea Challenging Blocking Of Satirical Website 'Dowry Calculator'
Tue, 24 Jan 2023 10:51:59 IST

Delhi High Court has sought Union Government's response on a plea moved by journalist Tanul Thakur against blocking of his website "Dowry Calculator", a satire on India's dowry system.

CRIMINAL - Delhi HC Refuses To Quash Money Laundering Case Against Raghav Bahl; Calls Plea 'Premature'
Tue, 24 Jan 2023 10:51:46 IST

Delhi High Court has refused to quash a money laundering case against The Quint's founder, Raghav Bahl at this stage. The court at this stage also refused to quash the lookout circular (LOC) against him.

CIVIL - Bom. HC Directs Police To Not Take Action Against Rakhi Sawant In 'Obscene Video' Circulation Case
Tue, 24 Jan 2023 10:51:34 IST

Bombay High Court has asked the Police not to arrest celebrity Rakhi Sawant till Tuesday in a case filed by another model. According to the prosecution, Rakhi Sawant showed some videos of the complainant which are sexually explicit in nature to the media.

BANKING - Bombay HC: Administrator Could Not Have Taken Policy Decision After Reconstruction of Yes Bank
Tue, 24 Jan 2023 10:51:22 IST

Bombay High Court has set aside Yes Bank's decision to write of Additional Tier 1 bonds Rs. 8415 Crore value observing that the Reserve Bank of India (RBI) appointed Administrator could not have taken such a policy decision after the bank already stood reconstituted.

FAMILY - Guj. HC: Time Limit To File Appeal Is 90 Days in Matrimonial Dispute Under Hindu Marriage Act
Tue, 24 Jan 2023 10:51:07 IST

Gujarat High Court has reiterated that the time limit for filing an appeal challenging a judgment or order of Family Court arising out of a matrimonial dispute under Hindu Marriage Act, 1955 is 90 days.

MOTOR VEHICLES - Ker.HC: Owners Also Liable u/s 113 (3) of Motor Vehicles Act When Vehicle Driven With Excess Weight
Tue, 24 Jan 2023 10:50:56 IST

Kerala High Court has observed that owners of the vehicles are also liable to be prosecuted under Section 113(3) of the Motor Vehicles Act, 1988 in case they have permitted the vehicle to be driven with excess weight.

CIVIL - All. HC: Right To Cross-Examine Witness Can Be Denied Only In Exceptional Circumstances
Tue, 24 Jan 2023 10:50:45 IST

Allahabad High Court has ruled that the right to cross-examine a witness is a right that may be denied only in exceptional circumstances or in such circumstances where the order sheet reveals that the other side/ party is habitual in seeking adjournments for one reason or another.

BANKING - Bombay HC: Administrator Could Not Have Taken Policy Decision After Reconstruction of Yes Bank
Mon, 23 Jan 2023 14:16:43 IST

Bombay High Court has set aside Yes Bank's decision to write of Additional Tier 1 bonds Rs. 8415 Crore value observing that the Reserve Bank of India (RBI) appointed Administrator could not have taken such a policy decision after the bank already stood reconstituted.

CRIMINAL - Cal. HC: Accused Must Apply For Default Bail On Expiry Of Statutory Detention Period
Mon, 23 Jan 2023 14:16:32 IST

Calcutta High Court has ruled that an accused under detention as per the NDPS Act cannot be released automatically on statutory bail on the expiry of 180 days which is prescribed under section 36A(4) of the NDPS Act until and unless he makes an application either in written or oral form.

CRIMINAL - Guahati HC: Accused Absconded May Reflect Guilty Mind; Same Is Not Substantive Evidence of his Guilt
Mon, 23 Jan 2023 14:16:20 IST

Gauhati High Court has ruled that an absconding accused reflects guilty state of mind, however, the same cannot be a substantive evidence of his guilt in the absence of other incriminating material linked to the crime.

GOODS AND SERVICES TAX - AAR: GST Not Payable On Reimbursement Of Tree Cut Compensation Paid To Farmers By Pure Agent
Mon, 23 Jan 2023 14:16:10 IST

Authority for Advance Ruling (AAR), Karnataka has observed that a pure agent is not liable to pay Goods and Services Tax (GST) on reimbursement of compensation amounts paid to farmers and landowners.

EXCISE - CESTAT: Payments Made Through Cenvat Account Liable To Be Re-Credited If Excise Duty Paid In Cash
Mon, 23 Jan 2023 14:16:00 IST

Customs, Excise, and Service Tax Appellate Tribunal has ruled that once the duty has been paid in cash, earlier payments made through the Cenvat Account are liable to be re-credited and no objection that such re-credit was not on basis of any eligible document can be adopted by the department.

CRIMINAL - Delhi Court Grants Bail To Man Accused Of Assaulting Swati Maliwal
Mon, 23 Jan 2023 10:43:52 IST

Delhi Court has granted bail to Harish Chander, who is accused of allegedly harassing and assaulting Delhi Commission for Women (DCW) Chief Swati Maliwal on January 19.

CIVIL - Gujarat Court: Problems On Earth Will Be Solved the Day Cow Slaughter Is Stopped
Mon, 23 Jan 2023 10:43:40 IST

Gujarat Court while sentencing 22-year-old man to life imprisonment for illegally transporting cattle from the state of Maharashtra, has recently said that all problems of the earth will be solved and the well-being of the earth will be established the day no drop of blood of cow drops on the earth.

EDUCATION - Kerala Govt. Introduces Legal Internship Programme For ST Community Law Graduates
Mon, 23 Jan 2023 10:43:29 IST

Kerala Government has introduced 'Unnathi', a Legal Internship Programme for 25 LLB graduates from the Scheduled Tribe community at an estimated cost of ?1,62,00,000. The training will be with designated Senior Advocates in the Kerala High Court.

DIRECT TAXATION - Bombay HC: Reassessment Notice after 4 Years should have the Sanction Of PCIT
Mon, 23 Jan 2023 10:43:17 IST

Bombay High Court has ruled that issuing a reassessment notice after four years is subject to the approval of the Principal Chief Commissioner of Income-tax (PCIT).

CIVIL - MP High Court Junks Plea Alleging Illegality In Sale Of Tickets in Ind vs. NZ ODI Match
Mon, 23 Jan 2023 10:43:04 IST

Madhya Pradesh High Court while observing that a PIL on the basis of newspaper reporting is not maintainable, has dismissed a PIL alleging that illegality and fraud has been committed in the sale of tickets for the 3rd ODI Cricket Match between India and New Zealand to be played on Jan 24 in Indore.

COMMERCIAL - Madras HC Asks State "Why Don't You Close Retail TASMAC Outlets By 9:30 PM Instead Of 10 PM?"
Mon, 23 Jan 2023 10:42:53 IST

Madras High Court has recently asked the state government if it was reasonable to close the retail liquor vending shops associated with TASMAC by 9:30 pm and keep the bars running till 10 pm so that the last minute consumers do not end up consuming alcohol on the streets.

CRIMINAL - All. HC Grants Anticipatory Bail To Man Accused Of Inciting Public To Demolish Gyanvapi Mosque
Mon, 23 Jan 2023 10:42:42 IST

Allahabad High Court has granted anticipatory bail (till submission of the police report, if any) to a man accused of inciting the public to demolish the Gyanvapi Mosque.

CRIMINAL - All. HC Grants Bail To Nizamuddin Khan Booked Under UAPA For Alleged PFI Connection
Mon, 23 Jan 2023 10:42:30 IST

Allahabad High Court has granted bail to Nizamuddin Khan, the State President of the Social Democratic Party of India (SDPI) in the UAPA case over his alleged connection with the banned organization Popular Front of India (PFI) and involvement in anti-national activities.

DIRECT TAXATION - ITAT: Hire Charges Received by Owner Under 'Time Charter Agreement' Not Taxable As Royalty
Mon, 23 Jan 2023 10:42:19 IST

Income Tax Appellate Tribunal, Mumbai has ruled that hire charges received by the owner of a ship for chartering its vessel under a 'Time Charter Agreement', is not taxable as 'royalty' under Section 9(1) (vi) of the Income Tax Act, 1961.

GOODS AND SERVICES TAX - AAR, Telangana: 18% GST Payable On The Forest Permit Fee
Mon, 23 Jan 2023 10:42:05 IST

Authority for Advance Ruling (AAR), Telangana has observed that 18% Goods and Services Tax (GST) is payable on the forest permit fee.

GOODS AND SERVICES TAX - All. HC Stays Rs.1,081 Crores GST Demand Against Paytm
Mon, 23 Jan 2023 10:41:55 IST

Allahabad High Court has stayed the Goods and Service Tax (GST) demand of Rs. 1,081 crores against Paytm.

DIRECT TAXATION - ITAT: Interest Income Earned By Co-Operative Society Eligible For Deduction
Mon, 23 Jan 2023 10:41:44 IST

Income Tax Appellate Tribunal, Mumbai has observed that the interest income earned by a co-operative society on its investments held with co-operative banks would be eligible for claim of deduction under section 80P(2)(d) of the Income Tax Act, 1961.

CUSTOMS - CESTAT: No Case Made Out By Customs For Confiscation Of Goods Meant For Export
Mon, 23 Jan 2023 10:41:32 IST

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Delhi has observed that a "No Objection Certificate" (NOC) is not required from the Drug Controller in respect of an export consignment filed for the export of drugs to Liberia.

CRIMINAL - SC: Chargesheet Not a Public Document
Fri, 20 Jan 2023 14:19:37 IST

Supreme Court while observing that Chargesheets are not public documents has held that investigating agencies can't be directed to upload chargesheets in a public platform for easy access by the general public.

CRIMINAL - Delhi HC: Can't Continue Look Out Circular Against Prannoy Roy & Radhika Roy in Perpetuity
Fri, 20 Jan 2023 14:19:26 IST

Delhi High Court has questioned CBI on a look out circular issued against journalists Prannoy Roy and Radhika Roy in 2019 and said that the agency cannot continue it in perpetuity and that the matter cannot go on like this.

CIVIL - Delhi HC Appoints Justice Sikri to Oversee Funds Utilization in ISSF Shooting World Cup 2023
Fri, 20 Jan 2023 14:19:14 IST

Delhi High Court while appointing retired Supreme Court judge, Justice Arjan Kumar Sikri, as Administrator to oversee utilization of funds in upcoming ISSF Shooting World Cup, 2023, has observed that country's prestige will be affected if there is any impediment in organizing the World Cup event.

SERVICE - Delhi HC: Findings of Departmental Enquiry Can't be Challenged on Grounds of Adequacy
Fri, 20 Jan 2023 14:19:02 IST

Delhi High Court has held that findings of disciplinary proceedings cannot be challenged by the employee under Article 226 on the grounds of adequacy or reliability.

SERVICE - Bom. HC to State: Take Strict Action Against Doctors Not Joining Duty in Tribal Regions
Fri, 20 Jan 2023 14:18:49 IST

Bombay High Court has directed State to take stern action against the doctors who do not join posts in tribal areas which have high number of child deaths due to inadequate medical facilities.

CIVIL - SC to HC Registrars' & Law Secretaries: Provide Full Position About Judicial Vacancies to Amicus
Fri, 20 Jan 2023 10:20:31 IST

Supreme Court has assigned States and High Courts to different amicus curiae and directed that within 1 week, Law Secretaries and Registrars shall interact amongst themselves so that comprehensive position about judicial vacancies in district judiciary is given to amicus.

CRIMINAL - SC: Criminal Law Not for Money Recovery
Fri, 20 Jan 2023 10:20:17 IST

Supreme Court while observing that recovery of money is essentially within the realm of civil proceedings, has held that there is no justification in adopting a course that for the purpose of being given the concession of pre-arrest bail, the person apprehending arrest ought to make payment.

SERVICE - SC: Punishment by Disciplinary Authority Can be Interfered With Only if Grossly Disproportionate
Fri, 20 Jan 2023 10:20:06 IST

Supreme Court has held that power of judicial review can be exercised by the Court against punishment imposed by disciplinary authority, only if it is 'strikingly disproportionate'.

CIVIL - Ker. HC: Can't Seek Return of Plaint & Refund of Court Fees After Dismissal of Suit
Fri, 20 Jan 2023 10:19:53 IST

Kerala High Court has held that petitioner can't pray for return of the plaint and court fee as the said course is untenable and impermissible in law, mainly because the petitioner has consciously paid the balance court fee, participated in the trial and has suffered a decree.

CIVIL - Ker. HC: Can't Snoop on Neighbors in Guise of Installing Cameras for Security
Fri, 20 Jan 2023 10:19:37 IST

Kerala High Court has observed that no one should be permitted to snoop into the affairs of their neighbors, in the guise of installing CCTV cameras for security and directed Police Chief to come out with appropriate guidelines regarding the manner in which cameras are to be installed.

ENVIRONMENT - SC Forms Panel to Protect Heritage Sites in Rajasthan After State's Negligence
Thu, 19 Jan 2023 13:54:01 IST

Supreme Court has constituted a five-member Supervisory Committee headed by Former Chief Justice of the Bombay and Rajasthan High Courts Pradeep Nandrajog for the protection and renovation of several heritage sites in the State of Rajasthan.

CRIMINAL - Delhi HC Issues Guidelines for Shielding of POCSO Victims During Bail Hearings
Thu, 19 Jan 2023 13:53:46 IST

Delhi High Court has issued directions regarding the presence of POCSO victims during bail hearings, while observing that the same has an adverse impact on the psyche of the victim, and directed that the victim can be produced virtually before the court, either by the IO or a support person.

EDUCATION - Delhi HC: Not Allowing Student to take Exams on Ground of Arrear of Fees is Violative of Article 21
Thu, 19 Jan 2023 13:53:33 IST

Delhi High Court while observing that child's future can't be allowed to be spoiled and blemished by barring him from taking exam, has held that barring a student from taking exam on ground of non-payment of fees would be infringement of rights guaranteed under Article 21 of Constitution.

ARBITRATION - Delhi HC: Award of Cost Not Containing Reasons is Arbitrary
Thu, 19 Jan 2023 10:17:48 IST

Delhi High Court has held that awarding costs by a stroke of the pen, without stating reasons would fly in the face of section 31(3) as per which an arbitral award shall state the reasons on which it is based, apart from being opposed to well accepted canons of fairness and justice.

CIVIL - All. HC: Use Terms District Judiciary & Trial Courts Instead Of 'Subordinate Judiciary/Courts
Thu, 19 Jan 2023 10:17:34 IST

Allahabad High Court has issued a notification stating that the terms 'district judiciary' and 'trial Courts' shall be used instead of 'subordinate judiciary' and 'subordinate Courts', respectively, in reference to all Courts other than the High Court, in Uttar Pradesh.

CRIMINAL - Allahabad HC Denies Relief to 5 Women Allegedly Involved in Filing False Rape Cases
Thu, 19 Jan 2023 10:17:21 IST

Allahabad High Court has refused to quash FIR against and stay the arrest of 5 women members of alleged 'Nafisa Gang' which is allegedly involved in filing false rape and SC/ST Act cases against innocent persons for extracting money.

CRIMINAL - Kar. HC: Individual Role of Each Accused Can't Be Considered in Bail Application
Thu, 19 Jan 2023 10:17:09 IST

Karnataka High Court has held that individual role of accused can't be considered while deciding bail application filed by accused who was part of an unlawful assembly and allegedly committed the offence in pursuance of a common object.

CRIMINAL - Delhi Court: Journalists Not Exempted from Disclosing Their Sources
Thu, 19 Jan 2023 10:16:56 IST

Delhi Court has held that there is no statutory exemption to journalists from disclosing their sources to investigating agencies, especially if such disclosure is necessary for aiding and assisting in investigation of a criminal case.

SERVICE - SC: Joining Force After Suppressing Criminal Cases is a Grave Misconduct
Wed, 18 Jan 2023 14:24:35 IST

Supreme Court while observing that entering service of disciplined force like CISF by suppressing criminal cases is a gross misconduct, has held that power of judicial review against the orders of departmental enquiry committee is only limited to ensuring that individual receives fair treatment.

CRIMINAL - Delhi HC to CBI: Don't Act on Lokpal Order for Probe Against MCD Officials
Wed, 18 Jan 2023 14:24:24 IST

Delhi High Court has directed Central Bureau of Investigation (CBI) to not act on the order passed by Lokpal of India directing the central agency to initiate a probe against officials of MCD over a complaint alleging illegal and unauthorized constructions in South Delhi area.

CRIMINAL - All. HC: Can't Quash Proceedings on The Basis of Compromise Between Accused and Victim
Wed, 18 Jan 2023 14:24:12 IST

Allahabad High Court while refusing to quash proceedings on the basis of compromise between accused and injured victims has held that crimes was against the society and not against injured sons of informant alone and therefore victims have no authority to pardon accused persons.

RIGHT TO INFORMATION - Guj. HC: Citizens Have Right to Know Rules Under Which They Are Denied Permission to Protests
Wed, 18 Jan 2023 14:23:58 IST

Gujarat High Court while observing that citizens have the right to know the rules based on which the State Police grants or denies permission to hold protests or rallies, has held that non-publication of such rules would kill and smother the very purpose of Right to Information Act.

CRIMINAL - SC: Can't Convict Accused Solely on The Basis of 'Last Seen' Circumstance
Wed, 18 Jan 2023 11:01:28 IST

Supreme Court while setting aside concurrent conviction of murder accused has held that 'last seen' doctrine has limited application and court should not convict an accused only on the basis of this doctrine.

CIVIL - SC Cautions Courts: Wikipedia Not Completely Dependable
Wed, 18 Jan 2023 11:01:16 IST

Supreme Court while cautioning courts and adjudicating authorities against use of 'wikipedia' for legal dispute resolution, has observed that these sources, despite being a treasure trove of knowledge, are based on a crowd-sourced and user-generated editing model that is not completely dependable.

SERVICE - SC: Child Adopted After Death of Govt. Employee is Not Entitled to Family Pension
Wed, 18 Jan 2023 11:01:03 IST

Supreme Court held that a child adopted by widow of a deceased government servant after his death can't be included within the definition of 'family' under Rule 54(14)(b) of Central Civil Services (Pension) Rules, 1972 to claim family pension.

CRIMINAL - All. HC Denies Relief to Kejriwal in Case Over Alleged 'Khuda Believers' Remark
Wed, 18 Jan 2023 11:00:48 IST

Allahabad High Court has upheld Sultanpur Court's order rejecting Delhi CM Arvind Kejriwal's discharge plea filed in connection with 2014 case registered against him allegedly saying "jo Bhajpa ko vote dega use Khuda bhi muaf nahin karega, des ke sath gaddari hogi".

CRIMINAL - P&H HC: Person Can Raise Plea of Juvenility Even After Conviction
Wed, 18 Jan 2023 11:00:23 IST

Punjab and Haryana High Court has held that plea of juvenility can be raised by a person even after his conviction and sentence, as per which plea, the authorities shall be bound to conduct an age determination inquiry.

CIVIL - Gauhati HC Quashes Nagaon Tribunal's 2018 Decision Declaring Assam Resident a 'Foreigner'
Wed, 18 Jan 2023 10:53:46 IST

Gauhati High Court while setting aside a 2018 order of Nagaon Trivunal declaring an Assam resident as a foreigner, has observing that the Foreigners Tribunal did not take note of the material on record while passing the decision.

CRIMINAL - SC: Default Bail Can be Cancelled Based on Reasons Made Out in Chargesheet
Tue, 17 Jan 2023 14:06:38 IST

Supreme Court has held that if special reasons are made out from the chargesheet and the chargesheet reveals commission of non-bailable crime, default bail granted to an accused under proviso to Section 167(2) CrPC can be cancelled.

INSOLVENCY - Delhi HC: Avoidance Applications Survive CIRP
Tue, 17 Jan 2023 14:06:22 IST

Delhi High Court has held that avoidance applications filed under IBC survive even after approval of the resolution plan, in cases where Resolution Plans are unable to account for such applications.

SERVICE - Delhi HC to State: Expedite Process of Filling Up Vacancies of Public Prosecutors in the Capital
Tue, 17 Jan 2023 14:06:08 IST

Delhi High Court while observing that 108 courts in capital are non-functional for want of public prosecutors, has called upon the Delhi government to expedite the process of filling up vacancies of public prosecutors in the capital.

CIVIL - Calcutta HC Decides a 72 Years old Case
Tue, 17 Jan 2023 14:05:56 IST

Calcutta High Court has decided a case that has been pending for over 72 years. The case was instituted in the year 1951 on the original side of the Calcutta High Court.

EDUCATION - All. HC to Schools in UP: Refund/Adjust 15% Fees Paid During COVID-19 Pandemic
Tue, 17 Jan 2023 14:05:44 IST

Allahabad High Court has directed schools in Uttar Pradesh to refund or adjust 15% of extra fees charged during 2020-21 academic session, when the COVID-19 pandemic forced them to shut, towards fees to be paid in the future.

ENVIRONMENT - SC Refers Petitions to Modify 1 Km ESZ Mandate to a Larger Bench
Tue, 17 Jan 2023 10:18:29 IST

Supreme Court has referred the petitions seeking relaxation of the directive to declare one kilometer around protected forests as ecologically sensitive zones (ESZ) to be listed before a three Judge bench.

SERVICE - SC: Difference in Pay Scale Based on Academic Qualification is Valid
Tue, 17 Jan 2023 10:18:16 IST

Supreme Court has held that an academic qualification is a valid criterion to differentiate pay scale for different employees even when the nature of the work undertaken by them is more or less the same.

CIVIL - SC Dismissed Plea to Bring Chief Minister Under Purview of UP Lokayukta Act
Tue, 17 Jan 2023 10:18:04 IST

Supreme Court has dismissed PIL seeking to bring the office of Chief Minister in the purview of Lokayukta Act of the State of Uttar Pradesh.

LAND ACQUISITION - SC: No Benefit of Lapse Available if Delay in Possession is Due to Pending Litigation
Tue, 17 Jan 2023 10:17:52 IST

Supreme Court has held that delay in taking possession of land due to pending litigation does not entitle original owner of land the benefit of lapse under Section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

COMMERCIAL - Delhi HC: Chance of More Money Can't be Sole Criteria for Terminating Contract
Tue, 17 Jan 2023 10:17:39 IST

Delhi High Court while allowing petitions challenging NHAI's decision to invite fresh bids for collection of user fee at two toll plazas has held that mere possibility of more money in public contract can't be sole criteria for terminating contract especially if contracts were for fixed periods.

MEDIA AND COMMUNICATION - Delhi HC to YRF: Prepare Audio Description & Subtitles for Hearing & Visually Impaired People
Tue, 17 Jan 2023 10:17:25 IST

Delhi High Court has directed Yash Raj Films (YRF) to prepare audio description, close captioning and subtitles in Hindi language for the OTT release of its upcoming movie Pathaan to make it accessible for hearing and visually impaired persons.

CIVIL - Bom. HC to State: Inform About Policy on Removal of Obstructions from Footpaths
Tue, 17 Jan 2023 10:16:41 IST

Bombay High Court while expressing concern regarding lack of space for pedestrians to walk due to various structures on footpaths has directed State government to inform the court about its policies regarding obstructions on footpaths in Mumbai.

CRIMINAL - SC: After Presentation of Chargesheet Default Bail Can be Cancelled on Merits
Mon, 16 Jan 2023 13:56:58 IST

Supreme Court has held that there is no absolute bar that once a person is released on default bail, it cannot be cancelled on merits and grounds like not cooperating with the investigation.

COMMERCIAL - Bom. HC to Rapido: Shut Down Operations in Maharashtra Immediately
Mon, 16 Jan 2023 13:56:44 IST

Bombay High Court while hearing Rapido's plea challenging the state's refusal to grant licenses to entities like it, has directed bike taxi aggregator Rapido undertook to close down all its services - bike taxi, rickshaw and food delivery in Maharashtra till January 20, 2023.

INSOLVENCY - All HC: Guarantor's Liability Doesn't Absolve by Itself Upon Approval of Resolution Plan
Mon, 16 Jan 2023 13:56:31 IST

Allahabad High Court has held that approval of a resolution plan under Section 31 of the IBC, does not ipso facto absolve the surety/guarantor of the Corporate Debtor of his or her liability, which arises out of an independent contract of guarantee.

CRIMINAL - Madras HC to State: Compensate Man Detained for 8 Months Despite Acquittal
Mon, 16 Jan 2023 13:56:18 IST

Madras High Court has directed State to award interim compensation to a man who was illegally detained in prison for more than 8 months even after the court had acquitted him of his murder charges.

SERVICE - Madras HC: Can't Deny Maternity Benefits Merely on Technicalities
Mon, 16 Jan 2023 13:56:05 IST

Madras High Court while observing that welfare legislation like Maternity Benefits Act can't be denied merely on the basis of technicalities, has held that woman is not a pendulam and can't be forced to swing between motherhood and employment, as maternity benefit relates to dignity of a woman.

CRIMINAL - Madras HC to State: Ensure Prisoners Can Access Kiosks in Their Own Language
Mon, 16 Jan 2023 13:55:52 IST

Madras High Court has directed State to set up Kiosks inside prisons which will enable the prisoners to know the status of their cases.

CIVIL - AP HC Stays State's Decision to Prohibit Holding of Public Meetings on Roads
Mon, 16 Jan 2023 13:55:37 IST

Andhra Pradesh High Court has stayed the operation of an order passed by the state government prohibiting the conducting of the public meetings on public roads while observing that the impugned order is contrary to the procedure provided under Section 30 of the Police Act, 1861.

CIVIL - Uttarakhand HC to State: Strictly Enforce Construction Ban in Joshimath
Mon, 16 Jan 2023 13:55:23 IST

Uttarakhand High Court has directed State to strictly enforce ban on construction in subsidence-hit Joshimath town in Chamoli district, and asked authorities to appoint a committee of experts to look into matter and submit report to prevent further damage within next two months.

CRIMINAL - SC: Judge Must Give dequate Reasons While Giving Opinion Under Section 432(2) CrPC
Mon, 16 Jan 2023 10:55:32 IST

Supreme Court has held that while giving opinion regarding grant of remission under Section 432(2) CrPC, the Presiding Judge needs to give reasons regarding the factors to be taken into consideration as laid down by Supreme Court in the case of Laxman Naskar v. Union of India.

CONTRACT - SC: Party to Contract Can't Question Amount Levied as Per Contract After Signing it
Mon, 16 Jan 2023 10:55:19 IST

Supreme Court has held that signing a contract and issuing an undertaking in accordance with the contract would estop the parties from challenging the amount of consideration as specified within the terms of the contract.

CIVIL - SC Division Bench Delivers Split Verdict in Civil Appeal from Specific Performance Suit
Mon, 16 Jan 2023 10:55:06 IST

Supreme Court division bench comprising Justices M.R. Shah and B.V. Nagarathna a split verdict in a civil appeal arising out of a suit seeking specific performance of an agreement of sale on whether the plaintiff is entitled to the decree of specific relief.

CRIMINAL - SC Warns UP DG Prisons of Contempt Action if Directions on Premature Release Are Violated
Mon, 16 Jan 2023 10:54:54 IST

Supreme Court while issuing strict directions to Director General of Prisons of Uttar Pradesh to take all necessary steps to ensure that applications for premature release or remission are duly considered has warned Authorities of contempt action the same are not complied with.

PROPERTY - SC Delivers Split Verdict on Issue 'Is Non-Production of Power of Attorney Fatal to Title Suit?'
Mon, 16 Jan 2023 10:54:41 IST

Supreme Court Division Bench has delivered a split verdict in a plea pertaining to the issue that when a sale deed is executed on the strength of a deed of Power Attorney, the non-production of the deed of Power of Attorney in the suit is fatal to the case of the plaintiff.

MOTOR VEHICLES - SC Upholds Constitutional Validity of Section 3A(3) HPMVT Act
Mon, 16 Jan 2023 10:54:27 IST

Supreme Court has upheld the constitutional validity of levy of additional special road tax under Section 3A(3) of Himachal Pradesh Motor Vehicles Taxation (HPMVT) Act, 1972.

DIRECT TAXATION - SC Strikes Down Section 10(26AAA) Income Tax Act as Unconstitutional
Mon, 16 Jan 2023 10:54:07 IST

Supreme Court while striking down exemption provision under Section 10(26AAA) Income Tax Act as unconstitutional for excluding Sikkimese woman because she marries a non-Sikkimese after 01.04.2008, has held that woman has her own identity and mere fact of being married doesn't take that away.

CRIMINAL - SC: Offending Anchors Must be Taken Off Air
Mon, 16 Jan 2023 10:53:52 IST

Supreme Court while hearing pleas related to hate speech incidents has observed that offending anchors should be taken off air and hefty fines should be imposed on channels which are violating the program code.

CRIMINAL - SC: P&H HC Judgment Allowing Minor Muslim Girl to Marry Shouldn't be Treated as Precedent
Mon, 16 Jan 2023 10:53:39 IST

Supreme Court has observed that judgment of the Punjab and Haryana High Court in case Javed v. State of Haryana, which held that Muslim girl aged 15 years can enter into a legal and valid marriage as per personal law, should not be relied upon as a precedent.

CRIMINAL - SC: Raises Serious Questions When Accused Suggest Which Body Should Investigate Case
Fri, 13 Jan 2023 14:02:59 IST

Supreme Court while hearing an SLP moved by CBI challenging Allahabad High Court's order which directed transfer of a dowry-death case investigation, has observed that when there's a single word itself from the accused as to who is to investigate the case that raises a serious question.

ARBITRATION - Del HC: Can Refer to Arbitration Dispute Regarding Use of TM by Partner for His Sole Proprietorship
Fri, 13 Jan 2023 14:02:45 IST

Delhi High Court while observing that disputes relating to subordinate rights in personam arising from rights in rem are arbitrable has held that dispute whether a partner can use the partnership firm's trademark for his own sole proprietorship concern, can be referred to arbitration.

CIVIL - Madras HC Issues Directions to Ensure Safety of Birds During Cockfights
Fri, 13 Jan 2023 14:02:32 IST

Madras High Court has issued a set of directions to be followed while conducting cockfights in connection with Pongal festival at an event in Valakkanampoodi Pudur village of Tiruvallur district.

NARCOTICS - HP HC: S.37 NDPS Act Can't be Invoked in Perpetuity to Dilute Right of Expeditious Trial
Fri, 13 Jan 2023 14:02:16 IST

Himachal Pradesh High Court has held that stringent provisions concerning bail under Section 37 of Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 can't be invoked in perpetuity to dilute right of the accused to an expeditious trial.

ARBITRATION - Del. HC: Appln. U/S 34 A&C Act Doesn't Cease to be Only Because Procedural Requirements Not Complied
Fri, 13 Jan 2023 10:44:31 IST

Delhi High Court has held that an application to set aside an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 (A&C Act) does not cease to be an application merely because the applicant has not complied with certain procedural requirements.

MEDIA AND COMMUNICATION - Delhi HC: Plaintiff Must Show Prima Facie Falsehood in Publication While Seeking Interim Injunction
Fri, 13 Jan 2023 10:44:18 IST

Delhi High Court has held that plaintiff must be held bound to establish that what is about to be published or broadcast is fundamentally removed from the truth, denigratory or slanderous, or else an injunction would justifiably be refused.

CRIMINAL - Cal. HC Grants Bail to UAPA Accused in Custody Since Three Years
Fri, 13 Jan 2023 10:44:06 IST

Calcutta High Court while granting bail to an accused in a case registered under Unlawful Activities (Prevention) Act (UAPA), has observed that there has been an inordinate delay of three years in conclusion of the trial, thereby infringing upon the accused's fundamental rights.

CIVIL - Cal. HC: Shouldn't Interfere With Single Judge Order Merely Because it Has Different Opinion
Fri, 13 Jan 2023 10:43:54 IST

Calcutta High Court has held that division benches should not interfere with well-considered single-judge orders under challenge in intra-court appeals, only because it may have a different opinion.

FAMILY - Guj. HC: Need a Change in Mindset That Married Daughter Shouldn't be Given Any Property
Fri, 13 Jan 2023 10:43:40 IST

Gujarat High Court while observing that marriage of a daughter does not change her status in the family has stated that it is time to change the mindset of people that once a daughter in the family is married, she should not be given any property.

CRIMINAL - Orissa HC: Version of Prosecutrix Need No Corroboration Can't be Taken as a 'Rigid Formula'
Fri, 13 Jan 2023 10:43:27 IST

Orissa High Court while observing that it is too broad a generalization to hold that a woman would never speak which will be detrimental to her character, has held that rule that version of the prosecutrix in rape cases need no corroboration can't be taken as a rigid formula in every single case.

DEFENCE - Delhi HC: Old Pension Scheme Applicable to Personnel of All CAPFs
Thu, 12 Jan 2023 13:49:36 IST

Delhi High Court while observing that paramilitary forces are armed forces of union, has held that benefit of Old Pension Scheme (OPS) in accordance with CCS (Pension) Rules, 1972 shall be applicable for all the personnel of Central Armed Police Forces (CAPF).

CIVIL - Madras HC: Dance Form Shouldn't be Identified Using a Community's Name to Insult Community Members
Thu, 12 Jan 2023 13:49:23 IST

Madras High Court has directed State to ensure that no dance performance is identified using a caste/ tribal community's name so as to insult or degrade the persons belonging to such community.

CIVIL - Gujarat HC Cautioned Against Uncontrolled Human Interference in Wildlife Spots
Thu, 12 Jan 2023 13:49:09 IST

Gujarat High Court while cautioning against uncontrolled human interference in wildlife spots has observed that if human beings start entering the territories of the wild animals, then wild animals are also likely to reciprocate in the same fashion.

ARBITRATION - Delhi HC: Court Cannot Review Order Passed U/S 11 of A&C Act
Thu, 12 Jan 2023 11:48:30 IST

Delhi High Court has held that orders passed in an application filed under Section 11 of Arbitration and Conciliation Act, 1996 (A&C) cannot be reviewed since there is no provision of review contained in the A&C Act.

EDUCATION - Delhi HC to BCI: Legal Profession Will Become Outdated if LLB Courses Not Re-Structured
Thu, 12 Jan 2023 11:48:19 IST

Delhi High Court has told Bar Council of India (BCI) to reconsider existing structure of LLB courses in order to increase diversity of knowledge in the legal profession, or legal profession will otherwise become outdated.

ENVIRONMENT - Kar. HC Orders Isha Yoga Centre to Maintain Status Quo on Construction Activity Near Nandi Hills
Thu, 12 Jan 2023 11:48:08 IST

Karnataka High Court while hearing a PIL, has directed Isha Yoga Centre to maintain status quo on the construction activity being carried out by it near Nandi Hills in Chikkaballapura.

CIVIL - Ker. HC: Court Can Execute its Maintenance Order Against Person Residing Outside its Jurisdiction
Thu, 12 Jan 2023 11:47:56 IST

Kerala High Court has held that even though an order of maintenance may be enforceable at the place where the person against whom it is made resides, the Court also retains the power to execute it outside the jurisdiction where such person is residing.

CRIMINAL - Patna HC Registers Suo Moto Case Against Advocate Accused of Attempting to Rape Law Intern
Thu, 12 Jan 2023 11:47:45 IST

Patna High Court has initiated a suo motu case against an advocate, named Niranjan Kumar who has been accused of attempting to rape a law student-intern inside his office last month.

CRIMINAL - Delhi Court Denies Bail to Accused in Air India Mid-Air Urination Case
Thu, 12 Jan 2023 11:47:33 IST

Delhi Court while denying bail to accused Shankar Mishra in case for urinating on an elderly woman on a New York-Delhi Air India flight in November last year, has observed that alleged act of the accused is utterly disgusting and repulsive and is sufficient to outrage modesty of any woman.

ENVIRONMENT - SC: Make EIA Mandatory for Urban Development
Wed, 11 Jan 2023 13:51:37 IST

Supreme Court while issuing directions to preserve the heritage of 'Corbusier' Chandigarh, has recommended Centre as well as the State to make necessary provisions for carrying out Environmental Impact Assessment (EIA) studies before permitting urban development.

COMMERCIAL - Bom. HC Quashes Orders Cancelling Johnson & Johnson's License for Baby Powder Production
Wed, 11 Jan 2023 13:51:24 IST

Bombay High Court while quashing Maharashtra Food and Drug Administration's orders cancelling Johnson and Johnson's license to manufacture its baby powder at Mulund factory, has observed that FDA's action was unreasonable and arbitrary.

CIVIL - Guj. HC: Life and Liberty of Foreigner Can't Be Invoked on His Behalf When He is Not in India
Wed, 11 Jan 2023 13:51:13 IST

Gujarat High Court has held that a foreign citizen can't invoke Right to life and liberty under the Article 21 of Indian Constitution if he is not himself present in India.

FAMILY - AP HC: SC's Triple Talaq Verdict to Apply Retrospectively
Wed, 11 Jan 2023 13:51:01 IST

Andhra Pradesh High Court while setting aside trial court order and rejecting husband's plaint for declaration of a divorce decree upon pronouncement of triple talaq, has held that operation of Supreme Court's 2017 verdict on Triple Talaq is retrospective in nature.

CRIMINAL - Orrisa HC: Prima Facie Disclosure of Violence Sufficient to Maintain a Complaint Under PWDV Act
Wed, 11 Jan 2023 13:50:49 IST

Orissa High Court has observed that complainant need not mention particulars of every single act of domestic violence in complaint and even a prima facie disclosure of acts of violence would be sufficient to maintain a complaint under Protection of Women from Domestic Violence Act, 2005 (PWDV Act).

ARBITRATION - SC: Limitation U/S 34 A&C Act in Case of Suo Moto Correction of Award is Date of Correction
Wed, 11 Jan 2023 10:52:33 IST

Supreme Court has held that starting point for limitation under Section 34(3) Arbitration and Conciliation Act, in case of suo moto correction of award, would be date on which correction was made and corrected award is received by the party.

CRIMINAL - Del HC: Can File for Pre-Arrest Bail in FIR U/S 376(3) IPC if Incident Happened Prior to 2018
Wed, 11 Jan 2023 10:52:16 IST

Delhi High Court has held that there is no bar to file anticipatory bail under section 438(4) of CrPC in FIR registered under Section 376(3) of Indian Penal Code when the alleged incident happened prior to introduction of Criminal Law (Amendment) Act, 2018.

ENVIRONMENT - Kerala HC: Inclusion of Non-Woven Bags of 60 GSM and Above in List of Single Use Plastic is Illegal
Wed, 11 Jan 2023 10:52:04 IST

Kerala High Court has held that inclusion of non-woven bags of 60GSM and above in list of banned single use plastic items without regard to GSM standards, and in violation of the provisions of the Plastic Waste Management Rules, 2016 is arbitrary and illegal.

CIVIL - Orissa HC: Precedents Must be Applied in Context
Wed, 11 Jan 2023 10:51:52 IST

Orissa High Court while disapproving the manner in which counsel for petitioner sought to place reliance on certain judgments has held that judgments can't be construed mechanically in adjudication of cases and must be applied having regard for the given facts of a case.

CRIMINAL - HP HC: Can't Use Custodial Interrogation to Extract Confession
Wed, 11 Jan 2023 10:51:39 IST

Himachal Pradesh High Court while granting pre-arrest bail to an accused person, has observed that custodial interrogation cannot be used to extract confession.

CRIMINAL - Gauhati HC: Undertrial Can't Seek Private Hospital Treatment When Same is Available in Govt Hospital
Wed, 11 Jan 2023 10:51:27 IST

Gauhati High Court has held that fundamental right to seek medical treatment can't be interpreted and extended to get undertrial treated in a private hospital of his own choice, while such kind of treatment is available in the government Hospitals.

SERVICE - Del. HC: State Can't Deny Reimbursement on Ground Hospital Charged Amount Exceeding Approved Rates
Tue, 10 Jan 2023 13:52:43 IST

Delhi High Court has held that reimbursement of medical expenses under Central Government (Medical Attendance) Rules, 1944 can't be denied on the ground that the hospital charged an amount in excess of the approved rates, in a case where the patient is referred to such hospital.

SERVICE - Delhi HC: Can't Promote Officers of Central Health Services Mechanically
Tue, 10 Jan 2023 13:52:31 IST

Delhi High Court has held that promotion under Dynamic Assured Career Progression Scheme of Central Health Services cannot be made in a mechanical manner solely on basis of number of years of service without considering employee's grading in Annual Confidential Report.

CRIMINAL - Del. HC: Can't Quash Harassment Complaint Merely Because ICC Failed to Complete Enquiry in 90 Days
Tue, 10 Jan 2023 13:52:18 IST

Delhi High Court has held that complaint of sexual harassment and inquiry proceeding can't be quashed merely because internal complaints committee (ICC) failed to complete inquiry within 90 days mentioned under section 11(4) of POSH Act, 2013.

CIVIL - SC Refuses to Stay Eviction Notices Against Unauthorised Occupants in Kalkaji Temple Premises
Tue, 10 Jan 2023 10:44:00 IST

Supreme Court has refused to entertain applications seeking stay of eviction notices issued to occupants of the encroachments within the Kalkaji Temple premises by the Administrator appointed as per the directions of the Delhi High Court.

CONTRACT - SC: Can't Draw Adverse Inference Against Plaintiff for Merely Not Producing Bank Passbook
Tue, 10 Jan 2023 10:43:46 IST

Supreme Court has held that adverse inference cannot be drawn against a plaintiff in a suit for specific performance for not producing his passbook unless he was called upon to produce it.

CIVIL - SC to States: Submit Suggestions for Model Builder-Buyer Agreement With Mandatory RERA Clauses
Tue, 10 Jan 2023 10:43:34 IST

Supreme Court has asked States to submit suggestions to Union Ministry of Housing and Urban Affairs on model builder-buyer agreement with the mandatory provisions of the Real Estate (Regulation and Development) (RERA) Act, 2016.

SERVICE - SC to Centre: Disburse Arrears Under OROP Scheme by March 15, 2023
Tue, 10 Jan 2023 10:43:18 IST

Supreme Court has directed Central government to comply with its earlier order to disburse the arrears under 'One Rank One Pension' (OROP) scheme to eligible pensioners of the armed forces by 15th March 2023.

MEDIA AND COMMUNICATION - Delhi HC: Ad Industry Would Loathe Government Dictated Regulations
Tue, 10 Jan 2023 10:43:04 IST

Delhi High Court while dismissing plea filed to restrain Advertising Standards Council of India from creating impediments in broadcast of advertisement has observed that advertisement industry thrives on creativity and freedom of expression and would loathe a government dictated regulation.

FAMILY - Bom. HC: Denying DNA Test of Child Not Sufficient to Draw Adverse Inference
Tue, 10 Jan 2023 10:42:49 IST

Bombay High Court while dismissing man's plea challenging grant of maintenance to his wife has observed that wife's refusal to undergo DNA test for ascertaining the paternity of girl child is not sufficient to draw an adverse inference.

SERVICE - Madras HC Restraints TANGEDCO Employees from Going on Strike
Tue, 10 Jan 2023 10:42:36 IST

Madras High Court while temporarily restraining employees of TANGEDCO from going on a strike on January 10 or on any future date has observed that since electricity is an essential service, if employees went on strike, it would affect the public at large.

OTHER TAXES - Ker. HC: Sale Under SARFAESI Won't Extinguish Prior Existing Charge for Dues Under State Tax Laws
Tue, 10 Jan 2023 10:42:22 IST

Kerala High Court has held that statutory charge created under Kerala General Sales Tax Act, and Kerala VAT Act, prior to any mortgage made, against the dealers would remain intact, even if the property is sold by Bank under SARFAESI Act until such encumbrances are cleared.

CONSUMER - NCDRC to DLF Universals: Refund Entire Amount for Delay in Handing Over Possession
Tue, 10 Jan 2023 10:42:07 IST

National Consumer Dispute Redressal Commission (NCDRC) has directed DLF Universal to refund entire principal amount of Rs. 37,73,154/- to the complainant along with compensation in the form of simple interest @6% p.a. from for delay in handing over possession.

CONSUMER - NCDRC: Payment Of Fees Should be Through Online Mode
Tue, 10 Jan 2023 10:41:52 IST

National Consumer Dispute Redressal Commission (NCDRC) vide circular dated 09.01.2023 has directed that payment of fees and other transactions will take place through online mode only.

DIRECT TAXATION - SC: WP Can be Allowed to Examine if Conditions to Issue Notice U/S 148 IT Act Are Satisfied
Mon, 09 Jan 2023 14:19:08 IST

Supreme Court has held that writ petitions can been entertained to examine whether the conditions for the issuance of notice under Section 148 of the Income Tax (IT) Act have been satisfied.

DEFENCE - Del HC Upholds Provision Allowing Deduction for Payment of Maintenance to Air Force Personnel's Wife
Mon, 09 Jan 2023 14:18:56 IST

Delhi High Court has upheld the constitutional validity of Section 92(i) of Air Force Act, 1950 which allows deduction from pay and allowance of Air Force personnel for maintenance of the wife and their children.

CRIMINAL - Bombay HC Orders Release of Ex- ICICI Bank CEO Chanda Kochhar in Loan Fraud Case
Mon, 09 Jan 2023 14:18:44 IST

Bombay High Court has ordered the release of former ICICI bank CEO and MD Chanda Kochhar and her husband Deepak Kochhar in a petition alleging illegal arrest.

PROPERTY - AP HC: Can't Appointed Advocate Commissioner to Collect Evidence for Parties
Mon, 09 Jan 2023 14:18:33 IST

Andhra Pradesh High Court while observing that local investigation is best way to find out possession when there is dispute regarding identity of property, has held that Advocate commissioner can't be appointed if there is no dispute about the property, identity and its measurements.

CIVIL - SC: Transferred Judges Don't Go With Labels
Mon, 09 Jan 2023 10:53:54 IST

Supreme Court while giving clarifications regarding how vacancies in High Courts must be categorized when a judge is transferred from another High Court, has stated that the said judge does not go to the transferred High Court with a label of a 'bar judge' or the 'service judge'.

MOTOR VEHICLES - SC: Conduct Expert Committee Meeting Regarding Implementation of Section 136A MV Act
Mon, 09 Jan 2023 10:53:43 IST

Supreme Court while hearing plea regarding road safety through electronic monitoring has directed that a meeting to be convened by chairperson of SC Committee on Road Safety to set out an agreed formulation of modalities for implementing provisions of Section 136A of Motor Vehicles (MV) Act.

CIVIL - SC to Centre: Formulate Scheme for Regulating Funds of NGO
Mon, 09 Jan 2023 10:53:32 IST

Supreme Court while hearing a plea filed by ML Sharma against Anna Hazare for withdrawing money from government and using it for himself, has directed Central Government to formulate a comprehensive legislative or administrative scheme regarding the regulation of funds which come to NGOs.

CRIMINAL - SC Quashed Complaint Alleging Offence Under SC/ST Act
Mon, 09 Jan 2023 10:53:21 IST

Supreme Court while quashing a complaint alleging complaint under Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, has observed that private civil dispute between the parties is converted into criminal proceedings, and it amounted to abuse of process of law.

CIVIL - SC Stays HC's Interim Order Staying Assam-Meghalaya Border Pact
Mon, 09 Jan 2023 10:53:10 IST

Supreme Court has stayed interim order passed by Meghalaya High Court which had put stay on the execution of Assam-Meghalaya border pact, which was entered into by two States subsequent to signing of a Memorandum of Understanding dated 29.03.2022.

CIVIL - SC Transfers Petitions Pending Before HCs' For Recognition of Same Sex Marriages to Itself
Mon, 09 Jan 2023 10:52:59 IST

Supreme Court has transferred to itself petitions seeking recognition of same sex marriages in India and also granted liberty to petitioners to appear on virtual platform and advance their submissions.

ARBITRATION - Del. HC: Can't Consider Participation in Arbitration Proceedings as Waiver of S. 12(5) A&C Act
Mon, 09 Jan 2023 10:52:46 IST

Delhi High Court has held that applicability of Section 12(5) of Arbitration and Conciliation Act can only be waived off by an express agreement and not by mere participation of parties in the arbitration proceedings.

CRIMINAL - Delhi HC to Trial Court Judges: Show Sensitivity Towards Undertrials
Mon, 09 Jan 2023 10:52:34 IST

Delhi High Court while observing that although criminal courts are duty bound to consider rights of victim, they can't overlook the rights of an accused or a convict has advised Trial Court judges to show sensitivity in cases where accused persons are languishing in jails as undertrials.

CRIMINAL - Delhi HC Acquits Man Who Faced Trial Without Any Legal Aid
Mon, 09 Jan 2023 10:52:22 IST

Delhi High Court while acquitting a man as the trial was vitiated due to non-assistance of accused by legal aid counsel, has observed that it a classic case where canons of justice were kept aside by trial court as the accused wasn't provided any effective legal aid.

CIVIL - Madras HC to State: Sell Indian Made Foreign Liquor Only to Licensed Consumers
Mon, 09 Jan 2023 10:52:10 IST

Madras High Court in attempt o curb the menace of alcohol abuse and underage drinking has suggested imposing a licensing regime for the sale, purchase, and usage of Indian Made Foreign Liquor.

CIVIL - Kerala HC: Circulars Issued by Centre or State Not Binding Upon Court
Mon, 09 Jan 2023 10:51:57 IST

Kerala High Court while observing that circulars or clarifications issued by the Central Government represent merely their understanding of the statutory provision has held that they are not binding upon the Court.

CIVIL - Kerala HC: To be Poor is Not a Crime
Mon, 09 Jan 2023 10:51:45 IST

Kerala High Court while ordering release of two children who were sent to shelter home for alleged forced child labour, has held that children helping parents in selling articles on the streets is not child labour.

BANKING - SC: Burden to Prove Secured Properties Are Agricultural Lands is Upon Borrower
Fri, 06 Jan 2023 14:16:09 IST

Supreme Court has held that in proceedings under SARFAESI Act, burden is upon the borrower to prove that the secured properties are agricultural lands and actually being used as agricultural lands and/or agricultural activities.

BANKING - SC: Dues Under MSMED Act Won't Prevail Over Proceedings Under SARFAESI Act
Fri, 06 Jan 2023 14:15:55 IST

Supreme Court has held that Dues under Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 would not prevail over the SARFAESI Act.

MRTP/ COMPETITION LAWS - NCLAT to Google: Deposit 10% of Penalty as Interim Measure
Fri, 06 Jan 2023 14:15:43 IST

National Company Law Appellate Tribunal (NCLAT), Principal Bench while adjudicating an appeal filed in Google LLC & Anr. v CCI, has admitted Google's appeal against CCI order dated 20.10.2022, subject to deposit of 10% of penalty amount of Rs. 1337.76 Crores.

COMPANY - SC Sets Aside NCLAT's Order Impeding Implementation of SC Order
Fri, 06 Jan 2023 10:25:56 IST

Supreme Court while deprecating and setting aside a status quo order passed by NCLAT Delhi which impeded the implementation of an order passed by the Supreme Court, has observed that such an order is inappropriate and almost bordering on contempt.

CIVIL - Del. HC: Court Can Permit Parties to Join Appln. Seeking Leave to Sue Trust Before Grant of Leave
Fri, 06 Jan 2023 10:25:38 IST

Delhi High Court has held that courts can permit a person to join an application seeking leave to institute a suit against a Trust under Section 92 of Code of Civil Procedure, 1908 as at that stage the suit is yet to be instituted.

CRIMINAL - Bombay HC to State: Compensate Man Named in Baseless FIR
Fri, 06 Jan 2023 10:25:23 IST

Bombay High Court while directing State to compensation a man for lodging FIR despite no offence having been disclosed, has observed that police being the custodian of law, need to be more circumspect and cautious whilst registering FIR's.

INTELLECTUAL PROPERTY RIGHTS - Bom. HC Restrains Regal Footwear from Using 'Regal' Trademark
Fri, 06 Jan 2023 10:25:10 IST

Bombay High Court has temporarily restrained Pune's Regal Footwear from using the mark 'Regal' in a trademark infringement suit filed by owners of Mumbai's Regal Shoes.

HUMAN RIGHTS - Madras HC Orders State to Prepare Prisoners' Rights Handbook
Fri, 06 Jan 2023 10:24:56 IST

Madras High Court while directing State and Prison Department for creating a better prison environment and prison culture, has ordered for preparation of a "Prisoners' Rights Handbook" highlighting the rights of the prisoners and their grievance mechanisms.

COMMERCIAL - Kar. HC: Can't Hold License Holder Vicariously Liable for Employee's Actions
Fri, 06 Jan 2023 10:24:41 IST

Karnataka High Court while quashing criminal proceedings against owners of a shop licensed for selling explosives to quarry contractors, has observed that any offence committed by the servant cannot be said to be vicarious liability by the owners/employer in the criminal law.

FAMILY - Kar. HC: Husband's Remarriage Not Ground to Question Divorce Settlement Arrived Earlier
Fri, 06 Jan 2023 10:24:27 IST

Karnataka High Court has held that remarriage of former husband is not a ground to question the divorce settlement arrived between the couple after issues were settled before the court and decree of divorce was granted.

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