| BANKING - SC: SARFAESI Doesn't Give Any License to Bank Officers to Act Against the Scheme of Law |
| Fri, 22 Sep 2023 16:15:55 IST |
| Supreme Court while observing that SARFAESI Act was enacted for speedy recovery and for benefitting the public at large, has held that it does not give any license to the Bank officers to act de hors the scheme of the law or the binding verdicts. |
| CONTRACT - Del. HC: Liquidated Damages Mentioned in Agreement Can't be Awarded in Absence of Proof of Loss |
| Fri, 22 Sep 2023 16:15:44 IST |
| Delhi High Court has held that sum ascertained as liquidated damages in the contract is not in the nature of penalty, but is a pre-estimate of loss estimated by parties in event of breach of contract by other party, and the same can't be dispensed in absence of proof of actual loss. |
| FAMILY - All. HC: Court Can't Mechanically Reject Application for Waiving Off Cooling Period u/s 13B of HMA |
| Fri, 22 Sep 2023 16:15:33 IST |
| Allahabad High Court has held that Family Court can't reject the application for waiving off the cooling period for divorce prescribed under Section 13B(2) of the Hindu Marriage Act, 1955 in a mechanical manner. |
| CRIMINAL - MP HC: S.375 Marital Sex Exemption Also Provides Exemption Under Section 377 of IPC |
| Fri, 22 Sep 2023 16:15:22 IST |
| Madhya Pradesh High Court has held that Section 375 IPC includes all possible parts of penetration by penis and when due to marital sex exemption, the consent of wife becomes immaterial; there is no scope that offence of Section 377 IPC would be attracted against husband. |
| CONSTITUTION - Kar. HC: Alternate Remedy Can't be Used as China Wall Against Invocation of Writ Jurisdiction |
| Fri, 22 Sep 2023 16:15:11 IST |
| Karnataka High Court while relying on judgment in Godrej Sara Lee Ltd vs. Excise & Taxation Officer (MANU/SC/0086/2023), has held that in all cases, the entities answering Article 12 can't press into service the doctrine of alternate remedy as China Wall against invocation of writ jurisdiction. |
| CRIMINAL - Kar. HC: Acquittal Order Can't be Put in Challenge by Stranger to the Case |
| Fri, 22 Sep 2023 16:15:01 IST |
| Karnataka High Court has held that a fresh investigation upon acquittal or conviction of the accused cannot be ordered for an askance by persons who were neither victims, complainants, witnesses or in any way associated with the criminal case in question. |
| BANKING - SC: Right to Redeem Mortgage Extinguishes Once Bank Publishes Auction Notice |
| Fri, 22 Sep 2023 10:59:46 IST |
| Supreme Court has held that right of the borrower to redeem the secured asset stands restricted till the date of publication of sale notice under SARFAESI Act, and not till the completion of the sale or transfer of the secured asset in favour of the auction purchaser. |
| CIVIL - SC: No Party Ought to be Vexed Twice in a Litigation for One and the Same Cause |
| Fri, 22 Sep 2023 10:59:35 IST |
| Supreme Court has observed that the doctrine of Res Judicata is based on public policy flowing from the age-old legal principle that in the interest of State there should be an end to litigation, and no party ought to be vexed twice in litigation for one and the same cause. |
| SERVICE - Del. HC: Cost Accountants and Chartered Accountants Not Similarly Placed Under Law |
| Fri, 22 Sep 2023 10:59:23 IST |
| Delhi High Court while observing that Cost Accountants and Chartered Accountants are not at all similarly placed under law and are governed by two independent statutes, has held that employers can give preference to one over the other in matters of public employment based on requirements of the job. |
| FAMILY - Del. HC: Not Court's Business to Demonstrate Morality of an Act unless it has Caused Harm |
| Fri, 22 Sep 2023 10:59:11 IST |
| Delhi High Court while observing that live-in relationship between married individuals is not criminal, has stated that even if it is demonstrated that an act may be socially undesirable, Court does not find it its business to say so, unless it has caused harm or has element of criminality. |
| CONSTITUTION - Bom. HC Upholds Constitutional Validity of Goa's Green Cess Act |
| Fri, 22 Sep 2023 10:58:59 IST |
| Bombay High Court has upheld the constitutional validity of Goa's Green Cess Act and observed that if the State levies a cess/fee upon Petitioners for taking measures to reduce carbon footprint or to deal with deleterious effects of its increase, Petitioners can't say that they receive no benefits. |
| CONSTITUTION - SC Refuses to Interfere With CWRC Order in Cauvery River Dispute |
| Thu, 21 Sep 2023 14:20:47 IST |
| Supreme Court has refused to interfere with Cauvery Water Management Authority's (CWMA) Order in Cauvery River Dispute, directing State of Karnataka to release 5000 cusecs of water at Biligundlu for 15 days. |
| SERVICE - SC: No Pension if Employee Resigns to Join Another Govt Post Without Permission |
| Thu, 21 Sep 2023 14:20:36 IST |
| Supreme Court has held that if a central government employee makes a resignation from government service for another government job without the permission from government, it will result in the forfeiture of past service and pension benefits. |
| CRIMINAL - Del. HC: Magistrates Taking Cognizance of Offences Can't be a Routine Exercise |
| Thu, 21 Sep 2023 14:20:25 IST |
| Delhi High Court while observing that if there is an order of magistrate taking cognizance of offence then the same would be perfunctory and not reflective of the Magistrate having applied his/her mind, has stated that Magistrate cannot be mechanical in his approach. |
| EDUCATION - Del. HC Upholds Order Staying Circular Mandating Aadhar Card for School Admission under EWS Category |
| Thu, 21 Sep 2023 14:20:14 IST |
| Delhi High Court has upheld single judge order that stayed State's circular mandating Aadhaar card of a child for online admission process in a private school under the EWS or DG category, and held that the impugned Circulars are prima facie in conflict with the constitutional provisions. |
| CRIMINAL - Bombay HC Grants Bail to Mahesh Raut in Bhima Koregaon Case |
| Thu, 21 Sep 2023 14:20:03 IST |
| Bombay High Court has granted bail to Mahesh Raut in the 2018 Bhima Koregaon - Elgar Parishad larger conspiracy case. |
| CRIMINAL - Ker. HC: No Absolute Bar on Grant of Anticipatory Bail in Cases of Rape Against Minors |
| Thu, 21 Sep 2023 14:19:51 IST |
| Kerala High Court while observing that that exclusion of provision for pre-arrest bail embodied in Section 438(4) of CrPC in case of rape against minor is not absolute, has held that there will be no protection available to innocent persons if the exclusion is treated as absolute. |
| CRIMINAL - SC Refers to 7 Judge Bench Issue Regarding Immunity of MPs/MLAs Taking Bribe for Votes |
| Thu, 21 Sep 2023 12:00:26 IST |
| Supreme Court has referred to a 7 Judge bench the judgement in PV Narasimha Rao v State (MANU/SC/0293/1998) that held that legislators enjoyed immunity from prosecution in cases of bribery in relation to parliamentary vote and speech. |
| EDUCATION - Del. HC Upholds DU's Decision to Relax Age Limit for Candidates in Student's Union Elections |
| Thu, 21 Sep 2023 12:00:13 IST |
| Delhi High Court has upheld that decision of Delhi University (DU) to adjust the maximum age limit for undergraduate and postgraduate students contesting the Delhi University Student Union's elections for the academic year 2023-24 to 25 years and 28 years, respectively. |
| CRIMINAL - Chennai Court Rejects Minister Senthil Balaji's Bail Plea in PMLA Case |
| Thu, 21 Sep 2023 12:00:02 IST |
| Chennai Court has dismissed the bail plea of Tamil Nadu Minister Senthil Balaji in PMLA case and observed that allegations against Balaji are categorical and discloses that he has a definite role in the commission of offence. |
| FAMILY - Del. HC: Family Court Can't Grant Divorce on Ground of 'Irretrievable Breakdown of Marriage' |
| Wed, 20 Sep 2023 14:47:35 IST |
| Delhi High Court has held that Family Courts have to restrict their considerations to the parameters of the provision of grant of divorce strictly in accordance with Hindu Marriage Act (HMA), and therefore can't grant divorce on ground of irretrievable breakdown of marriage. |
| FAMILY - Del. HC: Circumstances Along with Age Important to Determine Intelligent Preference of Child |
| Wed, 20 Sep 2023 14:47:22 IST |
| Delhi High Court has held that while considering the intelligent preference of a child to appoint its guardian, not only the age of the child but also the surrounding circumstances of the period of separation and reasons stated for disinclination to meet the parent also assume relevance. |
| CRIMINAL - JH. HC: Criminal Liability Can't be Levied in Every Case of Breach of Contract |
| Wed, 20 Sep 2023 14:47:10 IST |
| Jharkhand High Court has held that criminality cannot be fastened upon the accused persons on mere breach of contract in every case, and parties should not unnecessarily drag out the matter, and instead should try and resolve matter through civil channels. |
| RIGHT TO INFORMATION - Ker. HC: Art. 226 Can't be Invoked to Impose Penalty u/s 20 of RTI Act |
| Wed, 20 Sep 2023 14:46:59 IST |
| Kerala High Court has held that the authority competent to impose a penalty under Section 20 of the Right to Information Act, 2005 cannot approach the High Court by invoking its jurisdiction under Article 226 of the Constitution of India. |
| SERVICE - Del. HC to State: Don't Publish Jobs on Rozgar Portal Which Don't Comply with Minimum Wages Act |
| Wed, 20 Sep 2023 11:07:56 IST |
| Delhi High Court has directed the Delhi Government to ensure that no advertisement is published on the Rozgar Bazaar portal which is non-compliant with the Minimum Wages Act, 1948. |
| CIVIL - Cal. HC: Public Can't Be 'Held Ransom' by Protesters by Causing Rail Blockades |
| Wed, 20 Sep 2023 11:07:44 IST |
| Calcutta High Court while observing that road and rail blockades are variants of 'bandh' and therefore they are illegal and impermissible has held that protesters cannot be permitted to hold the innocent citizens at ransom by calling for indefinite sit-in protest on railway tracks. |
| FAMILY - Madras HC: Academic Break Doesn't Let Go of Husband's Duty to Maintain Wife and Children |
| Wed, 20 Sep 2023 11:07:32 IST |
| Madras High Court has held that merely because husband has taken a study holiday or an Academic break to pursue a Ph.D, his duty to maintain his wife and child cannot take the back seat. |
| FAMILY - Ker. HC: Can't Conduct DNA Test to Clear Mere Suspicion of Paternity |
| Wed, 20 Sep 2023 11:07:20 IST |
| Kerala High Court has held that DNA or other scientific tests cannot be resorted to clear a suspicion regarding the paternity of the child, in the absence of specific denial of paternity of the child. |
| SERVICE - SC: Continuous Working on Contractual Basis Doesn't Created Any Legal Right for Regularization |
| Tue, 19 Sep 2023 14:37:55 IST |
| Supreme Court has held that continuous working in an institute on contractual basis does not create any legal right in their favour to be absorbed or regularized unless there is any scheme for such regularization. |
| MOTOR VEHICLES - Bom. HC: Motor Accident Victim can Claim Compensation from One of the Joint Tortfeasors |
| Tue, 19 Sep 2023 14:37:45 IST |
| Bombay High Court has held that in cases of composite negligence, the law permits a motor accident victim to sue one of the two joint-tortfeasors, and such a claimant cannot be forced by the Tribunal to seek relief against the other joint-tortfeasors also. |
| CONSTITUTION - Del. HC: Constitution Gives Every Individual the Autonomy to Choose Life Partners |
| Tue, 19 Sep 2023 10:57:48 IST |
| Delhi High Court has held that when Constitution of India guarantees to each individual the right to freely practice, profess and propagate any religion, it also guarantees every individual the autonomy for these aspects in matters of marriage. |
| CRIMINAL - P&H HC: State Must Ensure Proper Care to Person in Custody who has Suicidal Tendencies |
| Tue, 19 Sep 2023 10:57:37 IST |
| Punjab and Haryana High Court has held that it is the duty of the State to ensure that sufficient care has been extended towards person in custody who has suicidal tendencies, and an extra watch should be kept so that he would not be successful in his attempts. |
| CRIMINAL - P&H HC: Despite Increase in Salaries of Govt. Employees' Salaries, Corruption Continues in the State |
| Tue, 19 Sep 2023 10:57:24 IST |
| Punjab and Haryana High Court has held that although the salaries of the government employees have increased handsomely over the years but corruption continues unabated as there is no limit to human greed. |
| CIVIL - Kar. HC: Sites for Civic Amenities Cannot be Sold |
| Tue, 19 Sep 2023 10:57:13 IST |
| Karnataka High Court has held that civic amenity sites are not mere parcels of land, but integral components of the urban landscape that directly impact the quality of life of residents, therefore, civic amenity site at the most can be leased and there cannot be outright sale. |
| CRIMINAL - Del. HC: Accused Entitled to Default Bail if Prosecution Files Preliminary or Incomplete Chargesheet |
| Mon, 18 Sep 2023 14:27:28 IST |
| Delhi High Court has held that right of an accused to default bail under Section 167(2) of CrPC would arise in a case where the chargesheet is not filed within the stipulated period, or if prosecution files a preliminary or incomplete chargesheet. |
| CIVIL - Kar. HC: Gomal Land Can be Diverted to Other Larger Public Purposes |
| Mon, 18 Sep 2023 14:27:17 IST |
| Karnataka High Court has observed that there is absolutely no material on record to substantiate the argument that any provision of law is violated by diversion of the Government land for the purpose of waste management or other larger public purposes. |
| FAMILY - Orissa HC: Notaries Cannot Register Marriage |
| Mon, 18 Sep 2023 14:27:04 IST |
| Orissa High Court has held that Notaries are neither authorized to issue certificates of marriage nor are they legally entitled to notarize any signed declaration of marriage, which is apparently beyond the scope of their functions prescribed under section 8 of the Notaries Act, 1952. |
| CYBER LAWS - Ker. HC: Legislature Must Look into the Aspect of Defamation in the Backdrop of Social Media Mania |
| Mon, 18 Sep 2023 14:26:52 IST |
| Kerala High Court while observing that there is no proper punishment for defamatory statements and posters on Facebook, has stated that legislature must look into this aspect seriously, especially in the backdrop of this new era of technology and Social Media mania in existing in our society. |
| CRIMINAL - Jh. HC: Married Woman Can't Claim that Consent was Obtained on False Promise to Marry |
| Mon, 18 Sep 2023 14:26:41 IST |
| Jharkhand High Court has held that a married woman cannot claim that her consent for entering into physical relationship outside marriage was obtained by the accused under the pretense of false promise to marry. |
| INTELLECTUAL PROPERTY RIGHTS - SC: Plaintiff Must Prove Sale/Advertisement Expenses to Establish Goodwill in Passing Off Suit |
| Mon, 18 Sep 2023 11:23:01 IST |
| Supreme Court has held that in a suit for passing off, plaintiff must prove the figures of sales and expenditure incurred on the advertising and promotion of the product to established its reputation or goodwill in connection with the goods in question. |
| CIVIL - SC Stays Kerala HC Order Directing State to Pay Annuity to Legal Heirs of Former Ruler |
| Mon, 18 Sep 2023 11:22:50 IST |
| Supreme Court has stayed Kerala High Court order that directed State Government to pay annuity to the legal heirs of the Malayala Brahmin family and held that State is obligated to pay annuity on the basis of the agreement executed by the respondent's family with the Travancore State. |
| CIVIL - Madras HC: Sanathana Dharama is a Set of 'Eternal Duties' |
| Mon, 18 Sep 2023 11:22:39 IST |
| Madras High Court while observing that Sanathana Dharama is a set of 'eternal duties', has expressed that somewhere an idea appears to have gained ground that Sanadhana Dharma is all about, and only about, promoting casteism and untouchability. |
| DIRECT TAXATION - SC: Non Banking Cooperative Society Providing Credit to Members Eligible for Section 80P Deduction |
| Fri, 15 Sep 2023 14:52:24 IST |
| Supreme Court has held that a co-operative society that is not a co-operative bank under Section 56 of Banking Regulation Act, 1949, then such society giving credit facilities to members doesn't transact the business of banking and is eligible for deduction under Section 80P of the Income Tax Act. |
| CIVIL - Del. HC: Can't Deny Any Person with Disability to Carry on Any Trade or Business |
| Fri, 15 Sep 2023 14:52:11 IST |
| Delhi High Court has held that it would be wholly retrograde, and in derogation of the constitutional guarantees under Articles 14, 19 & 21, to deny the right of a person suffering from any disability, to carry on any trade or business. |
| CIVIL - Ker. HC: State must Protect Right to Privacy of HIV Patients Availing Government Schemes |
| Fri, 15 Sep 2023 14:52:00 IST |
| Kerala High Court while observing that there can be no doubt about the requirement of maintenance of confidentiality of information related to HIV patients availing government schemes, has stated that it is not sufficient to just issue guidelines but also work on their implementation. |
| SERVICE - Ker. HC: Discrimination Against Hepatitis B or HIV Patients Not Allowed in Public Employment |
| Fri, 15 Sep 2023 14:51:47 IST |
| Kerala High Court has observed that one can certainly not countenance, particularly in this age and time that a person be kept out of public employment solely because he is suffering from Hepatitis B or HIV infection as it militates against the collective conscience of the civilized world. |
| BANKING - Ker. HC: Non-Compliance of MSME Framework Doesn't Nullify NPA Declaration Under SARFAESI |
| Fri, 15 Sep 2023 14:51:36 IST |
| Kerala High Court has held that failure to abide by the terms of the notification of 2015 prescribing 'Framework for Revival and Rehabilitation of Micro, Small and Medium Enterprises' cannot render the declaration of the account as NPA under SARFAESI Act, void or bad in law. |
| ENVIRONMENT - SC to Delhi Police: Cases Against Persons Bursting Firecrackers Not the Solution |
| Fri, 15 Sep 2023 10:50:49 IST |
| Supreme Court while observing that filing cases against persons bursting firecrackers may not be the solution as there is no point in taking action after the violation has occurred, has directed Delhi Police to find the source and take action so as to nip the issue in the bud. |
| FAMILY - Del. HC: Divorced Daughter Not a Dependent u/s 21 of HAMA |
| Fri, 15 Sep 2023 10:50:37 IST |
| Delhi High Court has held that an unmarried or widowed daughter is recognized to have a claim in the estate of the deceased, but a "divorced daughter" does not feature in the category of dependents entitled to maintenance from the estate of her deceased father under HAMA. |
| MOTOR VEHICLES - Del. HC: Provisions of Motor Vehicles Act Applicable for Electric Vehicles |
| Fri, 15 Sep 2023 10:50:25 IST |
| Delhi High Court has held that all the provisions under the Motor Vehicle (MV) Act and the Central Motor Vehicle Rules pertaining to requirement of registration, mandatory insurance cover, wearing of protective headgear, penal provisions etc. are applicable to EVs or battery operated vehicles. |
| FAMILY - Del. HC: If Cruelty by Wife is Proven, Husband Living With Other Woman Not Ground to Refuse Divorce |
| Fri, 15 Sep 2023 10:50:14 IST |
| Delhi High Court has held that even if the husband started living with another woman during the pendency of divorce petition, it cannot disentitle the husband from divorce from the wife on the proven grounds of cruelty. |
| CRIMINAL - Bombay HC: Delay in Filing Appeal under NIA Act can be Condoned |
| Fri, 15 Sep 2023 10:50:03 IST |
| Bombay High Court has held that Appellate Courts have the power to condone delay beyond the 90 days period, despite language of the 2nd proviso to Section 21(5) of the NIA Act, and observed that if the provision is held mandatory, the doors of justice will be shut, leading to travesty of justice. |
| SERVICE - All. HC: Appointment of DGC/ADGC (Crl) is Only a Professional Engagement |
| Fri, 15 Sep 2023 10:49:50 IST |
| Allahabad High Court while observing that appointment of District/Additional Government Counsel (Criminal) [DGC/ADGC (Crl.)] is only a professional engagement of advocates has held that such an engagement can be terminated on either side without notice and without assigning any reason. |
| EDUCATION - SC: Can't Expect Excellence in Institutions When There is Constant Inflow and Outflow of Teachers |
| Thu, 14 Sep 2023 14:41:02 IST |
| Supreme Court while expressing concerns at the National Law University, Jodhpur, operating only with contractual teachers, has observed that one cannot expect excellence in institutions where there is constant inflow and outflow of teaching staff because they are contractual in character. |
| PROPERTY - SC: Every Interested Party is a Plaintiff in Partition Suit |
| Thu, 14 Sep 2023 14:40:50 IST |
| Supreme Court has held that in a suit for partition, every interested party is deemed to be a plaintiff. Law does not bar passing of numerous preliminary decrees. |
| FAMILY - Bom HC: Strata of Society Relevant While Deciding Cruelty by Wife Making Unsubstantiated Allegations |
| Thu, 14 Sep 2023 14:40:38 IST |
| Bombay High Court has held that while considering the conduct of wife making unsubstantiated allegations, in context of 'cruelty' as contemplated under Section 13 (1)(i-a) of Hindu Marriage Act, 1955, the strata of the society to which the family belongs will also be relevant. |
| CRIMINAL - Mad. HC: Even a day's Delay in Providing Detenu, Grounds for Detention Violates Article 22(5) |
| Thu, 14 Sep 2023 14:40:25 IST |
| Madras High Court has held that any delay in communicating the grounds of arrest to a detenu under Section 8 of Tamil Nadu Prevention of Dangerous Activities Act, 1982 is violative of Article 22(5) of the Constitution. |
| FAMILY - Tel. HC: Indian Courts Must Independently Examine Foreign Court Judgments on Child Custody |
| Thu, 14 Sep 2023 14:40:11 IST |
| Telangana High Court has held that while dealing with custody matters of children of foreign nationality, a competent court in India is entitled and indeed duty bound to examine the matter independently, taking the foreign judgment, if any, only as an input for its final adjudication. |
| LIMITATION - SC: When Contract Doesn't Fix Time for Specific Performance, Limitation Runs from Notice of Refusal |
| Thu, 14 Sep 2023 11:09:19 IST |
| Supreme Court has held that when no time is fixed for specific performance of the contract, the court will have to determine the date on which the plaintiff had notice of refusal on part of the defendant to perform the contract, to determine the period of limitation. |
| MOTOR VEHICLES - SC to Centre: Consider Resolving LMV Driving License Issue Through Legislative Amendment |
| Thu, 14 Sep 2023 11:09:08 IST |
| Supreme Court while observing that reversing judgment in Mukund Dewangan case (MANU/SC/0797/2017) could impact livelihood of hordes of drivers, has urged Central Government to consider if Light Motor Vehicle (LMV) Driving License issue could be resolved through amendments to Motor Vehicles Act. |
| CRIMINAL - SC: Can't Restrain Media from Reporting But Sources can be Restrained |
| Thu, 14 Sep 2023 11:08:58 IST |
| Supreme Court while observing that while Court can't restrain media from reporting, it can restrain the sources because the source is the state, has directed Union Ministry of Home Affairs to prepare comprehensive manual/guidelines on media briefings by police personnel. |
| CIVIL - Del HC: Manufacturers Having Common Business Ownership Can Quote Only Single Bid for Tender |
| Thu, 14 Sep 2023 11:08:47 IST |
| Delhi High Court has upheld the restriction on LPG gas cylinder manufacturers who have common business ownership from quoting only a single bid while applying in the tender, and observed that restrictions seek to prevent a single entity from monopolizing the market. |
| SERVICE - Cal HC: Relaxation in Age Doesn't Amount to Obtaining Benefit for Ascertainment of Candidate's Merit |
| Thu, 14 Sep 2023 11:08:37 IST |
| Calcutta High Court has held that relaxation in age and fees by reserved category candidate can't be construed to be obtaining a benefit in course for ascertainment of merit of a candidate as it is merely an enabling provision to enable designated section of the society, an opportunity to complete. |
| CIVIL - Cal. HC to Centre: Take Policy Decision on Fixation of Kerosene Oil Prices |
| Wed, 13 Sep 2023 14:19:46 IST |
| Calcutta High Court while observing that poorest of poor citizens need kerosene oil to illuminate their homes and prepare their food and oil companies can't fix the price of kerosene on the basis of import party pricing, has directed Central Government to take proactive step in this regard. |
| SERVICE - Kar. HC: No Compassionate Appointment of Sister Upon Death of Married Brother |
| Wed, 13 Sep 2023 14:19:25 IST |
| Karnataka High Court as held that under Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996, sister doesn't figure in the definition of 'family' of deceased male, and therefore can't be granted compassionate appointment. |
| CRIMINAL - AP HC Orders Interim Stay on Proceedings Against Chandrababu Naidu in Skill Development Scam |
| Wed, 13 Sep 2023 14:19:12 IST |
| Andhra Pradesh High Court has ordered interim stay on Court proceedings against former Chief Minister and N Chandrababu Naidu in connection with the Andhra Pradesh Skill Development Program scam case, till 18 September. |
| CIVIL - Madras HC: Writing Negative Review About a Service Provider Doesn't Constitute Defamation |
| Wed, 13 Sep 2023 14:18:58 IST |
| Madras High Court while observing that right to free speech covers such expression of one's review for services received in an Online platform, has held that mere expressing views in Google Review about the services that were received by one does not amount to defamation. |
| CIVIL - Ker. HC: Baptism Certificate Doesn't Have Primacy Over Official Government Documents |
| Wed, 13 Sep 2023 14:18:45 IST |
| Kerala High Court has held that a baptism certificate is issued by the Church to record the baptism of a person and no primacy can be accorded to baptism certificate when public documents like SSLC Certificate, Aadhaar Card, PAN Card and driving license, are available indicating the date of birth. |
| CIVIL - SC: Bar Association Can't Bring Judicial Working to a Standstill to Condole Lawyer's Death |
| Wed, 13 Sep 2023 10:51:06 IST |
| Supreme Court while issuing notice to Odisha Bar Association for abstaining from court work citing the death of one of its members, has observed that unfortunate as the incident may be, this cannot bring judicial working to a standstill. |
| FAMILY - Del. HC: High Earning Wife Not Truthfully Disclosing Her Income, Not Entitled to Maintenance |
| Wed, 13 Sep 2023 10:50:41 IST |
| Delhi High Court has observed that a highly qualified wife who has been earning but is not willing or inclined to truthfully disclose her true income, cannot be held entitled to maintenance. |
| CIVIL - All. HC: Lawyers Grievance Can't Have More Weight than Weight of Tears and Pain of Litigants |
| Wed, 13 Sep 2023 10:50:30 IST |
| Allahabad High Court while expressing displeasure over lawyers continued abstinence from work following Hapur violence incident, despite positive intervention by High Court in the matter, has stated that grievance of lawyers can't have more weight than the weight of tears and pain of litigants. |
| CIVIL - Kar. HC to State: Revisit School Timings and Working Hours to Reduce of Traffic Congestion |
| Wed, 13 Sep 2023 10:50:18 IST |
| Karnataka High Court has directed State to take appropriate steps regarding the issue of revisiting school timings, along with revisiting the working hours of industrial units, factories, commercial houses, companies etc. so as to ease the traffic congestion in Bengaluru. |
| CRIMINAL - P&H HC: A Convict has No Inherent Right to Claim Premature Release |
| Wed, 13 Sep 2023 10:50:06 IST |
| Punjab and Haryana High Court has held that a convict serving life imprisonment has no inherent right to claim premature release as life imprisonment means the whole life of convict in jail. Therefore, there is no indefeasible right to be unconditionally released on expiry of any particular term. |
| CRIMINAL - Orissa HC: Desist from 'Two Finger Test' as it violates Right to Privacy and Integrity |
| Wed, 13 Sep 2023 10:49:56 IST |
| Orissa High Court has directed medical professionals to desist from two-finger test in the private part of the sexual assault victim as the test violates the right of such victims to privacy, physical and mental integrity and dignity and hence, not at all permissible under the law. |
| CRIMINAL - SC Refers Petitions Challenging Section 124A of the Indian Penal Code to a Larger Bench |
| Tue, 12 Sep 2023 14:59:47 IST |
| Supreme Court has referred the petitions challenging sedition law i.e. Section 124A of Indian Penal Code to a bench of at least 5-judges since the provision was upheld by a 5-judge bench Kedar Nath Singh v. State of Bihar (MANU/SC/0074/1962). |
| INSOLVENCY - SC: Admission of Claims After Acceptance of RP by CoC will Make CIRP an Endless Process |
| Tue, 12 Sep 2023 14:59:36 IST |
| Supreme Court has held that if claims are admitted after resolution plan (RP) has been accepted by the Committee of Creditors (COC) under Insolvency and Bankruptcy Code, 2016, it would make Corporate Insolvency Resolution Process (CIRP) an endless process. |
| CRIMINAL - Cal. HC to State: Pay Compensation to Acid Attack Victim in Adherence to NALSA Guidelines |
| Tue, 12 Sep 2023 14:59:25 IST |
| Calcutta High Court while observing that State which was once known for its progressive feminist discourse has forgotten its feminist roots, has directed State to pay compensation to minor victim of acid attack as per NALSA guidelines directed in Nipun Saxena v Union of India (MANU/SC/1459/2018). |
| FAMILY - Kar. HC: Husband Misusing Wife's Signed Cheque Constitutes Cruelty |
| Tue, 12 Sep 2023 14:59:14 IST |
| Karnataka High Court has held that husband making wife a scapegoat by subjecting her to criminal proceedings initiated by his creditors by misusing her signed cheque constitutes cruelty. |
| CRIMINAL - SC: Can't Prosecute Directors to DBS Bank for Acts of Lakshmi Vilas Bank Before Amalgamation |
| Tue, 12 Sep 2023 11:00:01 IST |
| Supreme Court has held that DBS Bank and its directors cannot be held criminally liable for actions attributed to directors of Lakshmi Vilas Bank before amalgamations, as allowing such prosecution would result in a travesty in justice. |
| CIVIL - Bom. HC: No Person has Right to Privately Create an Immersion Pond in a Public Park |
| Tue, 12 Sep 2023 10:59:42 IST |
| Bombay High Court has held that no person, let alone a Mandal, has any fundamental or any other right to privately create an immersion pond in a public park maintained by the Municipal Corporation. To do so, the permission of Municipal Corporation is required. |
| CRIMINAL - Cal. HC: Cheating Case Against Directors Can't Survive w/o Impleading Company |
| Tue, 12 Sep 2023 10:59:28 IST |
| Calcutta High Court has held that when the agreement was entered into by and between the companies, criminal proceedings in a cheating case can't survive against the directors without the company being arrayed as an accused. |
| FAMILY - Mad. HC: 'Love and Affection' is a Deeming Consideration for Executing the Gift Deed |
| Tue, 12 Sep 2023 10:59:16 IST |
| Madras High Court while observing that Section 23 of Senior Citizen Act can't be mis-utilised for rejecting complaint on ground that there is no express condition for maintaining the senior citizen, has held that "Love and Affection" is a deeming consideration for execution of Gift Deed. |
| CIVIL - Orissa HC: Can't Issue Writ of Habeas Corpus to Trace Missing Persons |
| Tue, 12 Sep 2023 10:59:04 IST |
| Orissa High Court while observing that though writ of habeas corpus is a writ of right, it is not a writ of course and can't be issued in a routine manner, has held that the same can't be issued to trace out missing persons as illegal confinement is a pre-condition to issue a writ of habeas corpus. |
| CRIMINAL - SC: Duty of Police to Produce Accused Before Trial Court |
| Mon, 11 Sep 2023 14:20:30 IST |
| Supreme Court has observed that when accused is in prison, it is the duty of the police authorities to produce him before the Trial Court. The petitioner cannot be blamed for the negligence on behalf of the police authorities. |
| CRIMINAL - SC: 2014 Judgment Declaring Section 6A of DSPE Act as Unconstitutional has Retrospective Effect |
| Mon, 11 Sep 2023 14:20:17 IST |
| Supreme Court has held that declaration made in Subramanian Swamy v. Union of India (MANU/SC/0417/2014), as to the unconstitutionality of Section 6A of DSPE Act will have a retrospective effect. This section is held to be not in force from the date of its insertion, i.e., 11.09.2003. |
| CRIMINAL - Cal. HC: Nature and Gravity of Offence Not the Only Criteria for Imposition of Death Penalty |
| Mon, 11 Sep 2023 14:20:03 IST |
| Calcutta High Court while observing that nature and gravity of offence is not the only criteria on which imposition of death penalty depends, has held that the Court must satisfy its conscience that the possibility of reformation and rehabilitation of the convict is completely ruled out. |
| CIVIL - Bom. HC Directs 'Triller' to Pay 300,000 USD to 'Zee' for use of Copyrighted Music |
| Mon, 11 Sep 2023 11:24:31 IST |
| Bombay High Court has directed Video Sharing Platform 'Triller' to pay unpaid dues of USD 300,000 to Zee Entertainment Enterprises Limited for use of its copyrighted music. |
| CIVIL - Bom. HC: It is time to Bury the Pernicious Practice of Submitting Information 'in Sealed Cover' |
| Mon, 11 Sep 2023 11:24:11 IST |
| Bombay High Court while observing that no litigant can disadvantage the opponent by squirrelling some information into the court record 'in sealed cover', has held that it is time to bury this thoroughly pernicious practice. |
| CONSTITUTION - Cal. HC: Denying Permission for Other Festivals While Granting One for Durga Puja is Unreasonable |
| Mon, 11 Sep 2023 11:24:00 IST |
| Calcutta High Court has held that if Durga Puja is allowed on the ground, which is also a festivity of Hindus, there is no reason why festivities of other religions or the same religion, be it of other idols. Such a practice is unreasonable and violative of Article 14 of Constitution. |
| CRIMINAL - All. HC Constitutes Judicial Committee for Lawyers' Grievance Redressal in Hapur Violence Case |
| Mon, 11 Sep 2023 11:23:47 IST |
| Allahabad High Court has constituted a judicial committee to address the grievances of the lawyers regarding the Hapur violence Incident. |
| ENVIRONMENT - Uttarakhand HC to State: Formulate the Tourism Development Plan |
| Mon, 11 Sep 2023 11:23:36 IST |
| Uttarakhand High Court while observing that the policy of the Stateexcel, in practice, appears to be only to commercialise the hills, without any emphasis on actual preservation and protection of the environment, has directed State to formulate the Tourism Development Plan. |
| ELECTION - SC: In case of Unjust Executive Action, Courts must Interfere in Election Process |
| Fri, 08 Sep 2023 14:55:56 IST |
| Supreme Court has held that in cases where issues crop up, indicating unjust executive action or an attempt to disturb a level-playing field between candidates and/or political parties with no justifiable or intelligible basis, the Constitutional Courts are required and duty-bound, to step in. |
| INTELLECTUAL PROPERTY RIGHTS - Del. HC: Patent Agents Don't Come Within the Ambit of BCI or Advocates' Act, 1961 |
| Fri, 08 Sep 2023 14:55:45 IST |
| Delhi High Court while observing that patent agents do not come within the ambit of the Bar Council of India or the Advocates' Act, 1961, has stated that there appears to be the need of the hour to have a supervisory or regulatory authority over trademark and patent agents. |
| COMMERCIAL - Del. HC: Rule 8 of Chewing Tobacco & Unmanufactured Tobacco Packing Machines Rules is Valid |
| Fri, 08 Sep 2023 14:55:34 IST |
| Delhi High Court while upholding the validity of Rule 8 of Chewing Tobacco and Unmanufactured Tobacco Packing Machines (Capacity Determination and Collection of Duty) Rules 2010, has held that the same is not ultra vires to Section 3A of the Central Excise Act, 1944. |
| CIVIL - Del. HC: 2nd Appeal Can't be Filed When Single Judge Heard Appeal from Original or Appellate Decree |
| Fri, 08 Sep 2023 14:55:23 IST |
| Delhi High Court has held that Section 100-A of CPC proscribes the filing of a further appeal from a decision rendered by a Single Judge of a High Court where such a Singe Judge was hearing an appeal from an original or appellate decree or order. |
| SERVICE - Raj. HC: Depriving a Woman of Employment Based on her Marital Status Violates Articles 14 and 16 |
| Fri, 08 Sep 2023 14:55:11 IST |
| Rajasthan High Court has held that depriving a woman of public employment on the grounds of her being unmarried is violative of women's right and therefore liable to be declared arbitrary and unconstitutional in Light Of Article 14 And 16 of Constitution. |
| CIVIL - Kar. HC to State: Submit Proposal for Effective Implementation of Centre's Vatsalya Scheme |
| Fri, 08 Sep 2023 14:55:00 IST |
| Karnataka High Court has directed State Government to submit the financial proposal and plan for the year 2022-2023, for effective implementation of Mission Vatsalya Scheme. |
| CIVIL - Mad. HC: Always Possible that there will be Divergent Views Regarding a Belief or an Ideology |
| Fri, 08 Sep 2023 14:54:49 IST |
| Madras High Court has observed that in a democratic set up, it is always possible that there will be divergent views regarding an ideology and it is not possible to compel everybody to follow the same ideology and a person is entitled to have his reservations and opinions regarding an ideology. |
| CIVIL - SC: New Legislation Passed w/o Curing Defects of Ultra Vires Legislation Would also be Ultra Vires |
| Fri, 08 Sep 2023 11:05:54 IST |
| Supreme Court has held that where a legislature merely seeks to validate acts carried out under previous legislation which has been struck down by a Court, by a subsequent legislation without curing the defects in such legislation, the subsequent legislation would also be ultra-vires. |
| FAMILY - SC: What is Cruelty for a Woman in a Given Case May Not be Cruelty for a Man |
| Fri, 08 Sep 2023 11:05:43 IST |
| Supreme Court has observed that what is cruelty for a woman in a given case may not be cruelty for a man, and a relatively more elastic and broad approach is required when Court examines a case in which a wife seeks divorce. |
| CONTEMPT OF COURT - SC: Litigants Liable for Contempt on Violating Undertaking Given by their Advocate |
| Fri, 08 Sep 2023 11:05:15 IST |
| Supreme Court has held that willful breach or disobedience of an assurance in the form of an undertaking given by a counsel/advocate on behalf of his client to the court would amount to "civil contempt" as defined under Section 2(b) of Contempt of Court Act, 1971. |
| CIVIL - SC: High Court Can't Refuse to Follow Binding SC Judgment Merely Because Review Pending Against it |
| Fri, 08 Sep 2023 11:05:00 IST |
| Supreme Court has observed that it is not open to a High Court to refuse to follow a judgment by stating that it has been doubted by a later Coordinate Bench or that a reference has been made against it to the larger bench or a review is pending against it. |
| INSOLVENCY - SC: Valid Auction Can't be Cancelled on Mere Expectation of Fetching Higher Price |
| Fri, 08 Sep 2023 11:04:49 IST |
| Supreme Court has held that while the highest bidder has no indefeasible right to demand acceptance of his bid, mere expectation of the Liquidator that a still higher price may be obtained can be no good ground to cancel an otherwise valid auction and go for another round of auction. |
| CRIMINAL - SC: Power u/s 482 CrPC can be Exercised in Cheque Bounce Case if Amount Is Patently Non-Recoverable |
| Fri, 08 Sep 2023 11:04:35 IST |
| Supreme Court has held that only in cases wherein an amount which is non-recoverable, towards which a cheque is issued, dishonoured and for recovery of which a criminal action is initiated, Court can exercise jurisdiction under Section 482 CrPC . |
| CONSUMER - SC: Purchaser is a Consumer if Commercial Use by him was for Earning Livelihood by Self Employment |
| Fri, 08 Sep 2023 11:04:21 IST |
| Supreme Court has held that when if the commercial use of a particular goods is by the purchasers themselves for the purpose of earning their livelihood by means of self-employment, then such purchasers of goods would continue to be 'consumers'. |
| CONSUMER - Del. HC: Service Charge Can't be More Than 10% of Total Bill Excluding GST |
| Thu, 07 Sep 2023 14:28:15 IST |
| Delhi High Court while directing members of Federation of Hotel and Restaurant Associations of India to only use the term 'Staff Contribution' in place of 'service charge', has held that such amount shall not be more than 10% of the total bill amount excluding the GST component. |
| CRIMINAL - Del. HC: Issuing Fake Invoices for GST Evasion is an Economic Offence |
| Thu, 07 Sep 2023 14:28:03 IST |
| Delhi High Court has observed that issuing fake invoices and e-way bills for the purposes of GST evasion is an economic offence involving loss to the public exchequer, and such offences need to be viewed seriously as the same pose a threat to the economy of the country. |
| FAMILY - Del. HC: Causing Financial Instability to Wife Comes Within the Ambit of Mental Cruelty |
| Thu, 07 Sep 2023 14:27:49 IST |
| Delhi High Court while observing that the term "mental cruelty" is wide enough to take within its ambit the "financial instability", has observed that financial instability is bound to result in mental anxiety on account of husband not working causing disparity in financial status of both parties. |
| SERVICE - JKL HC: Militancy Fighters Not Eligible for Benefits Under Swantantrata Sainik Samman Pension Scheme |
| Thu, 07 Sep 2023 14:27:37 IST |
| Jammu and Kashmir and Ladakh High Court has held that only those persons who have participated in the National Freedom Struggle are eligible for benefits under Swantantrata Sainik Samman Pension Scheme 1980 and not persons who have fought against the militancy. |
| GOODS AND SERVICES TAX - SC Stays Kar. HC's Order Which Held that Online Rummy Isn't Taxable As 'Betting' And 'Gambling' |
| Thu, 07 Sep 2023 10:52:01 IST |
| Supreme Court has stayed the judgment of Karnataka High Court which held that online Rummy games and other online games played on Gameskraft's platforms are not taxable as betting & gambling and quashed GST Intimation Notice to the tune of Rs 21,000 crores. |
| SERVICE - SC: Lien of Govt. Servant Continues on Previous Post Unless he is Appointed on Another Post |
| Thu, 07 Sep 2023 10:51:50 IST |
| Supreme Court has held that lien' of a government servant only ceases to exist when he/she is appointed on another post 'substantively'/confirmed or absorbed permanently, otherwise, his/her lien would continue on the previous post. |
| DIRECT TAXATION - Bom. HC: Writing Off Bad Debt Can't be Considered as Asset u/s 153A(1) of IT Act |
| Thu, 07 Sep 2023 10:51:39 IST |
| Bombay High Court has held that writing-off of a bad debt cannot fall within the ambit of "income, represented in the form of an asset" under Section 153A(1) of Income-Tax Act, 1961. |
| CIVIL - Bom. HC to State: Consider Framing Policy for Festival Celebration as Per Capacity of Public Spaces |
| Thu, 07 Sep 2023 10:51:28 IST |
| Bombay High Court while observing that celebrations of festivals must also evolve with the changing times and demographics of the city, has directed State to consider reframing policy for public celebration while taking into account limited capacity of public spaces. |
| GOODS AND SERVICES TAX - All. HC: GST Act is a Complete Code, No Room for Deviation from it |
| Thu, 07 Sep 2023 10:51:15 IST |
| Allahabad High Court while observing that GST Act, 2017 is a complete Code in itself, has held that there is no room for deviation from it; the provision and the Rules are to be complied with strictly. |
| CRIMINAL - All. HC: Person is Declared as Proclaimed Offender Only After Publication of Proclamation |
| Thu, 07 Sep 2023 10:51:03 IST |
| Allahabad High Court has held that a proclamation has to be 'published' as provided under Section 82(1) CrPC before a person is declared as a proclaimed offender, and in absence of such publication the occasion for the applicant being declared a proclaimed offender doesn't arise. |
| CRIMINAL - All. HC Explains the Scope of S.4 of UP Prohibition of Unlawful Conversion of Religion Act 2021 |
| Thu, 07 Sep 2023 10:50:50 IST |
| Allahabad High Court has observed that under Section 4 of UP Prohibition of Unlawful Conversion of Religion Act 2021, FIR can be filed under the Act by any aggrieved person who is personally aggrieved by his fraudulent conversion be it in an individual or a mass conversion ceremony. |
| ELECTION - SC Sets Aside Election Notification for LAHDC-Kargil |
| Wed, 06 Sep 2023 14:56:46 IST |
| Supreme Court while observing that Jammu and Kashmir National Conference Party (JKNC) is entitled to use the 'plough' symbol, has set aside the election notification issued by Union Territory of Ladakh for the Ladakh Autonomous Hill Development Council (LAHDC) election in the Kargil region. |
| CRIMINAL - SC: Judge Can't be a Mute Spectator in a Trial |
| Wed, 06 Sep 2023 14:56:34 IST |
| Supreme Court has observed that if courts are to impart justice in a free, fair and effective manner, then the judge cannot afford to remain a mute spectator totally oblivious to the various happenings taking place around him, more particularly, concerning a particular case being tried by him. |
| CRIMINAL - SC Grants Protection to Editors Guild of India Members from FIRs by Manipur Police |
| Wed, 06 Sep 2023 14:56:23 IST |
| Supreme Court has granted interim protection to members of the Editors Guild of India from the FIRs registered by the Manipur police over a fact-finding report published by them regarding Manipur violence. |
| CONTRACT - Del. HC: Legislative Intent of 2018 Amendment of SRA was Towards Stronger Enforcement of Contracts |
| Wed, 06 Sep 2023 14:56:12 IST |
| Delhi High Court while observing that intent behind 2018 Amendment of Specific Relief Act was to introduce more certainty in enforcement of contracts, has held that courts will now grant specific performance unless the claim for relief is barred under limited grounds prescribed in the statute. |
| CRIMINAL - Del. HC: Courts Can't Make Presumptions Based on Gender |
| Wed, 06 Sep 2023 14:56:00 IST |
| Delhi High Court while observing that presumptions based on gender have no place within framework of law, unless provided by the statute, has held that assumptions in favour of a female accused, without any substantive basis or valid grounds is against principles of our justice system. |
| CRIMINAL - Del. HC: Heinous Crime Such as Acid Attack Causes Grave Psychological Trauma to the Victim |
| Wed, 06 Sep 2023 14:55:50 IST |
| Delhi High Court has observed that heinous crime such as acid attack on a woman can evoke strong emotions in the society in addition to inflicting grave psychological trauma on the victim, and that in such situations and cases, court's role as a guardian of justice needs to come to the fore. |
| CRIMINAL - SC Explains Factors to be Considered While Deciding Legality of Preventive Detention |
| Wed, 06 Sep 2023 10:28:55 IST |
| Supreme Court while observing that there has been growing trend of passing orders of preventive detention at the 'drop of a hat' without considering liberty and freedom of person, has laid down factors to be considered while deciding the legality of orders of preventive detention. |
| LABOUR AND INDUSTRIAL - SC: Substantial Question of Law Required to Appeal Against Order of Workmen's Compensation Commission |
| Wed, 06 Sep 2023 10:28:42 IST |
| Supreme Court has held that considering the objective of Employees Compensation Act, 1923 and the fact that Workmen's Compensation Commissioner being the last authority on facts, the scope of an appeal against Commissioner's order is limited only to substantial questions of law. |
| FAMILY - Del HC: Must Look at Whole Married Life Instead of Few Incidents to Ascertain Acts of Mental Cruelty |
| Wed, 06 Sep 2023 10:28:31 IST |
| Delhi High Court has held that while looking at acts of mental cruelty, the court must look at the married life as a whole and not merely a few isolated incidents, and wife filing an FIR alleging cruelty and dowry harassment without any cogent evidence is not sufficient to prove any allegation. |
| FAMILY - Delhi HC: Parties Suffer as 'Fault Theory' is the Only Way to Exit a Relationship |
| Wed, 06 Sep 2023 10:28:16 IST |
| Delhi High Court while observing that often marriages do not work because of incompatibility and temperamental differences, has held that since 'fault theory' is required for grant of divorce, parties end up warring with each other for years because they have no way of exiting the relationship. |
| CRIMINAL - Cal. HC: Mere Paranoia of Authorities Not Sufficient for Issuance of LOCs |
| Wed, 06 Sep 2023 10:28:03 IST |
| Calcutta High Court has observed that mere paranoia of the authorities whenever a person against whom allegations are leveled, seeks to leave the country, cannot be sufficient for issuance of lookout circular (LOC) and curtailing the person's personal liberty to travel abroad. |
| EDUCATION - Cal. HC to State: Ensure Implementation of RK Raghavan Committee Report's on Ragging |
| Wed, 06 Sep 2023 10:27:51 IST |
| Calcutta High Court has directed State to implement report of RK Raghavan Committee constituted in 2009 by the Supreme Court which recommended regular conduct of student elections, as well as constitution of anti-ragging committees and anti-ragging squads. |
| CONSTITUTION - Mad. HC: Continuance of Senthil Balaji as Minister w/o Portfolio Against Constitutional Ethos |
| Wed, 06 Sep 2023 10:27:34 IST |
| Madras High Court while observing that continuance of V. Senthil Balaji as a Minister without Portfolio does not augur well with Principles of Constitutional ethos on goodness, good governance and purity in administration, has advised Chief Minister of the State to take the decision on the same. |
| CRIMINAL - SC: S.162 CrPC Doesn't Prevent Judge from Looking into the Papers of Chargesheet Suo Moto |
| Tue, 05 Sep 2023 15:01:32 IST |
| Supreme Court has held that nothing in Section 162 CrPC prevents a Trial Judge from looking into papers of chargesheet suo moto and himself using the statement of a person recorded by police for the purpose of contradicting such person when he gives evidence as a prosecution witness. |
| CIVIL - SC: In Absence of any Specific Challenge, Statutory Provision Can't Be Declared Ultra Vires |
| Tue, 05 Sep 2023 15:01:23 IST |
| Supreme Court has held that it is a trite law that for striking down the provisions of law or for declaring any rules as ultra vires, specific pleading to challenge the rules and asking for such relief ought to be made. |
| CIVIL - Del. HC: No Fault in Centre's Notification Declaring All Medical Devices as Drug |
| Tue, 05 Sep 2023 15:01:14 IST |
| Delhi High Court has held that as long as MHFW has the power to do so, no fault can be found with the 1st 2020 Notification whereby all medical devices were brought within the purview of the expression "drug". |
| CIVIL - Guj. HC: Forcing Children Aged Below 3 Yrs to Attend Pre-School is an Illegal Act on Part of Parents |
| Tue, 05 Sep 2023 15:01:03 IST |
| Gujarat High Court has held that forcing children to go to a pre-school below the age of 3 years is an 'illegal act' on the part of the parents. |
| CIVIL - JKL HC: Pedantic Approach Must be Avoided While Dealing with Appln. for Supplementing Pleading |
| Tue, 05 Sep 2023 15:00:53 IST |
| Jammu and Kashmir and Ladakh High Court has held that pedantic approach need not be applied by court as far as supplementing original pleadings with the one which the party intends to incorporate in the application when the same is not to finally determine the rights of the party. |
| CRIMINAL - Del. HC: Courts Can't be Used as a Forum for the Purpose of Facilitating Marriages |
| Tue, 05 Sep 2023 10:46:30 IST |
| Delhi High Court while observing that Courts of law cannot be used as a forum for the purpose of facilitating marriages by first lodging an FIR alleging that the accused, after establishing physical relations, had refused to get married to the victim and later appear before Court for grant of bail. |
| CRIMINAL - All. HC to State: Include Retired Judge in SIT Probing Police Violence Against Advocates in Harpur |
| Tue, 05 Sep 2023 10:46:18 IST |
| Allahabad High Court has directed State Government to include a retired judicial officer in SIT probing the incident of police violence against advocates in Harpur. This came after lawyers claimed that non-inclusion of any judicial officer in the SIT makes it "wholly one sided". |
| CRIMINAL - Mad. HC: Order Allowing Extension of Remand is Appealable u/s 21 of NIA Act |
| Tue, 05 Sep 2023 10:46:05 IST |
| Madras High Court while observing that order allowing prosecution's application seeking extension of remand of accused is not an interlocutory order but a final order, has held that it is amenable to appeal under Section 21 of the National Investigation Agency (NIA) Act. |
| CIVIL - P&H HC: All Rivers, Natural Choe, Natural Springs are a Common Heritage of Mankind |
| Tue, 05 Sep 2023 10:45:53 IST |
| Punjab and Haryana High Court has held that all rivers, natural choe, natural springs are a common heritage of mankind, therefore it cannot be claimed by any private person and the State has no obligation to acquire it. |
| CRIMINAL - Kar. HC: Under DV Act, Question of Awarding Maintenance Till Marriage of Daughters Doesn't Arise |
| Tue, 05 Sep 2023 10:45:40 IST |
| Karnataka High Court has held that under the provisions of Domestic Violence Act, question of awarding maintenance till marriage of the daughters does not arise at all and the maintenance can be granted only till the attainment of age of majority by the child. |
| LABOUR AND INDUSTRIAL - Ker. HC: Daily Wage Employee Entitled to Subsistence Allowance During Suspension |
| Tue, 05 Sep 2023 10:45:27 IST |
| Kerala High Court while observing that a daily wage driver is an employee under Section 2(a) of the Kerala Payment of Subsistence Allowance Act, 1972, has held that he is entitled to subsistence allowance during suspension. |
| CRIMINAL - Kar. HC: Failure to Inform the Grounds of Detention to Detenue Can Lead to Quashing of Detention |
| Mon, 04 Sep 2023 14:30:28 IST |
| Karnataka High Court has held that detention order can be quashed if authorities fail to provide detenue, the documents relied on by them, in a language known to the detenue within the specified period of 21 days as contemplated under Section 3(3) of Goonda Act. |
| NARCOTICS - Ker HC: Eagerness to Maintain Secrecy Relevant for Considering Reasonable Grounds U/S 37 of NDPS Act |
| Mon, 04 Sep 2023 14:30:18 IST |
| Kerala High Court has held that eagerness to maintain secrecy is relevant for considering 'reasonable grounds' as provided under section 37 of NDPS Act, thus dependence of petitioner upon apps that enabled him to have transactions without any trace is one of the crucial circumstances. |
| CIVIL - SC: Advocate Acting as Real-Estate Agent for Client Amounts to Professional Misconduct |
| Mon, 04 Sep 2023 11:28:57 IST |
| Supreme Court while upholding BCI Penalty to suspend an advocate for 5 years for gross professional misconduct, has held that advocate acting as a Real-Estate Agent while practicing as an Advocate amounted to gross professional misconduct. |
| FAMILY - SC: Succession Issue to Mitakshara Coparcenary Property Continues to Raise its Head Time and Again |
| Mon, 04 Sep 2023 11:28:45 IST |
| Supreme Court while observing that issue of succession to Mitakshara coparcenary continues to raise its head like an undying Hydra of Lerna, held that deceased coparcener's share is deemed to be share that would have been allotted to him if a partition had taken place immediately before his death. |
| CRIMINAL - SC to Centre/State: Provide Essential Supplies to People Amidst Road Blockades |
| Mon, 04 Sep 2023 11:28:35 IST |
| Supreme Court while observing that removing blockades in Manipur in current situation was 'easier said than done', has directed Central and State Government to distribute basic supply of food, medicine, and other essentials so that there is no denial of basic human facilities. |
| FAMILY - Del. HC: Father can be Child's Natural Guardian Even After His Second Marriage Post Wife's Death |
| Mon, 04 Sep 2023 11:28:24 IST |
| Delhi High Court has held that mere second marriage of the father in the circumstances when he has lost his first wife, cannot be held per-se a disqualification from his continuing to be a Natural Guardian of his child. |
| CIVIL - Del. HC to Law Ministry: Periodically Monitor Status of Uploading Acts on the India Code Portal |
| Mon, 04 Sep 2023 11:28:14 IST |
| Delhi High Court has directed Secretary, Legislative Department, Ministry of Law and Justice to periodically monitor the status of uploading the Acts on the India Code portal and ensure that the process is completed seamlessly and in a time-bound manner. |
| CRIMINAL - Bom HC: SC/ST Act Applicable Even if Victim not Recognized as SC/ST in Place of Offence |
| Mon, 04 Sep 2023 11:28:04 IST |
| Bombay High Court has held that a person belonging to Scheduled Caste or Scheduled Tribe is entitled to protection under SC/ST Act in any other part of the country, where the offence is committed, though he is not recognized as Scheduled Caste or Scheduled Tribe in that part. |
| CIVIL - Cal. HC: High Courts can Invoke Article 215 to Review its Own Orders |
| Mon, 04 Sep 2023 11:26:55 IST |
| Calcutta High Court has held that being Courts of records, the High Courts are invested with inherent powers under Article 215 of Constitution to correct and review its records including where there is an apparent error on the face of the record. |
| CIVIL - Mad. HC: Media Should Ascertain Truth Before Telecasting Allegations Against Reputed Personalities |
| Mon, 04 Sep 2023 11:26:45 IST |
| Madras High Court while dismissing Zee Media's Appeal in Defamation suit by MS Dhoni, has held that when an allegation is made against such a reputed international personality, the News Channel has to be cautious in telecasting news reports against such person. |
| CRIMINAL - Meghalaya HC Fixes Quantum of Compensation for 'Unnatural' Deaths in Police Custody |
| Mon, 04 Sep 2023 11:26:34 IST |
| Meghalaya High Court while observing that in custodial death cases State will be liable unless it is reasonably demonstrated that death was due to natural causes, has fixed the quantum of compensation, for unnatural deaths in police custody, payable to the next of kin based on the age of the victim. |
| CRIMINAL - SC: HC Can Exercise Power U/S 482 CrPC Even When Chargesheet filed During Pendency of Plea |
| Fri, 01 Sep 2023 15:50:47 IST |
| Supreme Court has observed that it is a well settled law that the High Court would continue to have the power to entertain and act upon a petition filed under Section 482 CrPC to quash the FIR even when a chargesheet is filed by the police during the pendency of such petition. |
| FAMILY - SC: Children of Invalid Marriages Have Right in Parent's Share in Hindu Coparcenary Property |
| Fri, 01 Sep 2023 15:50:37 IST |
| Supreme Court has held that children born out of void/voidable marriages are entitled to share in the property of their parents which would have been allotted to the parents on a notional partition of the Hindu coparcenary property. |
| INTELLECTUAL PROPERTY RIGHTS - Del HC: No Ex-Parte Injunction in TM Infringement Suit if Defendant Has Been in Market for Some Time |
| Fri, 01 Sep 2023 15:50:26 IST |
| Delhi High Court has held that in trade mark (TM) infringement suits, where the mark has been used by defendant for any length of time, that sole factor would entitle defendant to an opportunity to respond to the prayer for interlocutory injunctive relief, before orders are passed by the Court. |
| CRIMINAL - Del. HC Seeks Explanation from Trial Court for Passing Non-Reasoned Bail Order in POCSO Case |
| Fri, 01 Sep 2023 15:50:15 IST |
| Delhi High Court while directing Registry to seek an explanation from a trial court judge for passing a non-reasoned order granting bail to a POCSO accused, has opined that the impugned order is unreasonable, cryptic, ambiguous and against the settled proposition of law. |
| FAMILY - All. HC: Changing Partners Every Season Not a Hallmark of a Stable and Healthy Society |
| Fri, 01 Sep 2023 15:50:04 IST |
| Allahabad High Court has observed that having a free live-in-relationship is being shown as a sign of a progressive society while being unaware of the long-term consequences, and stated that changing partners in every season cannot be considered to be a hallmark of a stable and healthy society. |
| LAW OF EVIDENCE - All. HC: Telephonic Conversation Between Accused Persons Admissible Even if Obtained Illegally |
| Fri, 01 Sep 2023 15:49:54 IST |
| Allahabad High Court has held that evidence can't be refused to be admitted on the ground that it had been obtained illegally, and therefore telephonic conversation between the two accused persons, whether it was done legally or not, would not affect its admissibility. |
| SERVICE - Mad. HC: State Employees Governed by TN Government Fundamental Rules and not Maternity Benefits Act |
| Fri, 01 Sep 2023 15:49:43 IST |
| Madras High Court while observing that State Employees are governed by the Tamil Nadu Government Fundamental Rules and not the Maternity Benefits Act 1961, has held that employees can't seek maternity leave for a third child as a matter of right when State policy restricts the same. |
| LABOUR AND INDUSTRIAL - SC: EPFO Employees Must Ensure Compliance with the Timelines Provided Under IBC |
| Fri, 01 Sep 2023 10:20:08 IST |
| Supreme Court has held that Commissioner and employees of EPFO must take steps to ensure that there is compliance with timelines provided under Insolvency & Bankruptcy Code, 2016, and in case there is dereliction of duty, action should be taken against erring employees in accordance with the law. |
| CYBER LAWS - Del. HC to Nine YT Channels: Remove 'Defamatory and Disparaging' Videos Against MBA Chai Wala |
| Fri, 01 Sep 2023 10:19:55 IST |
| Delhi High Court has directed nine YouTube (YT) Channels to take down certain defamatory and disparaging videos against cafe chain MBA Chai Wala & its founder Billore, and has permanently restrained one of the YT channels, theadityasaini, from making such remarks or publication against them. |
| LABOUR AND INDUSTRIAL - Del. HC: Situs of Workman's Place of Employment Vital in conferring Jurisdiction upon Labour Court |
| Fri, 01 Sep 2023 10:19:41 IST |
| Delhi High Court has held that situs of the place of employment of a workman would be a determinative factor in conferring territorial jurisdiction upon a Labour Court for deciding a labour dispute raised by a workman. |
| DIRECT TAXATION - Cal. HC: Interest Paid on Cash Loan Falls Within the Ambit of Unexplained Expenditure |
| Fri, 01 Sep 2023 10:19:30 IST |
| Calcutta High Court has held that payment of interest on a cash loan falls within the ambit of unexplained expenditure within the meaning of Section 69C of the Income Tax Act. |
| CIVIL - Kar. HC: Executive Guidelines Can't Impose Restriction if Works of Defence Act, 1903 is in Operation |
| Fri, 01 Sep 2023 10:19:18 IST |
| Karnataka High Court has held that Executive Guidelines cannot be relied upon by the Union Government to impose restriction as long as the Works of Defence Act, 1903 is in operation and is not amended. |
| EDUCATION - SC Refuses to Allow Plea Challenging 100% Quota for Locals in Medical Colleges in Telangana |
| Thu, 31 Aug 2023 13:51:25 IST |
| Supreme Court has refused to allow petition challenging Telangana government's policy of 100% reservation for locals in 'competent authority quota' in medical colleges established after June 2014 in view of a similar plea pending before the Telangana High Court. |
| FAMILY - All HC Waives Cooling Off Period for Divorce After Couples Enter into MoU Amicably |
| Thu, 31 Aug 2023 13:51:14 IST |
| Allahabad High Court while waiving off cooling-off period for dissolution of marriage under Section 13B of Hindu Marriage Act, after entering a MoU amicably, observed that legitimacy of an MOU between the parties out of their free will is not open to judicial scrutiny except on the ground of fraud. |
| SERVICE - HP HC: Narrow Interpretation of Pension Rules Undermines the Purpose of Pension |
| Thu, 31 Aug 2023 13:51:02 IST |
| Himachal Pradesh High Court while observing that pension is a beneficial provision for the government servant, has held that any narrow construction of the same will render the purpose of granting the same otiose. |
| INSURANCE - SC: Insurance Co. Not Liable if Claimant Was Travelling In Un-Insured Trailer |
| Thu, 31 Aug 2023 10:45:25 IST |
| Supreme Court has held that liability cannot be fastened on the Insurance Company when the claimant was travelling in the trailer which was not insured even if the tractor was insured. |
| CYBER LAWS - SC to AP HC: Consider Afresh Issues Regarding Online Rummy in Light of IT Amendment Rules 2023 |
| Thu, 31 Aug 2023 10:45:14 IST |
| Supreme Court has directed Andhra Pradesh High Court look into all the issues afresh relating to online rummy, uninfluenced by findings recorded in its order, taking note of the amended rules, viz. Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023. |
| FAMILY - All. HC: Minimum Amount Must be Paid to Wife from Date of Claim to Preserve Her Right to Life |
| Thu, 31 Aug 2023 10:45:02 IST |
| Allahabad High Court while adjudicating appeal against interim maintenance awarded to wife, has observed that minimum amount must be provided from date of claim being made to ensure the life and liberty of the estranged wife involved in matrimonial discord is preserved with minimal dignity. |
| FAMILY - SC: To Claim Right U/S 14 Hindu Succession Act, Woman Must Have Possession of Property |
| Tue, 29 Aug 2023 14:47:51 IST |
| Supreme Court has held that the essential ingredient of Section 14(1) of Hindu Succession Act, 1956 is possession over the property and therefore in order to claim right under the said section, Hindu female must not only be possessed of the property, but she must have acquired the property. |
| CIVIL - Del. HC: Gender-Specific Laws are Not Meant to be "Anti-Opposite Gender" |
| Tue, 29 Aug 2023 14:47:39 IST |
| Delhi High Court has observed that it is crucial to recognize that gender specific laws aren't meant to be "anti-opposite gender" but rather serve the purpose of addressing unique issues faced by a particular gender, and Courts should take an approach that is not biased towards a particular gender. |
| CRIMINAL - Del. HC: Not Behaving With a Woman in a Chivalrous Manner Doesn't Amount to Outraging Her Modesty |
| Tue, 29 Aug 2023 14:47:27 IST |
| Delhi High Court has held that while adjudicating the cases of Section 509 IPC, Courts must consider the background of the complainant and words uttered to see if they would have outraged complainant's modesty as merely behaving in non-chivalrous manner wouldn't constitute the offence. |
| SERVICE - Cal. HC: Disciplinary Authority Shouldn't Make Any Comment not Based on Any Evidence |
| Tue, 29 Aug 2023 14:47:14 IST |
| Calcutta High Court while reinstating a CISF Constable and observing that baseless comments by disciplinary authority leave 'permanent scar' on employee's character, has held that authority should not make any observation or comment which is not based on any plausible evidence. |
| EDUCATION - Tel. HC to State: Submit Affidavit on Anti-Ragging Measures Enforced in Educational Institutions |
| Tue, 29 Aug 2023 14:47:03 IST |
| Telangana High Court has directed State Government to submit a report stating the Anti-Ragging measures undertaken to curb ragging in school and college premises throughout the State as laid down by Supreme Court in Vishwa Jagriti Mission v/s. Central Government (MANU/SC/1583/2001). |
| CIVIL - SC in Krishna Janmabhoomi Demolition Drive Case: Can't Decide Title of Property |
| Tue, 29 Aug 2023 11:18:31 IST |
| Supreme Court while disposing petition against the demolition drive carried out by railway authorities near the Krishna Janmabhoomi in Mathura, has stated that parallel proceedings could not be run along with civil court since Supreme Court can't decide the issue concerning title of the property. |
| FAMILY - SC Overrules Mad. HC Judgment Which Declared Self-Respect Marriages are Not Valid Under HMA |
| Tue, 29 Aug 2023 11:18:18 IST |
| Supreme Court while overruling Madras HC judgment (MANU/TN/2068/2014) declaring self-marriage system as per Section 7A inserted in Hindu Marriage Act (HMA) by Tamil Nadu Amendment as invalid, and observed that HC's view was based on assumption that self-respect marriage needed public declaration. |
| PROPERTY - Tel. HC: Adjudication of Title in Summary Proceedings U/A 226 Not Permissible |
| Tue, 29 Aug 2023 11:18:04 IST |
| Telangana High Court Division bench has observed that adjudication of the question of title in summary proceedings under Article 226 of the Constitution of India is not permissible. |
| SERVICE - SC: In Disciplinary Proceeding, Question of Burden of Proof Would Depend Upon Nature of Charge |
| Mon, 28 Aug 2023 16:11:39 IST |
| Supreme Court has held that in a disciplinary proceeding, the question of burden of proof would depend upon the nature of the charge and the nature of the explanation put forward by the respondent. In a given case, the burden may be shifted to the respondent depending upon the explanation. |
| CIVIL - Del. HC to State: Provide Assistance to Procure Gadgets for Conducting Trial of PwD Accused |
| Mon, 28 Aug 2023 16:11:29 IST |
| Delhi High Court has directed Delhi Government to provide infrastructure and financial assistance for procuring essential electronic gadgets for conducting trial in cases where the accused person is differently-Abled. |
| NARCOTICS - Cal. HC: Lab Report Can't be Filed Through Supplementary Chargesheet |
| Mon, 28 Aug 2023 16:11:19 IST |
| Calcutta High Court while observing that Chemical Examination Report is the most vital piece of evidence in NDPS Case and therefore can't be filed through supplementary charge-sheet as Lab Report forms the fulcrum of the charge-sheet on which the Trial Court is to take cognizance of the offence. |
| CRIMINAL - All. HC: Relationship Between Logic and Experience Important in the Context of Invoking Precedents |
| Mon, 28 Aug 2023 16:11:09 IST |
| Allahabad High Court has observed that to decide a case with similar facts and circumstances, relationship between logic and experience is important in the context of invoking precedents, and they must not be applied mechanically. |
| CRIMINAL - Ker. HC: Seized Property Shouldn't Remain in Custody Longer than Necessary |
| Mon, 28 Aug 2023 16:10:59 IST |
| Kerala High Court has held that where the property, which has been the subject matter of an offence, is seized by the police, it ought not to be retained in the custody of the Court or of the police for any time longer than what is absolutely necessary. |
| CRIMINAL - Uttarakhand HC: Anticipatory Bail Pleas Allowed for Category A Offences as per Satender Antil Case |
| Mon, 28 Aug 2023 16:10:48 IST |
| Uttarakhand High Court has by 2:1 majority held that Satender Kumar Antil v. CBI (MANU/SC/0851/2022) doesn't mention that anticipatory bail applications shall not be entertained for offences falling under category 'A'. |
| CRIMINAL - SC Lays Down Factors to be Considered While Deciding Grant of Remission to Convict |
| Mon, 28 Aug 2023 10:35:26 IST |
| Supreme Court has laid down various factors which must be taken into account by the government while deciding the grant of remission to convicts as per Section 432 of the Code of Criminal Procedure. |
| SERVICE - SC: Employer Can't Cite Suppression of Material Facts to Deny Appointment When Query Asked was Vague |
| Mon, 28 Aug 2023 10:35:15 IST |
| Supreme Court has held that when the information sought by employer was vague and the candidate didn't specifically disclose information which was required to be furnished, action can't be taken against him on basis of suppression as to a fact which was not even asked for. |
| PROPERTY - SC: Can't Dismiss Execution Petition Merely Because Property's Possession is Lost to Third Party |
| Mon, 28 Aug 2023 10:34:58 IST |
| Supreme Court has held that Court can't dismiss an execution petition as inexecutable, merely on the basis that the property has been lost to a third party/encroacher, as it would harm decree-holder's right and entitlement to enjoy the fruits of litigation. |
| CRIMINAL - SC: Not Illegal to File Chargesheet in a Language Which the Accused Doesn't Understand |
| Mon, 28 Aug 2023 10:34:42 IST |
| Supreme Court has observed that there is no provision in CrPC which requires chargesheet to be filed in language of the Court determined as per Section 272 CrPC, and in case respondent is not conversant with the language, Court can direct prosecution to provide translated version of the same. |
| CONSTITUTION - SC to CWMA: Submit Report on TN-Karnataka Dispute by Next Friday |
| Mon, 28 Aug 2023 10:34:31 IST |
| Supreme Court has directed Cauvery Water Management Authority (CWMA) to submit its report by next Friday regarding Tamil Nadu's plea for release of 24,000 cusec of Cauvery River water by State of Karnataka. |
| CIVIL - Delhi HC: Can't Rely on ChatGPT Responses in IPR Suit, Can be Used Only for Preliminary Research |
| Mon, 28 Aug 2023 10:34:20 IST |
| Delhi High Court while refusing to rely on ChatGPT responses in n IPR suit, has observed that at the present stage of technological development, at best the tool could be utilized for a preliminary understanding or for preliminary research and nothing more. |
| CRIMINAL - SC: S.202 CrPC Procedure Mandatory When Accused Resides at Place Outside Jurisdiction of Magistrate |
| Fri, 25 Aug 2023 14:53:01 IST |
| Supreme Court has held that there is no doubt that procedure under Section 202 CrPC will have to be held as mandatory in a case where the accused is residing at a place outside the jurisdiction of the learned Magistrate. |
| CRIMINAL - SC Transfers CBI Cases Related to Sexual Violence Cases During Manipur Ethnic Violence, to Assam |
| Fri, 25 Aug 2023 14:52:49 IST |
| Supreme Court has transferred sexual violence cases related to Manipur ethnic violence, which had been transferred to CBI, to Assam due to overall security concerns and need for ensuring a fair process of criminal justice administration. |
| CRIMINAL - SC: Test Identification Parade Does Not Violate Article 20(3) Of Constitution |
| Fri, 25 Aug 2023 14:52:37 IST |
| Supreme Court while observing that conduct of Test Identification Parade (TIP) is not violative of Article 20(3) of the Constitution, has held that accused cannot resist subjecting himself to the TIP on the ground that he cannot be forced or coerced for the same. |
| ARBITRATION - SC: Can't Consider Dissenting Opinion as Award in Case Majority Award is Set Aside |
| Fri, 25 Aug 2023 14:52:21 IST |
| Supreme Court has held that a dissenting opinion can't be treated as an award if majority award is set aside, and observed that when a majority award is challenged, focus is to point out illegalities in majority award; the minority award only embodies views of arbitrator disagreeing with majority. |
| CRIMINAL - Cal. HC: S.144 CrPC Can't be Promulgated at the Drop of a Hat |
| Fri, 25 Aug 2023 14:52:07 IST |
| Calcutta High Court while observing that duty of the Administration is to provide a level playing field to all political dispensations to hold rallies and processions, has held that promulgation of an order under Section 144 of the Code cannot be done at the drop of a hat. |
| CRIMINAL - SC Lays Down Factor to be Considered While Relying on Dying Declarations |
| Fri, 25 Aug 2023 10:24:23 IST |
| Supreme Court while observing that it is unsafe to record the conviction on the basis of a dying declaration alone in the cases where suspicion is raised regarding the correctness of dying declaration, has laid down illustrative list of factors to weight to a dying declaration. |
| BANKING - SC: Strong Evidence Required for Quashing Cheque Case Against Firm's Partner |
| Fri, 25 Aug 2023 10:24:10 IST |
| Supreme Court has held that powers under Section 482 of CrPC to quash cheque case against firm's partner can be exercised by High Court in case when it comes across unimpeachable and incontrovertible evidence to indicate that partner of firm didn't have any concern with the issuance of cheques. |
| CIVIL - SC: Owner/Employer of Project Who Authored the Tender Documents is the Best Person to Interpret it |
| Fri, 25 Aug 2023 10:23:59 IST |
| Supreme Court has held that the owner or employer of a project, who authored the tender documents, is the best person to understand and appreciate its requirements and interpret them and Courts must defer to this understanding unless there is mala fide or perversity in understanding or appreciation. |
| CRIMINAL - JKL HC: Subjective Satisfaction of Detaining Authority Doesn't Deprive Court to Review its Orders |
| Fri, 25 Aug 2023 10:23:47 IST |
| Jammu and Kashmir and Ladakh High Court has held that although subjective satisfaction cannot be interfered normally by the court but at the same time it does not deprive the court to look into the satisfaction recorded by the detaining authority. |
| SERVICE - SC: Can't Claim Salary Once Appointment is Declared Illegal & Void Ab Initio |
| Thu, 24 Aug 2023 14:20:05 IST |
| Supreme Court has held that once the appointment of employee has been declared illegal and void ab initio, continuing in service and salary claims becomes untenable in the absence of challenge to the cancellation order. |
| ARBITRATION - Delhi HC: Recourse to S. 34(4) of A&C Act Cannot be taken to allow Tribunals to Review Awards |
| Thu, 24 Aug 2023 14:19:53 IST |
| Delhi HC has held that the recourse to Section 34(4) of Arbitration and Conciliation Act, 1996 (A&C Act), that grants authority to courts to remit arbitral award to the Tribunal, can only be taken for correcting the curable defects and not to allow the tribunal to do a review of the award. |
| CRIMINAL - Cal. HC: Keeping Inmates in Separate Cell Due to Threat Perception is Not Solitary Confinement |
| Thu, 24 Aug 2023 14:19:41 IST |
| Calcutta High Court has held that keeping multiple inmates in the same prison cell, away from the main population due to jail authorities' perception of violence from other inmates, does not tantamount to solitary confinement, or a violation of their human rights. |
| CIVIL - Mad. HC to State: Provide Reservation to Transgender Persons in Local Body Elections |
| Thu, 24 Aug 2023 14:19:29 IST |
| Madras High Court has directed State Government to initiate all appropriate steps to grant reservations to Transgender persons in the local body elections as an initial measure to bring the Transgender persons in the mainstream society. |
| CRIMINAL - SC: Onerous Conditions for Bail Should be Imposed Only in Exceptional Circumstances |
| Thu, 24 Aug 2023 10:41:20 IST |
| Supreme Court while observing that mindset that everyone has to be locked up till the investigation is going, must be changed, has held that onerous conditions for bail should only be granted under exceptional circumstances and not in ordinary matters. |
| ARBITRATION - Del. HC: True Copy of Arbitration Agreement Sufficient for S.11 Petition if Stamp Duty Not Disputed |
| Thu, 24 Aug 2023 10:41:09 IST |
| Delhi High Court has held that if the stamp duty of the arbitration agreement is not disputed, the true or certified copy of the agreement containing the arbitration agreement would be sufficient for the purpose of Section 11 petition. |
| FAMILY - Del. HC: Being Subjected to Constant Threat of Being Summoned by Police Amounts to Cruelty |
| Thu, 24 Aug 2023 10:40:58 IST |
| Delhi High Court while granting divorce to a man on ground of cruelty by wife, has observed that it is a source of mental harassment each time a person is required to visit Police Station, not knowing when a case would be registered against him or would be arrested, and the same amounts to cruelty. |
| FAMILY - Del. HC: No Bar on Jurisdiction of Civil Courts to Allow Suit for Recovery of Arrears of Maintenance |
| Thu, 24 Aug 2023 10:40:48 IST |
| Delhi High Court while observing that once amount becomes due and payable, it becomes a legal debt, the recovery of which can be sought by way of a civil suit, has held that no express or implied bar on jurisdiction of Civil Court can be inferred from Section 125 CrPC for allowing such a suit. |
| LABOUR AND INDUSTRIAL - Raj. HC: Delay Itself Can't be a Ground for Refusing to Make a Reference U/S 10 of ID Act |
| Thu, 24 Aug 2023 10:40:38 IST |
| Rajasthan High Court while observing that delay and latches itself cannot be a ground for refusing to make a Reference u/s 10 of Industrial Disputes (ID) Act, has held that Government can't take up role of Adjudicating Authority while deciding question if a Reference should be made or not. |
| CIVIL - JKL HC: Section 96 CPC Mandates that Appellant Must Challenge Both Decree Judgment |
| Thu, 24 Aug 2023 10:40:25 IST |
| Jammu and Kashmir and Ladakh High Court has observed that Section 96 of Civil Procedure Code (CPC) amply make out that the appellant is required to challenge the decree and not the judgment passed by the court of original jurisdiction. |
| ENVIRONMENT - SC Allows Union Govt. to Notify 'Central Empowered Committee' as Permanent Body |
| Wed, 23 Aug 2023 14:13:43 IST |
| Supreme Court has allowed Central Government to notify the Central Empowered Committee (CEC) constituted by the Supreme Court for overseeing matters related to forests as a permanent body. |
| CIVIL - Del. HC to District Courts: Adopt Standardized Online Filing System |
| Wed, 23 Aug 2023 14:13:32 IST |
| Delhi High Court has directed District Courts in the State to adopt a standardized online filing system for pleadings, documents, and miscellaneous applications and also issued various directions which must be followed till appropriate Rules are formulated. |
| SALES TAX/VAT - Del. HC: Pre-Deposit Before OHA Can't be Adjusted Against Other Tax Dues |
| Wed, 23 Aug 2023 14:13:20 IST |
| Delhi High Court while observing that pre-deposit does not have the character of a tax or duty, has held that re-deposit made before the Objection Hearing Authority (OHA) cannot be adjusted against any other tax dues. |
| MOTOR VEHICLES - Del. HC Orders Release of "End of Life Vehicles" on Undertaking by Owners |
| Wed, 23 Aug 2023 14:13:05 IST |
| Delhi High Court has ordered for release of "end of life vehicles" upon an undertaking by their owners that such vehicles won't be plied or be parked in public spaces or be removed from territory of Delhi. |
| CIVIL - Bom. HC: Municipal Commissioner Must Provide Spaces for Burials in Cemeteries in Mumbai |
| Wed, 23 Aug 2023 14:12:55 IST |
| Bombay High Court while expressing concern over shrinking space for burials in cemeteries in Mumbai, has observed that it is the duty of Municipal Commissioner & State to provide such spaces. |
| EDUCATION - SC: Student Can't Vacate Seat Under All India Quota After the Second Round of Counselling |
| Wed, 23 Aug 2023 11:07:33 IST |
| Supreme Court while referring to Dar-Us-Slam Educational Trust v Medical Council of India (MANU/SCOR/22417/2017), observed that after the 2nd round of counselling in NEET for All India Quota (AIQ) seats, students who take admission in AIQ seats should not be allowed/permitted to vacate the seats. |
| CIVIL - JKL HC: Can't Entertain WP on Ground of Mistake of Law/Facts Unless There is Miscarriage of Justice |
| Wed, 23 Aug 2023 11:07:22 IST |
| Jammu and Kashmir and Ladakh High Court has held that petition under Article 227 of the Constitution cannot be moved merely on ground of mistake of fact or law unless there is manifest miscarriage of justice. |
| EDUCATION - Kar. HC to NLSIU: Provisionally Admit Transgender Student |
| Wed, 23 Aug 2023 11:07:09 IST |
| Karnataka High Court has directed National Law School of India University (NLSIU) to admit a transgender person in the 3-year LLB course for the academic year 2023-24, if found eligible. |
| CIVIL - Mad. HC: Privacy of Refugees Has to be Ensured |
| Wed, 23 Aug 2023 11:06:58 IST |
| Madras High Court has observed that when right to shelter and housing has been recognised internationally as a human right, it cannot be denied to the refugees living in a camp; their privacy has to be ensured, otherwise there is no meaning in declaring privacy as a fundamental right. |
| BANKING - Ker. HC: Complaint U/S 138 NI Act Can be Filed in Court where Cheque was Presented for Collection |
| Wed, 23 Aug 2023 11:06:46 IST |
| Kerala High Court has observed that court where cheque is presented for collection has jurisdiction to entertain dishonour complain under Section 138 of Negotiable Instruments Act, 1881. |
| LAW OF MEDICINE - SC: Woman is the Ultimate Decision Maker on Abortion |
| Tue, 22 Aug 2023 14:45:00 IST |
| Supreme Court while observing that right of dignity entails recognising authority of every woman to take reproductive decisions, including the decision to terminate the pregnancy, has held that every woman has right to make reproductive choices without undue interference from the state. |
| CUSTOMS - SC: Customs Act Doesn't Create Statutory First Charge on Customs Dues |
| Tue, 22 Aug 2023 14:44:47 IST |
| Supreme Court has held that Customs Act, 1962 does not create a statutory first charge on the customs dues, overriding the charge created in favour of the secured creditor under Section 529A of the Companies Act, 1956. |
| CUSTOMS - Del. HC: Importation of Gold is a Prohibited Item Under Section 2(33) of Customs Act |
| Tue, 22 Aug 2023 14:44:32 IST |
| Delhi High Court has held that importation of gold is a prohibited item under Section 2(33) of Customs Act; and that redemption in case of importation of gold which is brought into India illegally in the form of smuggling doesn't entitle owner/importer for automatic release/redemption of such item. |
| CRIMINAL - Del. HC Upholds Acquittal of Man Accused of Having Physical Relationship With Minor Wife |
| Tue, 22 Aug 2023 14:44:19 IST |
| Delhi High Court while upholding acquittal of a Muslim man accused of having physical relationship with minor wife aged about 15 years, has observed that since the wife is of 15 years of age, the physical relationship can't be termed as rape. |
| BANKING - Bom. HC: Can't Dismiss Complaint U/S 138 NI Act Because Complainant Failed to Disclose Amount in ITR |
| Tue, 22 Aug 2023 14:44:07 IST |
| Bombay High Court has observed that complaint which is otherwise maintainable under Section 138 of Negotiable Instruments (NI) Act is not liable to be dismissed at threshold only on the ground that complainant failed to disclose the amount mentioned in the cheque in his Income Tax Returns (ITR). |
| CYBER LAWS - SC Refuses to Interfere With HC Order Against S.Ve Sheker for his Remarks Against Women Journalists |
| Tue, 22 Aug 2023 12:25:12 IST |
| Supreme Court has refused to entertain appeal against Madras High Court's order against actor and politician S.Ve Sheker for his derogatory remarks against women journalists. High Court had ruled that a person who sends/forwards a message on social media should be made liable for its contents. |
| CIVIL - Del. HC: Session Triable Serious Criminal Cases Can't be Subject Matter of Mediated Agreements |
| Tue, 22 Aug 2023 12:25:02 IST |
| Delhi High Court while observing that Session triable serious criminal cases which attracts punishment up to life, cannot be subject matter of mediated settlement agreements, has issued guidelines to be followed by mediators in all mediation centres in the national capital. |
| CRIMINAL - Cal. HC: Misuse of Section 498A Unleashing New Legal Terrorism |
| Tue, 22 Aug 2023 12:24:51 IST |
| Calcutta High Court while quashing a criminal proceeding has remarked that the legislature has enacted the provision of Section 498A to strike out the dowry menace from the society, but it is observed in several cases that by misusing of said provision new legal terrorism is unleashed. |
| CIVIL - All. HC: Can't Direct Eviction under Senior Citizen Act at the Mere Instance of Senior Citizens |
| Tue, 22 Aug 2023 12:24:38 IST |
| Allahabad High Court while observing that right to eviction under Senior Citizen Act, 2007 is the last step, where authority finds that the need of a senior citizen is not being fulfilled, has held that Tribunal can't direct eviction simplicitor from the property at the instance of senior citizens. |
| LAND ACQUISITION - JKL HC: Section 6 Declarations under J&K Land Acquisition Act Can't be Made by Dy. Commissioner |
| Tue, 22 Aug 2023 12:24:27 IST |
| Jammu and Kashmir and Ladakh High Court has held that under J&K Land Acquisition Act, 1990, Deputy Commissioner is not authorized to make Section 6 declarations on 'public purpose', which is conclusive evidence that the land is needed for public purpose. |
| ELECTION - SC: Election is Purely a Statutory Proceeding |
| Mon, 21 Aug 2023 14:46:22 IST |
| Supreme Court has observed that Election contest is not an action at law or a suit in equity but purely a statutory proceeding, provision for which has to be strictly construed. |
| CRIMINAL - SC: Statement by an Injured Person Recorded as FIR Can be Treated as a Dying Declaration |
| Mon, 21 Aug 2023 14:46:11 IST |
| Supreme Court has held that statement by an injured person recorded as FIR can be treated as a dying declaration and is admissible under Section 32 of the Indian Evidence Act. Corroboration is not necessary for this situation. |
| CIVIL - Del. HC to MCD: Ensure No Illegal Dumping of Electrical, Plastic and Medical Garbage in Delhi |
| Mon, 21 Aug 2023 14:46:00 IST |
| Delhi High Court has directed MCD to ensure that there is no illegal dumping of electrical, plastic and medical garbage in Delhi, and also to take appropriate action against all the defaulting units under Delhi Municipal Corporation Act, 1957. |
| CIVIL - Delhi HC: Sterilization and Immunization of Stray Dogs is an Important Public Function |
| Mon, 21 Aug 2023 14:45:50 IST |
| Delhi High Court while observing that sterilization and immunization of stray dogs is an important public function, has directed State to ensure that they continue with their efforts and drive to perform this function in all its earnestness. |
| CIVIL - Del. HC to Bar Council of Delhi: Notify Notification Withdrawing Mandate of Delhi-NCR Address |
| Mon, 21 Aug 2023 14:45:39 IST |
| Delhi High Court has directed Bar Council of Delhi to notify the subsequent notification by which the earlier notification which made filing of Aadhar Card and Voter ID bearing address of Delhi or NCR region mandatory for future enrolments, stands withdrawn. |
| ELECTION - Bom HC: Two Children Limit for Panchayat Members Excludes Step-Children |
| Mon, 21 Aug 2023 14:45:29 IST |
| Bombay High Court while observing that objective of two children policy was to disqualify a panchayat member responsible for the birth of more than two children, has held that a woman cannot be disqualified because her spouse has two children from his previous wedlock. |
| SERVICE - AP HC: Second Wife who is Not Legally Wedded Wife Entitled to Service Benefits of Deceased Husband |
| Mon, 21 Aug 2023 14:45:17 IST |
| Andhra Pradesh High Court has held that second wife who did not acquire the status of wife, for the marriage having been contracted during the subsistence of the first marriage, is entitled for protection for the service and terminal benefits and service claims of the deceased husband. |
| CRIMINAL - Guj HC: Divorcee Wife can File S.498A Complaint for Actions Meted Out During Subsistence of Marriage |
| Mon, 21 Aug 2023 14:45:04 IST |
| Gujarat High Court has held that allegations of the offence u/s 498A of the IPC can be maintained at the instance of the divorcee wife, provided that she alleges the incident of harassment and cruelty which could have been meted out while marriage was subsisting. |
| CRIMINAL - Ker. HC: Every Mentally Diseased Person is Not Ipso Facto Exempted from Criminal Responsibility |
| Mon, 21 Aug 2023 14:44:54 IST |
| Kerala High Court while observing that every mentally diseased person is not 'Ipso Facto' exempted from criminal responsibility, has held that mere absence of motive for a crime, can't, in the absence of a plea and proof of legal insanity, bring the case within section 84 of IPC. |
| CIVIL - JH HC Issues Directions to Ensure Strict Implementation of Fire Safety Measures Across State |
| Mon, 21 Aug 2023 14:44:42 IST |
| Jharkhand High Court has issued directions to ensure stringent implementation of fire safety measures across the State. This came in response to the tragic Dhanbad high-rise fire incident. |
| CIVIL - Meg HC to State: Give Details to Steps Taken to Prohibit Display of Animal Carcasses by Meat Shops |
| Mon, 21 Aug 2023 14:44:29 IST |
| Meghalaya High Court has directed State to provide report of the steps taken by government to ensure that aesthetically hideous display of animal carcasses by meat shops is prohibited on either side of main roads. |
| CRIMINAL - SC: Article 22(4)(a) Applies Only at Initial Stage of Passing of Preventive Detention Order |
| Mon, 21 Aug 2023 11:13:22 IST |
| Supreme Court has held that 3 months period stipulated in Article 22(4)(a) of Constitution is only related to initial period of detention up to the stage of receipt of Advisory Board's report and doesn't have any bearing on detention subsequent to confirmatory order passed by State Government. |
| FAMILY - SC: Presumption in Favour of the Wedlock if the Partners Lived Together for a Long Spell |
| Mon, 21 Aug 2023 11:13:11 IST |
| Supreme Court while placing on reliance on judgment in Badri Prasad v. Dy. Director of Consolidation (MANU/SC/0004/1978), has held that law infers presumption in favour of a marriage when a man and woman have continuously cohabitated for a long spell. |
| CRIMINAL - SC: Prosecutors are Not Representatives of Any Party |
| Mon, 21 Aug 2023 11:12:59 IST |
| Supreme Court while placing reliance on 154th Law Commission report and observing that Prosecutors are not representatives of any party, has stated that Prosecutor has a duty to the state, accused and the Court, and it is not the duty of the prosecuting counsel to secure a conviction. |
| CRIMINAL - SC to Centre: Provide Response on PIL to Decriminalise Consensual Sex Between 16-18 Year Olds |
| Mon, 21 Aug 2023 11:12:45 IST |
| Supreme Court has sought response from the Centre on seeking a direction to decriminalise consensual sexual acts of 16 to 18 year old adolescents. The Court has issued notice to Union Ministries of Law and Justice, Home Affairs, and other statutory bodies, including National Commission for Women. |
| CONTRACT - SC Lays Down Requirements for a Successful Plea of Non Est Factum |
| Mon, 21 Aug 2023 11:12:33 IST |
| Supreme Court while laying down requirements for successful plea of 'Non Est Factum', observed that such a plea can be taken by an executor/signatory of deed to plead that the said document is invalid as its executor/signatory was mistaken about its character at the time of executing/signing it. |
| RIGHT TO INFORMATION - SC to CIC/SICs: Ensure Mandate of Section 4 of RTI Act is Followed by Public Authorities |
| Mon, 21 Aug 2023 11:12:23 IST |
| Supreme Court has directed Central Information Commission and State Information Commissions to ensure that the Public Authorities fulfill their co-relative duty in the form of obligation as enshrined under Section 4 of Right to Information Act. |
| CRIMINAL - SC Issues Direction to Frame Guidelines for Appointment of Support Persons Under POCSO |
| Mon, 21 Aug 2023 11:12:13 IST |
| Supreme Court has issued direction to State of U.P to convene meeting within the next six weeks to review the facts, take action, and frame rules/guidelines to fulfill the mandate for a "support person" as envisaged under the POCSO Rules. |
| DIRECT TAXATION - SC: Principle of Mutuality not Applicable to Income from Deposits in Member Banks |
| Mon, 21 Aug 2023 11:12:03 IST |
| Supreme Court has held that if any income is earned by the Clubs through deposits made by clubs in banks that are members of the club, such income would not be covered under the principle of mutuality and would be liable to be taxed under the provisions of the Income Tax Act. |
| CRIMINAL - SC: No Application of Principle of 'Falsus in uno, falsus in omnibus' in India |
| Mon, 21 Aug 2023 11:11:52 IST |
| Supreme Court has observed that principle governing "Falsus in uno, falsus in omnibus" has got no application to the courts in India, and therefore it is the duty of the Court to remove the chaff from the grain in its pursuit for truth. |
| CRIMINAL - SC: Can't Expect Witness to Give Graphic Details of Overt Acts of Each Accused |
| Mon, 21 Aug 2023 11:11:41 IST |
| Supreme Court has held that in a case involving Section 149 of the IPC one cannot expect a witness to speak with graphic detail about the specific overt act that can be attributed to each of the accused. |
| ARBITRATION - SC: Can't Set Aside Arbitral Award on Mere Possibility of Alternate Interpretation of Contract |
| Mon, 21 Aug 2023 11:11:30 IST |
| Supreme Court while observing that the jurisdiction u/s 34 of A&C Act is exercised only to see if the Tribunal's view is perverse or manifestly arbitrary, has held that an Arbitral award can't be set aside on mere possibility of an alternative view on facts or interpretation of the contract. |
| SERVICE - SC: Maternity Benefit is Not Co-Terminus with the Employment Period |
| Fri, 18 Aug 2023 14:42:42 IST |
| Supreme Court has held that Maternity Benefit Act, 1961 contemplates that the entitlement of medical benefit accrues by fulfillment of condition under section 5 and the benefit can travel beyond the term of employment also and it's not co-terminus with the employment period. |
| LIMITATION - All. HC: Railway Claim Tribunal has Power to Condone Delay U/S 5 of Limitation Act |
| Fri, 18 Aug 2023 14:42:31 IST |
| Allahabad High Court has held that if sufficient cause is made out, Railway Claim Tribunal has power to condone the delay under section 5 of the Limitation Act and liberal approach has to be adopted by the Tribunal. |
| CIVIL - Mad. HC: Developing Hatredness Towards Trans-Genders in Locality is Unconstitutional |
| Fri, 18 Aug 2023 14:42:18 IST |
| Madras High Court has observed that the act of Panchayat president seeking cancellation of land granted by Government to transpersons in the locality reveals that he is developing hatredness towards Transgenders in that locality which is unconstitutional. |
| CRIMINAL - Orissa HC: Few Doctors Acting Merely for Pecuniary Advantage Malign the Noble Profession |
| Fri, 18 Aug 2023 14:42:05 IST |
| Orissa High Court while observing that no sensible professional would intentionally commit an act or omit to do an act which would result in loss of life, stated that few doctors act in utter disregard to human life in expectation of pecuniary advantage, maligning the noble profession. |
| CRIMINAL - Mad HC: Don't Disclose Minor's Name in POCSO Report for Abortion Arising Out of Consensual Relations |
| Fri, 18 Aug 2023 10:34:41 IST |
| Madras High Court has held that where a minor approaches a doctor for medical termination of pregnancy arising out of a consensual sexual activity, it is not necessary to insist for the disclosure of the name of the minor in the report that is normally given under Section 19(1) of the POCSO Act. |
| CIVIL - Delhi HC to Police: Before Holding Any Such Function, Proper Police Force is Made Available |
| Fri, 18 Aug 2023 10:34:26 IST |
| Delhi High Court while observing that it is the responsibility of the police to ensure safety and security of the students when functions/fests take place in any college or institution, has directed Delhi Police to ensure that before holding any such function, proper police force is made available. |
| INTELLECTUAL PROPERTY RIGHTS - Del. HC: Proprietor of TM Must Establish Valid Registration to Claim Relief Against Infringement |
| Fri, 18 Aug 2023 10:34:15 IST |
| Delhi High Court has held that as per Section 28(1) of Trade Marks Act, in order to enjoy the fruits of registration, whether in the form of a right to exclusivity or protection against infringement, the proprietor of the trademark (TM) has necessarily to establish that the registration is valid. |
| PROPERTY - SC: No Prohibition to Effect a Partition Without Written Instrument |
| Thu, 17 Aug 2023 15:43:11 IST |
| Supreme Court has held that there is no prohibition to effect a partition otherwise than through an instrument in writing by duly complying with the requirement of law, therefore partition may also be effected under a settlement or oral understanding. |
| CIVIL - SC: Court can Record Presence of that Absent Party Alone who has led Substantial Evidence |
| Thu, 17 Aug 2023 15:43:01 IST |
| Supreme Court has held that as per Order XVII Rule 2 of CPC, Court would proceed to pass orders with respect to any of the parties being absent which has led evidence or substantial evidence and has thereafter failed to appear. |
| EDUCATION - Del HC to DU on its Decision to Allow Admission for 5 Year Law on Basis of CLAT: You Are Not Special |
| Thu, 17 Aug 2023 15:42:50 IST |
| Delhi High Court while observing that under NEP, once decision is taken by Centre that admissions are to be done in Central Universities only on the basis of CUET, has told Delhi University that it is not special to allow admissions in five-year integrated law courses solely on the basis of CLAT. |
| FAMILY - Del. HC: False Allegation of Illicit Relationship Amounts to Cruelty |
| Thu, 17 Aug 2023 15:42:40 IST |
| Delhi High Court has observed that false allegations of illicit relationship are the ultimate kind of cruelty as it reflects a complete breakdown of trust and faith amongst the spouses without which no matrimonial relationship can survive. |
| INSURANCE - JKL HC: Insurance Agents Are Liable for Errors and Omissions |
| Thu, 17 Aug 2023 15:42:28 IST |
| Jammu and Kashmir and Ladakh High Court has held that insurance agents represent insurance companies and they are liable for errors and omissions. The Court also observed that these are the insurance agents who are responsible for complying with legal and contractual duties. |
| CRIMINAL - Ker. HC: KeLSA can Grant Victim Compensation without Court Order Except under POCSO |
| Thu, 17 Aug 2023 15:42:18 IST |
| Kerala High Court has held that Kerala State Legal Services Authority (KeLSA) can grant victim compensation suo moto, without a court recommendation, however the same can't be granted to POCSO victims who are minor, which shall still require Special Court recommendation to seek compensation. |
| ARBITRATION - Del. HC: Generic Exclusive Jurisdiction Clause Can be Overridden by Designated Venue of Arbitration |
| Thu, 17 Aug 2023 10:17:37 IST |
| Delhi High Court has held that the generic exclusive jurisdiction clause can be overridden by the designated venue i.e., seat of arbitration as the generic exclusive jurisdiction clause is not a contrary indicia that prevents the venue from becoming the seat of arbitration. |
| CIVIL - SC to Railways: Maintain Status Quo for 10 Days in Demolitions Drive Near Krishna Janmabhoomi |
| Wed, 16 Aug 2023 14:53:10 IST |
| Supreme Court has directed Railways to maintain status quo with respect to a demolition drive being carried out by railway authorities in a settlement in the backyard of Krishna Janmabhoomi in Mathura. |
| BANKING - Del HC: Scope of Writ Jurisdiction Cannot be Allowed to Trounce the Statutory Obligation |
| Wed, 16 Aug 2023 14:52:57 IST |
| Delhi High Court while observing that scope of writ jurisdiction can't be allowed to trounce the statutory obligation, on the stratagem of efficacious alternate remedy, has held that borrowers must avail statutory remedies under SARFAESI Act before invoking Article 226 against recovery proceedings. |
| INTELLECTUAL PROPERTY RIGHTS - Del HC to Controller General: Ensure Compliance Provisions of Pre/Post Grant Oppositions to Patent |
| Wed, 16 Aug 2023 14:52:46 IST |
| Delhi High Court has directed Controller General of Patents, Designs and Trade Marks to ensure that there is strict compliance with the provisions of the Patents Rules, 2003 particularly Rule 57, while dealing with and processing pre or post grant oppositions to a patent. |
| CIVIL - Kar. HC: Tenure of the Chairman of Haj Committee is Coterminous With That of His Membership |
| Wed, 16 Aug 2023 14:52:35 IST |
| Karnataka High Court while dealing with plea seeking extension of tenure of Chairman and members of the Haj Committee has held that the tenure of the Chairman is coterminous with that of his membership and once he ceases to be a member, his Chairmanship also stands determined. |
| CRIMINAL - Ker HC: Distinction b/w Murder and Culpable Homicide not Amounting to Murder Must Not be Overlooked |
| Wed, 16 Aug 2023 14:52:20 IST |
| Kerala High Court has observed that the distinction between murder and culpable homicide not amounting to murder must not be overlooked as it would result in miscarriage of justice. |
| CIVIL - SC: Court Can't Frame 'One Size Fits All' Direction for Page Limit on Petition |
| Wed, 16 Aug 2023 11:20:32 IST |
| Supreme Court while disposing of a PIL has observed that while the concern of the petitioner on the need for page limits on petitions in Court is laudable, it might be difficult for the Court to frame a 'one size fits all' direction. |
| MEDIA AND COMMUNICATION - SC: Self-Regulatory Mechanism for Media Houses is to be Made Effective |
| Wed, 16 Aug 2023 11:20:19 IST |
| Supreme Court while observing that penalties against media houses must be of proportion to profits you make from that show, has stated that while Court appreciates the fact that there has to be self-regulation, that has to be the principle, that self-regulatory body must be effective. |
| CRIMINAL - Del HC Rejects Plea to Condone Delay in Filing Appeal Against Acquittal in 1984 Anti-Sikh Riots Case |
| Wed, 16 Aug 2023 11:20:08 IST |
| Delhi High Court has rejected plea condone the delay in filing of an appeal by prosecution against the acquittal of various accused in 1984 Anti-Sikh riots case and observed that there is no explanation for inordinate delay of more than 27 years and grounds taken by the State are not justifiable. |
| CRIMINAL - Del HC: Absence of Injuries on Private Parts Doesn't Establish Absence of Penetrative Sexual Assault |
| Wed, 16 Aug 2023 11:19:56 IST |
| Delhi High Court has held that mere absence of injuries on private parts of the POCSO victim cannot be a ground to hold that penetrative sexual assault did not take place. |
| EDUCATION - Del. HC: Can't Tamper with Internal Timeline for Inspection of a Medical College |
| Wed, 16 Aug 2023 11:19:44 IST |
| Delhi High Court while observing that the stage of inspection for a medical college is perhaps the most important stage, has held that allowing internal timeline for inspection to be tampered with would have the undesired consequence on education the medical professional of this country receives. |
| ARBITRATION - Cal HC: Reference to Master Facility Agreement Not Sufficient to Incorporate Arbitration Clause |
| Wed, 16 Aug 2023 11:19:33 IST |
| Calcutta High Court while observing that arbitration clause can't be incorporated by reference without clear intention of parties, has held that a general reference to the Master Facility Agreement is not sufficient to incorporate the arbitration clause. |
| SERVICE - Raj. HC: Chest Measurement Criterion for Women in Recruitment is Arbitrary and Outrageous |
| Wed, 16 Aug 2023 11:19:22 IST |
| Rajasthan High Court has held that chest measurement as a criterion for female candidates, is absolutely arbitrary, rather outrageous and it is a clear dent on a lady's dignity and right of privacy guaranteed under Articles 14 and 21 of the Constitution of India. |
| CRIMINAL - P&H HC to Authorities: Consider Framing Guidelines to Curb Rising Immoral Trafficking Cases |
| Wed, 16 Aug 2023 11:19:11 IST |
| Punjab and Haryana High Court has suggested to the authorities to consider framing guidelines similar to 'GNCT of Delhi's guideline on operation of Spa/massage centres' to curb the rising menace of case under Immoral Trafficking Act in Chandigarh. |
| LABOUR AND INDUSTRIAL - JKL HC: Failure of Employer to Assign Work Would be Deemed Retrenchment |
| Wed, 16 Aug 2023 11:18:59 IST |
| Jammu and Kashmir and Ladakh High Court has held that in case the employer fails to issue termination order against the employee, the subsequent failure of employer in assigning work while doing so for others can still be considered as retrenchment under the Industrial Disputes Act of 1947. |
| FAMILY - CG HC: Wife Alleging Husband Engaged in Illicit Relationship With Mother Amounts to Mental Cruelty |
| Wed, 16 Aug 2023 11:18:33 IST |
| Chhatisgarh High Court has held that wife affirming her statement made in the different forums wherein the sacred relation of mother & son is being attacked by accusations would lead to mental cruelty. |
| LAW OF EVIDENCE - Ker HC: Non-Conduct of TIP is Fatal if Witnesses Not Familiar with Accused at the Time of Occurrence |
| Wed, 16 Aug 2023 11:18:22 IST |
| Kerala High Court has held that in cases where witnesses were not familiar with accused at the time of occurrence, the non-conduct of test identification parade (TIP) is fatal, and conviction based solely on identification of accused for the first time in court is not sufficient. |
| COMMERCIAL - SC to Delhi Govt.: Notify 'Motor Vehicle Aggregator & Delivery Service Provider Scheme' by Sept. 30 |
| Mon, 14 Aug 2023 15:50:41 IST |
| Supreme Court has extended the time granted to Delhi Government to notify Delhi Motor Vehicle Aggregator and Delivery Service Provider Scheme, 2023, till September 30th. |
| COMMERCIAL - Del. HC: Supplementary Agreement Executed Under Duress Can't Preclude Party to Claim Damages |
| Mon, 14 Aug 2023 15:50:30 IST |
| Delhi High Court has held that a supplementary agreement executed by a contractor forego of its claims cannot preclude him from claiming damages if the execution of such agreement was a pre-condition to the issuance of PCC necessary for collection of toll taxes in BOT contracts. |
| ELECTRICITY - Kar. HC: Minimum Sentence U/S 135 of Electricity Act Can't be Less Than 3 Times the Financial Gain |
| Mon, 14 Aug 2023 15:50:20 IST |
| Karnataka High Court has observed that minimum sentence under Section 135 of the Electricity Act, 2003 for the first conviction cannot be less than three times the financial gain. |
| LAND ACQUISITION - All. HC: Reference U/S 28A(3) of LAA, 1894 Can't be Filed by Beneficiary of Acquired Land |
| Mon, 14 Aug 2023 15:50:09 IST |
| Allahabad High Court has held that reference under Section 28A(3) of the Land Acquisition Act (LAA), 1894 can't be filed by the beneficiary of acquired land n view of the specific bars under Section 25 and Section 50(2) of the LAA, 1894. |
| CRIMINAL - SC Sets Aside P&H HC's Directions on Appearance of Prosecution Witnesses |
| Mon, 14 Aug 2023 11:40:03 IST |
| Supreme Court has set aside directions issued by the Punjab & Haryana High Court in 2022 regarding the issuance of summons to prosecution witnesses in a criminal trial and observed that such a rigid rule cannot be made through a judicial fiat. |
| SERVICE - SC: Right to Education Includes Quality Education |
| Mon, 14 Aug 2023 11:39:51 IST |
| Supreme Court while upholding Rajasthan High Court's decision that made B.Ed. (Bachelor of Education) degree holders ineligible for appointment to the post of primary school teachers, has observed that Right to Education under Article 21A included quality education. |
| CIVIL - SC: Court Can't Issue Writ to Legislature to Enact a Particular Law |
| Mon, 14 Aug 2023 11:39:41 IST |
| Supreme Court while setting aside the direction of Madras High Court that directed the Central government to codify tort law has held that no Constitutional Court can issue a writ of mandamus to a legislature to enact a law on a particular subject in a particular manner. |
| CIVIL - SC: If Frivolous Litigations by the Union is Curtailed, 70% of Court's Role Would be Reduced |
| Mon, 14 Aug 2023 11:39:30 IST |
| Supreme Court has observed that if the Union of India decides, 70 percent of litigation can be curtailed if so many frivolous litigations by the union as well as most of the state governments are cut down. This will reduce 70 percent of the role of this court. |
| CRIMINAL - SC: Person Receiving Information of Crime or Detecting the Occurrence, Can Investigate the Same |
| Mon, 14 Aug 2023 11:39:18 IST |
| Supreme Court while upholding a conviction under Kerala Abkari Act has held that merely because person receiving the information of the crime or detecting the occurrence thereof, is investigate the same, such an investigation cannot be said to be bad in law. |
| CIVIL - SC Issues Direction for Court's Security Amid Recent Gun Firing Incidents in the Court in Delhi |
| Mon, 14 Aug 2023 11:39:07 IST |
| Supreme Court has issues directions to ensure safety within court premises in light of the recent incidents of gun firing within court premises in Delhi and observed that such incidents pose significant risks to safety of not only judges but lawyers, court staff, litigants and the general public. |
| ARBITRATION - SC: Court Can't Modify Award U/S 34 of Arbitration Act |
| Mon, 14 Aug 2023 11:38:57 IST |
| Supreme Court while observing that Court's under Section 34 of the Arbitration and Conciliation Act, 1996 has no power to modify an arbitration award, has observed that such a power has been consciously omitted by Parliament, while enacting the Act of 1996. |
| LAW OF EVIDENCE - SC: Disclosure Statements can't establish Charges Beyond Reasonable Doubt on its Own |
| Mon, 14 Aug 2023 11:38:45 IST |
| Supreme Court has held that although disclosure statements hold significance as a contributing factor in unriddling a case, they are not so strong a piece of evidence sufficient on its own and without anything more to bring home the charges beyond reasonable doubt. |
| SERVICE - Mad. HC: Employees Have a Right to Vent |
| Mon, 14 Aug 2023 11:38:34 IST |
| Madras High Court has observed that employees have a right to vent and action can't be taken against them for posting a message in a WhatsApp group chat expressing critical views against the management as it is natural for employees to nurture a sense of grievance against them. |
| CRIMINAL - SC: Court Must First See if Case Falls Within 'Culpable Homicide Not Amounting to Murder' |
| Fri, 11 Aug 2023 16:03:36 IST |
| Supreme Court has held that a duty is enjoined upon the Court of Sessions to undertake an exercise and to satisfy itself whether a case of culpable homicide not amounting to murder is made out or not, before proceeding with the trial of an accused for murder. |
| CRIMINAL - SC: FIR Sought to be Quashed on Ground of Personal Vengeance Must be Looked into More Closely |
| Fri, 11 Aug 2023 16:03:23 IST |
| Supreme Court has held that when the accused seeks for quashing of FIR on the ground that the same is based on ulterior motive for wreaking personal vengeance, then in such circumstances the Court owes a duty to look into the FIR with care and a little more closely. |
| CIVIL - Del. HC to Police: Continue Steps to Restrain Sale of Chinese Manjha During Independence Day Period |
| Fri, 11 Aug 2023 16:03:10 IST |
| Delhi High Court has directed Delhi Police to continue to take steps to restrain the sale of Chinese manjha in Delhi even during the forthcoming Independence Day period, which is the kite-flying season. |
| CRIMINAL - All. HC: False POCSO/SC-ST Cases Being Filed to Claim Money from the State |
| Fri, 11 Aug 2023 16:02:57 IST |
| Allahabad High Court has observed that certain false FIR under the POCSO as well as SC/ST Act are being lodged against innocent persons ruining their image in the society just for taking money from the State, and Governments should become sensitive to this grave issue. |
| FAMILY - Ker. HC: Child's Educational Expenses Not Maintenance U/S 125 CrPC if Reimbursed By Employer |
| Fri, 11 Aug 2023 16:02:43 IST |
| Kerala High Court has held that payment of educational expense of children, which was later reimbursed by employer, cannot be treated as the maintenance allowance contemplated under Section 125 of CrPC. |
| PROPERTY - SC: When Land Belonging to Govt. is Subject to Adverse Possession, Courts Must Exercise Greater Care |
| Fri, 11 Aug 2023 11:31:31 IST |
| Supreme Court has held that when the land wherein adverse possession has been claimed, belongs to the Government, the Court is duty-bound to act with greater seriousness, effectiveness, care, and circumspection as it may lead to Destruction of a right/title of the State to immovable property. |
| EDUCATION - SC: Minimum 75% Eligibility Condition for Sports Quota is Discriminatory |
| Fri, 11 Aug 2023 11:31:14 IST |
| Supreme Court has held that imposition of minimum 75% eligibility condition doesn't subserve the object of introducing sports quota, but is, rather destructive of it as it subverted the object and is discriminatory; it therefore, falls afoul of the equality clause in Article 14 of the Constitution. |
| CRIMINAL - SC: Criminal Antecedents Can't be Sole Consideration to Decline Relief U/S 482 CrPC |
| Fri, 11 Aug 2023 11:30:58 IST |
| Supreme Court has observed that the Court should not decline to relief under Section 482 CrPC on the ground that the accused is a history sheeter, if FIR fails to disclose commission of any offence or his case falls within parameters as laid down in Bhajan Lal case (MANU/SC/0115/1992). |
| CRIMINAL - SC Issues Directions to Ensure the Fairness of the Investigation in Manipur Violence Case |
| Fri, 11 Aug 2023 11:30:41 IST |
| Supreme Court while issuing directions in the Manipur violence case to ensure fair investigation has directed that SIT should not consist exclusively of members belonging to either one of the communities involved in the clashes. |
| CYBER LAWS - Kar. HC Stays Single Bench Order That Imposed 50 Lakh Cost on X Corp |
| Thu, 10 Aug 2023 14:24:56 IST |
| Karnataka High Court Division bench has stayed a Single bench order that dismissed X Corp's (formerly Twitter) challenge against blocking orders issued by Centre with Rs. 50 lakh cost, subject to the appellant depositing Rs 25 lakh within one week in this court. |
| CIVIL - Ker. HC to State: Propose Steps to Ensure Children are Not Forced to Perform 'Theyyam' Ritual Dance |
| Thu, 10 Aug 2023 14:24:39 IST |
| Kerala High Court while observing that selecting children as performers is violative of their fundamental rights, against their best interests, has directed State to take concrete steps to ensure that children wouldn't be compelled to perform 'Theyyam' ritual dance. |
| CRIMINAL - SC: Threatening a Person to Withdraw Complaint Won't Attract Offence U/S 195A IPC |
| Thu, 10 Aug 2023 11:28:58 IST |
| Supreme Court has observed that later part of Section 195A IPC makes it very clear that false evidence means false evidence before the Court of law, and therefore threatening a person to withdraw a complaint or FIR or settle the dispute would not attract any offence under the section. |
| LAW OF MEDICINE - Delhi HC: Rape Victim Must be Produced Before Hospital Within 24 Hours for Conducting MTP Procedure |
| Thu, 10 Aug 2023 11:28:42 IST |
| Delhi High Court while issuing guidelines for dealing with cases of medical termination of pregnancy (MTP) of victims of rape, has stated that Investigating Officer must produce the victim before hospital for conducting the procedure within 24 hours even when gestation period is less than 20 weeks. |
| CIVIL - Bom HC to State: Ensure No Developer Defaults in Payment of Transit Rent to Residents |
| Thu, 10 Aug 2023 11:28:28 IST |
| Bombay High Court in attempt to curb errant builders in default of their obligations, has directed State government to take steps to ensure that developers do not default in payment of transit rent to residents/tenants whose buildings are undergoing redevelopment. |
| CRIMINAL - Mad HC Takes Suo Moto Revision Against Minister Ponmudi's Acquittal in Disproportionate Assets Case |
| Thu, 10 Aug 2023 11:28:14 IST |
| Madras High Court has Suo Moto taken up revision against the Trial Court verdict that acquitted Tamil Nadu Higher Education Minister K Ponmudi and his wife in a disproportionate assets case. |
| INSURANCE - SC: Duty of the Insurance Company to Disclose All Material Facts Within Their Knowledge |
| Wed, 09 Aug 2023 16:06:41 IST |
| Supreme Court has observed that it is the duty of the insurance company to disclose all material facts within their knowledge since the obligation of good faith applies to both insurer and insured equally. |
| CRIMINAL - SC: Court Must Try to Read in Between the Lines in Frivolous or Vexatious Proceedings |
| Wed, 09 Aug 2023 16:06:28 IST |
| Supreme Court has observed that in frivolous or vexatious proceedings, Court owes a duty to look into other attending circumstances emerging from the record of the case over and above the averments and, if need be, with due care and circumspection try to read in between the lines. |
| CRIMINAL - SC: If Accused Are Already Shown to Witnesses in Police Station, Sanctity of TIP is Doubtful |
| Wed, 09 Aug 2023 16:06:12 IST |
| Supreme Court while hearing an appeal against the conviction based on circumstantial evidence, has observed that if the accused are already shown to the witnesses in the Police Station, then the sanctity of Test Identification Parade (TIP) before the court is doubtful. |
| CRIMINAL - SC: Protection U/S 197 CrPC Not Available to Nationalised Bank Employee |
| Wed, 09 Aug 2023 11:34:30 IST |
| Supreme Court has held that although a person working in a Nationalised Bank is a public servant, yet the provisions of Section 197 CrPC wouldn't be attracted as it is attracted only in cases where public servant is not removable from his service save by or with the sanction of the Government. |
| CRIMINAL - Delhi HC Passes Direction for Protecting Mental Health of Prisoners |
| Wed, 09 Aug 2023 11:34:18 IST |
| Delhi High Court while observing that while imprisonment restricts the right to liberty, it does not restrict the human rights of convicts, has issued directions for ensuring protection of mental and emotional health of the prisoners. |
| ARBITRATION - Cal. HC to Centre: Probe Fraud Committed by Railways to Obtain Favorable Award |
| Wed, 09 Aug 2023 11:34:00 IST |
| Calcutta High Court while unconditionally stayed an arbitral award granted in favour of South Eastern Railways on ground of fraud perpetrated by collusion between the parties in obtaining the award, has directed probe into the matter by a high-level committee of Ministry of Finance. |
| CRIMINAL - Ker HC: Remedies under PMLA Can't be Bypassed Unless Entirely Ill-Suited to meet Demand of Situation |
| Wed, 09 Aug 2023 11:33:48 IST |
| Kerala High Court while observing that a three-tier remedy is provided under PMLA itself, as fora to alleviate the grievances of those aggrieved, has held that these remedies, available under the statute, can't be circumvented unless they are entirely ill-suited to meet demands of the situation. |
| ARBITRATION - All. HC: Ineligibility of Arbitrator U/S 12(5) A&C Act Can't Make Arbitration Clause Itself Invalid |
| Tue, 08 Aug 2023 15:03:58 IST |
| Allahabad High Court has observed that merely because the person, who could act as an arbitrator in terms of arbitration clause becomes ineligible to act as arbitrator by virtue of Section 12(5) of A&C Act, it won't render invalid the entire arbitration clause in the agreement. |
| SERVICE - JKL HC: Competent Authority must Reach a Bona Fide Opinion to enforce Order of Compulsory Retirement |
| Tue, 08 Aug 2023 15:03:46 IST |
| Jammu and Kashmir and Ladakh High Court has held that a government servant can't be compulsorily retired unless competent authority comes to a conclusion after forming a bona fide opinion of its own that the petitioner can be subjected to compulsory retirement in the interest of the institution. |
| LAW OF MEDICINE - Ker. HC to State: Constitute Committee to Examine Requests for Sex-Selective Surgeries |
| Tue, 08 Aug 2023 15:03:30 IST |
| Kerala High Court has directed State government to constitute a State Level Multidisciplinary Committee consisting of experts to examine requests for performing sex-selective surgeries on intersex children. |
| CRIMINAL - Ker. HC: Preventive Detention Orders Not to be Issued as Punishment |
| Tue, 08 Aug 2023 15:03:16 IST |
| Kerala High Court has observed that preventive detention law cannot be used as a punitive measure or as a substitute of criminal trial, and can be invoked only for maintenance of public order when activities of a person become a threat or adverse to the society. |
| CIVIL - Ker. HC: Can't Discriminate Against Students for Availing Student Concession Rate While Boarding Bus |
| Tue, 08 Aug 2023 15:03:00 IST |
| Kerala High Court has held that as long as student concessions are in force, owners and employees of a bus cannot take a discriminative stand against the students while boarding buses, only because they are paying the concession rate. |
| CRIMINAL - SC: Will Pass Directions in Manipur Violence Cases to Restore a Sense of Faith in Rule of Law |
| Tue, 08 Aug 2023 11:15:21 IST |
| Supreme Court has stated that it will pass directions in relation to Manipur violence cases to restore a sense of faith in the rule of law and build a sense of confidence and also constitute a committee of 3 former female High Court judges to look at diverse aspects on humanitarian nature. |
| CRIMINAL - Cal. HC Dismisses PIL Seeking Implementation of PoSH Act within the Calcutta High Court |
| Tue, 08 Aug 2023 11:15:08 IST |
| Calcutta High Court while terming the PIL as 'absolutely premature' has dismissed the plea seeking strict implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act) within the Calcutta High Court. |
| CRIMINAL - Cal. HC: Mental Cruelty Can't Have Uniform Standard in Matrimonial Cases |
| Tue, 08 Aug 2023 11:14:54 IST |
| Calcutta High Court while observing that Mental cruelty is a state of mind and such feeling and intensity are felt differently by each person, has observed that it is impossible to have a uniform standard to decide 'mental cruelty' in different cases as facts and circumstances are not same. |
| MRTP/ COMPETITION LAWS - Mad. HC: CCI has Jurisdiction Over Pleas Filed Against Google's New User Choice Billing System |
| Tue, 08 Aug 2023 11:14:41 IST |
| Madras High Court while dismissing majority of pleas filed by Indian startups against Google's new user choice billing system, has observed that the matter falls within the jurisdiction of the Competition Commission of India. |
| CIVIL - P&H HC Stays Demolition Drive in Nuh until Further Orders |
| Tue, 08 Aug 2023 11:14:28 IST |
| Punjab & Haryana High Court in its suo moto action, has stayed the ongoing demolition drive in Nuh until further orders, after it had come to the notice of the Court that the State is demolishing buildings without any prior notice on account of the fact that riots have occurred in Gurugram & Nuh. |