| CIVIL - SC: Sealed Cover Procedure Fundamentally Against Judicial Process |
| Mon, 20 Mar 2023 13:52:38 IST |
| Supreme Court while refusing to accept sealed cover note submitted by Central Government in matter relating to disbursal of pension arrears to retired defence personnel under OROP scheme, stated that sealed cover procedure is fundamentally contrary to the judicial process. |
| MOTOR VEHICLES - Gau HC: Insurance Co. Not liable to Pay Compensation for Death of Gratuitous Passenger |
| Mon, 20 Mar 2023 13:52:24 IST |
| Gauahti High Court has held that Insurance Company is not liable to pay compensation for the death of gratuitous passengers travelling in goods vehicle, and he can recover the compensation granted in their favour by the Tribunal from the owner of the vehicle. |
| CRIMINAL - Ker. Court: Media Personnel Can't be Jailed for Reporting |
| Mon, 20 Mar 2023 13:52:11 IST |
| Kerala Court, Kozhikode while granting anticipatory bail to the Executive Editor and other employees of Asianet News in connection with the allegations of airing a 'staged interview', has observed that in a democracy, media personnel cannot be put in jail alleging criminal offences. |
| CIVIL - SC Division Bench Give Split Verdict on Issue of Scope of Review When Judgment Relied is Overruled |
| Mon, 20 Mar 2023 10:46:30 IST |
| Supreme Court division bench gave a split verdict on scope of review when the judgment relied on in impugned order and all subsequent judgment that followed it is eventually overruled by a superior court. Justice MR Shah allowed review petitions while Justice BV Nagarathna opined against it. |
| CRIMINAL - SC: If Serious Offences are Subsequently Added in FIR, Bail Can be Cancelled |
| Mon, 20 Mar 2023 10:46:18 IST |
| Supreme Court while setting aside bail in a Casting Couch case has held that if serious offence are added in FIR, Court can direct that accused be arrested even though an order of bail was earlier granted in his favour in respect of the offences charged when his application for bail was considered. |
| CIVIL - SC: Proceedings Questioning Employee's Caste Certificate Can't be Done Ex-Parte |
| Mon, 20 Mar 2023 10:46:07 IST |
| Supreme Court has held that in a scenario where validity of community certificate is put to question, keeping in mind the importance of document and effect it has on people's rights, proceedings questioning the document can't, except in the most exceptional circumstances, be done ex-parte. |
| COMPANY - SC: Rehabilitation Scheme Under SICA Binds All Creditors |
| Mon, 20 Mar 2023 10:45:54 IST |
| Supreme Court while observing that rehabilitation scheme under Section 18 of the SICA, 1985 shall bind all the creditors including the unsecured creditors, has held that recovery of dues post revival of sick company would yet again push the company into sick status. |
| ARBITRATION - SC: Arbitrator Can Award Pendente Lite Interest if Not Barred Under Contract |
| Mon, 20 Mar 2023 10:45:43 IST |
| Supreme Court has held that unless there is a specific bar under the contract, Arbitrator can award pendente lite interest in view of Section 31(7)(a) of the Arbitration and Conciliation Act 1996. |
| CRIMINAL - Cal HC: Accused and Victim Happily Married to Other Persons Doesn't Lessen the Offence |
| Mon, 20 Mar 2023 10:45:32 IST |
| Calcutta High Court while refusing to quash a POCSO case, has observed that merely because accused and victim are married to other persons does not lessen the offence alleged, considering the prima facie materials on record. |
| PROPERTY - Ker HC: Unilateral Action of Bank of Withholding Title Document After Loan is Repaid is Illegal |
| Mon, 20 Mar 2023 10:45:21 IST |
| Kerala High Court has held that merely because the property was transferred by the petitioner during the subsistence of the mortgage, Bank is not entitled to withhold security documents on ground that petitioner has transferred property during subsistence of mortgage, if the loan has been repaid. |
| MOTOR VEHICLES - Ker. HC to Centre: Consider Allowing Vehicles to Pass Without Paying Toll During Busy Hours |
| Mon, 20 Mar 2023 10:45:08 IST |
| Kerala High Court has directed Centre to consider allowing vehicles to pass through toll booths without paying toll during busy hours of traffic when the queue of vehicles is long. |
| HUMAN RIGHTS - SC to Centre: Ensure Easy Access to NHRC for People in Jammu & Kashmir |
| Sat, 18 Mar 2023 13:56:48 IST |
| Supreme Court has directed Central Government to bring a mechanism which will allow people people in Jammu and Kashmir to file their complaints to the NHRC from J&K itself. |
| ARBITRATION - Del. HC: Power to Award Interest Applies Only in Absence of An Arbitration Agreement |
| Sat, 18 Mar 2023 13:56:36 IST |
| Delhi High Court has held that Arbitrator's discretion while awarding interest in respect of the pre-reference period under Section 31 of Arbitration and Conciliation Act, 1996 applies only where there is no agreement between the parties with respect to the rate of interest to be awarded. |
| ENVIRONMENT - NGT Imposes ?100 Crore Fine on Kochi Corporation for Negligence |
| Sat, 18 Mar 2023 13:56:24 IST |
| National Green Tribunal (NGT), Principle Bench has imposed ?100 Crore Fine on Kerala state authorities for their failure to manage waste effectively at the Brahmapuram waste dumping yard which led to a major fire outbreak on March 2. |
| DIRECT TAXATION - ITAT: Employers Must Deposit Contribution Towards EPF/ESI on Time to Avail IT Deduction |
| Sat, 18 Mar 2023 13:56:13 IST |
| Income Tax Appellate Tribunal (ITAT), Delhi bench has held that employers have to deposit employees' contributions towards EPF/ESI on time to avail of income tax deductions. |
| LABOUR AND INDUSTRIAL - SC: Workers Should Furnish Their Own Permanent Address Instead of Union's |
| Sat, 18 Mar 2023 11:22:59 IST |
| Supreme Court while observing the difficulties arising due to service of notice on Union instead of the worker, has held that effective relief can be granted to a worker only if the permanent address of the workman is furnished in the pleadings. |
| DIRECT TAXATION - SC: Non-Service of AO Inconsequential if Assessee Otherwise Had Knowledge About Them |
| Sat, 18 Mar 2023 11:22:47 IST |
| Supreme Court has observed that Attachment order will not be vitiated merely because assessment orders (AO) were not served on the assessee, if the assessee had otherwise got knowledge about the assessment orders. |
| CRIMINAL - SC to HCs: Record All Essentials Such as FIR No., Police Station Etc in Bail Orders |
| Sat, 18 Mar 2023 11:22:35 IST |
| Supreme Court has directed High Courts to ensure that in bail/anticipatory bail matters, all basic essentials (i.e. FIR No., Date, the concerned police station and the offences allegedly committed etc.) are duly recorded or reflected in the format of the order. |
| EDUCATION - SC: Minority Educational Institution Can't Claim Exemption from Admission & Fee Regulatory Committee |
| Sat, 18 Mar 2023 11:22:22 IST |
| Supreme Court has held that minority educational institution cannot claim complete immunity from the exercise undertaken by the Admission and Fee Regulatory Committee by claiming protection under Article 30(1) of the Constitution of India. |
| EDUCATION - SC Passes Guidelines to Ensure Access to CLAT for Candidates With Disabilities |
| Sat, 18 Mar 2023 11:22:05 IST |
| Supreme Court has passed guidelines to ensure better accessibility for candidates with disability to appear in CLAT examination. |
| CRIMINAL - Del. HC: Infirm Person Can Seek Bail Under PMLA Even if Not Sick |
| Sat, 18 Mar 2023 11:21:53 IST |
| Delhi High Court has held that since 'sick' and 'infirm' are separated by 'or', "a person who, though, not sick but infirm would still be entitled to seek the benefit of the exception in the proviso to section 45(1) PMLA and vice-versa. |
| ARBITRATION - Del HC Issues Directions to Centre and State Payment of Unpaid Dues to Reliance Infra |
| Sat, 18 Mar 2023 11:21:40 IST |
| Delhi High Court has directed Centre and State to attend to DMRC's request for extension of sovereign guarantee or subordinate debt to enable it make payment of dues to Reliance Infra-owned Delhi Airport Metro Express Private Limited (DAMEPL) under 2017 arbitral award. |
| NARCOTICS - P&H HC: Norm on Mandatory Custody for Suspension of Sentence in NDPS Cases Should be Relaxed |
| Sat, 18 Mar 2023 11:21:28 IST |
| Punjab & Haryana High Court has held that norm of minimum mandatory period of custody of 6 yrs for grant of relief of suspension of sentence where there is conscious possession of commercial quantity is liable to be relaxed by 6 months while maintaining minimum custody of 15 months after conviction. |
| SERVICE - SC: Service Rules Prevails Over Conflicting Government Resolutions in Service Jurisprudence |
| Fri, 17 Mar 2023 14:50:47 IST |
| Supreme Court has observed that in Service jurisprudence, Services Rules which have a statutory effect will prevail and government resolutions can't be conflict with the rules. |
| BANKING - SC: Insolvency Resolution of Company Doesn't Extinguish Director's Liability U/S 138 NI Act |
| Fri, 17 Mar 2023 14:50:35 IST |
| Supreme Court has held that the company's director cannot seek discharge from Negotiable Instruments Act proceedings on the ground that creditor's debt stood settled in the proceedings under Insolvency and Bankruptcy Code. |
| ARBITRATION - Del. HC: Participation in Civil Suit Filed by Partner, Not Waiver of Right to Invoke Arbitration |
| Fri, 17 Mar 2023 14:50:23 IST |
| Delhi High Court has observed that participation of a party in a civil suit instituted by a partner, would not debar the party from initiating independent proceedings by way of arbitration, seeking independent remedies under the Partnership Deed. |
| NARCOTICS - Ker. HC: IOs/PPs Can't Casually Seek Extension of Time for Completing Probe in NDPS Cases |
| Fri, 17 Mar 2023 14:50:12 IST |
| Kerala High Court while observing that investigating officers (IO) and public prosecutors (PP) can't casually seek extension of time for completing probe in NDPS cases, has held that necessity of setting out twin requirements for extension of detention beyond 180 days can't be overlooked. |
| LAW OF MEDICINE - SC: Doctor Can't Be Punished Under Drugs & Cosmetics Act for Storing Small Quantities of Medicines |
| Fri, 17 Mar 2023 11:05:00 IST |
| Supreme Court has held that a doctor's act of storing small quantities of medicines will not amount to an offence of unauthorized stocking of medicines under Section 18(c) of Drugs and Cosmetics Act. |
| CONTEMPT OF COURT - Delhi HC Sentences Lawyer to 6 Months Jail For Contempt of Court |
| Fri, 17 Mar 2023 11:04:49 IST |
| Delhi High Court has sentenced a lawyer to six months of simple imprisonment after finding him guilty of contempt of court for not complying with the judicial orders directing him to pay the use and occupation charges to the landlord in respect of a property situated in Kingsway Camp area. |
| CONTEMPT OF COURT - Delhi HC Directs Filmmaker Vivek Agnihotri To Remain Present In Court On April 10 in 2018 Case |
| Fri, 17 Mar 2023 11:04:37 IST |
| Delhi High Court has directed filmmaker Vivek Agnihotri to remain present before it on April 10 in the 2018 suo motu criminal contempt proceedings initiated against him and several others for remarks against Justice S. Muralidhar. |
| PROPERTY - Delhi HC Dismisses Supertech Homebuyers' Pleas For Stopping Banks From Charging EMIs |
| Fri, 17 Mar 2023 11:04:26 IST |
| Delhi High Court has dismissed Supertech Urban Home Buyers Association (SUHA) Foundation and other home buyer's petitions seeking directions for financial institutions to not charge the EMIs from them till the delivery of possession of flats by Supertech Limited. |
| SERVICE - Calcutta HC Quashes Appointment of 29 Vice-Chancellors of State Universities |
| Fri, 17 Mar 2023 11:04:15 IST |
| Calcutta HC while quashing 29 appointments has ruled that the State has no authority to appoint, re-appoint or extend the tenures of Vice Chancellors (VCs) of the universities in the State of West Bengal. It has further held that the appointment of VCs should be strictly in accordance with law. |
| CIVIL - TL HC: Revisional Court Cannot Set Aside Findings of Facts Recorded By Lower Court |
| Fri, 17 Mar 2023 11:04:03 IST |
| Telangana High Court has observed that the Revisional Court has no jurisdiction to set aside the findings of facts recorded by a Subordinate Court and substitute its own findings. |
| CRIMINAL - AP HC: Personal Appearance of Accused Not Necessary At Examination Stage Under Section 251 Cr. PC |
| Fri, 17 Mar 2023 11:03:52 IST |
| Andhra Pradesh High Court has held that the personal appearance of the accused at the stage of examination under Section 251 of Cr. PC is not required. |
| INSOLVENCY - SC: RP Can Take Control of Corporate Debtor's Rights in Assets Licensed to Third Parties |
| Thu, 16 Mar 2023 13:56:35 IST |
| Supreme Court has held that Resolution Professional (RP) is entitled to take control of the rights of a corporate debtor in assets which are licensed to third parties Under Section 25 of the Insolvency and Bankruptcy Code 2016. |
| ENVIRONMENT - NGT Constitutes Committee to Investigate Declining Snowfall in Kufri |
| Thu, 16 Mar 2023 13:56:22 IST |
| National Green Tribunal (NGT), Principle Bench has constituted a joint committee to submit a factual and action-taken report on the declining snowfall in Kufri, Himachal Pradesh. |
| CIVIL - SC: Once Area Urbanized Under Del. Municipal Corporation Act, Del. Land Reforms Act Not Applicable |
| Thu, 16 Mar 2023 11:25:02 IST |
| Supreme Court has held that once rural area is urbanized by issuance of notification under Section 507(a) of Delhi Municipal Corporation Act, 1957, the provisions of Delhi Land Reforms Act, 1954 cease to apply. |
| FAMILY - SC: Can't Presume Will to be Genuine Merely Because It's More Than 30 Years Old |
| Thu, 16 Mar 2023 11:24:50 IST |
| Supreme Court while observing that wills can't be proved only on basis of their age, has held that presumption under Section 90 as to the regularity of documents more than 30 years of age is inapplicable when it comes to proof of wills. |
| EDUCATION - Del HC: Can't Infer Commercialization of Education Merely Because School Maintain Surplus |
| Thu, 16 Mar 2023 11:24:37 IST |
| Delhi High Court while observing that private schools are dependent on the fees collected by them from the students, has held that merely because schools maintain surplus, it cannot be understood as commercialization of education. |
| PROPERTY - Delhi HC: Not Bank's Responsibility to Get Real Estate Project Completed |
| Thu, 16 Mar 2023 11:24:25 IST |
| Delhi High Court while observing that banks can't be loaded with responsibility of getting real estate projects completed, has held that it is for the lenders to take appropriate legal action by approaching the civil forum to ensure that the project is completed on time. |
| CIVIL - Bombay HC Allows Correction in Sale Deed After Thirty-Eight Years |
| Thu, 16 Mar 2023 11:24:12 IST |
| Bombay High Court while observing that Court under Section 151 and 152 of CPC has power to rectify errors has allowed corrections to be made in a sale deed after 38 years. |
| INTELLECTUAL PROPERTY RIGHTS - Cal. HC Orders YouTuber Dhruv Rathee to Remove References to 'Real Fruit Juice' from His Video |
| Thu, 16 Mar 2023 11:24:00 IST |
| Calcutta High Court while granting interim relief to Dabur, has directed Dhruv Rathee to remove the offending portions from the video wherein he specifically disparaged their packaged fruit products 'Real' juice, violating Dabur's trademark by unauthorized use of packaging, label & logo of product. |
| CIVIL - JKL HC: No Absolute Bar to Invoke Writ Jurisdiction in Contractual Matters With State |
| Thu, 16 Mar 2023 11:23:35 IST |
| Jammu and Kashmir and Ladakh High Court has observed that there has been paradigm shift in approach of the Courts in exercise of its Writ Jurisdiction in the matters of contractual disputes with State and citizens can in appropriate cases, approach the High Courts for exercise of Writ Jurisdiction. |
| MINES AND MINERALS - Meghalaya HC Rejects State's Blueprint to Deploy CRPF for Curbing Illegal Coal Mining |
| Thu, 16 Mar 2023 11:23:22 IST |
| Meghalaya High Court has rejected State's "Grandiose" blueprint to deploy 100 and 60 companies of CRPF in eastern and western range respectively to curb Illegal Coal Mining, has observed that cost implication even on short-term/temporary basis, may make this plan unfeasible. |
| SALES TAX/VAT - SC: Dealer Must Prove Transaction Beyond Reasonable Doubt to Claim Input Tax Credit |
| Wed, 15 Mar 2023 14:43:38 IST |
| Supreme Court has held that under Section 70 of Karnataka Value Added tax Act, dealer claiming Input Tax Credit on purchase ought to prove and establish actual physical movement of goods and genuineness of transaction, beyond reasonable doubt. |
| ARBITRATION - Del. HC: Arbitrator Can Declare Terms of Contract Null Even if Not Sought by Party in Pleadings |
| Wed, 15 Mar 2023 14:43:27 IST |
| Delhi High Court while observing that it is within the domain of the Arbitrator to interpret the terms of the contract has held that arbitrator can declare terms of contract as null even if no such declaration was sought by party in their pleadings. |
| ARBITRATION - Del. HC: Arbitration Award Violating Indian Contracts Act is Patently Illegal |
| Wed, 15 Mar 2023 14:43:15 IST |
| Delhi High Court while partially set aside an arbitration award that was passed in contravention of Sections 59-61 of Indian Contracts Act (ICA), 1872, has held that award that is passed in violation of the provisions of ICA would be liable to be set aside as suffering from patent illegality. |
| CRIMINAL - Del. HC: Consent to Stay in Man's Company Not Basis to Infer Woman Consented to Sexual Liaison |
| Wed, 15 Mar 2023 14:43:03 IST |
| Delhi High Court while observing that distinction needs to be articulated between "consenting to a situation vs. "consenting to sexual liaison", has held that merely because woman consents to being in company of a man can never be basis to infer that she had consented to sexual liaison with him. |
| CIVIL - Del. HC to State: Construct Toilets for Transgender People in 8 Weeks |
| Wed, 15 Mar 2023 14:42:52 IST |
| Delhi High Court while noting that toilets have not been constructed at all for transgender people, has directed State government to ensure that public toilets for transgender persons are constructed within eight weeks. |
| SERVICE - Guj. HC: Terminated Employee Not Automatically Entitled to Back Wages Upon Acquittal |
| Wed, 15 Mar 2023 14:42:42 IST |
| Gujarat High Court has held that when an employee is terminated due to criminal prosecution against him, he is not automatically entitled to back wages upon his subsequent acquittal in appeal. |
| SERVICE - Ker. HC Issues Directions for Implementation of Reservation for PwD Appointments in Aided School |
| Wed, 15 Mar 2023 14:42:31 IST |
| Kerala High Court while modifying a single bench order directing State to give effect to its 2018 decision regarding PwD (Person with Disability) reservation for employment in aided educational institutions, has issued additional directions for effective implementation of the same. |
| CRIMINAL - Ker. HC: Grounds for Bail Prescribed by Apex Court in Susantha Ghosh Case Not Exhaustive |
| Wed, 15 Mar 2023 14:42:20 IST |
| Kerala High Court while observing that grounds for bail prescribed by Supreme Court in Susanta Ghosh v. State of West Bengal (MANU/SC/0094/2012) are not exhaustive has laid down several other factors which also govern the grant of bail. |
| CRIMINAL - Delhi Court Grants Bail to Lalu Prasad Yadav in Land for Job Scam Case |
| Wed, 15 Mar 2023 14:42:09 IST |
| Rouse Avenue Court, Delhi has granted bail to Lalu Prasad Yadav, his wife Rabri Devi and daughter Misa Bharti in the alleged "land for job scam" case. |
| CIVIL - BCI Allows Registration of Foreign Lawyers/Law Firms in India |
| Wed, 15 Mar 2023 14:41:57 IST |
| Bar Council of India has notified the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022, permitting foreign lawyers and law firms to practice foreign law in India on reciprocity basis. |
| CIVIL - SC Stays Uttarakhand HC Order Banning Fatwas |
| Wed, 15 Mar 2023 11:19:20 IST |
| Supreme Court has made absolute the interim stay on the Uttarakhand High Court's order that banned religious outfits and statutory panchayats/local panchayats/group of people in the state from issuing 'fatwas' or similar diktats. |
| CIVIL - SC: Facts Relevant for Grant of Relief Gives Rise of Cause of Action |
| Wed, 15 Mar 2023 11:19:09 IST |
| Supreme Court while explaining concept of cause of action under Article 226 of Constitution, has observed that only those facts, which are relevant to the grant of the relief, will give rise to 'cause of action'. |
| CONSUMER - SC to Centre/State: Amend CP Rules on Appointment Process of Commission Members |
| Wed, 15 Mar 2023 11:18:58 IST |
| Supreme Court has directed Centre & States to comply with direction in Secretary, Ministry of Consumer Affairs v. Dr. Mahindra Bhaskar Limaye (MANU/SC/0203/2023) that amendments to Consumer Protection Rules pertaining to appointment process at Consumer Dispute forums must be made on an urgent basis. |
| CIVIL - SC to Trial Courts: Do Not Mention Caste of Parties in Cause Titles |
| Wed, 15 Mar 2023 11:18:46 IST |
| Supreme Court has directed Trial Courts to refrain from continuing practice of adding one's caste next to name in cause titles of judgments. |
| RIGHT TO INFORMATION - Del. HC: No Absolute Bar on Disclosure of Information to Non-Citizens Under RTI Act |
| Wed, 15 Mar 2023 11:18:27 IST |
| Delhi High Court while observing that it would be inherently contradictory to Right to Information (RTI) Act to hold that only citizens are entitled to RTI, has held that RTI ought to be available to citizens & non-citizens depending upon kind of information sought. |
| LABOUR AND INDUSTRIAL - Bom HC: Eviction of Air India Employee Due to Privatization is Not Industrial Dispute |
| Tue, 14 Mar 2023 13:58:17 IST |
| Bombay High Court while observing that right to retain accommodation is governed by stipulations of leave and license agreement and not as a matter of right, has held that eviction of employees due to privatization cannot be termed an Industrial dispute. |
| CRIMINAL - Guj HC Registers Suo Moto PIL on Issue of Use of Minors to Supply Drugs in Ahmedabad |
| Tue, 14 Mar 2023 13:58:05 IST |
| Gujarat High Court has initiated a suo moto PIL regarding the alleged use of minor girls to traffic/push drugs in the city of Ahmedabad, and directed authorities concerned to file an affidavit-in-reply in the matter by March 21. |
| LAND ACQUISITION - HP HC: Sale Deed is Relevant Factor in Determining Compensation |
| Tue, 14 Mar 2023 13:57:54 IST |
| Himachal Pradesh High Court has held that while determining value of the land, both acquisition of land award and the sale are relevant to determine the just and fair value of the land. |
| MINES AND MINERALS - Meg. HC to State: Identify 'Kingpins' of Illegal Coal Mining |
| Tue, 14 Mar 2023 13:57:42 IST |
| Meghalaya High Court while hearing a PIL on menace of Illegal Coal Mining in State, has directed State government to identify kingpins of illegal coal mining and take appropriate legal action in the matter. |
| CIVIL - SC Bench: Only CJI Can Assign Cases |
| Tue, 14 Mar 2023 10:47:50 IST |
| Supreme Court bench comprising Justices BR Gavai & Vikram Nath while expressing disapproval of another bench assigning case to it has stated that if particular bench finds that a matter needs to be placed before another bench, it must direct the matter to be placed before CJI for appropriate order. |
| CIVIL - SC: Killing of Animals for Food is Permissible Under Law |
| Tue, 14 Mar 2023 10:47:39 IST |
| Supreme Court while dismissing a plea seeking to curb the killing of animals for food and to switch over to lab-generated meat, has observed that under Section 11 of Prevention of Cruelty to Animals Act eating of animals for food is permitted. |
| SERVICE - SC: Only 10% Seats in Higher Judiciary Can be Filled via Limited Competitive Examination |
| Tue, 14 Mar 2023 10:47:27 IST |
| Supreme Court has directed Madhya Pradesh High Court to comply with directions of Supreme Court in All India Judges' Association v. UOI (MANU/SC/1120/2010) which directed High Courts to reserve only 10% seats in higher judiciary to be filled up by departmental competitive examination. |
| CIVIL - SC Affirms All. HC's Order for Removal of a mosque from its Premises |
| Tue, 14 Mar 2023 10:47:16 IST |
| Supreme Court has affirmed the Allahabad High Court's 2017 order which directed for the removal of a mosque named "Masjid High Court" from its premises, and also granted permission to petitioners to make representation to State for allotment of alternative land. |
| CRIMINAL - Mad. HC: Appointing DCP as Executive Magistrate is violative of Constitution |
| Tue, 14 Mar 2023 10:47:04 IST |
| Madras High Court has declared two Government Orders which gave Deputy Commissioners powers of Executive Magistrate while dealing with bonds for keeping peace, as unconstitutional and violative of District Police Act. |
| GOODS AND SERVICES TAX - Delhi HC: Can't Deny Applications for ITC Refund on Mere Suspicion |
| Mon, 13 Mar 2023 13:57:53 IST |
| Delhi High Court while directing Department to initiate a refund of Input Tax Credit (ITC) has held that applications for refund of ITC cannot be rejected merely on suspicion and without any cogent material. |
| CRIMINAL - JKL HC: Can't Attach Vicarious Liability of Officials Unless Statute Specifically Provides So |
| Mon, 13 Mar 2023 13:57:41 IST |
| Jammu and Kashmir and Ladakh High Court has observed that when the company is an offender, it is trite position of criminal jurisprudence that no vicarious liability can be attached to officers of the company unless statute specifically provides so. |
| CIVIL - Meghalaya HC to State: Prepare Blueprint to 'Stop Plundering of Natural Resources' |
| Mon, 13 Mar 2023 13:57:30 IST |
| Meghalaya High Court has directed State to prepare a blueprint to maintain condition of roads in State besides working out a stricter set of norms both for checking & control to stop plundering of the natural resources available in the State. |
| EDUCATION - Gauhati HC to State: Take Action Against Schools Not Reserving 25% Seats for Disadvantaged Groups |
| Mon, 13 Mar 2023 13:57:19 IST |
| Gauhati High Court while directing State to implement its policy under Right to Education Act regarding admission benefits to children from weaker section and disadvantaged group in the unaided and non-minority institutions and action to be taken if institutions do not comply with the requirement. |
| CRIMINAL - Delhi HC Stays Proceedings Against DCW Chairperson Swati Maliwal |
| Mon, 13 Mar 2023 10:49:11 IST |
| Delhi High Court while staying proceedings against Chairperson of Delhi Commission for Women (DCW) Swati Maliwal over corruption allegations has asked if "nepotism" is an offence under Prevention of Corruption Act. |
| SERVICE - JKL HC: Counter-Signing Authority's Denial Won't Lead to Termination Without Enquiry |
| Mon, 13 Mar 2023 10:48:59 IST |
| Jammu and Kashmir and Ladakh High Court has held that when issuing authority verifies the experience certificate, mere denial of counter signature on a certificate in absence of enquiry does not warrant termination of service. |
| CONSTITUTION - Chhattisgarh HC: 100% Reservation for Women is Unconstitutional |
| Mon, 13 Mar 2023 10:48:47 IST |
| Chhattisgarh High Court has declared Note-2 under Schedule-III of Chhattisgarh Medical Education Service Recruitment Rules, 2013 & consequent advertisement made for recruitment to posts of Asst. Professor (Nursing) & Demonstrator wherein 100% of seats were reserved for women, as unconstitutional. |
| CRIMINAL - HP HC: Police Can Seize Property Only if Found Under Circumstances Creating Suspicion of Offence |
| Mon, 13 Mar 2023 10:48:22 IST |
| Himachal Pradesh High Court has observing that Section 102 CrPC empowers Police Officer to seize property on existence of condition that property should have been suspected to have been stolen or which may be found under circumstances which create suspicion of commission of any offence. |
| GOODS AND SERVICES TAX - Orissa HC: Can't Expect GST Return Filing Without Commencement of Business |
| Mon, 13 Mar 2023 10:48:10 IST |
| Orissa High Court while observing that license application should not be rejected only because a GST return has not been filed yet, has held that unless the petitioner is issued a license and is able to commence its business, the question of filing a GST return would not arise. |
| CRIMINAL - Del. Court: Sisodia was Instrumental in Implementation of Excise Policy; Arrest Justified |
| Mon, 13 Mar 2023 10:47:59 IST |
| Rouse Avenue District Court, Delhi has held that Manish Sisodia was instrumental in formulation and implementation of Delhi excise policy for 2021-22 and that his arrest by Enforcement Directorate in the money laundering case registered was justified. |
| CRIMINAL - Delhi HC: Court's Hand Tied Till Law is Amended to Deal With Cases of Teenage Relationships |
| Fri, 10 Mar 2023 14:10:06 IST |
| Delhi High Court while framing charges under POCSO, despite victim stating that she had consensual relationship with accused, has stated that though it is desirable that cases of teenage relationship are dealt with on different footing, Court's hands are tied till law is amended by parliament. |
| LAW OF MEDICINE - Delhi HC: Hold Meeting on Clinical Trials for Developing Indigenous Therapies for Rare Diseases |
| Fri, 10 Mar 2023 14:09:55 IST |
| Delhi High Court has directed National Consortium for rare diseases to hold a meeting on clinical trials for developing indigenous therapies for Duchenne Muscular Dystrophy (DMD) and Gaucher with DART or Hanugen Therapeutics Private Limited. |
| CRIMINAL - Kar HC: In Rape Cases Over False Promise to Marry, Length of Relationship is an Important Factor |
| Fri, 10 Mar 2023 14:09:44 IST |
| Karnataka High Court while quashing rape charges over false promise to marry after 5 yrs of relationship has observed that length of relationship & acts b/w two in such a period takes away rigor of ingredients of S.375 IPC as it can't be said consent for such long period was taken against her will. |
| CRIMINAL - Gujarat HC: Father Removing Child from Mother's Custody Not Kidnapping |
| Fri, 10 Mar 2023 14:09:32 IST |
| Gujarat High Court while observing that father of a child is natural and lawful guardian, has held that removal by him of his son from his mother is not an offence of kidnapping under Section 361 of IPC. |
| CIVIL - Orissa HC to State: Provide More Ambulances to Jails |
| Fri, 10 Mar 2023 14:09:19 IST |
| Orissa High Court while giving directions for improving the conditions of jails across the State has directed State government to ensure that at least 10 more ambulances are provided to the Prisons Department for use in the jails and sub-jails. |
| BANKING - Bom. HC: Company's Authorized Signatory Not Liable to Pay Interim Compensation U/S 143A of NI Act |
| Fri, 10 Mar 2023 10:07:52 IST |
| Bombay High Court while observing that signatory of the cheque, authorized by the "Company", is not the drawer in terms of Section 143A of Negotiable Instruments (NI) Act, has held that he cannot be directed to pay interim compensation under Section 143A. |
| CONSTITUTION - HP HC: No Separate Reservation for All Sections of Society |
| Fri, 10 Mar 2023 10:07:41 IST |
| Himachal Pradesh High Court while adjudicating upon the meaning and scope of 'General Category' has observed that General Category' means 'all' and 'reservation for all' makes no sense. Thus appropriate meaning of 'General Category' is open for all. |
| ARBITRATION - Kerala HC: District Court Has Jurisdiction to Execute Arbitral Award |
| Fri, 10 Mar 2023 10:07:30 IST |
| Kerala High Court while evaluating the scheme of Commercial Courts Act, 2015 has held that District Court has the jurisdiction to execute an arbitral award and the commercial court has not been conferred such jurisdiction under the Act. |
| CONSTITUTION - SC: Petition U/A 32 of Constitution to Challenge Binding Judgment is Not Maintainable |
| Thu, 09 Mar 2023 13:53:42 IST |
| Supreme Court has held that a petition under Article 32 of the Constitution cannot be maintained in order to challenge a binding judgment of this Court. |
| GOODS AND SERVICES TAX - Mad HC: Personal Hearing Must be Granted in All Matters Prior to Finalisation of Assessment |
| Thu, 09 Mar 2023 13:53:32 IST |
| Madras High Court has held that personal hearings shall be granted in all matters prior to the finalization of assessments, except where the stand of the assessee is intended to be accepted by the department. |
| CRIMINAL - Ker HC: Apply Caution While Considering Bail in POCSO Case Against Parent Litigating Child's Custody |
| Thu, 09 Mar 2023 13:53:20 IST |
| Kerala High Court while allowing bail to father accused of sexually assaulting minor son has observed that Courts must exercise caution while considering bail in POCSO cases that involve allegations of child abuse by parent especially when there is litigation between parents over custody of child. |
| SERVICE - HP HC: Conviction Can't Entail Automatic Removal of Convicted Employee |
| Thu, 09 Mar 2023 10:16:52 IST |
| Himachal Pradesh High Court has held that as per Article 311 of Constitution and Rule 19(i) of CCS Rules 1965, employee can be dismissed without any enquiry upon his conviction, but it can't be construed that every such conviction shall be followed by an automatic removal of convicted employee. |
| ENVIRONMENT - Kerala HC: Collector Should Oversee Implementation of Solid Waste Management Rules |
| Thu, 09 Mar 2023 10:16:40 IST |
| Kerala High Court while hearing suo motu proceedings initiated in light of fire at Brahmapuram Solid Waste Management Plant, has observed that whatever is being done for implementing Solid Waste Management and Handling Rules, 2016, shall be strictly under intimation of District Collector. |
| CONTEMPT OF COURT - Ker. HC to Registry: Preserve Recording of Proceedings Leading to Contempt Case Against Lawyer |
| Thu, 09 Mar 2023 10:16:28 IST |
| Kerala High Court has directed Registry to preserve audio-video recordings of proceedings which took place in court of Justice Mary Joseph on February 9, when a lawyer had indulged in alleged misbehaviour resulting in initiation of suo motu contempt proceedings against him. |
| CIVIL - SC Upholds 'Change In Law' Compensation for Adani Power |
| Tue, 07 Mar 2023 12:45:02 IST |
| Supreme Court while criticizing State Distribution Companies for taking a stand contrary to that of the Union regarding grant of "Change in Law" compensation to power production companies has upheld 'Change in Law' Compensation for Adani Power. |
| CRIMINAL - SC: Mere Intimidation to Silence Kidnapped Child Not Sufficient to Prove Threat to Life |
| Tue, 07 Mar 2023 12:44:47 IST |
| Supreme Court has held that intimidation of the kidnapped child victim, for the purpose of making him silent, cannot be enough to suffice the ingredient under Section 364A IPC that threat resulting in giving rise to reasonable apprehension that such person may be put to death or hurt. |
| SERVICE - SC: Order of Compulsory Retirement Can be Set Aside if Found to be Punitive |
| Tue, 07 Mar 2023 12:44:34 IST |
| Supreme Court has observed that order of compulsory retirement can be set aside if it is punitive in nature and was passed to circumvent the pending disciplinary proceedings against the Officer, to ensure his immediate removal. |
| CRIMINAL - JKL HC: Proposal for Live-In to See How Relationship Works Out Not False Promise to Marry |
| Tue, 07 Mar 2023 12:44:22 IST |
| Jammu and Kashmir and Ladakh High Court has observed that proposal of have live-in relationship to ascertain as to how relationship will work out, show that there was no promise of marriage at the time of initiation of their relationship. |
| CONTEMPT OF COURT - SC: Courts Shouldn't Summon Appearance of Officials at The Drop of The Hat |
| Tue, 07 Mar 2023 10:25:30 IST |
| Supreme Court while observing that it is open to the High court to come to any conclusion on the basis of the pleadings and materials available on record, has stated that it is not open to the Court to summon the appearance of the officials at the drop of the hat while hearing contempt cases. |
| MEDIA AND COMMUNICATION - Del. HC: Language of Web Series 'College Romance' Doesn't Pass Community Test of Common Man |
| Tue, 07 Mar 2023 10:25:16 IST |
| Delhi High Court while observing that language used in web series "College Romance" doesn't pass community test of common man and transgresses into area of obscenity has stated that use of vulgar language in social media platforms open to children of tender age needs to be taken seriously. |
| SERVICE - Delhi HC to State: Undertake Recruitment Drives to Fill PwD Vacancies |
| Tue, 07 Mar 2023 10:25:04 IST |
| Delhi High Court has directed Chief Secretary of the Delhi Government to undertake special recruitment drive for filling up backlog of vacancies for persons with disabilities (PwDs) in various departments or establishments. |
| GOODS AND SERVICES TAX - Cal. HC: Transporting Goods Without Proper E-Way Bill is Breach |
| Tue, 07 Mar 2023 10:24:52 IST |
| Calcutta High Court while observing that transporting of goods in a vehicle without proper E-way bill is a statutory breach, has held that there is no requirement in law to verify the reason for such breach and is liable to be dealt with in accordance with the statute. |
| CRIMINAL - Ker. HC: Virtually Examining Witness During Trial Doesn't Affect Rights of Accused |
| Tue, 07 Mar 2023 10:24:42 IST |
| Kerala High Court has held that examination of a witness during trial through video linkage mode would not affect the rights of the accused. |
| CIVIL - JKL HC: Cause of Action Not Generated Merely by Repeated Representation |
| Tue, 07 Mar 2023 10:24:32 IST |
| Jammu and Kashmir and Ladakh High Court has held that Cause of Action can't be generated merely by making repeated representations to the concerned authorities as every fact is required to be proved in order to support the right being claimed before the court. |
| CRIMINAL - Gau. HC: Seized Articles Not Produced Before Court Can be Released Even if Investigation Pending |
| Tue, 07 Mar 2023 10:24:20 IST |
| Gauhati High Court has held that criminal court has power under Section 457 CrPC to release seized articles even at the stage of investigation, if such articles are not produced before the Court. |
| ENVIRONMENT - SC Extends Jurisdiction of Committee to Oversee Transfer/Import of Wild Animals in India |
| Mon, 06 Mar 2023 13:51:48 IST |
| Supreme Court has extended jurisdiction and scope of High Powered Committee to oversee transfer/import of wild animals in India as constituted by High Court of Tripura, with modification that Chief Wild Life Warden of State to which issue relates will be the co-opted as Members of Committee. |
| CIVIL - JKL HC: Creation of Special Authority No Reason to Condone Delay |
| Mon, 06 Mar 2023 13:51:36 IST |
| Jammu and Kashmir and Ladakh High Court has observed that creation of an Authority under special legislation cannot be a reason to condone delay and it is the applicant who is obliged to explain delay and not Authority or Court, to make out a case for condonation of delay. |
| CIVIL - HP HC: Revenue Officer has Discretion to Convert Itself to Civil Court to Decide Plea of Possession |
| Mon, 06 Mar 2023 13:51:25 IST |
| Himachal Pradesh High Court while observing that while adjudicating the plea of adverse possession revenue officer has discretion, either to convert itself as a Civil Court or to decide it otherwise but the discretion so vested is judicial discretion and can't be exercised capriciously. |
| CIVIL - Gau. HC: Res Judicata Not Attracted if Previous Order of Foreigners Tribunal is Unreasoned |
| Mon, 06 Mar 2023 13:51:13 IST |
| Gauhati High Court has held that principle of res judicata will not apply to subsequent proceeding before Foreigners Tribunal to determine whether a person is foreigner or not, if previous order of Tribunal had not given any reason as to why the person is not a foreigner. |
| CIVIL - SC: Schools Can't be Without Playgrounds |
| Mon, 06 Mar 2023 11:28:48 IST |
| Supreme Court while disapproving an order passed by Punjab & Haryana High Court which permitted regularization of encroachments near school, observed that schools can't be without playground and ordered removal of encroachments at a place reserved for playground for a school in Haryana. |
| ENVIRONMENT - SC to Centre: Ascertain Number of Tiger Deaths in Recent Past |
| Mon, 06 Mar 2023 11:28:36 IST |
| Supreme Court while hearing petition seeking to relocate human settlements for reserve forests so as to save tiger population, has directed Centre to ascertain the number of deaths of tigers in the country in the recent past. |
| CRIMINAL - SC Sets Aside Death Sentence of Person Convicted for Rape-Murder Found to be Juvenile |
| Mon, 06 Mar 2023 11:28:24 IST |
| Supreme Court has set aside death sentence imposed on a convict for rape and murder of a minor girl after he was found to be juvenile at time of offence. Court observed that appellant is held to be less than 16 years, and therefore, maximum punishment that could be awarded is upto 3 years. |
| CRIMINAL - SC: Mere Breach of Contract Not Basis to Initiate Criminal Case for Cheating |
| Mon, 06 Mar 2023 11:28:11 IST |
| Supreme Court while observing that criminal Courts are not meant to be used for settling scores or pressurize parties to settle civil disputes, has held that mere allegation of failure to keep up promise will not be enough to initiate criminal proceedings. |
| CRIMINAL - SC: Can't Acquit Accused Merely for Non-Appearance of Complainant Who is Already Examined |
| Mon, 06 Mar 2023 11:27:58 IST |
| Supreme Court has held that in cases where the complainant has already been examined, it is not fit to acquit the accused merely on non-appearance of the complainant. |
| CIVIL - Madras HC: Can't Reduce Legal Professional to a Contract Worker |
| Mon, 06 Mar 2023 11:27:44 IST |
| Madras High Court while criticizing State for its Orders determining ceiling limit of fees payable to advocates appearing on behalf of Government, observed that such order gives an impression that the Government has reduced a legal professional wedded to the nuances of law to a contract worker. |
| CRIMINAL - Madras HC Issues Guidelines for Extending Limitation Period in Criminal Cases |
| Mon, 06 Mar 2023 11:27:32 IST |
| Madras High Court while criticizing the prosecution for failure to file application for extension of limitation while dealing with FIR related to sexual harassment charges, has laid down certain guidelines with respect to extension of limitation in such cases. |
| EDUCATION - Karnataka HC Upholds NEET for UG Homeopathy Courses |
| Mon, 06 Mar 2023 11:27:21 IST |
| Karnataka High Court has upheld that Constitutional validity of provision of National Commission for Homeopathy Act, 2020, which provides for a Uniform National Eligibility cum Entrance Test (NEET) for admission to undergraduate Homoeopathy courses in all institutions governed under the Act. |
| MINES AND MINERALS - JKL HC: Standing Order Issued by State for Regulation of Stone Crushing Units is a Valid Legislation |
| Mon, 06 Mar 2023 11:27:08 IST |
| Jammu and Kashmir and Ladakh High Court while observing that Standing Order issued by J&K Government in 2021 for regulation of the stone crushing units in the UT as a valid piece of legislation, stated that said order liberalized the establishment of stone crusher units. |
| SERVICE - HP HC: Can't Deny Pay Parity of Veterinarians With Medicos Just Because They Deal With Animals |
| Mon, 06 Mar 2023 11:26:54 IST |
| Himachal Pradesh High Court has held that State cannot deny grant of 4-tier pay scale to Veterinary Officers on ground that they are dealing with animals and doctors serving in Health and Family Welfare Department are dealing with humans. |
| SERVICE - Ker. HC: Certificate Issued by Hindi Prachar Sabha Can be Treated as Collegiate Training |
| Mon, 06 Mar 2023 11:26:42 IST |
| Kerala High Court has held that Acharya certificate issued by Kerala Hindi Prachar Sabha can be treated as a collegiate training such as B.T, L.T or B.Ed as provided under Rule 44A of Chapter XIV(A) of Kerala Education Rules. |
| CRIMINAL - Ker. HC: Registration of Subsequent Case Doesn't Automatically Cancel Bail in Earlier Case |
| Mon, 06 Mar 2023 11:26:28 IST |
| Kerala High Court while observing that bail once granted can't be cancelled on mere asking but that must be cogent circumstances existing to cancel the bail, has held that mere registration of a subsequent crime against the accused by itself cannot result in an automatic cancellation of bail. |
| CIVIL - Ker HC: Prohibition of Liquor Around Areas of Religious Festivals May Reduce Instances of Violence |
| Mon, 06 Mar 2023 11:26:17 IST |
| Kerala High Court while observing that although licensees make substantial investments to carry on liquor vending, disruption of sales for few days especially with object of maintaining peace, for public good and public order relegates commercial considerations to the back seat. |
| CRIMINAL - Meg. HC: Application U/S 12 DV Act Not a Complaint |
| Mon, 06 Mar 2023 11:26:04 IST |
| Meghalaya High Court while observing that application under Section 12 of Domestic Violence Act is not a complaint, has held that procedure and proceedings prescribed under Section 200-204 CrPC cannot be pursued by the parties or by the Magistrate. |
| SERVICE TAX - CESTAT: No Service Tax on Services of Advertisements in Print Media |
| Mon, 06 Mar 2023 11:25:50 IST |
| Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Delhi bench has held that service tax is not applicable to the service of advertisement in print media. |
| CONSUMER - SC Upholds Bom HC Order Quashing Rules Prescribing Eligiblity for Consumer Commission Appointments |
| Fri, 03 Mar 2023 13:53:01 IST |
| Supreme Court while upholding Bombay High Court decision to quash provisions of Consumer Protection Rules 2020 prescribing eligibility for Consumer Commission Appointments has held that persons having Bachelor's degree and experience of at least 10 years should be eligible for appointment. |
| CIVIL - Del. HC to State: Prepare SOP for SDMs on How to Give Effect to Orders on Recovery & Eviction |
| Fri, 03 Mar 2023 13:52:48 IST |
| Delhi High Court while observing that various orders for enforcement of possession and recovery which are to be given effect to by concerned SDM are not dealt with expeditiously, has directed State to prepare SOP for all SDMs on how to give effects to judicial orders of eviction and recovery. |
| CONSTITUTION - Delhi HC: Denying Admission Under EWS/DG Category Despite Allotment by DoE Violates Article 21A |
| Fri, 03 Mar 2023 13:52:34 IST |
| Delhi High Court has held that denial of admission by school under EWS/DG category even after allotment of school by Directorate of Education (DOE), frustrates objective of RTE Act, 2009, and also violates fundamental rights of children as enshrined under Article 21-A of the Constitution. |
| CIVIL - Kerala HC: State Can't Deny Responsibility in Guise of Limitation Period |
| Fri, 03 Mar 2023 13:52:22 IST |
| Kerala High Court while observing that when a citizen is engaged by Government to carry out activities, it had duty to reward person as per the contract even without asking for it, has held that state can't avoid its obligation to compensate for dues owed by invoking ground of limitation. |
| CRIMINAL - SC: HCs' Must Maintain 'Hands Off' Approach at Investigation Stage in Corruption Cases |
| Fri, 03 Mar 2023 11:02:24 IST |
| Supreme Court has observed that it would be desirable if high courts maintain a hands-off approach and not quash a FIR pertaining to corruption cases, especially at stage of investigation, even though certain elements of strong-arm tactics of ruling dispensation might be discernible. |
| CIVIL - Delhi HC to NCLT: Upload Orders in Expeditious Manner |
| Fri, 03 Mar 2023 11:02:12 IST |
| Delhi High Court while considering nature of orders passed by tribunal, especially those by which moratorium is declared and IRPs are appointed, has directed National Company Law Tribunal (NCLT) to upload its orders in an expeditious manner without delay. |
| INSURANCE - Bombay HC: Newborn Baby Includes Pre-Mature Baby |
| Fri, 03 Mar 2023 11:02:01 IST |
| Bombay High Court while observing that newborn baby would include a pre-mature baby and insurer would be liable to pay for all expenses related to infant's care, has directed Insurer to pay Rs. 11 lakh along with interest for medical expenses incurred by mother after birth of her pre-mature twins. |
| CIVIL - JKL HC Invokes Absolute Liability, Grants Compensation to Mother of Deceased in Electrocution Case |
| Fri, 03 Mar 2023 11:01:50 IST |
| Jammu & Kashmir & Ladakh High Court while invoking Absolute Liability to grant compensation to mother of 13 year old who died due to electrocution, observed that on account of hazardous nature of enterprise, liability is fastened on defaulter even when due and necessary care has been taken. |
| CRIMINAL - Kar. HC: S.33(5) POCSO Doesn't Imply Accused Won't be Given Opportunity of Cross Examination |
| Fri, 03 Mar 2023 11:01:39 IST |
| Karnataka High Court while observing that as per Section 33 of POCSO Act, victim shall not be called frequently for cross examination by the Court, has held that it doesn't mean there shall not be any opportunity given to the accused for the purpose of cross-examination of the prosecution witness. |
| DIRECT TAXATION - MP HC: Alternative Remedy Not Absolute Bar to Examine Conditions to Issue Reassessment Notice |
| Fri, 03 Mar 2023 11:01:26 IST |
| Madhya Pradesh High Court while staying the reassessment proceedings and admitting them for final hearing, has held that alternative remedy will not operate as an absolute bar for entertaining the writ petition as the jurisdictional issue goes to the root of the matter. |
| CRIMINAL - Ker. HC: Absence of TI Parade Doesn't Vitiate Identification of Accused in Court |
| Fri, 03 Mar 2023 11:01:14 IST |
| Kerala High Court has held that if ocular evidence and identification of accused by witnesses in court are impressive, nothing restricts court from relying upon said identification, as even in absence of test identification (TI) parade, recognizing accused in court is substantive evidence. |
| CRIMINAL - HP HC: Offences for Cheque Dishonor Can be Compounded after Conviction |
| Fri, 03 Mar 2023 11:01:01 IST |
| Himachal Pradesh High Court has held that Courts under Section 147 of Negotiable Instrument Act are empowered to proceed to compound an offence, even in cases where accused stands convicted. |
| CRIMINAL - UP Court Sentences Sandeep Sisodia to Life Imprisonment in Hathras Case |
| Fri, 03 Mar 2023 11:00:50 IST |
| UP Court, Hathras has sentenced Sandeep Sisodia to life imprisonment for Gang Rape and Murder case concerning a 19 year old Dalit Girl. Accused was convicted for offences of Culpable Homicide not amounting to Murder under Section 304 IPC and for offences under SC-ST Act. |
| DIRECT TAXATION - CBDT: IBBI Eligible for IT Exemption on Grant in Aid, Fine, Fee, Interest Income |
| Fri, 03 Mar 2023 11:00:38 IST |
| Central Board of Direct Taxes (CBDT) has notified that the Insolvency and Bankruptcy Board of India (IBBI) shall be eligible for the income tax exemption under clause (46) of section 10 of Income-tax Act, 1961. |
| CAPITAL MARKET - SC Directs SEBI to Conclude Investigation in Adani-Hindenburg Case in 2 Months |
| Thu, 02 Mar 2023 13:59:00 IST |
| Supreme Court while directing SEBI to complete the investigation of the Adani-Hindenburg issue within a period of two months, has also constituted an expert committee to review the regulatory mechanism in the light of Adani-Hindenburg issue. |
| ELECTION - SC: Election Comm'r to be Appointed on Advice of Committee Consisting of PM, Opposition Leader & CJI |
| Thu, 02 Mar 2023 13:58:48 IST |
| Supreme Court Constitution Bench has held that Election Commissioners will be appointed by President on advice of a Committee consisting of Prime Minister, Leader of Opposition in Lok Sabha & CJI. |
| CRIMINAL - Del. HC: Must Exercise Caution While Passing Strictures Against Investigating Authorities |
| Thu, 02 Mar 2023 13:58:35 IST |
| Delhi High Court has held that judges must exercise more control and caution while passing strictures against investigating authorities and police officers on their professional capabilities since it may impair a person's confidence and have a negative impact on work and reputation. |
| CIVIL - Guj. HC: Unless Specific Area of Encroachment Mentioned, Can't Entertain Plea for Demolition |
| Thu, 02 Mar 2023 13:58:23 IST |
| Gujarat High Court while dismissing plea seeking demolition of alleged illegal encroachment in Gujarat Housing Board in Chandkheda area of Ahmedabad has held that unless petition specifies particular illegal encroachment, the Court would not be in a position to issue any direction. |
| CRIMINAL - Chhattisgarh HC: Can't Assume Accused Sexually Exploited Victim Because She Belongs to ST Community |
| Thu, 02 Mar 2023 13:58:10 IST |
| Chhattisgarh High Court has held that merely because victim belongs to Scheduled Tribe (ST) community, it cannot be assumed that accused was able to dominate her will to exploit her sexually. |
| CRIMINAL - SC: Court Must Sparingly Use Power to Transfer Cases to CBI |
| Thu, 02 Mar 2023 10:56:38 IST |
| Supreme Court has observed that power to transfer cases must be used sparingly where Court on appreciating facts and circumstance arrives at conclusion that there is no other option of securing fair trial without the investigation by CBI or other specialized agency. |
| SERVICE - SC: Mere Acquittal in Criminal Case Doesn't Entitle Employee to Reinstatement |
| Thu, 02 Mar 2023 10:56:25 IST |
| Supreme Court while observing that merely because a person is acquitted or discharged, it cannot obviously be inferred that he was falsely involved, or he had no criminal antecedents, has held that mere acquittal does not entitle an employee to the reinstatement in service. |
| CIVIL - Delhi HC to Police: Ensure Compliance of SC Order on CCTV Cameras in Police Stations |
| Thu, 02 Mar 2023 10:56:13 IST |
| Delhi High Court has directed Delhi Police work expeditiously to ensure compliance of directions of the Supreme Court on Cameras in Police Stations. |
| CRIMINAL - Delhi HC Allows Extradition of German National Accused of Sexual Abuse |
| Thu, 02 Mar 2023 10:55:57 IST |
| Delhi High Court has upheld the order of Trial Court allowing the extradition of a German national, who is accused of sexually abusing children. |
| SERVICE - Kerala HC: Pension Liability for Services Rendered in NEFA Prior to it Becoming A.P is on Centre |
| Thu, 02 Mar 2023 10:55:43 IST |
| Kerala High Court has held that family pension liability of person died while being deployed in North-Eastern Frontier Agency (NEFA), now Arunachal Pradesh (A.P) would be upon Central Government and not State of Arunachal Pradesh. |
| LAW OF EVIDENCE - SC: Mere Commission of Suicide Itself Not Sufficient to Raise Presumption U/S 113A Evidence Act |
| Wed, 01 Mar 2023 14:08:37 IST |
| Supreme Court has held that mere fact of commission of suicide by itself would not be sufficient for the court to raise the presumption under Section 113A of the Evidence Act, and to hold the accused guilty of Section 306 IPC. |
| SERVICE - Or. HC: Horizontal Quota for Particular Social Category Can't be Filed by Person of Other Category |
| Wed, 01 Mar 2023 14:08:25 IST |
| Orissa High Court has held that principle of mobility as applicable in case of social (vertical) reservations are not applicable to special (horizontal) reservation, which implies that the special reservations like women etc. have to be confined to their respective social categories. |
| CIVIL - SC: S.24 CPC Power can be Invoked by Common HC for Inter-State Transfer of Suits |
| Wed, 01 Mar 2023 10:51:03 IST |
| Supreme Court has held that power under section 24 of CPC can be exercised by High Court even for inter-State transfer of a suit if it is common High Court for two or more States under Article 231 of Constitution and both Civil Courts are subordinate to it. |
| CIVIL - SC: Continue Practice of Having 1/3rd High Court Judges from District Courts |
| Wed, 01 Mar 2023 10:50:50 IST |
| Supreme Court has observed that he present ratio of 1:3 between the judges who are elevated from District Judiciary to the High Courts from the service cadre and those who are elevated from the Bar needs to be maintained. |
| CONSTITUTION - SC Criticizes Punjab CM and Governor Over Delay in Summoning of Budget Session |
| Wed, 01 Mar 2023 10:50:35 IST |
| Supreme Court while criticizing both Chief Minister of Punjab and Governor for the dereliction stating that constitutional dialogue between functionaries should be done with matured statesmanship. |
| CIVIL - SC: Appellate Court Can't Remand Suit for De Novo Trial Only Because Evidence Not Adduced |
| Wed, 01 Mar 2023 10:50:24 IST |
| Supreme Court has held that merely because particular evidence which ought to have been adduced but had not been adduced, the Appellate Court cannot adopt the soft course of remanding the matter for De Novo Trial. |
| CIVIL - SC: Provide Highest Z+ Security to Ambani & Family Throughout Indian and Abroad |
| Wed, 01 Mar 2023 10:50:12 IST |
| Supreme Court has directed Maharashtra Government and Ministry of Home Affairs to ensure Highest Z+ Security Cover provided to Mukesh Ambani and his family across India and also when they are traveling abroad; the cost of the same to be borne by Ambanis'. |
| ARBITRATION - HP HC: Person Ineligible to Act as Arbitrator Can't Appoint Another Arbitrator for Deciding Dispute |
| Wed, 01 Mar 2023 10:50:00 IST |
| Himachal Pradesh High Court has held that any appointment of other person as arbitrator by person who is himself ineligible to act as an Arbitrator for determining the dispute arising under the arbitration agreement is void ab initio, and the proceedings so conducted will be non est. |
| MEDIA AND COMMUNICATION - NBDSA Holds News18 India & Zee News Guilty for Communally Charged Programs |
| Wed, 01 Mar 2023 10:49:47 IST |
| News Broadcasting & Digital Standards Authority (NBDSA) has found news channels News18India and Zee News guilty of airing communally charged programs, for targeting particular community & selectively sharing statistics, and wrongfully reporting news related to pro-Pakistan slogans respectively. |
| CRIMINAL - SC: Courts Shouldn't Impose Onerous Conditions on Complainants Under DV Act |
| Tue, 28 Feb 2023 13:54:28 IST |
| Supreme Court while setting aside condition imposed by Delhi High Court that victim of domestic violence can lead evidence subject to payment of Rs. 20000 per witness, has held that it's not open for Courts to place such onerous conditions. |
| ADMINISTRATIVE - Bombay HC: Can't Disqualify Sarpanch for Holding Consecutive Meetings |
| Tue, 28 Feb 2023 13:54:15 IST |
| Bombay High Court has held that Sarpanch can't be disqualified for holding consecutive meetings as it doesn't amount to any statutory violation because Maharashtra Village Panchayat Act, 1958 does not provide for holding Gram Sabha meetings in a particular way. |
| CRIMINAL - Kerala HC: Granting Anticipatory Bail in Cases of Attack on Doctors Can Create Dangerous Situation |
| Tue, 28 Feb 2023 13:54:01 IST |
| Kerala High Court while refusing to grant anticipatory bail to person, who attacked his wife's doctor, has observed that granting bail in such cases would lead to dangerous situation whereby doctors would not get proper protection affecting maintenance of health of the public. |
| CONTEMPT OF COURT - SC Recalls Order Holding BJP Guilty of Contempt for Not Disclosing Criminal Antecedent of Candidates |
| Tue, 28 Feb 2023 10:06:40 IST |
| Supreme Court while recalling its 2021 order which held BJP guilty of contempt for flouting directions regarding public disclosure of criminal antecedents of electoral candidates during Bihar assembly polls in 2020, noted that there was no willful or deliberate disobedience of the court order. |
| DEFENCE - SC Warns Centre of Contempt for Extending OROP Pension Arrears Deadline |
| Tue, 28 Feb 2023 10:06:26 IST |
| Supreme Court while expressing displeasure at actions of Ministry of Defence of unilaterally extending deadline for payment of pension to retired armed forces personnel under One Rank One Pension Scheme (OROP) warned Ministry of contempt lest it withdrew the communication extending the deadline. |
| CIVIL - Del HC to Centre: Take Decision on Attaching DMRC's Assets for Payment of Dues to Reliance Infra |
| Tue, 28 Feb 2023 10:06:08 IST |
| Delhi High Court has directed Central government to take a decision whether it proposes to grant sanction for attachment of the movable and immovable assets of DMRC for satisfaction of the amounts payable under 2017 arbitral award to Reliance Infrastructure. |
| SERVICE - SC Upholds Termination of Judicial Officer Who Suppressed Criminal Case in Application Form |
| Mon, 27 Feb 2023 14:01:01 IST |
| Supreme Court while upholding termination of services of a judicial officer for suppressing the pendency of a criminal case at the time of making application has held that subsequent closure of the criminal case is irrelevant. |
| ADMINISTRATIVE - Bom. HC: Non-Performance of Statutory Duties Won't Automatically Disqualify Sarpanch |
| Mon, 27 Feb 2023 14:00:46 IST |
| Bombay High Court has held that merely because a sarpanch of a village has not performed his statutory duties, he cannot be disqualified from the post. |
| DIRECT TAXATION - All HC: Reassessment Proceedings for AY 2013-14, 2014-15 Initiated After 1 April 2021 Must be Closed |
| Mon, 27 Feb 2023 14:00:34 IST |
| Allahabad High Court while observing that Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 has held that time limit outlined in Section 149(1)(b) of Income-Tax Act (as amended beginning April 1, 2021) can't be extended by department after March 30, 2020. |
| CRIMINAL - SC Stays MPHC Order Asking Trial Court to Provide Reason for Granting Bail |
| Mon, 27 Feb 2023 11:12:29 IST |
| Supreme Court has stayed Madhya Pradesh High Court's order which had directed a trial court judge to provide justification for granting bail to an accused and observed that such orders of the High Court seriously affect the independence of the district judiciary in considering bail applications. |
| CRIMINAL - SC: Mere Framing of Charges No Bar to Order Further Investigation |
| Mon, 27 Feb 2023 11:12:14 IST |
| Supreme Court while observing that victim has a fundamental right of fair investigation and fair trial has held that mere filing of the chargesheet and framing of the charges cannot be an impediment in ordering further investigation/re-investigation/de novo investigation, if the facts so warrant. |
| CRIMINAL - SC: Conditions Under Section 45 of PMLA Applicable to Anticipatory Bail Applications |
| Mon, 27 Feb 2023 11:12:01 IST |
| Supreme Court has held that conditions under Section 45 of Prevention of Money Laundering Act (PMLA) for grant of bail are applicable to anticipatory bail applications under Section 438 of Code of Criminal Procedure also. |
| SERVICE - SC: Communicating ACR to Employee w/o Sufficient Time to Challenge it is Same as Non-Disclosure |
| Mon, 27 Feb 2023 11:11:48 IST |
| Supreme Court has held that failure to accord sufficient time for an employee to challenge assessment of their performance for a particular year in an Annual Confidential Report (ACR) before a departmental promotion committee is convened would be treated as non-disclosure of evaluation report. |
| CRIMINAL - SC: Criminal Case Should be Transferred from One State to Another Only in Exceptional Cases |
| Mon, 27 Feb 2023 11:11:35 IST |
| Supreme Court has observed that transfer of criminal case from one state to another has to be ordered only in exceptional circumstances as such orders might result in an adverse reflection upon the credibility of the State judiciary and prosecution agency. |
| DEFENCE - Delhi HC Dismisses Various Petitions Challenging Agnipath Scheme |
| Mon, 27 Feb 2023 11:11:22 IST |
| Delhi High Court while dismissing various petitions challenging Central Government's Agnipath scheme, has observed that the Scheme was made in national interest and to ensure that armed forces are better equipped, and the Court finds no reason to interfere with the scheme. |
| CONSTITUTION - Cal. HC: Writ of Certiorari Can be Issued Even if Dispute Between Two Private Parties |
| Mon, 27 Feb 2023 11:11:08 IST |
| Calcutta High Court while observing that principle of natural justice demand that parties have sufficient and equal opportunity of representation, has issued writ of certiorari against private entity (Bajaj Housing Finance Limited) on ground that it has violated petitioner's right to a fair hearing. |
| ARBITRATION - Tel. HC: Arbitration Under Section 42 of SEZ Act Would Override Contractual Arbitration Clause |
| Mon, 27 Feb 2023 11:10:54 IST |
| Telangana High Court has held that arbitration under Section 42 of the Special Economic Zones (SEZ) Act, 2005 would override a contractual arbitration clause entered into between the parties. |
| CRIMINAL - Ker. HC: Add. Documents Can be Produced After Prosecution Evidence if Omission Was Bonafide Mistake |
| Mon, 27 Feb 2023 11:10:42 IST |
| Kerala High Court has held that there is no embargo on the production of additional documents during a trial if they are essential for arriving at a proper decision, trial judge can permit such production, based on principles of fair play and good sense. |
| CIVIL - Kerala HC Issues Directions to Address Perils of Pedestrians |
| Mon, 27 Feb 2023 11:10:28 IST |
| Kerala High Court while issuing directions addressing concerns of pedestrians on roads has observed that lives of citizens particularly pedestrians are in peril every moment and this has to change rapidly, lest the next generation will find this City/State to not be capable of being walked upon. |
| CIVIL - SC: Won't Pass Order to Gag Media from Reporting Adani-Hinderburg Issue |
| Fri, 24 Feb 2023 13:55:32 IST |
| Supreme Court while rejecting plea to gag the media from reporting on Adani-Hindenburg issue has stated that Court is not going to issue any injunction ever against the media. |
| CIVIL - SC: Matter of 'Menstrual Leave' Falls in Policy Domain |
| Fri, 24 Feb 2023 13:54:50 IST |
| Supreme Court while refusing to entertain petition seeking menstrual leave for female students and working women across India, has observed that the issue falls with the policy domain and the petitioner may approach the Women and Child Ministry to file a representation. |
| CRIMINAL - JKL HC: Proceeding U/S 12 DV Act Not Bar to Criminal Action Under Section 498A IPC |
| Fri, 24 Feb 2023 13:54:38 IST |
| Jammu and Kashmir and Ladakh High Court has held that merely because proceedings have been initiated by a wife against her husband under Protection of Women from Domestic Violence Act, 2005 (DV Act), no bar can be construed against lodging FIR for cruelty under Section 498A of IPC. |
| MINES AND MINERALS - SC Allows NMDC to Reclaim Half of The Contribution Made to KMERC from 2019 |
| Fri, 24 Feb 2023 10:17:23 IST |
| Supreme Court has passed an interim order allowing central government undertaking National Mineral Development Corporation (NMDC) to reclaim half of the contribution made to Karnataka Mining Environment Restoration Corporation (KMERC) from 2019. |
| SERVICE - SC: Service as Ad-hoc Judge Not Considered for Elevation as High Court Judges |
| Fri, 24 Feb 2023 10:17:10 IST |
| Supreme Court has held that when the appellants were not appointed to any regular posts in the Andhra Pradesh Judicial Service, appellants cannot claim seniority based on their ad hoc appointments to preside over Fast Track Courts. |
| CRIMINAL - SC Upholds Life Sentence of Mother Convicted for Killing Her 5 Year old Child |
| Fri, 24 Feb 2023 10:16:43 IST |
| Supreme Court while observing that they ought not to re-appreciate evidence to examine correctness of finding of fact unless there is manifest illegality or miscarriage of justice on account of ignoring material evidence has upholds life sentence of mother convicted for killing her 5 year old child. |
| CRIMINAL - Del. HC: Important to Prevent Outside Police Undertaking Operations Without Informing Local Police |
| Fri, 24 Feb 2023 10:16:32 IST |
| Delhi High Court has observed that it is necessary to obviate the repetition of episodes of police from outside states coming into Delhi and conducting operations without intimation to the local police. |
| CIVIL - Cal. HC Constitutes Humane Committee for Animal Protection |
| Fri, 24 Feb 2023 10:16:21 IST |
| Calcutta High Court has proposed to form a Humane committee for five districts which shall takes steps for protection and preservation of the animals in the forest and to see that the animals are not killed indiscriminately whether during Hunting Festivals or otherwise. |
| EDUCATION - Ker. HC Pulls State for Non-Inclusion of Prevention-Oriented Programme on Sexual Abuse in Curriculum |
| Fri, 24 Feb 2023 10:16:10 IST |
| Kerala High Court has pulled State for not taking measures to include prevention-oriented programmes on sexual abuse as part of school curriculum. The Court while expressing anguish observed that it is an unpardonable state of affairs, practically amounting to defiling orders of the Court. |
| SERVICE - UC HC: Evict And Collect Penal Rent from Employees Unauthorisedly Occupying Govt Accommodations |
| Fri, 24 Feb 2023 10:16:00 IST |
| Uttarakhand (UC) High Court while ordering eviction of retired/transferred government servants who are in unauthorized occupation of government accommodations, has directed State to calculate and collect penal rents from such employees. |
| CIVIL - Supreme Court Launches Neutral Citations for All Supreme Court Judgments |
| Thu, 23 Feb 2023 13:55:36 IST |
| CJI D.Y. Chandrachud has announced that all 30,000 judgements are going to have neutral citation. First tranch will be till January 1, 2023, then the other tranch will be till judgements from 2014 and then finally we will go back to 1950. So all judgements will now have neutral citations. |
| SERVICE - SC: Different Pay for Similar Post Allowed if There is Reasonable Classification |
| Thu, 23 Feb 2023 13:55:22 IST |
| Supreme Court has held that if classification of posts and determination of pay scale have reasonable nexus with the objective or purpose sought to be achieved, then Pay Commissions may be justified in recommending different pay scales for seemingly similar posts. |
| BANKING - Delhi HC: Arbitrator Can't Set Aside Sale Notice Issued by Secured Creditor Under SARFAESI Act |
| Thu, 23 Feb 2023 13:55:10 IST |
| Delhi High Court has held that matter of a sale notice issued by secured creditor under Section 13(4) of SARFAESI Act is not arbitrable at all, and thus, Arbitrator does not have the option to exercise any discretion under Section 17 of the Arbitration and Conciliation Act, 1996. |
| CIVIL - Delhi HC: Law Interns to Wear White Shirt, Black Pants And Black Tie in Court |
| Thu, 23 Feb 2023 13:54:57 IST |
| Delhi High Court has said that law interns are permitted to enter the Court complexes by wearing a white shirt, black tie and black pants as prescribed by the Bar Council of Delhi. |
| CRIMINAL - Gauhati HC: Non Compliance of Section 41A CrPC Would Entitle Accused to be Granted Bail |
| Thu, 23 Feb 2023 13:54:43 IST |
| Gauhati High Court has held that if police does not comply with the provisions of Section 41A CrPC, the person arrested would be entitled to be released on bail. |
| CRIMINAL - SC Issues Safeguards for Preventing Misuse of Power to Summon Additional Accused U/S 319 CrPC |
| Thu, 23 Feb 2023 10:46:15 IST |
| Supreme Court while hearing appeal challenging Punjab and Haryana High Court order that allowed an application seeking to summon an additional accused, has issued procedural safeguards to prevent frequent misuse of power to summon additional accused under Section 319 of CrPC. |
| EDUCATION - SC: Minority School Can't Claim State Grant for Salary of Employee Retained Beyond Retirement Age |
| Thu, 23 Feb 2023 10:46:03 IST |
| Supreme Court while observing that provisions for grant or non-grant in aid to educational institutions have to be uniformly applied has held that minority school would not be entitled to receive any grant for expenditure incurred for continuing employee beyond superannuation age. |
| CIVIL - Guj. HC Directs Compensation of Rs. 10 Lakh Each to Kin of Deceased in Morbi Bridge Collapse Tragedy |
| Thu, 23 Feb 2023 10:45:52 IST |
| Gujarat High Court has directed M/s Ajanta to pay Rs. 10 lakh each to the next of kin of the deceased/victims, and Rs. 2 lakh each to the injured as interim relief, in Morbi Bridge Collapse Tragedy case. |
| CIVIL - JKL HC: Can't Dismiss Suit if Issue of Jurisdiction is Mixed Question of Fact and Law |
| Thu, 23 Feb 2023 10:45:40 IST |
| Jammu and Kashmir and Ladakh High Court has held that obligation to dismiss a suit at threshold or return a plaint for want of jurisdiction arises only when it is a pure issue of law; issue of jurisdiction, depending on question of fact or mixed question of law and fact, must be decided on merits. |
| SERVICE - JKL HC: Lesions from Tattoo Removal Doesn't Make Candidate Unfit for CAPF |
| Thu, 23 Feb 2023 10:45:29 IST |
| Jammu and Kashmir and Ladakh High Court has held that lesions on the hand and forearm, which does not have any potentiality to interfere with the working of a Constable, cannot be made a ground to declare a candidate unfit for service in CAPF. |
| FAMILY - SC Clarifies: Allowing Adoption in Unmarried Student Abortion Case Not to Supplant CARA Process |
| Wed, 22 Feb 2023 14:08:05 IST |
| Supreme Court has clarified that its order passed in petition filed by an unmarried woman seeking termination of pregnancy wherein Court allowed adoption of the unborn child to couple registered with CARA, was not meant to supplant the regular adoption procedure of CARA. |
| CONSUMER - Del. HC: Bank Customers Have No Way of Contacting Officials Who Send Emails |
| Wed, 22 Feb 2023 14:07:52 IST |
| Delhi High Court while expressing concern over computer generated e-mails sent to customers without mention of contact details of officials under whose instructions, they were sent has observed that there needs to be some accountability of bank officials. |
| CRIMINAL - SC: NI Cases Can be Transferred to Other State by Invoking Section 406 CrPC |
| Wed, 22 Feb 2023 10:40:49 IST |
| Supreme Court has held that notwithstanding non-obstante clause in Section 142(1) of Negotiable Instruments (NI) Act, power of Court to transfer criminal cases under Section 406 CrPC remains intact in relation to offences under Section 138 of NI Act, if it is found expedient for the ends of justice. |
| LAND ACQUISITION - SC: Compensation for Land Acquisition Can't be Different Based on Nature of Ownership |
| Wed, 22 Feb 2023 10:40:37 IST |
| Supreme Court while striking down classification made by Greater NOIDA Authority between Pushtaini and Gair-Pushtaini Landholders for granting compensation upon acquisition, has held that land acquisition compensation can't be different based on nature of ownership. |
| CONTEMPT OF COURT - MPHC Initiates Contempt Case Against Secretary, Bhopal Gas Tragedy Relief & Rehabilitation Dept. |
| Wed, 22 Feb 2023 10:40:24 IST |
| Madhya Pradesh High Court has directed Registry to draw charges of contempt against Secretary of Bhopal Gas Tragedy Relief and Rehabilitation Department, for failure to digitize the records of all the gas victims. |
| TRUSTS AND SOCIETIES - Kerala HC: Active Politicians Can't be Temple Trustees |
| Wed, 22 Feb 2023 10:40:13 IST |
| Kerala High Court has held that a person actively involved in politics, whether or not holding an official post, is not eligible to be appointed as a non-hereditary trustee in temples under the Malabar Devaswom Board. |
| CIVIL - SC to Use AI to Make Live Transcriptions of its Hearings |
| Tue, 21 Feb 2023 13:51:47 IST |
| Supreme Court has launched live transcription service in CJI D.Y. Chandrchud's courtroom on trial basis. The service will use Artificial Intelligence (AI) and technology powered by Natural Language Processing to provide live transcriptions of its hearings. |
| CRIMINAL - Tel. HC Suo Moto Cognizance in Mohammed Khadeer's Custodial Death Case |
| Tue, 21 Feb 2023 13:51:34 IST |
| Telangana High Court has taken suo moto cognizance of custodial death of 35 years old daily wager, Mohammed Khadeer, held by the Police over a chain-snatching case in Medak district. |
| CIVIL - Gauhati HC Imposes Cost on ERO for Referring Ret. Army Officer to Foreigners Tribunal |
| Tue, 21 Feb 2023 13:51:22 IST |
| Gauhati High Court has imposed a cost of Rs. 10,000 on Electoral Registration Officer (ERO) of for referring a retired army personnel who has rendered a service of 38 years, to Foreigners Tribunal for adjudication of his citizenship. |
| LAW OF EVIDENCE - SC: Right Not to Have Legitimacy of Children Questioned Frivolously is Part of Right to Privacy |
| Tue, 21 Feb 2023 10:53:54 IST |
| Supreme Court while observing that DNA tests of children may be directed only if there is prima-facie material to dislodge presumption under Section 112 of Evidence Act has held that children have the right not to have their legitimacy questioned frivolously as it is part of right to privacy. |
| CONTRACT - SC: General Power of Attorney Holder Can Sub-Delegate His Powers in Presence of Specific Clause |
| Tue, 21 Feb 2023 10:53:42 IST |
| Supreme Court has held that though the general power of attorney holder cannot delegate his powers to another person but the same can be delegated when there is a specific clause permitting sub-delegation. |
| ELECTION - SC: False Educational Qualification Claim in Election Affidavit Not Corrupt Practice |
| Tue, 21 Feb 2023 10:53:31 IST |
| Supreme Court while observing that no one votes on the basis of education qualification has held that false information regarding education qualification of an election candidate can't be termed as corrupt practice Representation of People's Act, 1951. |
| SERVICE - SC: Employee Can't Seek Alteration of Date of Birth Towards End of Career |
| Tue, 21 Feb 2023 10:53:18 IST |
| Supreme Court has held that employee cannot request for alternation of date of birth after a long delay and especially towards the end of the career of an employee. |
| CRIMINAL - Del HC: Decision to Limit No. of Visits by Family/Legal Advisors With Prisoners Not Arbitrary |
| Tue, 21 Feb 2023 10:53:05 IST |
| Delhi High Court has held that Delhi Government's decision to restrict the total number of visits by family members, relatives, friends and legal advisers with jail inmates to two times a week, keeping in view the number of Undertrials and prisoners cannot be said to be arbitrary. |
| SERVICE - Kar. HC to MHA: Pay Arrear of Pension to 102 Years Old Freedom Fighter |
| Tue, 21 Feb 2023 10:52:52 IST |
| Karnataka High Court has directed Ministry of Home Affairs to pay arrears of pension to 102 years old Freedom Fighter, which were withheld for a year as he was unable to submit the Life Certificate to the bank. |
| CIVIL - Kerala HC Starts Publishing Judgments in Malayalam |
| Tue, 21 Feb 2023 10:52:39 IST |
| Kerala High Court has commenced publishing of judgments translated to Malayalam language on test basis. Two judgments of Division Bench in WA 1638/2022 and WA 926/2016 have been made available in Malayalam language, on the High Court website. |
| CIVIL - Del HC: Decision to Hold Compensation to Wife of Constable Who Died While on Covid Duty Not Tenable |
| Mon, 20 Feb 2023 13:55:04 IST |
| Delhi High Court has observed that decision taken by Delhi Government to hold compensation of ex-gratia payment of Rs. 1 crore to wife of 28 year old constable Amit Kumar who passed away during the first wave of COVID-19 while performing his duties wife's case is prima facie not tenable. |
| CRIMINAL - Kar. HC: Petition to Quash S. 138 of NI Act Conviction is Not Maintainable Under Section 482 CrPC |
| Mon, 20 Feb 2023 13:54:50 IST |
| Karnataka High Court has said that a petition filed under Section 482 of Criminal Procedure Code (CrPC) seeking to quash conviction handed down to an accused under the Negotiable Instruments Act is not maintainable. |
| CRIMINAL - JKL HC: Can't Proceed With Prosecution Against Partners Without Arraigning Firm as Accused |
| Mon, 20 Feb 2023 13:54:36 IST |
| Jammu and Kashmir and Ladakh High Court has held that existence of Section 66 in the Food Safety and Standard Act 2006 is a clear indicator of the fact that the criminal prosecution cannot proceed against partners without arraigning the firm as an accused. |
| CRIMINAL - SC: Accused Bound to Give Explanation Once Prosecution Establishes 'Last Seen Theory' |
| Mon, 20 Feb 2023 11:27:12 IST |
| Supreme Court has held that once the theory of "last seen together" is established by the prosecution, the accused is expected to offer some explanation as to when and under what circumstances he had parted the company of the deceased. |
| CIVIL - SC Disapproves Uttarakhand HC's Approach of Disposing Matters in Same Format |
| Mon, 20 Feb 2023 11:27:00 IST |
| Supreme Court has disapproved the practice of Uttarakhand High Court of disposing of various criminal writ petitions by passing same-format orders and observed that such approach of the High Court only burdens Supreme court. |
| CRIMINAL - SC: Court's Judgment in Joseph Shine Doesn't Approve of Adultery |
| Mon, 20 Feb 2023 11:26:50 IST |
| Supreme Court has clarified that its 2018 judgment in Joseph Shine striking down Section 497 IPC will not impact court martial proceedings initiated against personnel serving the armed forces for adulterous conduct and stated that it is not as if this Court approved of adultery. |
| CAPITAL MARKET - SC: Can't Start With Presumption of Regulatory Failure |
| Mon, 20 Feb 2023 11:26:39 IST |
| Supreme Court while observing that the Court can't start with a presumption of regulatory failure has stated that it shall pass orders to constitute an expert committee to review the regulatory mechanism in the light of the Adani-Hindenburg issue. |
| ELECTION - SC: Nominated Members of the Municipal Corporation Can't Vote in Election of Mayor |
| Mon, 20 Feb 2023 11:26:28 IST |
| Supreme Court has held that prohibition on nominated members exercising the right to vote in terms of S 3(3)(b)(1) f Delhi Municipal Corporation Act, 1957 shall apply to the first meeting where the mayor and the deputy mayor are to be elected. |
| CONSTITUTION - Del. HC: Prisoners Have Right to Compensation for Work Related Injuries Suffered in Jail |
| Mon, 20 Feb 2023 11:26:18 IST |
| Delhi High Court while issuing guidelines for cases where an inmate or convict sustains work related injuries in prison has observed that justice for inmates who has suffered disability due to injury that is work related in prison has fundamental right to get justice & compensation as per law. |
| GOODS AND SERVICES TAX - Bom. HC: Can't Interpret GST Act to Deny Right to Carry Trade And Commerce by Citizens |
| Mon, 20 Feb 2023 11:26:05 IST |
| Bombay High Court while observing that constitutional guarantee is unconditional and unequivocal and must be enforced regardless of shortcomings in the scheme of GST enactment, has held that GST enactment can't be interpreted so as to deny right to carry on trade & commerce to any citizen. |
| CRIMINAL - Mad HC: Test Sample Becomes Unreliable if Time Limit Prescribed Under Statute is Not Adhered to |
| Mon, 20 Feb 2023 11:25:55 IST |
| Madras High Court has observed that object of prescribing time limit to send sample for analysis and get test results in a prescribed time is to see that no further contamination is occurred in chemical products; unless the mandatory time limits are complied, the test results will be unreliable. |
| CRIMINAL - Del. Court: Mentioning Looks Without Reference to Dress or Body Part is not Sexually Colored Remark |
| Mon, 20 Feb 2023 11:25:44 IST |
| Patiala House Court, Delhi has held that mentioning looks and gait of a person without any specific reference to the dress or any body part of a person would not be considered as sexually colored remark. |
| DIRECT TAXATION - ITAT: IBC Has Overriding Effect on All Acts Including Income Tax Act |
| Mon, 20 Feb 2023 11:25:33 IST |
| Income Tax Appellate Tribunal (ITAT), Delhi Bench has held that Insolvency and Bankruptcy Code (IBC) has an overriding effect on all acts, including the Income Tax Act, as per Section 178(6) of the Income Tax Act. |
| ELECTION - ECI Recognises Eknath Shinde Group as Official Shiv Sena |
| Mon, 20 Feb 2023 11:24:48 IST |
| Election Commission of India has recognised Eknath Shinde group as official Shiv Sena and allowed them to use official Bow & Arrow symbol and Shiv Sena's name. |
| CRIMINAL - SC: If Marriage is Null And Void, Conviction Under Section 498A of IPC is Not Sustainable |
| Fri, 17 Feb 2023 13:55:27 IST |
| Supreme Court has held that conviction under Section 498-A IPC would not be sustainable when the marriage was found to be null and void. |
| SERVICE - Bom. HC: Eligibility of Researcher Determined by Acceptance of Paper Rather Than Actual Publication |
| Fri, 17 Feb 2023 13:55:11 IST |
| Bombay High Court has held that it is only the fitness or worthiness of research paper for its publication, which comes from a decision of its acceptance for publication, which should determine the issue of eligibility of the researcher for a particular post or qualification. |
| SERVICE TAX - CESTAT Allows Cenvat Credit to Delhi Metro Rail Corporation on Consulting Engineer's Services |
| Fri, 17 Feb 2023 13:54:58 IST |
| Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Delhi bench has granted Delhi Metro Rail Corporation a cenvat credit for consulting engineer service. |
| SERVICE TAX - CESTAT: No Service Tax on Take-Away of Food Items |
| Fri, 17 Feb 2023 13:54:47 IST |
| Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Delhi Bench while observing that activity of takeaway of food items would amount to a sale and would not involve any element of service, has held that no service tax can be levied on the activity of takeaway food items. |
| CONSTITUTION - SC: Indian Association for the Cultivation of Science is a State |
| Fri, 17 Feb 2023 10:04:24 IST |
| Supreme Court has held that the Indian Association for the Cultivation of Science (IACS) is a 'State' within the meaning of Article 12 of the Constitution of India. |
| CIVIL - SC Registrar: WhatsApp Not Valid Mode of Service Under Supreme Court Rules |
| Fri, 17 Feb 2023 10:04:14 IST |
| Registrar Court at Supreme Court has stated that service of notice on a party via messaging platform WhatsApp is not valid, as per Supreme Court Rules. |
| FAMILY - Delhi HC: Repeated Use of Derogatory Words Against Husband & His Family Amounts to Cruelty |
| Fri, 17 Feb 2023 10:04:04 IST |
| Delhi High Court while upholding dissolution of a couple's marriage on ground of cruelty, has observed that repeated use of derogatory words by the wife against husband and his family of such magnitude and impact as would have caused mental suffering clearly amounts to cruelty. |
| RIGHT TO INFORMATION - Kar. HC: PIOs' Not Supposed to Create Information |
| Fri, 17 Feb 2023 10:03:54 IST |
| Karnataka High Court has held that under Right to Information Act only such information that is available and existing and held by the public authority can be provided and remarked that Public Information Officer is not supposed to create information that is not a part of record. |
| INSURANCE - SC to IRDAI: Consider if Personal Accident Cover Can Include Persons Other Than Owner |
| Thu, 16 Feb 2023 14:15:31 IST |
| Supreme Court has directed Insurance Regulatory Development Authority of India (IRDAI) to consider if claims by family members, friends, or such persons other than the registered owner could be beneficiaries of personal accident cover. |
| CIVIL - Ker. HC: Police Can't Insist on Politically Neutral Colour Temple Decorations for Festivals |
| Thu, 16 Feb 2023 14:15:21 IST |
| Kerala High Court while observing that politics has no role to play in the conduct of daily worship and ceremonies and festivals in temples, has observed that Police could not insist that only 'politically neutral' coloured decorative materials be used for temple festivals. |
| CIVIL - Meg. HC to State: Devise Schemes to Wean Out People Indulging in Rat-Hole Mining |
| Thu, 16 Feb 2023 14:15:12 IST |
| Meghalaya High Court has suggested State to devise schemes to provide alternative livelihood to the people who have taken to dangerous mining methods for want of opportunities, as a mechanism to wean out people indulging in rat hole mining in the hilly state. |
| CIVIL - SC: Remand Order Prolongs And Delays Litigation |
| Thu, 16 Feb 2023 11:00:15 IST |
| Supreme Court while setting aside a High Court order remanding case to trial court has observed that an order of remand prolongs and delays litigation and hence, shouldn't be passed unless appellate court finds that re-trial is required or evidence on record is not sufficient to dispose of matter. |
| CRIMINAL - SC: Quality And Not Quantity of Witness Matters |
| Thu, 16 Feb 2023 11:00:05 IST |
| Supreme Court while affirming conviction and sentence of four persons in murder case based on solitary eyewitness testimony has observed that it is not the quantity of the witnesses but the quality of witnesses which matters. |
| CIVIL - SC: Provision of Review Not to Scrutinize Correctness of Decision |
| Thu, 16 Feb 2023 10:59:52 IST |
| Supreme Court has observed that the provision of review is not to scrutinize the correctness of the decision but to correct the error, if any, which is visible on face of the order/record without going into as to whether there is a possibility of another opinion different from the one expressed. |
| CRIMINAL - Bombay HC: Girls Treated as Commodity Even in 21st Century Highly Objectionable to Morality |
| Thu, 16 Feb 2023 10:59:43 IST |
| Bombay High Court while granting bail to woman accused of buying another woman's daughter has remarked that such act of a one year old girl being sold by her mother like a commodity in 21st century is highly objectionable to morality and human rights. |
| ARBITRATION - Cal. HC: Admitting Jurisdiction in Pleading Enough for Express Agreement |
| Thu, 16 Feb 2023 10:59:32 IST |
| Calcutta High Court has held that filing of pleadings before arbitral tribunal and agreeing to jurisdiction of the tribunal therein satisfies the requirement of 'express agreement' given under proviso to Section 12(5) of the Arbitration and Conciliation Act, 1996. |
| RIGHT TO INFORMATION - Guj. HC: Communication B/W Govt. Pleader and State Regarding Proceeding Outside Scope of RTI |
| Thu, 16 Feb 2023 10:59:22 IST |
| Gujarat High Court has observed that Professional correspondence between government advocate and various offices of the State regarding a matter in which he had appeared for the petitioning party, can't be disclosed under Right to Information Act, 2005. |
| CRIMINAL - Ker. HC: Error Different from Lacuna |
| Thu, 16 Feb 2023 10:59:08 IST |
| Kerala High Court while observing that an error or omission on the part of a party to trial is not to be confused with lacuna which is an intrinsic weakness in the case of a party, has observed that court cannot deny a fair trial by refusing any party an opportunity to correct these errors. |
| CIVIL - SC: High Courts Not Subordinate to Supreme Court |
| Wed, 15 Feb 2023 13:54:24 IST |
| Supreme Court while considering SLP seeking to direct Patna High Court to decide a pending writ petition within a time bound schedule, has observed that High Courts are also constitutional courts and are not subordinate to the Supreme Court. |
| MOTOR VEHICLES - Delhi HC: Holding License for LMV Doesn't Make Driver Competent to Drive Two Wheeler |
| Wed, 15 Feb 2023 13:54:14 IST |
| Delhi High Court while setting aside award passed by MACT refusing to grant recovery rights to Insurance Co. against driver/owner of two-wheeler involved in accident, has observed that a person holding a valid license for LMV can't be presumed to be competent to drive a two wheeler. |
| ARBITRATION - Cal HC: All Unilateral Appointments Not Invalid Unless Appointed Arbitrator Falls Within Schedule 7 |
| Wed, 15 Feb 2023 13:54:02 IST |
| Calcutta High Court has held that all unilateral appointment of arbitrator are not invalid per se unless the arbitrator's relationship falls within the Seventh Schedule to the Arbitration and Conciliation Act, 1996. |
| EDUCATION - SC: States Should Follow NMC Standards While Setting Up Govt. Medical Colleges |
| Wed, 15 Feb 2023 10:11:04 IST |
| Supreme Court has held that states are bound to adhere to the standards prescribed by the regulatory authority, NMC, while setting up Government Medical Colleges and if there are any deficiencies, NMC and Centre have ample powers to take such steps as are permissible in law. |
| CONSUMER - SC Affirms Compensation to Lawyer for Bank Wrongfully Keeping His Name in Loan Defaulters List |
| Wed, 15 Feb 2023 10:10:50 IST |
| Supreme Court has affirmed National Consumers Disputes Redressal Commission directing Canara Bank to pay compensation of Rs. 5 lakhs to lawyer whose name was kept in the loan defaulter's list as per CIBIL, for about 7.5 years after discharging his loan obligations. |
| PROPERTY - SC Upholds Rule 19 of Development Control Rules for Chennai Metropolitan Area |
| Wed, 15 Feb 2023 10:10:41 IST |
| Supreme Court has upheld Rule 19 of Development Control Rules for Chennai Metropolitan Area which mandated that builders should reserve open spaces in the plots developed by them and observed that Rule 19 did not violate Article 14 or Article 300A of the Constitution. |
| FAMILY - Delhi HC: Foreign National Can't Claim Right to be Appointed Guardian of PwD |
| Wed, 15 Feb 2023 10:10:28 IST |
| Delhi High Court while hearing plea moved by father who along with his adopted son is US citizens but holds OCI cards, has held that foreign national cannot claim a vested or constitutional right to be appointed as guardian of a person with disabilities. |
| CRIMINAL - All. HC: Child in Conflict With Law Can't Seek Anticipatory Bail U/S 438 CrPC |
| Wed, 15 Feb 2023 10:10:16 IST |
| Allahabad High Court has held that a child in conflict with law can't file an application under Section 438 of CrPC seeking anticipatory bail as per the Juvenile Justice Act, 2015, as allowing the same would defeat the aim and object of Juvenile Justice Act. |
| CRIMINAL - JKL HC: Pseudo Police Report Can't Defeat Right of Accused to Default Bail |
| Wed, 15 Feb 2023 10:10:05 IST |
| Jammu and Kashmir and Ladakh High Court has held that pseudo police report even if filed within the time frame required under CrPC, cannot be given legal sanctity to defeat the default bail right of an accused in a case. |
| CRIMINAL - Gauhati HC to State: Why POCSO Act Added in Child Marriage Act? |
| Wed, 15 Feb 2023 10:09:54 IST |
| Gauhati High Court while granting anticipatory bail to certain accused in different matters booked under the Prohibition of Child Marriage Act, 2006, citing no requirement of custodial interrogation in the matter, has questioned the State why POCSO was added as an offence in the case. |