| CONSUMER - SC: Hospital Vicariously Liable for Doctor's Negligence |
| Wed, 23 Apr 2025 15:17:08 IST |
| Supreme Court, while upholding NCDRC's order imposing a compensation of Rs. 15 lakhs on the hospital on ground that hospital is vicariously liable for medical negligence of doctor who caused death of patient, has reduced the amount from Rs 15 lakhs to Rs. 10 lakhs along with interest accrued. |
| CIVIL - SC: Compensation must be Directly Transferred to Road Accident Victims and Workmen |
| Wed, 23 Apr 2025 15:16:56 IST |
| Supreme Court has directed High Courts to frame practice directions to ensure that compensation paid to the claimants under the Motor Vehicles Act, 1988 and Workmen Compensation Act, 1932 must be directly credited to the bank accounts of claimants. |
| LAND ACQUISITION - SC: Market Value of Acquired Land Must be Determined From the Date of Issuance of S. 11 Notification |
| Wed, 23 Apr 2025 15:16:45 IST |
| Supreme Court has held that the market value of the acquired land under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 must be considered from the date on notification issued under Section 11 of the Act. |
| CRIMINAL - SC: HCs Must Ensure S. 313 CrPC (S.351 BNSS) Compliance at Earliest To Avoid Acquittals |
| Wed, 23 Apr 2025 15:16:35 IST |
| Supreme Court, while upholding the acquittal of an accused, has observed that High Courts must be proactive while checking compliance with Section 313 of Cr.PC (Section 351 of BNSS) at the inception of criminal appeals and remand the matter to the trial court in case of lapses, to avoid acquittals. |
| TRUSTS AND SOCIETIES - SC: After Bar Council term Ends, Muslim Member Appointed on that Ground Can't Remain on Waqf Board |
| Wed, 23 Apr 2025 15:16:23 IST |
| The Supreme Court has observed that a person appointed as a member of the State Waqf Board by virtue of being a Muslim member of a State Bar Council cannot continue to be a member of the Waqf Board after end of his term in Bar Council. |
| CRIMINAL - P&H HC Directs SSP to Respond on Serious Allegation of Custodial Violence by Punjab Police |
| Wed, 23 Apr 2025 15:16:06 IST |
| The Punjab and Haryana HC, while taking note of serious custodial violence and brutal torture, has a sought response from SSP by way of an affidavit and directed PGIMER Chandigarh to form a medical board to examine alleged injuries inflicted by Punjab Police on the Petitioner. |
| CIVIL - SC Advises Man to File Suit for Alleged Disability Due to Covishield Vaccine |
| Tue, 22 Apr 2025 15:57:18 IST |
| Supreme Court has advised a petitioner to file a suit for damages rather than a writ petition for alleged disability developed due to administration of the Covishield vaccine. |
| CIVIL - SC: Fresh Suit Not Valid Remedy to Set Aside Decree Obtained on Basis of Coerced Compromise |
| Tue, 22 Apr 2025 15:57:07 IST |
| SC has observed that if a party is coerced to enter into a compromise, which leads to the passing of the consent decree, a fresh suit for setting aside the decree is not a valid remedy. In that situation, the party should file a recall application before the Court that had passed the decree. |
| CRIMINAL - Allahabad HC: Liking a Post Does Not Amount to Publishing or Transmitting it |
| Tue, 22 Apr 2025 15:56:57 IST |
| Allahabad High Court has observed that liking a post will not amount to publishing or transmitting the post, therefore such an act will not attract Section 67 of the Information Technology Act, 2000. |
| SERVICE - SC: Person Deemed to be 'Principal Employer' if Acts as Agent of Owner or Supervise the Establishment |
| Tue, 22 Apr 2025 15:56:46 IST |
| Supreme Court while upholding conviction of a General Manager for not remitting Employees' State Insurance contribution to ESIC, has observed that a person may be deemed a 'principal employer' if he acts as agent of the owner of factory or supervises the establishment. |
| ARBITRATION - Supreme Court: Need to Impose Timelimit for Oral Submissions in Arbitration Cases |
| Tue, 22 Apr 2025 15:56:34 IST |
| SC while expressing displeasure over prolonged arguments and submissions made in arbitration proceedings, has noted that unnecessary long oral submissions in high stake matters result in criticism about arbitrations in India. There is a need to impose a time limit for oral submissions in such cases. |
| CIVIL - SC: Court Should Not Interfere With Order Granting Deemed Conveyance Under MOFA |
| Tue, 22 Apr 2025 15:56:24 IST |
| SC has observed that in writ jurisdiction, the Court should not interfere with the order granting deemed conveyance under Section 11(4) of Maharashtra Ownership Flats Act, 1963, unless the order is manifestly illegal. The writ court should generally be slow in interfering with such orders. |
| CRIMINAL - SC: When Strong Circumstantial Evidence Exists, Absence of Motive No Ground For Acquittal |
| Tue, 22 Apr 2025 15:56:14 IST |
| SC has observed that when the circumstances are very convincing and provide an unbroken chain leading only to the conclusion of guilt of the accused and not to any other hypothesis the total absence of a motive will be of no consequence. |
| CIVIL - Supreme Court Criticizes Tahsildar Disobeying Directions of High Court |
| Tue, 22 Apr 2025 15:56:03 IST |
| Supreme Court has criticized Deputy Collector in Andhra Pradesh who, in his capacity as Tahsildar disobeyed High Court's directions and removed slum-dwellers' huts in Guntur district. |
| INTELLECTUAL PROPERTY RIGHTS - IP Office Declares Starbucks, NDTV and Economic Times as Well-Known Trademark |
| Tue, 22 Apr 2025 15:55:53 IST |
| Intellectual Property Office has declared Starbucks, New Delhi Television (NDTV) and Economic Times as well-known trademark. Process of designating a trademark as "well-known" in India follows a procedure under Rule 124 of the Trade Marks Rules, 2017. |
| INTELLECTUAL PROPERTY RIGHTS - SC Stays Delhi HC's Direction to Azure Hospitality Pvt. Ltd. to pay PPL as Per Tariff of RMPL |
| Tue, 22 Apr 2025 15:55:42 IST |
| Supreme Court has stayed the direction passed by Delhi High Court asking Azure Hospitality Pvt. Ltd. to pay Phonographic Performance Ltd. (PPL) as per the tariff of Recorded Music Performance Ltd. (RMPL) for playing songs from catalogue of PPL. |
| CRIMINAL - SC: In Matters of Matrimonial Disputes Courts Must be Circumspect in Taking Allegations at Face Value |
| Mon, 21 Apr 2025 12:22:45 IST |
| SC has stated that in matters arising from matrimonial disputes, particularly where the allegations are levelled after many years of marriage and, that too, after one party initiates divorce proceeding against the other, the Court must be circumspect in taking the allegations at their face value. |
| ARBITRATION - SC: Arbitral Tribunal has Jurisdiction to Implead Party Not Served with Section 21 Notice |
| Mon, 21 Apr 2025 12:22:34 IST |
| SC has observed that a notice invoking arbitration under Section 21 of the A&C Act is mandatory. However, merely because such a notice was not issued to certain persons does not denude the arbitral tribunal of its jurisdiction to implead them as parties during the arbitral proceedings. |
| CIVIL - SC: An Agreement to Sell Does Not Confer Any Right on the Proposed Purchaser |
| Mon, 21 Apr 2025 12:22:22 IST |
| SC has observed that an agreement to sell does not confer any right on the proposed purchaser under the agreement. Therefore any right, until the sale deed is executed, will vest only with the owner, or in other words, the vendor to take necessary action to protect his interest in the property. |
| NARCOTICS - SC: Dealing with Substance Listed Under NDPS Act is Offence Even Though Nothing Mentioned in Rules |
| Mon, 21 Apr 2025 12:22:12 IST |
| Supreme Court has observed that activities which involve a psychotropic substance listed in the Schedule of the NDPS Act, 1985 constitute an offence even though it is not mentioned under Schedule I of the NDPS Rules, 1985. |
| CIVIL - SC Seeks Bom. HC's Explanation if Petition Filed against Demolition was Listed for Urgent Hearing |
| Mon, 21 Apr 2025 12:21:59 IST |
| Supreme Court has sought explanation from Bombay High Court on an allegation that a petition that challenged the demolition notice against Hazrat Satpeer Sayed Baba Dargah was refused urgent listing. |
| CRIMINAL - Supreme Court: Principle of Res Judicata Applicable on Criminal Proceedings |
| Mon, 21 Apr 2025 12:21:48 IST |
| Supreme Court has observed that principle of res judicata applies to criminal proceedings and the Court recording findings of fact would be binding on both parties in any subsequent proceedings involving the same issue. |
| CIVIL - SC Expresses Disapproval of Foreign Court's Order Imposing Travel Ban on Minor Child |
| Mon, 21 Apr 2025 12:21:37 IST |
| Supreme Court while expressing strong disapproval of a foreign Court order imposing travel ban on a child whose parents were involved in a matrimonial dispute, has stated that such orders atrocious and completely violate human rights. |
| ARBITRATION - Bombay HC: Can't Refuse Referral of Dispute to Arbitration on Basis of Allegations of Fraud Simplicit |
| Mon, 21 Apr 2025 12:21:25 IST |
| Bombay High Court has held that merely on the basis of allegations of fraud simpliciter, dispute cannot be refused referral to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996. |
| INSURANCE - Delhi HC: Delayed Procedures for Settling Claims doesn't Tantamount to Criminal Offence |
| Mon, 21 Apr 2025 12:21:15 IST |
| Delhi High Court has observed that insurance company's delayed procedures for settling claims may be a ground for seeking compensation for mental harassment, but does not tantamount to any criminal offence. |
| COMMERCIAL - Allahabad HC: Tender Condition Allowing Restriction Can't be Considered Arbitrary |
| Mon, 21 Apr 2025 12:21:03 IST |
| All. HC has observed that allowing only existing pellet manufacturers having their plant location in NCR region to participate in the tender process is to reduce stubble burning and air pollution in the NCR region. The condition in the tender cannot be considered to be arbitrary and discriminatory. |
| CIVIL - Bombay HC Directs State Advisory Board to Expeditiously Consider Grievance of Differently Abled Peopl |
| Mon, 21 Apr 2025 12:20:52 IST |
| Bombay High Court while hearing a petition concerning the obstruction caused to disabled people by bollards at the entrance of footpaths, has directed the State Advisory Board on Disability to expeditiously consider the grievances of differently abled people. |
| INSOLVENCY - NCLAT: Can't Automatically Change Date of Default Pleaded U/S 7 of IBC on Basis of Arbitral Award |
| Mon, 21 Apr 2025 12:20:42 IST |
| NCLAT New Delhi bench has held that there cannot be change in the date of default mentioned in Part IV of the application under Section 7 of the Insolvency and Bankruptcy Code, 2016 merely because arbitral award was passed subsequent to the filing of the application. |
| ENVIRONMENT - Rajasthan High Court: Citizens of the State Cannot be Treated as Cattle |
| Mon, 21 Apr 2025 12:20:30 IST |
| Rajasthan High Court has observed that people of the State are suffering from extreme heatwaves and heat strokes. Citizens of the State cannot be treated as cattle. Every human being as well as every living being, be they animals or birds, has a right to life. |
| CIVIL - Delhi HC Issues Guidelines for Prompt and Appropriate Legal Guidance to Minor Rape Victims |
| Mon, 21 Apr 2025 12:20:19 IST |
| Delhi High Court while observing that victims of sexual assault remain unaware of approaching appropriate legal forum, has issued a set of guidelines for providing prompt and appropriate legal guidance and medical support to minor rape victims who have to undergo medical termination of pregnancy. |
| CIVIL - Patna HC: Bail to the Juvenile is a Rule and Refusal of the Same is an Exception |
| Mon, 21 Apr 2025 12:20:08 IST |
| Patna HC has observed that it clearly emerges that Section 12 of J.J. Act, 2015 overrides the bail provisions as contained in the Criminal Procedure Act, 1973 or any other law for time being in force. It further emerges that bail to the Juvenile is a rule and refusal of the same is an exception. |
| INSURANCE - Jh. HC: Can't Rule Out Insurance Company's Liability Only because Claimants Provide Wrong Policy No. |
| Mon, 21 Apr 2025 12:19:58 IST |
| Jharkhand HC has observed that merely providing a wrong policy number by claimants, liability of the insurance company cannot be ruled out because claimants are not supposed to know the exact policy number and they have gathered the same from somewhere and produced it before the learned Tribunal. |
| INSOLVENCY - NCLAT: In Absence of Express Agreement between Parties Authority Can't Assume Appl. of Interest |
| Mon, 21 Apr 2025 12:19:48 IST |
| NCLAT New Delhi bench has held that unless there is a specific contract between the parties the Adjudicating Authority cannot presume the applicability of interest on the principal amount while deciding an application under Section 9 of the Insolvency and Bankruptcy Code, 2016. |
| TENANCY - Bom HC: Can't Circumvent Statutory Protection under Maha. Rent Control Act by invoking Arb. Petition |
| Mon, 21 Apr 2025 12:19:37 IST |
| Bombay High Court has observed that statutory protection afforded to tenants under the Maharashtra Rent Control Act, 1999 cannot be circumvented by invoking the jurisdiction under Section 9 of the Arbitration and Conciliation Act, 1996. |
| INSOLVENCY - NCLAT: NCLT Can't Carry Out Rectification Without Providing Hearing Opportunity to Parties |
| Mon, 21 Apr 2025 12:19:26 IST |
| NCLAT Chennai bench has held that if an order has been uploaded on the website it is considered to be on public domain and NCLT cannot rectify or amend the order without giving the opportunity of being heard to all affected parties. |
| INSOLVENCY - NCLAT: Can't Entertain Petition u/s 7 of IBC during Moratorium Period Under Restructuring Proposal |
| Mon, 21 Apr 2025 12:19:16 IST |
| NCLAT New Delhi bench has held that debenture holders cannot be permitted to file an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 until the expiry of moratorium period once they have acted upon the restructuring proposal given by CD which included a moratorium. |
| SALES TAX/VAT - SC Upholds Rajasthan HC's Order Striking Down Rule 17(20) of Central Sales Tax (Rajasthan) Rules |
| Fri, 18 Apr 2025 12:00:38 IST |
| SC while upholding Rajasthan HC's decision striking down Rule 17(20) of the Central Sales Tax (Rajasthan) Rules, 1957, has stated that State cannot frame rules which will be inconsistent with the rules framed by the Central Government in exercise of powers under Section 13(1) of the CST Act, 1956. |
| MOTOR VEHICLES - SC: States to Take Steps Towards Developing Swift Response Protocols for Victims of Road Accidents |
| Fri, 18 Apr 2025 12:00:28 IST |
| Supreme Court has directed all state governments and union territories to take effective steps for developing swift response protocols with the object of ensuring that help immediately reaches the victims of road accidents. |
| SERVICE - SC: Effective Resettlement of Ex-Servicemen Necessary to Keep Morale of Serving Members of Defence |
| Fri, 18 Apr 2025 12:00:18 IST |
| Supreme Court has observed that effective resettlement of ex-servicemen is necessary to keep the morale of the serving members of the defence forces. If the resettlement of veterans is neglected, the talented youth of the nation may not be motivated to join armed forces. |
| CRIMINAL - Supreme Court: Can't Delete Framed Charges by Invoking Section 216 of CrPC |
| Fri, 18 Apr 2025 12:00:08 IST |
| Supreme Court has held that once charges have been framed by the Trial Court in exercise of the powers under Section 228 CrPC, the accused cannot thereafter be discharged, be it through an exercise of the powers under Sections 227 or 216 CrPC. |
| ELECTION - SC: Union & ECI Given Time to Respond on Challenge to Conduct of Election Rules |
| Fri, 18 Apr 2025 11:59:58 IST |
| Supreme Court has extended by two weeks, the time given to the Union and the Election Commission of India for filing response to the challenge to the amendment made in Conduct of Elections Rules, 1961. |
| EDUCATION - Madras HC: Inspector General of Registration to Ensure No Society is Registered With a Caste Name |
| Fri, 18 Apr 2025 11:59:49 IST |
| Madras High Court while asking the Inspector General of Registration to ensure that no society is registered with a caste name, has observed that if caste is perpetuated it inevitably results in a breach of fraternity within society, leading to ill feelings and enmity among groups. |
| CIVIL - SC Expresses Reluctance to Transfer to Itself Petitions Challenging Anti-Conversion Laws of States |
| Fri, 18 Apr 2025 11:59:39 IST |
| Supreme Court while hearing a transfer petition, has expressed reluctance to transfer to itself petitions challenging the State laws against religious conversions pending in various High Courts. |
| CRIMINAL - SC: Subsequent Judgment that Overrules Earlier Judgment to Apply Retrospectively |
| Fri, 18 Apr 2025 11:59:29 IST |
| SC has observed that if an earlier decision of the court operated for quite some time and it is overruled by a subsequent decision, the decision rendered subsequently would have retrospective effect and would serve to clarify the legal position which was not clearly understood earlier. |
| CIVIL - SC Shows Inclination to Appoint a Commission of Inquiry to Enquire into Activities of Sports Federati |
| Fri, 18 Apr 2025 11:59:18 IST |
| Supreme Court has showed inclination to appoint a Commission of Inquiry to enquire into the activities of Sports Federations across India and stated that other than sportsperson and sports activity these federations have everything. |
| TRUSTS AND SOCIETIES - Centre to SC: Certain Provisions of Waqf (Amendment) Act, 2025 Not to be Acted Upon for Time Being |
| Fri, 18 Apr 2025 11:59:08 IST |
| Central Government in response to the petitions challenging the Waqf (Amendment) Act, 2025 has informed the Supreme Court that certain key provisions shall not be acted upon for the time being. |
| CONSUMER - SC: Consumer's Right to Protest Peacefully Without Falling Foul is a Corresponding Right |
| Fri, 18 Apr 2025 11:58:58 IST |
| Supreme Court has observed that a right to protest peacefully without falling foul of the law is a corresponding right, which the consumers ought to possess just as the seller enjoys his right to commercial speech. |
| INTELLECTUAL PROPERTY RIGHTS - Delhi HC Directs Removal of 'Captain Blue' Mark in Plea by Manufacturer of 'Captain Morgan' |
| Fri, 18 Apr 2025 11:58:47 IST |
| Delhi High Court, in a plea filed by alcoholic beverages manufacturer Diageo Scotland Limited which produces 'Captain Morgan', has directed the removal 'Captain Blue' mark from the Trade Marks Registry. |
| CIVIL - SC Disposes of Petitions Seeking Access to Courtroom Proceedings through Virtual Links |
| Fri, 18 Apr 2025 11:58:37 IST |
| Supreme Court while disposing of petitions seeking access to courtroom proceedings through virtual court links, has given liberty to the petitioners to approach the concerned High Courts and the various E-Committees constituted to deal with the issue. |
| CIVIL - SC Delivers Split Verdict on Disciplinary Action to be Taken Against an Advocate-On-Record |
| Fri, 18 Apr 2025 11:58:27 IST |
| Supreme Court has delivered a split verdict on disciplinary action to be taken against an Advocate-on-Record and his assisting Advocate who filed a petition that involved suppression of facts. |
| DIRECT TAXATION - SC: If Suits Mention Cash Transactions Above ?2 Lakh, Court Must Report it to IT Department |
| Thu, 17 Apr 2025 10:43:55 IST |
| SC has observed that whenever, a suit is filed with a claim that Rs. 2,00,000 and above is paid by cash towards any transaction, courts must intimate the same to the jurisdictional Income Tax Department to verify the transaction and the violation of Section 269ST of the Income Tax Act, 1961, if any. |
| CIVIL - UK SC: Trans Women Not Included in Definition of 'Woman' under Equality Act, 2010 |
| Thu, 17 Apr 2025 10:43:43 IST |
| United Kingdom Supreme Court has held that a person with a Gender Recognition Certificate in the female gender does not come within the definition of 'woman' for the purposes of sex discrimination in Section 11 of the EA 2010 and is limited to biological women. |
| LIMITATION - SC: Limitation Begins From the Date When the Cause of Action First Accrued |
| Thu, 17 Apr 2025 10:43:30 IST |
| SC has observed that it is a complete fallacy to make any distinction between "knowledge" and "full knowledge". The limitation begins from the date when the cause of action first accrued and not any subsequent date for the cause of action. |
| ENVIRONMENT - SC: Wildlife Warden of Telangana to Take Immediate Steps to Protect Wildlife |
| Thu, 17 Apr 2025 10:43:20 IST |
| SC while hearing a matter on large scale tree felling in Telangana, has directed Wildlife Warden of Telangana to examine and put into effect immediate steps required to be undertaken to protect wildlife which has been affected on account of the deforestation in the 100 acres of kancha gachibowli. |
| TRUSTS AND SOCIETIES - SC: Violence During Protests Against Waqf Amendment Act is Disturbing |
| Thu, 17 Apr 2025 10:43:10 IST |
| Supreme Court while hearing petitions on constitutionality of the Waqf(Amendment) Act, 2025, has stated that the violence taking place during protests against the Act is very disturbing. |
| CONSTITUTION - SC: Cannot Use Article 32 to Challenge Supreme Court's Own Judgments |
| Thu, 17 Apr 2025 10:43:00 IST |
| Supreme Court has observed that law is well settled that a decision rendered by this Court, be it at the stage of special leave petition or post grant of leave while exercising jurisdiction under Article 136 of the Constitution of India, cannot be assailed directly or collaterally under Article 32. |
| CIVIL - SC: Language is a Medium for Exchange of Ideas Not Become a Cause of Division |
| Thu, 17 Apr 2025 10:42:49 IST |
| SC has observed that Municipal Council is there to provide services to local community. If people residing within an area covered by Municipal Council are familiar with Urdu, then there should not be any objection if Urdu is used. Language is a medium for exchange of ideas not a cause of division. |
| CIVIL - SC: Once Plaint in Respect of Main Relief Stands Barred, Other Reliefs Claimed Also Fall Down |
| Thu, 17 Apr 2025 10:42:39 IST |
| SC has observed that once the plaint or the suit in respect of the main relief stands barred by time, the other ancillary relief claimed therein also falls down. The other reliefs are dependent upon the first relief and cannot be granted until and unless the plaintiff succeeds in the first relief. |
| INTELLECTUAL PROPERTY RIGHTS - Delhi High Court: Phonographic Performance Limited Not Entitled to Grant Licenses without Registratio |
| Thu, 17 Apr 2025 10:42:29 IST |
| Delhi HC has held that Phonographic Performance Limited is not entitled to issue licenses in respect of the sound recordings assigned to it under Section 18(1) of the Copyright Act without either registering itself as a copyright society or becoming a member of any registered copyright society. |
| CIVIL - Calcutta HC: Disputes u/s 31 of SRA though Arbitrable, Arbitral Awards Not Binding on 3rd Parties |
| Wed, 16 Apr 2025 12:02:30 IST |
| Calcutta High Court has held that while disputes relating to the cancellation of written instruments under Section 31 of Specific Relief Act, 1963 are arbitrable, the arbitral award resulting from such proceedings are binding only on parties involved and not third parties. |
| INTELLECTUAL PROPERTY RIGHTS - SC Resolves Overlap between 'Design' and 'Copyright' Protection u/s 15(2) of the Copyright Act |
| Wed, 16 Apr 2025 12:02:11 IST |
| Supreme Court has resolved the overlap between 'design' and 'copyright' protection u/s 15(2) of the Copyright Act, 1957 by laying down twin tests that shall consider whether the work in question is purely an 'artistic work' or a 'design' derived from such original artistic work. |
| ADMINISTRATIVE - Supreme Court Invites Suggestions for Amendment of Supreme Court Rules, 2013 |
| Wed, 16 Apr 2025 12:02:01 IST |
| Supreme Court has proposed amendments in the Supreme Court Rules, 2013 and issued a circular inviting suggestions/views from stakeholders regarding the same. |
| CRIMINAL - SC Dismisses PIL Seeking Balanced Protection for All Parties in Matrimonial Disputes |
| Wed, 16 Apr 2025 12:01:48 IST |
| Supreme Court has dismissed a Public Interest Litigation (PIL) that sought balanced protection for all parties in matrimonial cases under Section 498A of IPC, 1860 and stated that the plea that such provision is violative of Article 14 of Constitution of India is wholly misconceived and misdirected. |
| CIVIL - SC Stays J&K HC Order Directing Reduction in Toll-Fee Until Completion of Entire Road |
| Wed, 16 Apr 2025 12:01:12 IST |
| Supreme Court has stayed an order passed by Jammu & Kashmir and Ladakh High Court that directed reduction in toll-fee until the completion of construction on the Lakhanpur-Udhampur stretch on the ground that collection of toll was unfair if the road was in bad shape. |
| CRIMINAL - SC: Immediate Acton of Suspension of License if Infant is Trafficked from Any Hospital |
| Wed, 16 Apr 2025 12:00:59 IST |
| Supreme Court has observed that if any newborn infant is trafficked from any hospital, the immediate action against the hospital should be suspension of license to run the hospital over and above other actions in accordance with law. |
| ADMINISTRATIVE - SC Proposes Independent Tribunal for Conducting Bar Elections in Haryana |
| Wed, 16 Apr 2025 12:00:49 IST |
| Supreme Court has proposed formation of an independent, impartial, neutral Tribunal to conduct the bar elections in Haryana after noting extremely disturbing allegations on the administrative side. |
| DIRECT TAXATION - Kerala HC: Interest Received by Assessee as Compensation under LAA to be Classified as 'Capital Gains |
| Wed, 16 Apr 2025 12:00:39 IST |
| Kerala HC has stated that interest amounts received by an assessee in respect of delayed payment of compensation under the Land Acquisition Act, 1894 will be treated as accruals to the principal compensation amount and be classified as 'Capital Gains' for the purposes of the Income Tax Act, 1961. |
| CRIMINAL - SC Takes Objection of Allahabad High Court Order Blaming Victim in Rape Case |
| Wed, 16 Apr 2025 12:00:29 IST |
| Supreme Court has taken objection to an order passed by Allahabad High Court that granted bail to a rape accused while observing that the victim "herself invited trouble" for the alleged act of rape. |
| TRUSTS AND SOCIETIES - SC: 5 States File Applications Showing Support to Waqf Amendment Act 2025 |
| Tue, 15 Apr 2025 12:12:21 IST |
| In petitions challenging the Waqf Amendment Act, 2025, the States of Assam, Rajasthan, Chhattisgarh, Uttarakhand and Maharashtra have filed intervention applications in the Supreme Court showing their support to the legislation. |
| EXCISE - Delhi HC Grants Relief to 'Social' against Excise Dept. Direction to Put on Hold Sale of Liquor |
| Tue, 15 Apr 2025 12:12:11 IST |
| Delhi High Court has granted relief to restaurant outlet Hauz Khas Social against an order passed by Excise Department directing to put on hold the sale of liquor, citing the absence of an "Eating House License". |
| FAMILY - AP HC Grants Conditional Visitation Rights to Father Despite Son being Witness Against him |
| Tue, 15 Apr 2025 12:12:00 IST |
| Andhra Pradesh High Court while granting visitation rights to a father despite son being a witness against him, has observed that through such conditional right the father will get an opportunity to win over the love and affection of the child, by his acts, conduct behaviour and sharings. |
| SALES TAX/VAT - SC: Dealers Not Allowed to Claim ITC for Purchases Linked To Exempt Sales under UPVAT Act |
| Tue, 15 Apr 2025 12:11:49 IST |
| SC has observed that Section 13(7) of Uttar Pradesh Value Added Tax Act, 2008 sets out that no facility for input tax credit shall be allowed to a dealer with respect to the purchase of any goods where the sale of such goods by the dealer is exempt from tax under Section 7(c) of VAT Act. |
| ELECTION - Cal. HC Dismisses PIL Seeking New Process for Scrutiny of Candidates Contesting Bengal Elections |
| Tue, 15 Apr 2025 12:11:38 IST |
| Calcutta High Court has dismissed a Public Interest Litigation (PIL) that sought a new process for the scrutiny of candidates contesting the Bengal elections. |
| CRIMINAL - Allahabad HC: Not Providing 'Grounds of Arrest' is Violative of Article 22(1) of COI |
| Tue, 15 Apr 2025 12:11:28 IST |
| Allahabad High Court while quashing the arrest of a man in a forgery and cheating case, has noted that not providing grounds of arrest to an accused violates his constitutional safeguards under Article 22(1) of the Constitution of India. |
| ARBITRATION - Delhi High Court Judges Express Concern Over Draft Arbitration & Conciliation (Amendment) Bill 2024 |
| Tue, 15 Apr 2025 12:11:18 IST |
| Delhi High Court judges have expressed their concerns over the Draft Arbitration & Conciliation (Amendment) Bill 2024 expanding the scope of 'patent illegality' as a ground to interfere in International Commercial Arbitration. |
| CIVIL - Kerala Becomes the 1st State to Introduce online Permanent Lok Adalat Services |
| Tue, 15 Apr 2025 12:11:05 IST |
| Kerala has become the first state in the country to launch online filing and hearing facilities for Permanent Lok Adalat. The initiative aims at improving the accessibility of justice, especially for marginalised communities. |
| CONSTITUTION - Tamil Nadu Government Notifies Acts on Basis of 'Deemed Assent' of Governor |
| Tue, 15 Apr 2025 12:09:55 IST |
| Tamil Nadu Government has notified ten State Acts on the basis of a judgment of Supreme Court that declared the laws as "deemed to have been assented" to by Governor. |
| MEDIA AND COMMUNICATION - Kerala High Court: Channels and Media to be More Vigilant While Giving News |
| Mon, 14 Apr 2025 12:41:36 IST |
| Ker. HC has urged channels to be more vigilant while giving news items and stated that by publishing and telecasting mere allegations, channels and media are boosting up the intention of person who made allegations with intention to tarnish image of the person against whom such allegations are made. |
| CIVIL - SC Directs Expert Committee under FSSAI to Submit Report on Amendments Suggested by FSSAI |
| Mon, 14 Apr 2025 12:41:25 IST |
| Supreme Court while hearing a petition seeking implementation of amendments proposed by the FSSAI to introduce a star-rating labelling regarding the nutrition content of food products, has directed an expert committee constituted under FSSAI to submit its report on the same. |
| CONSTITUTION - SC: President Must Take Decision within Three Months on Reserved Bills |
| Mon, 14 Apr 2025 12:41:12 IST |
| Supreme Court has observed that the President is required to take a decision on the bills reserved for his consideration by the Governor within a period of three months from the date on which such reference is received. |
| GOODS AND SERVICES TAX - Ker. HC Strikes Down Provisions of GST Act Allowing Levy of GST on Supply by Clubs to its Members |
| Mon, 14 Apr 2025 12:41:01 IST |
| Kerala HC while hearing an appeal by Indian Medical Association against the recovery of GST on the services given by the Association to its members, has struck down the provisions of Central Goods and Services Tax Act, 2017 allowing levy of GST on supply by clubs and associations to its members. |
| CIVIL - SC: Can Dismiss Suit as Time Barred Even If No Specific Issue Regarding Limitation Was Framed |
| Mon, 14 Apr 2025 12:40:50 IST |
| Supreme Court has observed that because of the mandate of Section 3 of the Limitation Act, 1963 a suit can be dismissed as time barred even if no specific issue regarding limitation was framed. |
| ARBITRATION - HP HC: Section 5 of Limitation Act Isn't Applicable to Petition u/s 34 of A&C Act |
| Mon, 14 Apr 2025 12:40:39 IST |
| HP High Court has held that since Section 5 of the Limitation Act, 1963 is not applicable on a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 hence if the petition is not filed within the period prescribed under Section 34(3) of A&C Act, the delay cannot be condoned. |
| INSOLVENCY - NCLT: Financial Debt Constitutes Disbursal Against Time Value of Money |
| Mon, 14 Apr 2025 12:40:29 IST |
| NCLT Kolkata bench while allowing an application filed under Section 7 of the IBC, has observed that financial debt exists where money is disbursed against the consideration for time value of money. |
| INSOLVENCY - NCLAT: Acknowledgment of Debt in Writing Extends Limitation Period for Initiating CIRP |
| Mon, 14 Apr 2025 12:40:19 IST |
| NCLAT New Delhi bench has held that written acknowledgment of debt extends the period of limitation for initiating the CIRP under Section 9 of the IBC, 2016. |
| CRIMINAL - Cal. HC: Supplying Warrant of Arrest Without Mentioning Substance of Charge is Unconstitutional |
| Mon, 14 Apr 2025 12:40:08 IST |
| Calcutta High Court has held that supplying warrant of arrest without mentioning substance of a warrant is unconstitutional in terms of Article 22(2) of the Constitution of India. |
| INSOLVENCY - NCLAT: For Filing Appeal, Limitation Period Begins from Pronouncement Date if Substa. Order Passed |
| Mon, 14 Apr 2025 12:39:57 IST |
| NCLAT New Delhi bench has held that if substantive order is passed on the date of pronouncement then limitation period for filing appeal shall begin from date of pronouncement. |
| CRIMINAL - AP HC: AP Prison Rules Do Not Limit Quantum of Life Sentence |
| Mon, 14 Apr 2025 12:39:46 IST |
| AP HC while holding that life imprisonment means that prisoner shall be incarcerated for remaning natural life, has observed that S. 57 of IPC & Rule 320(a) of A.P Prison Rules do not reduce sentence of life imprisonment nor create a right on prisoner to be released before the end of natural life. |
| CRIMINAL - Allahabad HC: Superior Courts Should Avoid Interfering Once Trial has Commenced |
| Mon, 14 Apr 2025 12:39:33 IST |
| All. HC has observed that where investigation has already been completed and charge sheet has been filed, ordinarily superior courts should not reopen the investigation and it should be left open to the court, where the charge sheet has been filed, to proceed with the matter in accordance with law. |
| ARBITRATION - Telangana HC: HC Can Extend Mandate of Arbitrator Only When it Appoints the Arbitrator |
| Mon, 14 Apr 2025 12:39:20 IST |
| Telangana High Court has held that the mandate of the arbitrator can be extended by the High Court under Section 29A of the Arbitration and Conciliation Act, 1996 when the arbitrator is appointed by the High Court under Section 11(6) of the Act. |
| INSOLVENCY - NCLAT: Bank in Whose Favor Mortgage Rights Were Created Over Property of CD Can't Seek Exclusion |
| Mon, 14 Apr 2025 12:39:09 IST |
| NCLAT New Delhi bench has held that a bank cannot seek exclusion of a property of the Corporate Debtor from the Resolution Plan where mortgage rights were created in the property in favour of the bank. |
| INSOLVENCY - NCLAT: Conversion of Partner's Dues Into Loan Can't become Financial Debt |
| Mon, 14 Apr 2025 12:38:58 IST |
| NCLAT New Delhi bench has held that conversion of dues of partner against the partnership firm do not qualify as financial debt under Section 5(8) of the Insolvency and Bankruptcy Code, 2016. |
| CIVIL - Supreme Court: Can Pass Judgment on Admission Made Outside the Pleadings |
| Fri, 11 Apr 2025 10:58:55 IST |
| Supreme Court while clarifying the legal position under Order XII Rule 6 of the Civil Procedure Code, 1908 has held that the Court can pass judgment on admission at any stage of the suit relying on even those oral or written admissions that are made outside the pleadings. |
| COMPANY - SC: Cannot Grant Bail for Offence under Sec. 447 of Companies Act Without Fulfilling Twin Conditions |
| Fri, 11 Apr 2025 10:58:45 IST |
| Supreme Court has held that Courts cannot grant bail for offences under Section 447 of the Companies Act 2013 unless twin conditions given under Section 212(6) of the Companies Act, 2013 are satisfied. |
| CRIMINAL - J&K HC: Fact that Civil Remedy is Available for Breach of Contract No Ground to Quash Cr. Proceeding |
| Fri, 11 Apr 2025 10:58:33 IST |
| Jammu & Kashmir and Ladakh High Court has stated that the mere fact that complaint relates to a commercial transaction or breach of contract, for which a civil remedy is available, is not by itself a ground to quash the criminal proceedings. |
| GOODS AND SERVICES TAX - Delhi HC: Can Dispense Personal Hearing Only if Assessee's Rectification Application Is Allowed |
| Fri, 11 Apr 2025 10:58:22 IST |
| Delhi High Court has observed that Courts can dispense with the personal hearing of the assessee only if rectification application filed by an assessee is allowed and not rejected. |
| FAMILY - Pat. HC: Mental Disorder for Divorce Must be Such that Spouse Can't be Expected to Live with Other |
| Fri, 11 Apr 2025 10:58:10 IST |
| Patna HC has observed that Section 13(1)(iii) of the Hindu Marriage Act, 1955 does not make mere existence of a mental disorder of any degree sufficient in law to justify dissolution of marriage. Its degree must be such that spouse seeking relief cannot reasonably be expected to live with the other. |
| FAMILY - Delhi HC: Lawyers have Great Responsibility towards Resolving Matrimonial Disputes |
| Fri, 11 Apr 2025 10:57:58 IST |
| Delhi High Court has observed that parties in matrimonial disputes experience frustration and emotional trauma. In such cases, lawyers have a duty towards resolution of disputes rather than making and fueling allegations against each other. |
| BANKING - Chhattisgarh HC: Infirmity in Cheque Return Memo Won't Render Entire Trial u/s 138 of NI Act a Nullit |
| Fri, 11 Apr 2025 10:57:47 IST |
| Chhattisgarh High Court has held that entire trial under Section 138 Negotiable Instruments Act for cheque dishonor will not be rendered null even if there is an infirmity in the cheque return memo. |
| CRIMINAL - SC: Accused Creating Hindrance in Execution of Warrant Must Not be Granted Anticipatory Bail |
| Thu, 10 Apr 2025 12:06:36 IST |
| SC has observed that if an accused is creating hindrances in execution of warrants and does not submit to the authority of law, he must not be granted the privilege of anticipatory bail particularly when the Court has found him prima facie involved in serious economic offences or heinous offences. |
| CONTRACT - SC: Judicial Intervention Legitimate Only if Language in Deed is Ambiguous |
| Thu, 10 Apr 2025 12:06:26 IST |
| Supreme Court has observed that in a deed or a contract, judicial intervention is legitimate only when the language of the deed or contract is ambiguous. It added that the contract is first constructed in its plain, ordinary and literal meaning. |
| ARBITRATION - Supreme Court of Singapore Sets Aside Arbitral Award Passed by Tribunal Presided Over by Ex-CJI |
| Thu, 10 Apr 2025 12:06:15 IST |
| Supreme Court of Singapore has set aside an arbitral award passed by the tribunal presided over by former CJI Dipak Mishra on the grounds that parallel awards were used as templates in drafting the award to a very substantial degree. |
| MOTOR VEHICLES - SC Pulls Up Centre for Failing to Frame Scheme for Cashless Treatment of Road Accident Victims |
| Thu, 10 Apr 2025 12:06:04 IST |
| Supreme Court has slammed the Central Government for failing to frame a scheme for cashless treatment of road accident victims immediately after an accident as required under Section 162(2) of the Motor Vehicles Act, 1988. |
| CRIMINAL - SC: Can Relax Requirement of Preliminary Inquiry if FIR Based on Detailed Source Report |
| Thu, 10 Apr 2025 12:05:53 IST |
| SC has observed that in matters of corruption a preliminary enquiry although desirable, is not mandatory. In case where a superior officer, based on source report disclosing commission of cognizable offence, passes an order for registration of FIR, requirement of preliminary enquiry can be relaxed. |
| CRIMINAL - SC: If Prosecution Fails to Disprove Accused's Plea of Alibi then Conviction Won't be Justified |
| Thu, 10 Apr 2025 12:05:43 IST |
| Supreme Court while setting aside a husband's conviction for murdering his wife has observed that conviction is not justified if the husband raised the plea of alibi and the prosecution failed to disprove it. |
| MEDIA AND COMMUNICATION - J&K High Court Notifies Video Conferencing (Nyaya Shruti) Rules, 2025 |
| Thu, 10 Apr 2025 12:05:31 IST |
| Jammu & Kashmir and Ladakh High Court has notified the Video Conferencing (Nyaya Shruti) Rules, 2025 as a major leap towards digitizing the judicial process. The Rules aim at revolutionizing the way trials, inquiries, and other judicial proceedings will be conducted in the Union Territories. |
| MOTOR VEHICLES - SC: Endorsement Necessary in DL for Driving Vehicle Carrying Dangerous or Hazardous Goods |
| Thu, 10 Apr 2025 12:05:21 IST |
| Supreme Court has observed that it is mandatory to have an endorsement in the driving license under Rule 9 of Central Motor Vehicles Rules, 1989 in order to drive a vehicle carrying any dangerous or hazardous goods. |
| CRIMINAL - Kerala HC: Our Jails are Well Equipped to Face Any Casualty to Any Prisoner |
| Thu, 10 Apr 2025 12:05:11 IST |
| Kerala High Court has observed that our jails are well equipped to face any casualty to any prisoner. Therefore, simply because a person is sick, no court needs to release the accused invoking the first proviso to Section 480(1) of BNSS. |
| CRIMINAL - SC: If ED Claims that it has Fundamental Rights, it Should Worry about Rights of Others too |
| Thu, 10 Apr 2025 12:05:00 IST |
| Supreme Court while questioning Directorate of Enforcement (ED) for filing petition for transfer of corruption case, has stated that If ED claims that it has Fundamental Rights, it should worry about Fundamental Rights of others too. |
| CRIMINAL - J&K HC: No Violation of Detenue's Rights for Non-Disclosure of Confidential Intel in Public Interest |
| Thu, 10 Apr 2025 12:04:50 IST |
| Jammu & Kashmir and Ladakh High Court has observed that merely because confidential information was not provided to detenue for public interest, it cannot be stated that constitutional and statutory rights of the detenue have been violated so as to entail quashment of the impugned order. |
| CIVIL - J&K HC: Feasibility or Viability of Infrastructural Project by Government Cannot Be Looked Into by Co |
| Thu, 10 Apr 2025 12:04:39 IST |
| J&K HC has held that this Court is not equipped to decide upon viability & feasibility of infrastructural project by the government. Whether the proposed merger scheme would be technically feasible or whether it would serve the larger public interest are matters beyond the scope of judicial review. |
| FAMILY - Patna High Court: Can Grant Child Custody on Basis of Present Day Circumstances |
| Thu, 10 Apr 2025 12:04:28 IST |
| Patna High Court while rejecting a father's plea for custody over his minor daughter, has observed that the sense of security which the child needs, the warmth and affection she can get today would be undoubtedly greater in the company of maternal grandparents than that of the father. |
| FAMILY - Bombay HC: Can't Accept Adoption Deed as Having Presumptive Value Only because it is Registered |
| Thu, 10 Apr 2025 12:04:17 IST |
| Bombay HC has observed that only because the adoption deed is a registered document it cannot be accepted as having presumptive value under Section 16 of the Hindu Adoption and Maintenance Act, 1956. |
| INSOLVENCY - NCLAT: No Requirement of Opportunity of Being Heard at Stage of Report Submission u/s 99 of IBC |
| Thu, 10 Apr 2025 12:04:05 IST |
| NCLAT New Delhi bench has held that there is no requirement of the opportunity of being heard at the stage when a report under Section 99 of the Insolvency and Bankruptcy Code, 2016 is submitted as the role of the Resolution Professional at this stage is only recommendatory and not adjudicatory. |
| CIVIL - SC: All Proceedings Related to Land Allotment for Bom. HC's New Complex Must be Heard by Bombay HC |
| Thu, 10 Apr 2025 12:03:54 IST |
| Supreme Court has directed consolidation of all proceedings related to the issue of additional land allotment for Bombay High Court's new complex before the Bombay High Court and stated that no other court, except the High Court, shall entertain any other proceedings with regard to any issue. |
| INSURANCE - Supreme Court: Can't Deny Insurance Claim for Breach of Impossible Condition |
| Wed, 09 Apr 2025 11:56:21 IST |
| Supreme Court held that the claim of insured cannot be rejected by an insurance company on the grounds of breach of a condition in the contract that was impossible to perform. |
| SERVICE - SC: 3 Judge Bench Dismisses Appeals of Candidates to Submit Caste Certificates Beyond Cut-Off Date |
| Wed, 09 Apr 2025 11:56:10 IST |
| Supreme Court has dismissed appeals filed by certain candidates who were denied appointment at the post of Civil Judge by the Rajasthan High Court on the ground that the candidates submitted their caste certificates after the cut-off date. |
| ENVIRONMENT - SC: MCD to Start Massive Awareness Campaign to Inform Public about Duties of Waste Generators |
| Wed, 09 Apr 2025 11:56:01 IST |
| Supreme Court has directed the Municipal Corporation of Delhi (MCD) to start massive awareness campaigns about the duties of various stakeholders under Rule 4 of Solid Waste Management Rules, 2016 by making advertisements in media both traditional, electronic and social media platforms. |
| CONTRACT - SC: No Bar on Exclusive Jurisdiction Clause in Contracts through Section 28 of Contract Act |
| Wed, 09 Apr 2025 11:55:51 IST |
| Supreme Court has held that Section 28 of the Contract Act, 1872 does not bar exclusive jurisdiction clauses in employment contracts, which confer exclusive jurisdiction on the courts of a particular location to decide disputes relating to the contract. |
| CONSTITUTION - Centre Notifies Effective Date of Waqf (Amendment) Act 2025 |
| Wed, 09 Apr 2025 11:55:40 IST |
| Central Government has notified that 8th April, 2025 shall be the date from which provisions of the Waqf (Amendment) Act, 2025 shall come into force. |
| MEDIA AND COMMUNICATION - Delhi HC Upholds Direction of Single Judge Asking Wikimedia to Remove Defamatory Content of ANI |
| Wed, 09 Apr 2025 11:55:29 IST |
| Delhi High Court has upheld the order passed by Single Judge directing Wikimedia Foundation to remove defamatory content and description of news agency ANI Media Private Limited. |
| CRIMINAL - Delhi HC: Place Where Tormented Lady Gets Compelled to Kill Herself has No Bearing |
| Wed, 09 Apr 2025 11:55:18 IST |
| Delhi High Court has stated that place where a tormented lady gets compelled to kill herself has no bearing. For purposive interpretation of the provision under Section 304B of IPC, it is the existence and continuance of matrimony which has to be kept in mind and not the place. |
| INSOLVENCY - NCLAT: Court Must Adopt Lenient Approach While Condoning Delay in Refiling |
| Wed, 09 Apr 2025 11:55:08 IST |
| NCLAT New Delhi bench has held that the court must adopt a lenient approach while condoning the delay in refiling an appeal. However, sufficient cause must still be shown before such application can be allowed. |
| INSOLVENCY - NCLAT: Serving Notice on E-Mail Provided in Section 7 Petition is Sufficient Compliance |
| Wed, 09 Apr 2025 11:54:57 IST |
| NCLAT New Delhi bench has held that serving notice on the e-mail address provided in petition under Section 7 of the Insolvency and Bankruptcy Code, 2016 is sufficient compliance with Rule 38(1) of the NCLT Rules. |
| INSOLVENCY - NCLAT: Under Section 99 of IBC Ten-Day Time Period is Directory Not Mandatory |
| Wed, 09 Apr 2025 11:54:46 IST |
| NCLAT New Delhi bench has held that under Section 99 of the Insolvency and Bankruptcy Code, 2016 the ten day period within which the Resolution Professional has to submit the report after appointment is directory not mandatory. |
| INSOLVENCY - NCLAT: Can't Entertain Petition u/s 7 on Basis of Guarantee Invoked During Prohibited Period |
| Wed, 09 Apr 2025 11:54:35 IST |
| NCLAT New Delhi bench has held that an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 cannot be maintained if guarantee is invoked during the period prohibited under Section 10A of IBC. |
| INSOLVENCY - Homebuyers Seek Review of Judgment Classifying Greater Noida Industrial Authority as Secured Cred. |
| Wed, 09 Apr 2025 11:54:24 IST |
| Homebuyers' association has filed a plea in the Supreme Court seeking review of its judgment classifying Greater Noida Industrial Development Authority as a 'secured creditor' for purposes of CIRP under Insolvency and Bankruptcy Code, 2016. |
| CONSTITUTION - SC: Tamil Nadu Governor's Act of Withholding Assent for 10 Bills is Illegal and Erroneous |
| Tue, 08 Apr 2025 12:24:05 IST |
| Supreme Court has held that the Tamil Nadu Governor's action of withholding assent for 10 bills is "illegal" and "arbitrary". The Court further ruled that the Governor cannot reserve Bills for the President after withholding assent. |
| CIVIL - SC: No Provision Under Registration Act, 1908 Allows Authority to Ascertain if Vendor has Title |
| Tue, 08 Apr 2025 11:01:03 IST |
| SC has observed that no provision under the Registration Act, 1908 confers power on any authority to refuse registration of a transfer document on the ground that the documents regarding the title of the vendor are not produced, or if his title is not established. |
| ADMINISTRATIVE - SC Expresses Displeasure at Instances of UP Police Turning Civil Disputes Being into Criminal Dispute |
| Tue, 08 Apr 2025 11:00:53 IST |
| Supreme Court has expressed displeasure at the act of UP Police turning civil disputes into criminal cases. The Court termed it as a 'complete breakdown of the Rule of Law' and warned of imposition of costs on the State of UP. |
| CAPITAL MARKET - Supreme Court: Principle of Res Judicata Applies to Quasi-Judicial Proceedings |
| Tue, 08 Apr 2025 11:00:42 IST |
| Supreme Court while reiterating that the principle of res judicata applies to quasi-judicial proceedings, has upheld the decision of Securities Appellate Tribunal and held that it is not open to SEBI to claim that it could pass multiple final orders on the same cause of action. |
| CRIMINAL - SC: Action of Public Officer in Excess of Authority Would Attract Protection if Reasonable Nexus Show |
| Tue, 08 Apr 2025 11:00:32 IST |
| SC has observed that any action undertaken by a public officer, even if in excess of authority vested in them would nonetheless attract statutory protection, provided there exists a reasonable nexus between the act complained of and the officer's official functions. |
| ELECTRICITY - SC to Decide if Term 'Regulate' in Electricity Act Covers Trade Regulation in Electricity Industry |
| Tue, 08 Apr 2025 11:00:21 IST |
| Supreme Court is set to decide whether the word "regulate" under Section 79(1) of the Electricity Act, 2003 is limited to framing of regulations or subordinate legislation, or can it extend to regulation of trade in the electricity industry. |
| SERVICE - Delhi HC: Can't Appreciate Delhi Govt.'s Callousness in Filling up DCPCR Vacancies |
| Tue, 08 Apr 2025 11:00:09 IST |
| Delhi HC has held that it cannot appreciate the callousness on the part of the Delhi Government in filling up vacancies in the DCPCR. The Court stated that on account of vacancies such functions are not being performed as a result of which it is the rights of children which take a back seat. |
| CIVIL - Delhi High Court Directs Maintenance of Status Quo on Construction inside Kalan Masjid |
| Tue, 08 Apr 2025 10:59:59 IST |
| Del. High Court has directed the maintenance of status quo as regards any construction inside a 14th Century mosque, Kalan Masjid. The Court directed the Municipal Corporation of Delhi (MCD) and Archaeological Survey of India (ASI) to carry out a joint inspection of the property and submit a report. |
| SERVICE - Rajasthan HC: Re-Evaluation Result Would Not Relate Back to the Date of Original Declaration of Resul |
| Tue, 08 Apr 2025 10:59:48 IST |
| Rajasthan HC has observed that re-evaluation result would not relate back to the date of original declaration of result. Hence, one cannot claim himself/ herself as eligible for the advertised post, as he or she had been declared as "pass" after the last for submission of their application form". |
| MEDIA AND COMMUNICATION - Wikimedia Moves Delhi HC against Order Directing it to Remove Defamatory Content of ANI |
| Tue, 08 Apr 2025 10:59:37 IST |
| Wikimedia Foundation has moved the Delhi High Court against an order directing it to remove defamatory content and description of news agency ANI Media Private Limited. |
| ARBITRATION - Supreme Court: Must Not Rigidly Interpret Three-Month Limitation Period under A&C Act |
| Mon, 07 Apr 2025 12:08:13 IST |
| Supreme Court has observed that for challenging an arbitral award the three-month limitation period under Section 34(3) of the Arbitration & Conciliation Act, 1996 must not be interpreted rigidly as exactly ninety days. Rather it should be interpreted as three calendar months. |
| INSOLVENCY - SC: Where Judgment Pronounced in Open Court, Limitation Period Starts Running from that Very Day |
| Mon, 07 Apr 2025 12:08:02 IST |
| SC has observed that the incident which triggers limitation period to commence under IBC is the date of pronouncement of order and in case of non-pronouncement of order when hearing concludes. However, where judgment was pronounced in open Court, limitation period starts running from that very day. |
| MEDIA AND COMMUNICATION - SC Refuses to Entertain PIL Seeking Prohibition on Social Media Usage for Children Below 13 Years |
| Mon, 07 Apr 2025 12:07:52 IST |
| Supreme Court while refusing to entertain a Public Interest Litigation (PIL) seeking prohibition on social media usage for children below 13 years of age, has stated that the issue lies in policy domain. |
| LAND ACQUISITION - SC: Potentiality of Land is also to be Taken into Consideration While Assessing Market Value |
| Mon, 07 Apr 2025 12:07:41 IST |
| SC has observed that while determining land acquisition compensation the potentiality of the land is also to be taken into consideration while assessing the market value. It has been held that potentiality is the use to which the land is put to use or reasonably capable of being put to use. |
| SERVICE - SC: Teacher in Service on 10.8.2017 with 18 Month D.El.Ed before 1.4.2019 at Par with Diploma Holder |
| Mon, 07 Apr 2025 12:07:31 IST |
| Supreme Court has observed that teachers who were in employment as on 10.08.2017 and who completed the 18 months D. El. Ed. (ODL) programme through NIOS before 1.04.2019 shall be considered as valid diploma holders for the purpose of applying in other institutions and/or for promotional avenues. |
| SERVICE - SC: Can't Recover Excess Payments Made to Employee in Absence of Fraud or Misrepresentation |
| Mon, 07 Apr 2025 12:07:21 IST |
| Supreme Court has observed that if an excess payment made to an employee was not on account of any fraud or misrepresentation on the part of the employee then such payment cannot be recovered by the employer. |
| CIVIL - Supreme Court: Maintain Status Quo on Demolitions in Gurugram's DLF City |
| Mon, 07 Apr 2025 12:07:10 IST |
| Supreme Court while issuing notice on batch of petitions filed by aggrieved residents of Gurugram's DLF City, has directed maintenance of status quo in respect of unauthorized constructions in respect of direction passed by Punjab and Haryana High Court to take prompt action. |
| CIVIL - SC: In Absence of Prayer for Declaratory Relief, Suit for Specific Performance is Not Maintainable |
| Mon, 07 Apr 2025 12:06:59 IST |
| Supreme Court has observed that in absence of a prayer for declaratory relief that termination/cancellation of the agreement is bad in law, a suit for specific performance is not maintainable. |
| LIMITATION - SC: Once Limitation Act applies, all its provisions will Apply to the proceedings under Public Premis |
| Mon, 07 Apr 2025 12:06:49 IST |
| SC has observed that a party cannot argue that only section 3 of Limitation Act along with the limitation provided under Limitation Act will apply and not section 18 of the same Act. Once the Limitation Act applies, all its provisions will be applicable to the proceedings under Public Premises Act. |
| CRIMINAL - AP HC: Revealed Particulars of Invest. Not Adequately Substantiated Can Damage Reputation of Persons |
| Mon, 07 Apr 2025 12:06:39 IST |
| AP High Court has observed that if the particulars of the investigation, those revealed during the early stages, are not adequately substantiated or are based on incomplete or inaccurate information, it could severely damage the reputations of the individuals who have been named. |
| CONSUMER - Bombay High Court: One Needs to be Mindful of the Object Behind the Consumer Protection Act |
| Mon, 07 Apr 2025 12:06:26 IST |
| Bombay High Court has observed that one needs to be mindful of the object behind the Consumer Protection Act, 1986 that an untrained, unwary consumer because of unequal bargaining power ought not to be deprived of his legal rights. |
| SERVICE - J&K HC: Administrative Officers Can't Claim Seniority on Basis of Unfilled Vacancies |
| Mon, 07 Apr 2025 12:06:16 IST |
| Jammu & Kashmir and Ladakh High Court has held that claim of seniority by administrative officers cannot be on the basis of unfilled vacancies from previous years and the only valid criterion for determining service hierarchy is the actual date of promotion. |
| INSOLVENCY - NCLAT: Adjudicating Authority Must Conduct Independent Assessment under IBC |
| Mon, 07 Apr 2025 12:06:05 IST |
| NCLAT New Delhi bench has held that while considering the report of the Resolution Professional submitted under Section 99 of the Insolvency and Bankruptcy Code, 2016, Adjudicating Authority must conduct its independent assessment and cannot merely accept findings of the Resolution Professional. |
| CRIMINAL - J&K HC: Can't Put Accused under Prev. Detention Only because His Release Affects Public Confidence |
| Mon, 07 Apr 2025 12:05:54 IST |
| Jammu and Kashmir High Court has held that an accused who has secured bail cannot be put under preventive detention merely on the ground that his release will have an impact upon public confidence. |
| INSOLVENCY - NCLAT: Committee of Creditors Within its Right to Resolve to Liquidate Go Airlines |
| Mon, 07 Apr 2025 12:05:43 IST |
| NCLAT New Delhi bench has held that in absence of any compliant resolution plan, Committee of Creditors (CoC), acting in accordance with Section 33(2) of the Insolvency and Bankruptcy Code, 2016, was within its rights to resolve to liquidate the Corporate Debtor, Go Airlines (India) Ltd. |
| INSOLVENCY - NCLAT: Can't Preclude Financial Creditors from Filing Applic. in Case of Settlement Agreement Breach |
| Mon, 07 Apr 2025 12:05:32 IST |
| NCLAT New Delhi bench has held that merely because financial creditors have entered into a settlement agreement with the corporate debtor that was subsequently breached, they cannot be precluded from filing an application under Section 7 of the Insolvency and Bankruptcy Code, 2016. |
| INSOLVENCY - NCLT: Can't Call Speculative Investment a 'Financial Debt' in Absence of Commercial Effect of Borrowi |
| Mon, 07 Apr 2025 12:05:22 IST |
| NCLT New Delhi bench while dismissing an application under Section 7 of the Insolvency and Bankruptcy Code (IBC), 2016 has held that a speculative investor cannot claim status and benefits as a 'financial creditor' in absence of interest in financial well-being of Corporate Debtor. |
| INSOLVENCY - NCLAT: Assets Reflecting in Corporate Debtor's Balance Sheet form Part of Liquidation Estate |
| Mon, 07 Apr 2025 12:05:12 IST |
| NCLAT New Delhi bench has held that assets reflecting in the Corporate Debtor's balance sheet form part of the liquidation estate under Section 36 of the Insolvency and Bankruptcy Code, 2016 (IBC). |
| INSOLVENCY - NCLAT: Can File Appeal against NCLT Order Initiating Insolvency Process against Personal Guarantors |
| Mon, 07 Apr 2025 12:05:00 IST |
| NCLAT New Delhi bench has held that personal guarantors can file appeal under Section 61 of Insolvency and Bankruptcy Code, 2016 against NCLT's order directing the initiation of the Personal Insolvency Resolution Process (PIRP) as NCLT is the appropriate forum for initiating insolvency proceedings. |
| CONSTITUTION - Rajya Sabha Passes Waqf (Amendment) Bill, 2025 |
| Fri, 04 Apr 2025 12:03:59 IST |
| Rajya Sabha has passed the Waqf (Amendment) Act, 2025 a day after it was passed by the Lok Sabha. The bill was passed with 128 votes favouring and 95 votes opposing it. |
| SERVICE - SC Lays Down Key Principles for Courts When Dealing with Challenges to Appointment |
| Fri, 04 Apr 2025 12:03:49 IST |
| Supreme Court has laid down key principles to be considered by the Court when it is tasked with the issue of whether the entire selection procedure should be struck down when riddled with irregularities. |
| SERVICE - SC: Candidate Can't Claim Equitable Relief if Appointment is Illegal |
| Fri, 04 Apr 2025 12:03:39 IST |
| Supreme Court has observed that a candidate cannot claim equitable relief under Article 142 of the Constitution of India if the candidate gained entry through a process which was not legal and valid. |
| ENVIRONMENT - SC Reserves Judgment on Pleas Challenging Centre's Order Allowing Ex-Post Facto Clearance |
| Fri, 04 Apr 2025 12:03:27 IST |
| Supreme Court has reserved its judgment on pleas challenging notifications issued by the Central Government that allowed ex-post facto clearance for mining projects without the requisite clearance under Environment Impact Assessment (EIA) Notification, 2006. |
| LABOUR AND INDUSTRIAL - SC: Can't Deny Bonus to Workers on Ground of Factories being Run by Charitable Trust |
| Fri, 04 Apr 2025 12:03:16 IST |
| Supreme Court has held that workers in a factory cannot be denied bonus on the ground that the factories are being run by a charitable trust. |
| ENVIRONMENT - SC Stops Felling of Trees in Kancha Gachibowli Area in Hyderabad |
| Fri, 04 Apr 2025 12:03:06 IST |
| Supreme Court has directed to stop large-scale felling of trees in the Kancha Gachibowli area in Hyderabad and warned of strict action against the Chief Secretary of the State in case of non-compliance of the order. |
| ENVIRONMENT - SC Passes Order Imposing Year Long Ban on Firecrackers in Delhi NCR |
| Fri, 04 Apr 2025 12:02:56 IST |
| SC has passed an order imposing ban of one year on the use, manufacture, sale and storage of firecrackers in the Delhi-National Capital Region. The Court observed that right to health is an essential part of Article 21 of the Constitution of India so is right to live in a pollution-free atmosphere. |
| CRIMINAL - SC: Onus Not on Complainant to Prove Financial Capacity at Threshold |
| Fri, 04 Apr 2025 12:02:46 IST |
| Supreme Court has observed that the onus is not on the complainant at the threshold to prove his capacity/financial wherewithal to make the payment in discharge of which the cheque is alleged to have been issued in his favour. |
| CIVIL - Judges of Supreme Court Decide to Make their Asset Declaration Public |
| Fri, 04 Apr 2025 12:02:37 IST |
| Supreme Court judges have agreed to make declaration of their assets publicly available as a step towards transparency and boosting public confidence in the judiciary. |
| PROPERTY - SC: Limitation Begins from Date of Registration of Sale Deed that Constitutes Constructive Notice |
| Fri, 04 Apr 2025 12:02:27 IST |
| Supreme Court while overturning High Court's decision upholding a decree in a partition suit filed 45 years after the sale deed was registered, has noted that limitation period begins from the date of registration of the sale deed that constitutes a constructive notice. |
| ELECTRICITY - SC: Electricity Act Empowers State Commissions to Regulate Open Access Within their Respective States |
| Fri, 04 Apr 2025 12:02:16 IST |
| SC has observed that Section 42(2) of the Electricity Act, 2003 expressly empowers State Commissions to regulate open access within their respective states, ensuring fair and non-discriminatory access to transmission and distribution networks within the state. |
| CRIMINAL - J&K HC: Govt. Failing to Communicate Rejection of Detenue's Representation in Time Vitiates Order |
| Fri, 04 Apr 2025 12:02:05 IST |
| Jammu and Kashmir and Ladakh High Court has held that the failure on part of the Government to timely communicate the rejection of detenue's representation is sufficient to vitiate the detention order. |
| CIVIL - Kerala HC: Can't Consider Co-Opted Members of Bar Council as Separate Class from Elected Members |
| Fri, 04 Apr 2025 12:01:56 IST |
| Kerala High Court while hearing a petition filed by 2 co-opted members of the Bar Council of Kerala, has held that co-opted members of the Bar Council cannot be considered as a separate class from elected members. |
| INSOLVENCY - NCLAT: Unless Amendment Application Filed, Authority Can't Suo Motu Amend Date of Default |
| Fri, 04 Apr 2025 12:01:45 IST |
| NCLAT New Delhi bench has held that unless an amendment application is filed, the adjudicating authority cannot suo moto amend the date of default mentioned in the insolvency application as doing so would amount to exceeding its jurisdiction. |
| LAW OF EVIDENCE - Allahabad HC: Huge Difference between Executing a Particular Document and Being a Witness |
| Fri, 04 Apr 2025 12:01:35 IST |
| All. HC has observed that there is a huge difference between executing a particular document and being a witness to the same document. The witness does not in any manner agree to the terms and conditions in the lease deed while a person who executes the document agrees to the terms and conditions. |
| MOTOR VEHICLES - Delhi HC: 'High Speed' Not Sufficient to Conclude Driver Acted in Rash and Negligent Manner |
| Fri, 04 Apr 2025 12:01:26 IST |
| Delhi High Court while discharging a man accused of driving his car in high speed, has observed that 'high speed' of a vehicle is not sufficient to conclude that the driver acted in "rash and negligent" manner. |
| ARBITRATION - J&K HC: Limitation for Challenging Award Starts after Signed Copy is Received by Party |
| Fri, 04 Apr 2025 12:01:17 IST |
| Jammu and Kashmir High Court has held that limitation period for challenging an award would start only after the signed copy is received by the party seeking to challenge the award as the delivery of a signed copy of the arbitral award is the mandatory requirement under the A&C Act, 1996. |
| INTELLECTUAL PROPERTY RIGHTS - Delhi HC Directs Removal of 'Kindpan' Trademark in Petition Filed by 'Mankind' |
| Fri, 04 Apr 2025 12:01:07 IST |
| Delhi High Court has directed the removal of trademark 'Kindpan' in a petition filed by Mankind Pharma Limited on the ground that it is the owner of 'Mankind' and 'Kind' marks. |
| INSOLVENCY - NCLAT: Can't Set Aside Liquidation Order u/s 33 IBC When 3rd Party has Taken Possession of Property |
| Fri, 04 Apr 2025 12:00:58 IST |
| NCLAT New Delhi bench has held that liquidation order passed under Section 33(2) of the Insolvency and Bankruptcy Code, 2016 cannot be set aside once the Successful Auction Purchaser has taken possession of the corporate debtor's property after sale conducted by liquidator. |
| CONSTITUTION - Lok Sabha Passes the Waqf (Amendment) Bill, 2025 |
| Thu, 03 Apr 2025 15:31:23 IST |
| Lok Sabha has passed the Waqf (Amendment) Bill, 2025 in the ongoing budget session of Parliament. The bill was passed with 288 votes in favour and 232 votes against it. |
| SERVICE - SC: No Rule that Candidates with Higher Qualification Must be Preferred for Post |
| Thu, 03 Apr 2025 15:31:12 IST |
| Supreme Court has observed that there is no general rule that candidates having higher qualification must be preferred over candidates having basic qualification required for a post. |
| CUSTOMS - Delhi HC: Preserve CCTV Footage When Complaint against Dept. Regarding Illegal Detention in Received |
| Thu, 03 Apr 2025 15:31:01 IST |
| Delhi High Court has directed that the Customs department must preserve CCTV footage whenever a complaint is received regarding illegal detention of a traveller's foreign currency. |
| CIVIL - SC: To Prevent Re-Litigation, Quasi-Judicial Bodies are Bound by Principles of Res-Judicata |
| Thu, 03 Apr 2025 15:30:51 IST |
| Supreme Court while setting aside Rajasthan High Court's order, has observed that to prevent re-litigation on the same issue the quasi-judicial bodies are also bound by the principles of res-judicata. |
| MOTOR VEHICLES - Kar. HC: Rapido, Uber Can't Operate in State Unless Relevant Guidelines Issued |
| Thu, 03 Apr 2025 15:30:40 IST |
| Karnataka High Court while directing the State Government to ensure that all bike taxi operations cease to operate in the State, has held that bike taxi aggregators like Rapido, Uber etc cannot operate in State unless relevant guidelines are issued. |
| CIVIL - SC Refuses to Direct States to Establish Public Libraries |
| Thu, 03 Apr 2025 15:30:29 IST |
| Supreme Court while refusing to direct State Governments to establish public libraries in rural areas, has observed that there are more pressing issues in rural development and Court cannot pass directions on how the resources should be allocated. |
| TENANCY - Bom. HC: Can't Evict Tenants Under Arbitration Act if Occupying Premises Falling under DA |
| Thu, 03 Apr 2025 15:30:19 IST |
| Bombay HC has observed that tenants occupying premises that fall under Development Agreement cannot be evicted under Section 9 of the Arbitration and Conciliation Act, 1996. |
| CIVIL - Kar. HC Refuses to Entertain Petition Seeking Implementation of Circular Regarding Usage of 'Dalit' |
| Thu, 03 Apr 2025 15:30:08 IST |
| Karnataka High Court has refused to entertain a petition that sought implementation of the government circular asking all its departments and authorities to avoid using the nomenclature "Dalit" for members belonging to the Scheduled Castes during all official transactions. |
| SERVICE - Bombay HC: Condition that Younger Candidate Would be Preferred Over Older Candidate Violates COI |
| Thu, 03 Apr 2025 15:29:56 IST |
| Bom. HC while hearing a petition challenging Indian Oil Corporation Limited's (IOCL) policy for the selection of service providers, has held that a tender prescribing condition that in case of tie breaker a younger candidate would be preferred over an older candidate is arbitrary under A. 14 of COI. |
| ADMINISTRATIVE - AP HC: Court Possesses Limited Scope of Judicial Review in Transfer Cases on Account of Exigencies |
| Thu, 03 Apr 2025 15:29:45 IST |
| Andhra Pradesh High Court has held that in cases relating to transfers made on account of administrative exigencies, the Court possesses very limited scope of judicial review. In absence of any arbitrary and malafide attributions being made or established the decision cannot be interfered with. |
| INTELLECTUAL PROPERTY RIGHTS - Delhi High Court Passes Permanent Injunction in Favour of 'Peak XV Partners' |
| Thu, 03 Apr 2025 15:29:34 IST |
| Delhi High Court has passed permanent injunction of in favour of Peak XV Partners Advisors India LLP against passing off of its trademark 'Peak XV Partners' through fraudulent website, apps, WhatsApp. The Court observed that there was a clear intent to defraud and deceive the public. |
| CONSTITUTION - Lok Sabha Confirms Imposition of President Rule in Manipur |
| Thu, 03 Apr 2025 15:29:23 IST |
| Lok Sabha has adopted a statutory resolution confirming the imposition of President's rule in Manipur. The Union Home Minister has stated that the Government has taken all necessary steps to bring back normalcy in restive Northeastern state. |
| CRIMINAL - SC: Can Summon Additional Accused on Basis of Witness Statement Without Cross-Examination |
| Wed, 02 Apr 2025 16:00:42 IST |
| Supreme Court has observed that additional accused can be summoned on the basis of unrebutted examination-in-chief of the witness without the need to wait for conclusion of cross-examination. |
| CIVIL - SC: Court May Award Interest Higher than 6% in Commercial Transactions |
| Wed, 02 Apr 2025 16:00:31 IST |
| Supreme Court has observed that in a commercial transaction, in absence of an agreement between the parties regarding the rate of interest on delayed payment the Court may award interest higher than 6% after taking into account the facts and circumstances in accordance with law. |
| CRIMINAL - SC Issues Notice in YouTuber's Plea to Quash Criminal Proc. for Disclosing Identity of POCSO Victim |
| Wed, 02 Apr 2025 16:00:21 IST |
| Supreme Court has issued notice on a plea filed by a YouTuber for quashing criminal proceedings initiated against him for disclosing victim's identity in a POCSO Case. The Court stayed the trial and stated that the police authorities appeared to be 'persecuting' the accused. |
| CIVIL - SC Directs UP Authority to Pay Compensation to Individuals Whose Houses Were Illegally Demolished |
| Wed, 02 Apr 2025 16:00:10 IST |
| Supreme Court has directed Prayagraj Development Authority to pay compensation of 10 lakhs each to six individuals for illegal demolition of their houses. The Court stated that authorities must remember that the right to shelter is also an integral part of Article 21 of the Constitution of India. |
| SERVICE - SC Clarifies if Assistant Profs. in Engineering Colleges be Re-designated as Associate Profs. Without |
| Wed, 02 Apr 2025 15:59:59 IST |
| Supreme Court has held that Assistant Professors in Engineering institutes who are appointed after 15.03.2000, who were non-Ph.D and had also failed to acquire the same within seven years of appointment as was required, cannot be re-designated as an Associate Professor. |
| CIVIL - Del. HC Directs Removal of Defamatory Content on ANI's Wikipedia Page |
| Wed, 02 Apr 2025 15:59:48 IST |
| Delhi High Court has directed Wikimedia Foundation to remove defamatory statements published against ANI Media Private Limited on its Wikipedia page. |
| INSOLVENCY - Supreme Court: Piramal's Resolution Plan for DHFL Upheld |
| Wed, 02 Apr 2025 15:59:37 IST |
| Supreme Court while setting aside the NCLAT order, has approved the Resolution Plan proposed by Piramal Capital and Housing Finance for the erstwhile Dewan Housing Finance Corporation Ltd. |
| SERVICE - SC: Can't Initiate Disciplinary Proceedings against Officer for Merely Passing Wrong Order |
| Wed, 02 Apr 2025 15:59:26 IST |
| Supreme Court while quashing disciplinary proceedings against a quasi-judicial officer, has observed that merely passing wrong order in good faith cannot justify disciplinary action. |
| CIVIL - SC: No Interference with Allahabad HC's Order Directing Whitewash Sambhal Mosque's Exterior Walls |
| Wed, 02 Apr 2025 15:59:14 IST |
| Supreme Court while hearing a matter challenging Allahabad High Court's order directing the Archeological Survey of India (ASI) to whitewash the Sambhal Jama Mosque's exterior walls has shown disinclination to entertain the petition. |
| CONTEMPT OF COURT - SC Withdraws Order Stating Advocates Committed Contempt by Filing Vexatious Petition |
| Wed, 02 Apr 2025 15:59:04 IST |
| Supreme Court has withdrawn its order which held two advocates guilty of contempt of court by filing a vexatious petition after opposition from the members of the bar. |
| CIVIL - SC Refuses to Entertain Petition Challenging Validity of Places of Worship Act |
| Wed, 02 Apr 2025 15:58:54 IST |
| Supreme Court has refused to entertain a petition challenging validity of S.4(2) of the Places of Worship Act 1991 which provides termination of any legal proceedings on the religious character of a place of worship initiated before August 15, 1947, on the commencement of the Act. |
| CRIMINAL - AP HC: Rape Cannot be Considered As a Mere Physical Assault |
| Wed, 02 Apr 2025 15:58:43 IST |
| Andhra Pradesh High Court has held that rape cannot be considered as a mere physical assault. Therefore, the cases relating to granting of bail in offences of rape are required to be approached differently. |
| CIVIL - Ker. HC: State Government to Implement its Monthly Scholarship Scheme for Disabled Children |
| Wed, 02 Apr 2025 15:58:33 IST |
| Kerala High Court has directed the State to ensure strict compliance of its 2015 policy for persons with disabilities providing for monthly scholarship scheme and provide for consequences, place responsibilities, and take disciplinary action. |
| CRIMINAL - SC Explains Difference between FIR Registration Provisions under CrPC and BNSS |
| Wed, 02 Apr 2025 15:58:20 IST |
| SC while explaining the difference between FIR registration provisions under CrPC & BNSS has observed that while Section 173(1) of BNSS is similar to Section 154 CrPC regarding recording of information, the additional provision of preliminary inquiry under Section 173(3) is a significant departure. |
| ARBITRATION - Delhi HC: Schedule IV of Arbitration Act Not Mandatorily Applicable on International Arbitrations |
| Wed, 02 Apr 2025 15:58:10 IST |
| Delhi High Court has observed that the IVth Schedule of the Arbitration and Conciliation Act, 1996 pertaining to fees of the arbitrator will not apply mandatorily to an international commercial arbitration in view of Explanation to Section 11(14) of the Act. |
| CIVIL - Bombay High Court Allows Retail Store in Pune to Operate 24*7 |
| Wed, 02 Apr 2025 15:58:00 IST |
| Bombay High Court has allowed a retail store in Pune to operate 24x7 and observed that this concept brings convenience, ease and flexibility to the consumers to make purchases, more particularly for the persons with non-standard working hours. |
| CIVIL - Bom. HC: Citizens Don't Have Fundamental Right to be Buried at a Specific Place |
| Wed, 02 Apr 2025 15:57:47 IST |
| Bombay High Court while directing removal of a crematorium constructed nearby residential societies, has held that the citizens do not have a fundamental right to be cremated or buried at a specific place. |
| SERVICE - AP HC: Mere Projection of Prejudice Not Sole Ground to Brush Aside Principles of Natural Justice |
| Wed, 02 Apr 2025 15:57:32 IST |
| AP HC has observed that the doctrine of prejudice does not supplant the principles of natural justice but operates as an integral part. Therefore, mere projection of argument of prejudice by itself is not a sole ground to brush aside the applicability of principles of natural justice. |
| ARBITRATION - Delhi HC: Delay in Publication of Award Doesn't Invalidate the Award |
| Wed, 02 Apr 2025 15:57:19 IST |
| Delhi High Court has observed that delay in publication of award does not render the award invalid unless it is shown that rights of the parties are materially affected by the award. |
| CRIMINAL - SC Acquits Man in 30-Year-Old Murder Case Stating Possibility of False Accusation Due to Prior Enmity |
| Mon, 31 Mar 2025 13:59:42 IST |
| The Supreme Court while acquitting accused in 30-year-old murder case observed that though hostility between parties can establish a motive for committing crime, it also raises possibility of false accusations driven by personal grudge. |
| CRIMINAL - SC on Abetment to Suicide: There Must be Close Proximity Between Instigation by Accused & Suicide |
| Mon, 31 Mar 2025 13:59:31 IST |
| Supreme Court while observing that there must be a proximity between positive act of instigation by accused person and commission of suicide by victim has upheld the quashing of an abetment to suicide case against business partner of deceased who committed suicide alleging harassment by accused. |
| SERVICE - SC: Appointing Authority's Approval Not Required for Initiating Disciplinary Action |
| Mon, 31 Mar 2025 13:59:21 IST |
| The Supreme Court, after referring to Article 311(1) of the Constitution has clarified that while appointing authority's approval is necessary for dismissal, it is not required for initiating disciplinary action against Government Employee under this Article. |
| CONSTITUTION - SC: Police Officers Constitutionally Bound to Protect Freedom of Expression |
| Mon, 31 Mar 2025 13:59:11 IST |
| Supreme Court has emphasized that police officers have a duty to abide by Constitution and respect its ideas as part of State under Article 12 of the Constitution. It further added that they are bound to honour and uphold freedom of speech and expression conferred on all citizens. |
| CUSTOMS - SC to Custom Authorities: Upgrade Lab Facilities for Proper Testing of Disputed Articles |
| Mon, 31 Mar 2025 13:58:30 IST |
| Supreme Court while reversing the confiscation of imported goods labeled as "Base Oil SN 50" classified as "High Speed Diesel (HSD)" has directed Custom authorities to upgrade lab facilities within six months to ensure full IS-Standard testing and prevent further disputes. |
| CRIMINAL - Telangana HC: Cohabitation on Pretext of False Divorce from First Wife Amounts to Rape |
| Mon, 31 Mar 2025 13:58:21 IST |
| The Division bench of Telangana High Court has held that cohabitation built on deception without proven customary divorce from first wife amounts to rape. It further stated that accused would be guilty of offence punishable U/S 375 and 376 of IPC and alternatively, under Sections 63 and 64 of BNS. |
| PROPERTY - SC: Homebuyer Entitled to Refund and Cannot be Forced to Accept Possession after Undue Delay |
| Fri, 28 Mar 2025 12:33:38 IST |
| The Supreme Court has observed that after an undue delay, a homebuyer cannot be forced to accept possession of the property and is entitled to a refund if the unit is not delivered within the agreed time frame. |
| CRIMINAL - SC: Truth Behind Complaints Must be Ascertained Before Summoning Accused |
| Fri, 28 Mar 2025 12:33:29 IST |
| The Supreme Court, while quashing a cheque dishonor complaint under the Negotiable Instruments Act, has stated that the recording of the complainant's statement on oath was not an empty formality and magistrates must put questions to elicit the truth. |
| FAMILY - SC Dismisses Mother's Plea to Evict Son from Ancestral Home under Senior Citizens Act |
| Fri, 28 Mar 2025 12:33:19 IST |
| SC while observing that eviction of children is not mandatory in every case, stated that provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007, nowhere specifically provide for drawing proceedings for eviction of persons from any premises owned or belonging to senior person. |
| CRIMINAL - SC: 'Moratorium' of 1 Year Cannot be Imposed by High Court to Apply for Bail Afresh |
| Fri, 28 Mar 2025 12:33:10 IST |
| Supreme Court, while setting aside a condition imposed upon a bail applicant by the Patna HC stating that the accused can only seek bail afresh after 1 year of the framing of the charges, has observed that the HC could not have imposed a "moratorium of one year" for moving a fresh bail application. |
| CIVIL - Delhi HC Decides Upon When Hyperlinking of Publication Would Amount to Republication |
| Fri, 28 Mar 2025 12:33:00 IST |
| Delhi HC observed, "if the hyperlinking of publication is done in a manner in which it refers to the content that conveys defamatory meaning, not because a reference was created, but because, if understood in context, it actually expressed something defamatory, then it would amount to republication" |
| CIVIL - Del. HC Upholds Rules Barring Retired Judges of Other States from Applying for Sr. Adv. Designation |
| Fri, 28 Mar 2025 12:32:51 IST |
| The Delhi High Court has upheld the constitutional validity of Rule 9B of the High Court of Delhi Designation of Senior Advocate Rules, 2024, prohibiting retired judges of other States from applying for senior advocate designation in Delhi. |
| MEDIA AND COMMUNICATION - Delhi HC Defers Release of Tamil Film 'Veera Deera Sooran' by 4 Weeks |
| Fri, 28 Mar 2025 12:32:40 IST |
| The Delhi High Court has stayed the release of Tamil film 'Veera Deera Sooran' by four weeks, over alleged breach of an assignment agreement by the film's producer. |
| INSOLVENCY - NCLAT: In absence of privity of contract, application u/s 9 of IBC not maintainable |
| Fri, 28 Mar 2025 12:32:29 IST |
| The National Company Law Appellate Tribunal (NCLAT) has observed that where there is no privity of contract or any sort of Debtor-Creditor relationship between the Applicant and CD, the application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 is not maintainable. |
| LAND ACQUISITION - SC: Large Areas Do Not Attract the Same Price as is Offered for Small Plots of Lands |
| Thu, 27 Mar 2025 19:12:10 IST |
| SC has observed that it is a settled principle of law that large areas do not attract the same price as is offered for the small plots of lands. Therefore, some amount of deduction is also normally permissible on account of largeness in area. |
| ENVIRONMENT - SC: Endeavour Should be to Achieve Target of 33% or Even More Than that of Tree/Forest Cover |
| Thu, 27 Mar 2025 19:12:00 IST |
| Supreme Court while hearing a case on the issue of enhancing the green cover of Delhi, has observed that endeavour should be to achieve a target of 33% or even more than that of tree/forest cover. |
| MEDIA AND COMMUNICATION - SC Passes Directions for Effective Implementation of DMR Act |
| Thu, 27 Mar 2025 19:11:51 IST |
| Supreme Court has passed directions for the State Government for the effective implementation of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (DMR Act) that prohibits publication of misleading advertisements regarding medical cures. |
| SERVICE - SC: Govt. Employee Transferred at Request Will Have to be Accommodated in Transferred Post |
| Thu, 27 Mar 2025 19:11:41 IST |
| SC has observed that if a Govt. employee is transferred at his own request, such employee will have to be accommodated in transferred post, subject to claims & status of other employees at the transferred place, as their interests cannot be varied in absence of any public interest in the transfer. |
| MOTOR VEHICLES - SC: Can't Presume Negligence on Part of Driver because he Had Learner's Licence |
| Thu, 27 Mar 2025 19:11:32 IST |
| SC while hearing a matter regarding contributory negligence of a scooter driver in a motor accident claim, has observed that the mere fact that the driver of the scooter had only a learners licence would not necessarily lead to a conclusion of contributory negligence on the part of the scooter driver. |
| DIRECT TAXATION - Ministry of Finance: Income Tax Officials Can't Access E-mails, Bank Accounts of All Assesses |
| Thu, 27 Mar 2025 19:11:22 IST |
| Ministry of Finance has informed that Income Tax officials cannot access the personal emails, Bank accounts of all the assesses. However, there are provisions allowing access the computer systems of the assesses that are not cooperating. |
| CONSTITUTION - SC to Consider Constitutionality of Amendment Decreasing Number of Directors in Cooperative Society |
| Thu, 27 Mar 2025 19:11:12 IST |
| Supreme Court has issued notice on the issue whether the ground for amendment to the Maharashtra Cooperative Societies Act, 1960 with regard to reducing the number of Directors in a Co-operative Society from 36 to 21 is legally sustainable. |
| CIVIL - Supreme Court Explains the Concept of Moulding of Relief |
| Thu, 27 Mar 2025 19:11:03 IST |
| SC has observed that the concept of moulding of relief refers to the ability of a court to modify or shape a relief sought by a party in a legal proceeding based on the circumstances of the case and the facts established after a full-fledged trial. |
| CIVIL - J&K HC Adopts SOPs by Supreme Court regarding Appearance of Govt. Officials in Court Proceedings |
| Thu, 27 Mar 2025 19:10:53 IST |
| Jammu and Kashmir and Ladakh High Court has issued a notification adopting the Standard Operating Procedure (SOP) with regard to personal appearance of Government Officials in court proceedings, as laid down by the Hon'ble Supreme Court. |
| FAMILY - SC Directs CARA to Issue NOC for Ease in Inter-Country Adoption |
| Thu, 27 Mar 2025 19:10:43 IST |
| Supreme Court while hearing a plea relating to ease the procedure for inter-country adoption, has directed the Central Adoption Resource Authority (CARA) to issue a No Objection Certificate in four weeks to steadfast the adoption process. |
| MOTOR VEHICLES - AP HC: Insurance Company Can File Execution Petition Only after Paying Compensation to Claimant |
| Thu, 27 Mar 2025 19:10:33 IST |
| Andhra Pradesh High Court has observed that execution petition can be filed by the insurance company against the owner of an offending vehicle only after paying compensation to the claimant as awarded by the Motor Vehicle Claims Tribunal. |
| CRIMINAL - J&K HC: Delay in Considering Detenue's Representation Breaches Statutory Requirements |
| Thu, 27 Mar 2025 19:10:24 IST |
| Jammu and Kashmir High Court has held that if there is a delay of more than three months in considering a detenue's representation, it breaches statutory requirements under Section 13 of the J&K Public Safety Act, 1978 and renders the detention invalid. |
| NARCOTICS - P&H HC: Search of Pvt. Conveyance in Public Place Requires Compliance of S 41(1) & 42(2) of NDPS Act |
| Thu, 27 Mar 2025 19:10:13 IST |
| P&H High Court has observed that where secret information is received in terms of Section 42 of the NDPS Act, then the search of a private conveyance even in a public place/transit would require compliance of Sections 41(1) and 42(2) of the NDPS Act. |
| SERVICE - AP HC: Mere Acquittal Will Not Confer on Employee Right to Claim Benefit, Including Reinstatement |
| Thu, 27 Mar 2025 19:10:03 IST |
| AP HC has observed that that mere acquittal by a criminal court will not confer on the employee a right to claim any benefit, including reinstatement. However, if the charges and evidence are same then the matter acquires a different dimension. |
| MEDIA AND COMMUNICATION - Kerala High Court: Need Effective Laws to Combat Cyber Bullying |
| Thu, 27 Mar 2025 19:09:53 IST |
| Kerala High Court has observed that it is of grave concern that, in this digital age, there is a lack of comprehensive and effective legislation to combat such misconduct, which necessitates the urgent attention of the authorities concerned. |
| INSOLVENCY - NCLAT: Can't Recall Order Passed after Considering Materials Important for Determination of Issue |
| Thu, 27 Mar 2025 19:09:40 IST |
| NCLAT New Delhi bench has held that if an order has been passed by Adjudicating Authority after consideration of all the necessary materials that are important for determination of issue, such an order cannot be recalled. |
| CRIMINAL - Delhi High Court Allows MP Engineer Rashid to Attend Parliament Session |
| Thu, 27 Mar 2025 19:09:30 IST |
| Delhi High Court has allowed Jammu and Kashmir MP Engineer Rashid to attend the Parliamentary session 'in-custody'. Engineer Rashid shall be handed-over to the custody of Parliament security to attend the proceedings and to avail other facilities and amenities within the Parliament House. |
| CIVIL - Delhi HC Refuses to Disturb Allotment of Land to Political Parties for Construction of Party Offices |
| Thu, 27 Mar 2025 19:09:18 IST |
| Delhi High Court has refused to disturb the allotment of a land to three political parties, for construction of their party offices that was earlier allotted to the Airports Authority of India. |
| INSOLVENCY - NCLAT: Fresh Limitation Period Commences from Date when CD Signs Balance Sheet |
| Thu, 27 Mar 2025 19:09:07 IST |
| NCLAT New Delhi bench has held that for the purpose of filing an application under section 7 of the Insolvency and Bankruptcy Code, 2016 fresh period of limitation under Section 18 of the Limitation Act, 1963 commences from the date the balance sheet is signed by the authorized signatories of CD. |
| INSOLVENCY - NCLAT: Must Admit Application u/s 7 When CD's OTS Proposal is Rejected |
| Thu, 27 Mar 2025 19:08:57 IST |
| NCLAT New Delhi bench has held that an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 must be admitted when a One-Time Settlement (OTS) proposal submitted by the corporate debtor is rejected by the financial creditor and the debt remains unpaid. |
| CRIMINAL - SC: Suo Motu Cognisance Taken on Allahabad HC Decision that Grabbing Breasts Won't Constitute Rape |
| Wed, 26 Mar 2025 14:57:10 IST |
| Supreme Court has taken suo motu cognizance of Allahabad High Court's holding that grabbing the breasts of a minor girl, breaking the string of her pyjama would not come under the offence of rape or an attempt to rape. |
| PROPERTY - Supreme Court Explains Distinction between Gift/Settlement Deed & Will |
| Wed, 26 Mar 2025 14:56:52 IST |
| SC has observed that in case of gift, it is a gratuitous grant by owner to another person, in case of a settlement, the consideration is mutual love, care, affection and satisfaction and in will, it is declaration of the intention of testator in disposition of his property in a particular manner. |
| CRIMINAL - SC: If Adequately Explained, Delay in Recording Witness Statement Isn't Fatal |
| Wed, 26 Mar 2025 14:56:39 IST |
| Supreme Court has held that if delay in recording eyewitness's testimony has been explained properly then it would not draw an adverse inference against the prosecution's case. |
| CRIMINAL - SC: Breach of Promise to Marry Doesn't Amount to Rape Unless Fraudulent Intent Exists |
| Wed, 26 Mar 2025 14:56:26 IST |
| Supreme Court while quashing a rape case against a man accused of forcible sex under the pretext of marriage, has observed that a breach of a promise to marry will not automatically amount to rape unless there is existence of fraudulent intention at the time of consent. |
| CIVIL - SC: Public Authorities Must Take Statutory Notice Issued to Them in All Seriousness |
| Wed, 26 Mar 2025 14:55:49 IST |
| SC has observed that public authorities must take statutory notice issued to them in all seriousness and must not sit over such notices and force the citizens to the vagaries of litigation. They are expected to let the plaintiff know their stand within the statutory period. |
| ARBITRATION - Tel. HC: Can Challenge Order Rejecting Jurisdictional Objections under Section 34 |
| Wed, 26 Mar 2025 14:55:36 IST |
| Telangana High Court has observed that challenge to an order rejecting jurisdictional objections under Section 16 of the Arbitration and Conciliation Act, 1996 can be done only under Section 34 of the Act and no writ petition can be entertained. |
| ARBITRATION - AP HC: Can't Entertain Second Execution Petition When First Petition was Dismissed |
| Wed, 26 Mar 2025 14:55:23 IST |
| Andhra Pradesh High Court has held that if the first petition for enforcement of an award has been rejected on merits then the second execution petition for enforcing an award is not maintainable. |
| ARBITRATION - AP HC: Can't Call Proceedings before Registrar as Arbitral Proceedings |
| Wed, 26 Mar 2025 14:55:09 IST |
| Andhra Pradesh High Court has observed that proceedings held before the Registrar under A.P. Cooperative Societies Act, 1964 cannot be termed as arbitral proceedings and no provision of the Arbitration and Conciliation Act, 1996 would apply to such proceedings. |
| INTELLECTUAL PROPERTY RIGHTS - Delhi HC: Tyres Manufacturer 'Bridgestone' Gets Damages Over Trademark Infringement By Indian Firm |
| Wed, 26 Mar 2025 14:54:57 IST |
| Delhi High Court has awarded Rs. 34.41 lakh compensation to automobile tyres manufacturer Bridgestone Corporation for its trademark infringement by Indian firm for manufacturing tyres and tubes for automobiles under 'Brimestone' mark. |
| LAW OF EVIDENCE - Ker. HC: Can't Consider Expert's Report as Formal Substitute for Section 65B(4) of Evidence Act |
| Wed, 26 Mar 2025 14:54:42 IST |
| Ker. HC has stated that an expert's report cannot be considered as a formal substitute for Section 65B(4) of the Indian Evidence Act, 1872 certificate in the eyes of law since, they serve two different purposes. |
| FAMILY - MP HC Clarifies that Hindu Marriage Act Applies to Jain Community |
| Wed, 26 Mar 2025 14:54:29 IST |
| Madhya Pradesh High Court has clarified that Jain community would be governed by the provisions of Hindu Marriage Act, 1955 even though it is recognized as a minority community vide a central government notification. |
| SERVICE - P&H HC: Employee Dismissed from Service Not Entitled to Pension |
| Wed, 26 Mar 2025 14:54:17 IST |
| Punjab and Haryana High Court while dismissing a petition seeking pensionary benefits for a dismissed police officer has observed that an employee dismissed from service is not entitled to pension under Punjab Civil Services Rules and Punjab Police Rules, 1934. |
| CIVIL - Del. HC: Union to Inform about Regulatory Mechanism to Ensure Taxi Apps are Disabled Friendly |
| Tue, 25 Mar 2025 12:47:04 IST |
| Del. HC has directed the Union Government to file an affidavit to place on record the regulatory mechanism that is in place to ensure that taxi applications comply with the necessary requirements for being disabled friendly prior to their launch, and have all requisite accessibility features. |
| CIVIL - AP HC: Appropriate if Government Establishes Register for Recording Disputes between Parties |
| Tue, 25 Mar 2025 12:46:55 IST |
| AP HC has observed that it would be appropriate, if government establishes a statutory basis for creation of a dispute register with rules set out for inclusion and removal of properties from such a dispute register. Such dispute register may be used as a reference point for verification of title. |
| CIVIL - SC Reserves Post for Women Advocates in District Bar Associations in State of Karnataka |
| Tue, 25 Mar 2025 12:46:45 IST |
| Supreme Court has directed all the district bar associations in the entire state of Karnataka to earmark the post of Treasurer and reserve 30% post of Councilors/members of Executive Committee exclusively for women candidates. |
| SERVICE - Madras HC: Employer Cannot Seek Proof Beyond Doubt for Factum of Marriage Unless it is Disputed |
| Tue, 25 Mar 2025 12:46:35 IST |
| Madras High Court has held that no doubt, maternity leave is granted to a married woman but a marriage need not be compulsorily registered and the employer cannot seek proof beyond doubt for the factum of marriage unless it is disputed. |
| SERVICE - J&K HC: Can't Call Employer Setting Cut-Off Dates for Pension Schemes as Violative of Article 14 |
| Tue, 25 Mar 2025 12:46:25 IST |
| Jammu & Kashmir and Ladakh High Court has held that employers have the authority to fix a cut-off date for introducing new pension or retirement schemes, and such decisions of the employer are not violative of Article 14 of the Constitution of India. |
| LABOUR AND INDUSTRIAL - AP HC: Employees Engaged in Loading, Maintenance Covered under Definition of Employee |
| Tue, 25 Mar 2025 12:46:15 IST |
| AP HC has held that employees engaged by security agencies, for loading/unloading, office/factory maintenance and pay loader work would be covered by the definition 'employee' as defined under Section 2(f) of EPF Act, 1952 and the employer must extend benefit of Provident Fund to those employees. |
| CIVIL - SC Directs Formation of National Task Force to Address Mental Health Concerns in Colleges |
| Tue, 25 Mar 2025 12:46:05 IST |
| Supreme Court has directed the formation of a National Task Force to address the mental health concerns of students and prevent the commission of suicides in Higher Educational Institutions. |
| LIMITATION - SC: Courts Must Adopt Liberal Approach in Condoning Delay if Case's Merits Require Examination |
| Tue, 25 Mar 2025 12:45:56 IST |
| SC has observed that there can be no quarrel on the settled principle of law that delay cannot be condoned without sufficient cause, but a major aspect which has to be kept in mind is that, if in a particular case, merits have to be examined, it should not be scuttled merely on basis of limitation. |
| LABOUR AND INDUSTRIAL - J&K HC: Indian Army doesn't Fall Within the Definition of 'Industry' |
| Tue, 25 Mar 2025 12:45:46 IST |
| Jammu and Kashmir High Court while setting aside Labour Court's order directing reinstatement of petitioners serving as porters in the Indian Army, has held that the Army does not fall within the definition of an 'Industry' and thus, the Labour Court had no jurisdiction to entertain the case. |
| ARBITRATION - Delhi HC: When No Seat/Venue Specified in Agreement, Jurisdiction to be Decided Under CPC |
| Tue, 25 Mar 2025 12:45:35 IST |
| Delhi High Court has observed that court's jurisdiction under Section 11 of the Arbitration and Conciliation Act, 1996 is to be decided under the Civil Procedure Code, 1908 if there is absence of a specified seat or venue in the Arbitration Agreement. |
| CRIMINAL - SC Dismisses Petition Challenging Order that Grabbing Breasts of Minor is Not Rape |
| Tue, 25 Mar 2025 12:45:25 IST |
| Supreme Court has dismissed a petition challenging order passed by the Allahabad High Court which held that grabbing the breasts of a minor girl, breaking the string of her pyjama would not come under the offence of rape or an attempt to rape. |
| CRIMINAL - SC: In Cases of Group Clashes Courts Must Ensure No Innocent Bystander is Convicted |
| Tue, 25 Mar 2025 12:45:15 IST |
| SC has observed that in cases of group clashes where a large number of persons are involved, an onerous duty is cast upon the courts to ensure that no innocent bystander is convicted and deprived of his liberty. |
| CIVIL - J&K HC: Threats to Litigants Justifies Measure Like Virtual Hearing |
| Tue, 25 Mar 2025 12:45:05 IST |
| Jammu and Kashmir High Court while allowing virtual hearing for a party instead of transferring the appeal on grounds of security, has stated that legitimate security concerns justify measures like virtual hearing. |
| TENANCY - Ker. HC: Can't Burden Tenant to Pay Substantial Arrears Due to Delay in Proceedings |
| Tue, 25 Mar 2025 12:44:56 IST |
| Kerala High Court has observed that a tenant who has been ordered to pay enhanced fair rent to the landlord cannot be burdened with substantial amount of arrears only because there was delay in completion of judicial proceedings. |
| CONSUMER - SC: Presence of Arbitration Clause Won't Override Consumer's Choice to Move Consumer Forum |
| Tue, 25 Mar 2025 12:44:46 IST |
| Supreme Court has observed that a consumer can approach the consumer forum even if there is existence of an arbitration clause in the agreement and a consumer cannot be forced to adjudicate dispute through arbitration. |
| COMMERCIAL - AP HC: Amendments Introducing Auction Based System for Grant of Minor Mineral Leases Upheld |
| Tue, 25 Mar 2025 12:44:36 IST |
| Andhra Pradesh High Court has upheld amendments made to the A.P. Minor Mineral Concession Rules, 1966 which sought to fundamentally alter the manner of granting minor mineral leases by shifting from a first-come-first-serve system to an auction-based system. |
| CIVIL - CJI Constitutes Committee Formed to Conduct Inquiry into Allegations against Justice Yashwant Varma |
| Mon, 24 Mar 2025 12:17:41 IST |
| Chief Justice of India has constituted a committee of three members for conducting an inquiry into allegations against Justice Yashwant Varma, Judge of the Delhi High Court. |
| SERVICE - SC: Can't Reject Candidates with Higher Degree Only because Post requires Lower Degree Qualification |
| Mon, 24 Mar 2025 12:17:31 IST |
| Supreme Court has observed that candidates cannot be rejected for a post merely because they possess higher degree and a lower degree of qualification is required for the post. |
| CIVIL - Supreme Court Refuses to Interfere with Implementation of Haj Policy, 2025 |
| Mon, 24 Mar 2025 12:17:21 IST |
| Supreme Court while hearing petitions challenging allocation of quotas of Haj pilgrims, has refused to interfere with the implementation of the Union Government's Haj Policy, 2025. |
| CRIMINAL - Supreme Court: High Courts to Prioritise Criminal Appeals of Elderly Accused on Bail |
| Mon, 24 Mar 2025 12:17:11 IST |
| Supreme Court has stated that the old age of the accused and the long lapse of time from the commission of the offence can always be a ground available to give some priority to the appeals against conviction of the accused on bail. |
| CIVIL - Supreme Court: BCI Has No Authority to Interfere with Legal Education |
| Mon, 24 Mar 2025 12:17:01 IST |
| Supreme Court while dismissing Bar Council of India's challenge to a Kerala High Court order allowing murder convicts to attend law classes online, has observed that the Bar Council of India has no authority to interfere with matters relating to legal education. |
| FAMILY - Ker. HC: There is No Personal Law in India Applicable to Christians Recognizing Adoption |
| Mon, 24 Mar 2025 12:16:30 IST |
| Kerala High Court has observed that there is no personal law in India applicable to Christians recognizing adoption. But a valid adoption made in accordance with civil law as applicable to the child adopted and the adopted parents is recognized by Canon Law. |
| CONSUMER - SC: Party Having No Privity of Contract with Service Provider Can't be Called 'Consumer' under CP Act |
| Mon, 24 Mar 2025 12:16:19 IST |
| Supreme Court has held that a party cannot be called a consumer under the Consumer Protection Act, 1986 if there is no privity of contract with service provider and to qualify as a "consumer" there must a direct contractual relationship between the parties. |
| CRIMINAL - P&H HC: Measured Legal Response Necessitates Vigilance at Point of Entry |
| Mon, 24 Mar 2025 12:16:09 IST |
| Punjab & Haryana High Court has stated that a measured legal response necessitates vigilance at the point of entry rather than the indiscriminate denial of bail. The cornerstone of an effective deterrence mechanism lays in rigorous pre-admission scrutiny comprehensive background verifications. |
| PROPERTY - SC: Protection under TP Act Not Available to if Party Knew about Pending Litigation |
| Mon, 24 Mar 2025 12:15:58 IST |
| Supreme Court has observed that if a party knows about pending litigation while entering into an agreement then protection under Section 53A of the Transfer of Property Act, 1882 shall not be available to the party. |
| ARBITRATION - Del. HC: Participation in Arbitral Proc. Doesn't Imply Acceptance of Arbitrator's Unilateral Appoin. |
| Mon, 24 Mar 2025 12:15:47 IST |
| Delhi High Court has held that mere participation in the arbitration proceedings cannot tantamount to acceptance of unilateral appointment of Arbitrator unless objections are expressly waived in writing. |
| INSOLVENCY - NCLT Kochi: As Per IBBI Regulations, Replaced Liquidator Entitled to Minimum 2 Lakh Rupees |
| Mon, 24 Mar 2025 12:15:38 IST |
| NCLT Kochi bench has held that as per the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, replaced/outgoing liquidator is entitled to a minimum fee of Rs. 2 Lakh for the tenure he has worked. |
| INSOLVENCY - NCLAT: Can't Terminate Lease Hold Rights in Favor of CD During Moratorium Period |
| Mon, 24 Mar 2025 12:15:27 IST |
| NCLAT New Delhi bench has held that there cannot be a termination of lease hold rights in favour of Corporate Debtor during the moratorium period under Section 14 of the Insolvency and Bankruptcy Code, 2016. |
| INSOLVENCY - NCLAT: To Reject Application u/s 9 of IBC Reflection of Genuine Pre Existing Dispute Sufficient |
| Mon, 24 Mar 2025 12:15:06 IST |
| NCLAT New Delhi Bench has held that for rejection of an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC), reflection of a pre-existing dispute regarding the claim between the parties is sufficient. |
| INSOLVENCY - NCLAT: Security to Become Part of Liquidation Estate if Creditor Fails to Deposit Amount in 90 Days |
| Mon, 24 Mar 2025 12:14:43 IST |
| NCLAT New Delhi bench has held that security shall become part of the liquidation estate if there is failure on part of a secured creditor to deposit the amount as stipulated under Regulation 21A(2) of the Liquidation Regulations within a period of 90 days. |
| CIVIL - Show Cause Notice Sent to DSK Legal for Video Advertisement Featuring Bollywood Actor |
| Fri, 21 Mar 2025 18:44:39 IST |
| Bar Council of India has sent a show cause notice to law firm DSK Legal for its video advertisement featuring a bollywood actor. It was stated that such promotional tactics are not only deceptive but also violate the trust that clients place in the legal system. |
| INSOLVENCY - SC: Once Resolution Plan is Approved No Belated Claim Can be Included |
| Fri, 21 Mar 2025 18:44:29 IST |
| SC has observed that once the Resolution Plan is approved by the NCLT, no belated claim can be included therein that was not made earlier. If such demands are taken into consideration, the parties will not be in a position to recommence the business of the Corporate Debtor on a clean slate. |
| CIVIL - SC: If Compensation is Delayed or Defaulted, Acid Attack Victims Can Approach SLSA |
| Fri, 21 Mar 2025 18:44:17 IST |
| Supreme Court while hearing a PIL seeking efficient compensation for victims of acid attack, has allowed the affected survivors to approach the State Legal Services Authorities(SLSA). |
| CRIMINAL - SC: Court Intending to Add Person as Accused Can't Direct Police to Add Name in Chargesheet |
| Fri, 21 Mar 2025 18:44:07 IST |
| Supreme Court has observed that if a Court wants to add a person as an accused then it may issue summons to the proposed accused as the Court does not have the authority to direct the police to add the name of the person in the chargesheet. |
| LAND ACQUISITION - SC: Beneficiary Can't Transfer Land Acquired By Govt. to Original Owner Through Private Agreement |
| Fri, 21 Mar 2025 18:43:57 IST |
| Supreme Court has observed that if the Government acquires land through its sovereign power of eminent domain then the beneficiary cannot transfer the land to the original owner through private agreements. |
| CRIMINAL - SC Disapproves Bail Condition that Upon Filing of Charge Sheet, Trial Court Shall Take Coercive Steps |
| Fri, 21 Mar 2025 18:43:47 IST |
| Supreme Court while disapproving with order of Patna High Court imposing a condition that upon filing of the charge sheet, the trial court shall take coercive steps against the applicant, has observed that HC could have left it open to the trial court to take a call on coercive steps. |
| CRIMINAL - SC: Silence of the Victim Cannot Accrue to the Benefit of the Accused |
| Fri, 21 Mar 2025 18:43:37 IST |
| SC has observed that the silence of the victim cannot accrue to the benefit of the accused. There is no hard and fast rule that in the absence of a statement a conviction cannot stand, particularly when other evidence, medical and circumstantial, is available pointing to such a conclusion. |
| CRIMINAL - SC: Before Complainant Adopts Remedy u/s 156(3) of CrPC, He Must Exhaust Remedies u/s 154 |
| Fri, 21 Mar 2025 18:43:28 IST |
| SC has observed that before a complainant chooses to adopt a remedy under Section 156(3) of the CrPC, 1973 he must exhaust his remedies under sub-Sections (1) and (3) of Section 154 of the CrPC, 1973 and he must make those averments in the complaint and produce the documents in support. |
| CRIMINAL - Kar. HC: Lokayukta Acting Upon Complaint before registration of FIR Violates S. 17 of P&C Act |
| Fri, 21 Mar 2025 18:43:18 IST |
| Karnataka High Court has held that Lokayukta acting upon the anonymous complaint embarked upon elaborate enquiry, summoning officers before the registration of FIR under provisions of the Prevention of Corruption Act, 1988 would amount to a violation of Section 17A of the Act. |
| CRIMINAL - Kar. HC: Lokayukta Acting Upon Complaint before registration of FIR Violates S. 17 of P&C Act |
| Fri, 21 Mar 2025 18:43:08 IST |
| Karnataka High Court has held that Lokayukta acting upon the anonymous complaint embarked upon elaborate enquiry, summoning officers before the registration of FIR under provisions of the Prevention of Corruption Act, 1988 would amount to a violation of Section 17A of the Act. |
| SERVICE - Ker. HC: State to Frame Gudelines for Ensuring Anonymity of Complainant in POSH Cases |
| Fri, 21 Mar 2025 18:42:59 IST |
| Kerala High Court has directed the State Government to frame guidelines for keeping the details of the complainant anonymous from public domain during the enquiry proceedings under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). |
| CRIMINAL - J&K HC: Provisions of S. 329 of CrPC Can be Invoked Only After Framing of Charges |
| Fri, 21 Mar 2025 18:42:49 IST |
| Jammu & Kashmir and Ladakh High Court has held that the provisions dealing with the procedure for trying a person of unsound mind given under Section 329 of the Code of Criminal Procedure, 1973 (CrPC) can only be invoked once charges have been framed in a criminal trial. |
| SERVICE - Raj. HC: If More than 1 Delinquent Employees, Composite Enquiry only Possible if Authority is Same |
| Fri, 21 Mar 2025 18:42:40 IST |
| Rajasthan High Court has observed that if there are more than one delinquent employees then composite disciplinary proceedings can take place against them only when competent and disciplinary authorities of all such delinquent employees are the same. |
| ARBITRATION - Cal. HC: Can Make Non-Signatories Party to Dispute if their and Signatories Relief Align |
| Fri, 21 Mar 2025 18:42:29 IST |
| Calcutta High Court has observed that non-signatories in an arbitration agreement can be made party to a dispute if relief sought against the signatories and non-signatories aligns. |
| FAMILY - Delhi High Court: Well Educated Wife Must Not Remain Idle Only for Gaining Maintenance |
| Fri, 21 Mar 2025 18:42:19 IST |
| Delhi High Court has observed that a well-educated wife, with experience in a suitable gainful job, ought not to remain idle solely to gain maintenance from her husband. |
| LIMITATION - Ori. HC: Although Limitation Act is Not Strictly Applicable to a Writ Petition, But the Principles Ap |
| Fri, 21 Mar 2025 18:42:10 IST |
| Ori. High Court has observed that although the Limitation Act, 1963 is not strictly applicable to a writ petition, but the principles apply. Delay or laches is one of the factors which is to be kept in mind by the High Court as a party who is guilty of delay and laches cannot be granted any relief. |
| NARCOTICS - J&K HC: Section 37 of NDPS Act Comes Into Play When Bail is Being Considered on Merit |
| Fri, 21 Mar 2025 18:42:00 IST |
| J&K HC has observed that Section 37 of NDPS Act, comes into play only when bail of person accused of an offence involving commercial quantity of a contraband is being considered on merits and limitations contained therein would not apply when bail is to be granted on humanitarian grounds. |
| ARBITRATION - Delhi HC: Clause of Exclusive Jurisdiction to Prevail if it Expressly Covers Arbitration Proceedings |
| Fri, 21 Mar 2025 18:41:49 IST |
| Delhi HC has observed that if an agreement contains one clause designating the arbitral seat, and another conferring exclusive jurisdiction on courts located elsewhere then disputes relating to arbitration would lie only before the Court having territorial jurisdiction over the arbitral seat. |
| CIVIL - Ori. HC: It is the Duty of the Court to Decide or Deal with Grievance of Litigants |
| Fri, 21 Mar 2025 18:41:40 IST |
| Orissa HC has observed that if the litigants approach the Court to get their grievance remedied, it should be the duty of the Court to decide or deal with the grievance of the litigants notwithstanding the litigation has merit or not. |
| INSOLVENCY - NCLAT: Delivering Demand Notice to Last Known Address to be Deemed Valid |
| Fri, 21 Mar 2025 18:41:30 IST |
| NCLAT New Delhi bench has held that delivery of demand notice to the last known address of the personal guarantor as has been stated in the deed of guarantee shall be considered as valid service for the purposes of Section 95(4) of the Insolvency and Bankruptcy Code, 2016. |
| INSOLVENCY - NCLAT: Can't Admit Application u/s 9 of IBC When Debt is Discharged after Receipt of Demand Notice |
| Fri, 21 Mar 2025 18:41:20 IST |
| NCLAT New Delhi bench has held that application under Section 9 of the Insolvency and Bankruptcy Code, 2016 cannot be admitted if the corporate debtor discharges the debt in question after the issuance of demand notice under Section 8 of IBC. |
| INSOLVENCY - NCLAT: Can't Consider Allottee Financial Creditor When Allotted Unit Cancelled at their Request |
| Fri, 21 Mar 2025 18:41:10 IST |
| NCLAT New Delhi has held that there cannot be a consideration of an allottee of a unit as a financial creditor if the allotted unit has been cancelled at their request. |
| INSOLVENCY - NCLAT: Time Extension for Payment of Sale Consid. Beyond 90 Days Can Only be Done by Adj. Authority |
| Fri, 21 Mar 2025 18:40:58 IST |
| NCLAT New Delhi bench has held that only the adjudicating authority can extend the time for payment of sale consideration beyond 90 days under Schedule 1, Clause 1(12) of the Liquidation Regulations, 2016. |
| INSOLVENCY - NCLAT: Post-Submission, CoC Can't Remit Approved Resolution Plan |
| Fri, 21 Mar 2025 18:40:41 IST |
| NCLAT New Delhi bench has held that Committee of Creditors (CoC) cannot remit Resolution Plan for fresh consideration once it has been approved by CoC and submitted to the Adjudicating Authority. |
| CIVIL - SC: Advocate's Right to Appear for Party & to Practice is Coupled With Duty to Remain Present |
| Thu, 20 Mar 2025 11:58:20 IST |
| SC has observed that right of an Advocate to appear for a party and to practice in the courts is coupled with the duty to remain present in the court at the time of hearing, and to participate and conduct the proceedings diligently, sincerely, honestly and to the best of his ability. |
| EDUCATION - SC Grants Relief to BAMS Student Who Was Denied Degree |
| Thu, 20 Mar 2025 11:58:10 IST |
| SC has granted relief to a BAMS student who was denied degree because he did not meet the eligibility criteria of studying English in 12th class at time of admission to the Course. Court directed that the student shall be permitted to complete his course pursuant to which the degree shall be issued. |
| ENVIRONMENT - Supreme Court, Greater Noida Authority, Homebuyers |
| Thu, 20 Mar 2025 11:58:00 IST |
| Supreme Court has refused to grant blanket permission for the establishment or expansion of Micro, Small, and Medium Enterprises (MSMEs) in the Taj Trapezium Zone unless the Court is made aware whether the industry sought to be created is likely to create pollution. |
| CIVIL - SC Questions Involvement of Bar Members in Permanent Committee Assigning Marks to Candidates |
| Thu, 20 Mar 2025 11:57:48 IST |
| Supreme Court has questioned inclusions of two members of the bar as part of the machinery which evaluates and assigns marks to the lawyers who are candidates for senior advocate designations. |
| CIVIL - SC: Government of Uttarakhand Explains 'Misutilization' of CAMPA Funds |
| Thu, 20 Mar 2025 11:56:38 IST |
| Government of Uttarakhand has explained the misutilization of CAMPA (Compensatory Afforestation Fund Management and Planning Authority) funds to the Supreme Court. Pursuant to such explanation, the SC decided to not go further with the issue. |
| FAMILY - Mad. HC: Act of the Wife in Merely Watching Porn Privately by Itself May Not Constitute Cruelty |
| Thu, 20 Mar 2025 11:56:27 IST |
| Madras HC has observed that the act of the wife in merely watching porn privately by itself may not constitute cruelty to the husband. It may affect the psychological health of the viewing spouse which by itself will not amount to treating the other spouse cruelly. |
| CIVIL - SC Comments on States Boasting High Per Capita Income and Still Claiming BPL Benefits |
| Thu, 20 Mar 2025 11:56:17 IST |
| Supreme Court while hearing a matter pertaining to the free ration cards to migrant workers and unskilled labourers, has orally commented that there are states that boast of having high per capita income but also claim benefits meant for the Below Poverty Line (BPL) section. |
| CIVIL - SC: Greater Noida Authority to Cooperate With Homebuyers in Reviving Abandoned Housing Project |
| Thu, 20 Mar 2025 11:56:07 IST |
| Supreme Court has directed the Greater Noida Industrial Development Authority to cooperate in the entire exercise of reviving a dead project where the home buyers have been cheated by the builder who has vanished decades ago. |
| CIVIL - Delhi HC: BCI to Enroll South Korean Citizen as Advocate |
| Thu, 20 Mar 2025 11:55:57 IST |
| Delhi High Court has directed the Bar Council of India to enroll a South Korean citizen as an advocate within two days. The Court observed that enrollment cannot be withheld since there was no stay of a single judge order quashing BCI's decision refusing the enrollment. |
| SERVICE - 'Sikhya Providers' Entitled to Age Relaxation in Recruitment Exam |
| Thu, 20 Mar 2025 11:55:46 IST |
| Punjab & Haryana High Court has held that Sikhya Providers appointed to teach the students in the government schools are entitled to age relaxation in a government recruitment exam. Depriving them of such relaxation would be violative of Article 21-A of the Constitution of India. |
| CIVIL - Delhi High Court Pulls Up Delhi Govt. for Lack of Efforts to Ensure Finances for Pending Projects |
| Thu, 20 Mar 2025 11:55:35 IST |
| Del. HC has pulled up Delhi Govt. for lack of efforts to ensure finances for pending project of construction of residential flats for judicial officers & observed that it is needless to remind the officers of Govt. and other authorities that providing accommodation to officers has to be prioritized. |
| CRIMINAL - Allahabad HC: Grabbing Breasts of Victim Will Not Constitute Offence of Rape |
| Thu, 20 Mar 2025 11:55:25 IST |
| Allahabad High Court has observed that the act of grabbing the breasts of the minor victim, breaking the string of her pyjama will not constitute the offence of rape or an attempt to rape. |
| CIVIL - Del. HC Issues Notice on PIL Seeking Reduction of Bird Aircraft Strike Hazard |
| Thu, 20 Mar 2025 11:55:15 IST |
| Delhi High Court has issued notice on a Public Interest Litigation (PIL) seeking reduction of bird aircraft strike hazard and closure of illegal slaughterhouses around the Indira Gandhi International (IGI) Airport. |
| CRIMINAL - Del. HC: Conviction u/s 138 of NI Act Can't Qualify as Reason for Appellate Court to Seek 20% Deposit |
| Thu, 20 Mar 2025 11:55:05 IST |
| Delhi High Court has observed that conviction of accused under Section 138 of the Negotiable Instruments Act, 1881 does not qualify as a reason for Appellate Court to direct deposit of 20% of fine or compensation under Section 148 of the Act. |
| TENANCY - J&K HC: Can't Allow Party to Unilaterally and Retrospectively Alter the Rent Amount |
| Thu, 20 Mar 2025 11:54:56 IST |
| Jammu and Kashmir High Court has held that it is not permissible to allow a party to alter the rent amount fixed with the tenant, unilaterally and retrospectively. |
| CIVIL - Del. HC: Misuse of Firecrackers has Potential Not Only to Cause Ocular Injuries but Also Other Injuri |
| Thu, 20 Mar 2025 11:54:45 IST |
| Delhi High Court while hearing a PIL regarding the issue of ocular injuries caused due to usage of firecrackers, has observed that misuse of firecrackers has the potential not only to cause ocular injuries but also injuries to any other body part, even to the pets and other animals. |
| CRIMINAL - Ker. HC: Quashing Charges u/s 185 MV Act Won't Nullify Prosecution u/s 279 of IPC |
| Thu, 20 Mar 2025 11:54:35 IST |
| Kerala High Court has observed that there is absolutely no merger of the ingredients of Section 279 of IPC, 1860 and Section 185 of the MV Act, 1988 to hold that a finding against one of the aforesaid Sections would nullify the prosecution initiated under the other section. |
| CIVIL - Del. HC: If Distributor Makes No Value Addition, Resale Price Method Appropriate to Determine ALP |
| Thu, 20 Mar 2025 11:54:25 IST |
| Delhi High Court has clarified that where distributor of imported products makes no value addition to the products before sale then the most appropriate method to determine the arm's length price is 'Resale Price Method'. |
| SERVICE - AP HC: Daughter-In-Law a Vital Member of Family and Has Substantial Right to Request CA |
| Thu, 20 Mar 2025 11:54:14 IST |
| AP HC has observed that after a daughter gets married, she becomes an integral part of the family she joins. Conversely, the daughter-in-law, who enters the family, becomes a vital member and has a more substantial right to request compassionate appointments to ensure the welfare of her children. |
| CIVIL - SC Issues Notice on PIL Seeking Strict Implementation of RPwD Act in Prisons |
| Thu, 20 Mar 2025 11:54:04 IST |
| Supreme Court has issued notice on a Public Interest Litigation (PIL) seeking strict implementation of the Rights of Persons with Disabilities Act, 2016 (RPwD Act) in prisons across the country. |
| MOTOR VEHICLES - SC: Direction Can be Issued to Transfer Compensation to Bank Account of Claimants |
| Wed, 19 Mar 2025 11:30:11 IST |
| SC has observed that the general practice followed by insurance companies, where compensation is not disputed, is to deposit it before the Tribunal. Instead of following that process, a direction can be issued to transfer the amount into the bank account of claimant with intimation to the Tribunal. |
| ARBITRATION - SC: In Absence of Express Law, Determination of Applicable Law Must be on Basis of Intention |
| Wed, 19 Mar 2025 11:30:00 IST |
| Supreme Court has observed that if there is absence of an express law that governs the arbitration agreement, the determination of applicable law should be on the basis of parties' intentions with a strong presumption in favor of the law governing the main contract. |
| CRIMINAL - Supreme Court Calls for CBI's Proposal on Investigation in Builder-Banks Nexus |
| Wed, 19 Mar 2025 11:29:51 IST |
| Supreme Court has asked the CBI to put up a proposal regarding the enquiry/investigation into a builder-banks nexus in the National Capital Region. The Court also appointed an Amicus Curiae for assistance in the matter. |
| SERVICE - Cal. HC Lifts Stay Order on Recruitment of Civil Judges who Qualified WBJS Exam |
| Wed, 19 Mar 2025 11:29:41 IST |
| Calcutta High Court while dismissing multiple pleas that had challenged the conduct of West Bengal Judicial Services Exam, 2022, has lifted the stay order on recruitment of qualified civil judges. |
| CRIMINAL - MP HC: Repeat Appeal for Bail after Dismissal of the Appeal Would Not be Maintainable |
| Wed, 19 Mar 2025 11:29:31 IST |
| MP High Court has observed that the repeat appeal for bail after dismissal of the appeal would not be maintainable even if the accused wishes to prefer the subsequent appeal before the High Court on any changed circumstances. |
| EDUCATION - SC Constitutes Committee to Examine Financial Status of Schools |
| Wed, 19 Mar 2025 11:29:21 IST |
| Supreme Court while hearing a plea challenging Allahabad High Court's order directing private schools to either adjust/reimburse 15% of fees paid by parents during Covid period, has constituted a committee to examine the financial status of private schools. |
| CRIMINAL - SC: Return of Cheques Dishonoured Simpliciter doesn't Create an Offence u/s 138 NI Act, 1881 |
| Wed, 19 Mar 2025 11:29:11 IST |
| SC has observed that the return of the cheques dishonoured simpliciter does not create an offence under section 138 NI Act, 1881. The cause of action arises only when the amount remains unpaid even after the expiry of fifteen days from the date of receipt of the demand notice. |
| CRIMINAL - SC: Scope of Preliminary Inquiry Limits to Situation Where Info. Doesn't Disclose Cognizable Offence |
| Wed, 19 Mar 2025 11:29:01 IST |
| SC has observed that scope of a preliminary inquiry is limited to situations where information received doesn't disclose a cognizable offence but requires verification. However, in cases where information discloses a cognizable offence, police can't conduct a prelim. inquiry before registering FIR. |
| SERVICE - P&H HC: Standards will Dilute if No Minimum Marks Prescribed in Judiciary Exams |
| Wed, 19 Mar 2025 11:28:50 IST |
| Punjab and Haryana High Court has stated that it is imperative that only persons with a prescribed minimum of said qualities/capacities should be selected in judiciary exams, as otherwise the standard of judiciary would get diluted and sub-standard candidates may get selected. |
| MEDIA AND COMMUNICATION - Ker. HC: Violence in Visual Media Can Have Undesirable Effect on People |
| Wed, 19 Mar 2025 11:28:40 IST |
| Kerala High Court has observed that violence in visual media can have an undesirable effect on people because of glorification of violence. On the other hand, to what extent it can be shown depends on what is public morality, what is constitutional morality. |
| CIVIL - Del. HC: Centre to Comply with SC Order Directing Decision of Renaming India |
| Wed, 19 Mar 2025 11:28:29 IST |
| Delhi High Court has directed the Central Government to comply with a Supreme Court order directing treatment of a petition as a representation which sought direction to change the name of the country as "Bharat" from "India". |
| CONSTITUTION - Karnataka HC Upholds Validity of Micro Loan and Small Loan Ordinance, 2025 |
| Wed, 19 Mar 2025 11:28:19 IST |
| Karnataka High Court has upheld the constitutional validity of the Karnataka Micro Loan and Small Loan (Prevention of Coercive Actions) Ordinance, 2025 and stated that the Ordinance has taken birth from the womb of social justice and it nowhere depicts arbitrariness. |
| CRIMINAL - Delhi HC: Court of CJM cannot "Transfer" Case from One Court upon Application or Suo Moto |
| Wed, 19 Mar 2025 11:28:09 IST |
| Delhi HC has observed that under Section 410 of CrPC and Section 450 of BNSS the power conferred upon the Chief Judicial Magistrate is only administrative in nature. The Court of Chief Judicial Magistrate cannot "transfer" a case from one Court or another upon an application being moved or suo moto. |
| INSOLVENCY - NCLAT: Can't Question Consideration and Subsequent Rejection of RP by CoC Submitted after Due Date |
| Wed, 19 Mar 2025 11:28:00 IST |
| NCLAT New Delhi bench has held that there cannot be any questioning of the consideration and subsequent rejection of a Resolution Plan (RP) by the Committee of Creditors (CoC) submitted after the due date. |
| CRIMINAL - SC: Act of Money Laundering Extends so Long as the Proceeds of Crime are Concealed |
| Tue, 18 Mar 2025 11:09:25 IST |
| SC has observed that it is well established that offences under the PMLA, 2002 are of a continuing nature, and the act of money laundering does not conclude with a single instance but extends so long as the proceeds of crime are concealed, used, or projected as untainted property. |
| CIVIL - BCI Issues Warning against Practice of Advocates Advertising their Legal Services |
| Tue, 18 Mar 2025 11:09:13 IST |
| BCI has issued a stringent warning against the increasingly prevalent and unethical practice of advocates advertising their legal services through social media, promotional videos and stated that involvement of bollywood actors, celebrities as promotional tools clearly violate the BCI Rules. |
| ENVIRONMENT - Supreme Court Sets Aside Bar by NGT on Auroville Township Project |
| Tue, 18 Mar 2025 11:09:04 IST |
| Supreme Court while setting aside National Green Tribunal's order barring Auroville Foundation from developmental activities in their township, has stated that there is a need for sustainable development striking a golden balance between the right to development and the right to clean environment. |
| CIVIL - Supreme Court Extends Tenure of Justice Gita Mittal Committee |
| Tue, 18 Mar 2025 11:08:51 IST |
| Supreme Court has extended the term of Justice Gita Mittal Committee till 31st July, 2025 which is constituted to handle several humanitarian aspects of the ethnic violence in Manipur. |
| ARBITRATION - J&K HC: Mere Filing of WS doesn't Constitute Waiver of Right to Arbitration |
| Tue, 18 Mar 2025 11:08:42 IST |
| Jammu and Kashmir High Court has held that if a party has raised a preliminary objection in respect of the arbitration clause at the outset then the mere filing of the written statement in a suit does not constitute a waiver of right to arbitration. |
| CRIMINAL - J&K HC Quashes Preventive Detention of former J&K High Court Bar Association President |
| Tue, 18 Mar 2025 11:08:31 IST |
| Jammu and Kashmir and Ladakh High Court has quashed the preventive detention of former Jammu and Kashmir High Court Bar Association President on the ground that the allegations leveled against him are vague, ambiguous and lacking in material particulars. |
| INTELLECTUAL PROPERTY RIGHTS - Delhi HC Restrains Restaurants from Using Marks 'Dominic Pizza' 'Domindo Pizza' |
| Tue, 18 Mar 2025 11:08:21 IST |
| Delhi High Court in a trademark infringement suit filed by Domino's, has restrained various restaurants from using the marks "Dominic Pizza" and "Domindo Pizza" while selling pizzas and has also directed Swiggy and Zomato to de-list the outlets from their platforms. |
| MEDIA AND COMMUNICATION - Karnataka HC: Today in the Form of Reels, Unlawful Activities are Glorified |
| Tue, 18 Mar 2025 11:08:10 IST |
| Karnataka High Court while hearing a petition file by X Corp seeking protection from any coercive action against the company, has observed that today in the form of this reels, unlawful activities are glorified which sends a signal of lawlessness. |
| CIVIL - Supreme Court: All the Sports Associations are Ailing Bodies |
| Tue, 18 Mar 2025 11:08:00 IST |
| Supreme Court while hearing a plea moved by Maharashtra Wrestling Association, has remarked that all the sports associations in India are ailing bodies. |
| INSOLVENCY - Apparel Manufacturer Moves NCLT against Zomato Over Non-Payment of Dues |
| Tue, 18 Mar 2025 11:07:51 IST |
| Food delivery giant Zomato is facing an insolvency plea filed by Nona Lifestyle, a B2B apparel manufacturer over non-payment of dues upto ?1,64,83,194 for the uniforms worn by delivery partners and other apparel. |
| CIVIL - Bom. HC: Prosecutions Must Not be Launched to Stifle Agitations that are Part of Democratic Process |
| Mon, 17 Mar 2025 11:34:46 IST |
| Bombay HC has observed that prosecutions must not be launched to stifle agitations that are part of the democratic process so long as people do not take the law into their own hands or indulge in violence or damage to public or private property. |
| SERVICE - Bombay High Court: Criteria of Entitlement to Pension is Retirement |
| Mon, 17 Mar 2025 11:34:35 IST |
| Bombay High Court has observed that the criteria of entitlement to pension is retirement and mode of retirement for pension is irrelevant for the purpose of Section 14 and 15(1) of High Court Judges (Salaries and Conditions of Services) Act 1954. |
| CIVIL - AP HC: There should be Application of Mind before Issuing LOC |
| Mon, 17 Mar 2025 11:34:26 IST |
| Andhra Pradesh HC while holding that authorities should apply mind to the facts of each case before issuing a Look-Out Circular (LOC), has observed that LOC has adverse consequences as it makes a person surrender and consequentially interferes with his right to personal liberty and free movement. |
| SERVICE - J&K HC: Individual Seeking Reservation in EWS Must Not Fall Under Reserved Categories |
| Mon, 17 Mar 2025 11:34:15 IST |
| J&K HC has observed that an individual seeking to claim reservation in the Economically Weaker Sections (EWS) category must not fall under any of the reserved categories, including Scheduled Tribes (STs), Scheduled Castes (SCs), Reserved Backward Areas (RBA) or any other similar categories. |
| CIVIL - J&K HC: Cannot Disengage SPOs without Following Due Process |
| Mon, 17 Mar 2025 11:34:04 IST |
| J&K HC has observed that Special Police Officers (SPOs) cannot be disengaged from service without being provided a reasonable opportunity to show cause and meet the charges levelled against them as they enjoy the same protections as regular police officers. |
| ELECTION - SC: Committee Invites Suggestions Regarding Reforms in SCBA Bye-laws |
| Mon, 17 Mar 2025 11:33:52 IST |
| The committee constituted to propose reforms of Supreme Court Bar Association (SCBA) election provisions has invited suggestions from members of SCBA regarding reforms in the bye-laws. |
| CIVIL - J&K HC: Can Appoint Commissioner for Investigation Only when Evidence is Inconclusive |
| Mon, 17 Mar 2025 11:33:40 IST |
| J&K High Court has observed that there can be appointment of a Commissioner for local investigation under Order 26 Rule 9 of the Civil Procedure Code, 1908 only when evidence before the trial court is inconclusive and requires clarification. |
| LAW OF MEDICINE - Ker. HC: Motherhood is a Deeply Personal and Fundamental Aspect of Life |
| Mon, 17 Mar 2025 11:33:26 IST |
| Ker HC while setting aside the decision in Rajitha P.V. and Ors. Vs. Union of India and Ors.(MANU/KE/0432/2025), has observed that motherhood is a deeply personal and fundamental aspect of life. Any interpretation that results in depriving someone of it permanently has to be approached with caution. |
| CRIMINAL - Ker. HC: Concept that Women Won't Make False Sexual Assault Allegations is Outdated |
| Mon, 17 Mar 2025 11:33:15 IST |
| Kerala High Court has observed that nowadays the old concept that women won't make false sexual assault allegations is outdated as there are cases of rape, sexual molestation and other misconduct without any iota of truth in order to settle a score. |
| CRIMINAL - Ker. HC: Can't Hold Person Liable for Act Committed on Body he Believes to be Lifeless |
| Mon, 17 Mar 2025 11:33:04 IST |
| Kerala High Court has observed that if an act is committed on a body which a person believed to be lifeless at the time of commission of such act, the offence is not attracted as when the act was performed the person did not have the intention of causing death or harm. |
| INSOLVENCY - NCLAT: OC Can Trigger CIRP Process Only When there is an Undisputed Debt |
| Mon, 17 Mar 2025 11:32:53 IST |
| NCLAT New Delhi bench has held that Operational Creditor (OC) can trigger CIRP Process only when there is existence of an undisputed debt and default in payment. |
| ARBITRATION - Delhi HC: Enquiry u/s 11 of A&C Act Limited to Existence of Arbitration Agreement |
| Thu, 13 Mar 2025 13:46:54 IST |
| Delhi High Court while reiterating the scope of the inquiry under Section 11 of Arbitration and Conciliation Act, 1996, stated that the scope is limited to examining the prima facie existence of the arbitration agreement. |
| CRIMINAL - Bom HC: DGP to Investigate 'False Rape Cases Racket' Allegedly Run by Cop and Women Lawyers |
| Thu, 13 Mar 2025 13:46:44 IST |
| Bombay High Court while asking DGP of Maharashtra to consider a complaint about a cop and women lawyers running false 'rape cases racket' has observed that genuine cases of rape get affected because of 'false rape cases'. |
| EDUCATION - Bombay HC Upholds Suspension of TISS Student for Participating in Anti-National' Activities |
| Thu, 13 Mar 2025 13:46:33 IST |
| The Bombay High Court has upheld the suspension of a Tata Institute of Social Sciences (TISS) PhD student, Ramadas KS, who was debarred for 2 years for participating in a protest under the banner of PSF - TISS against the BJP government and implementation of National Education Policy (NEP). |
| MEDIA AND COMMUNICATION - Delhi High Court Directs to Take Down YouTuber 'Defamatory' Video on Sadhguru, Isha Foundation |
| Thu, 13 Mar 2025 13:46:23 IST |
| The Delhi High Court has ordered to take down YouTuber, Shyam Meera Singh's recent, allegedly defamatory YouTube video on Isha Foundation and its founder spiritual leader Sadhguru Jaggi Vasudev. |
| TENANCY - Ker. HC: Eviction Can be Overturned Only When Subsequent Events Completely Negate Landlord's Needs |
| Thu, 13 Mar 2025 13:46:13 IST |
| Kerala High Court has clarified that only those subsequent events that completely negate the landlord's bonafide requirement of premises can be considered as decisive for overturning an eviction order. |
| CONTEMPT OF COURT - Kerala High Court: Lawyer Recording Proceedings of Courts Amounts to Contempt of Court |
| Wed, 12 Mar 2025 11:33:55 IST |
| Ker. HC has observed that recording of proceedings of the Court constitute contempt of court as it amounts to interference with the administration of justice and lowers the dignity of this Court especially when the Rules of this Court prohibit recording of the proceedings of this Court. |
| CRIMINAL - Delhi Court Orders FIR Against former Chief Minister Arvind Kejriwal |
| Wed, 12 Mar 2025 11:33:45 IST |
| A Delhi Court has directed registration of FIR against former Chief Minister Arvind Kejriwal in a complaint under the Delhi Prevention of Defacement of Property Act, 2007. |
| SERVICE - SC: Assessment of Candidates Solely on basis of Interview Draws Presumption of Arbitrariness |
| Wed, 12 Mar 2025 11:33:35 IST |
| Supreme Court has observed that assessment of candidates being based merely on the basis of marks at the interview, is reasonable for drawing a presumption of being misused for favoritism and could well be regarded as suffering from the vice of arbitrariness. |
| CRIMINAL - J&K High Court: Accused Already on Bail Can't be Re-Arrested for Different Offence in Same Case |
| Wed, 12 Mar 2025 11:33:26 IST |
| Jammu and Kashmir High Court has held that if an accused has been granted bail then he cannot be re-arrested for a different offence in the same case after an unreasonable delay. |
| SERVICE - J&K High Court: Courts Can't Compel Employer to Extend Contractual Relationship Once it Ends |
| Wed, 12 Mar 2025 11:33:16 IST |
| J&K High Court has observed that Court's role is limited to ensuring that the termination of the contract is done in accordance with the law but it cannot compel the employer to extend the contractual relationship, once it has come to an end. |
| COMMERCIAL - AP HC: Order of License Suspension Can't Partake Character of License Cancellation |
| Wed, 12 Mar 2025 11:33:06 IST |
| Andhra Pradesh High Court has held that order of license suspension can't partake character of license cancellation as suspension entails temporary debarment, whereas cancellation means to destroy the force, effectiveness, or validity of an order. |
| PROPERTY - P&H HC: It is Mortgagee's Inherent Right to Put Property on Public Auction on Failure of Payment |
| Wed, 12 Mar 2025 11:32:56 IST |
| Punjab & Haryana High Court has stated that there is an inherent right in the mortgagee, on the failure of liquidation of the relevant installments by the borrower, to subject the mortgage property to sale through public auction. |
| CRIMINAL - Ker. HC: When Acts Constitute Offence, Shutting Doors of Criminal Court would be Travesty of Justice |
| Wed, 12 Mar 2025 11:32:47 IST |
| Kerala High Court has observed that it would amount to travesty of justice to shut out the doors of criminal court against a party for the sole reason that he had opted for civil remedy to mitigate the loss caused to him due to the wrongful acts committed by his opponent. |
| CRIMINAL - Ker. HC: Even If No Offence Revealed During Probe, CBI Can File Final Report |
| Wed, 12 Mar 2025 11:32:37 IST |
| Ker. High Court has observed that CBI is not deprived of investigative powers when it is found during investigation that no offences under the Prevention of Corruption Act, 1988 (PC Act) were made out. Thus, CBI can file a final report alleging only non- Prevention of Corruption Act, 1988 offences. |
| CONSUMER - Karnataka HC Stays Bangalore District Consumer Commission Order Holding PVR Liable for Wasting Time |
| Tue, 11 Mar 2025 11:34:33 IST |
| Karnataka High Court has granted interim relief to PVR by staying the order passed by Bangalore District Consumer Commission which held PVR liable to pay compensation to a complainant for wasting time by showing long advertisements. |
| SERVICE - SC: Absolute Scrupulousness in Selection Process Rejuvenates the Faith of Public |
| Tue, 11 Mar 2025 11:34:22 IST |
| Supreme Court has observed that in India, there are far more takers of Government jobs than there are jobs available. Absolute scrupulousness in the process for selection instills and further rejuvenates the faith of the public that deserving candidates have been installed to such positions. |
| CRIMINAL - SC: Accused to be Sentenced with Higher Punishment if Convicted under both POCSO Act & IPC |
| Tue, 11 Mar 2025 11:34:11 IST |
| SC has clarified that when a particular act or omission constitutes an offence, both under the POCSO Act, 2012 and IPC, 1860 the offender found guilty of the offence would be liable to punishment under the POCSO Act, 2012 or under IPC whichever provides a punishment of a greater degree. |
| CRIMINAL - SC: Bail Granted by Court on Conditions to be Examined by Detaining Authority |
| Tue, 11 Mar 2025 11:34:01 IST |
| Supreme Court has observed that when bail is granted by the jurisdictional Court, that too on conditions, the detaining authority needs to examine whether they are sufficient to curb the evil of further indulgence in identical activities which is the very basis of the preventive detention ordered. |
| ARBITRATION - Cal HC: To Prove Fraud in Arbitral Award, Important to Demonstrate Unethical Behaviour of Arbitrator |
| Tue, 11 Mar 2025 11:33:50 IST |
| Calcutta High Court has observed that in order to prove that passing of award has been vitiated by fraud, it is important for the parties to show that arbitrator's unethical behaviour surpassed all moral standards. |
| SERVICE - SC Discharges Persons Accused of Not Providing Safety Equipment to their Employees |
| Tue, 11 Mar 2025 11:33:40 IST |
| Supreme Court has discharged persons accused of not providing safety equipment to their employees while working on a signboard by using an iron ladder which lead to their death due to electrocution. |
| CRIMINAL - J&K HC: Failure of Trial Court to Frame Issue of Maintainability Doesn't Limit Powers of Appellate Co |
| Tue, 11 Mar 2025 11:33:29 IST |
| Jammu and Kashmir High Court has observed that if the Trial Court omits to frame an issue on the maintainability of the suit it does not limit the appellate court's power to decide the issue of maintainability. |
| SERVICE - J&K HC: Denying Benefits of Reservation in Promotion in UT of J&K is against Concept of Equality |
| Tue, 11 Mar 2025 11:33:19 IST |
| J&K High Court has observed that denying benefits of reservation in promotion in the UT of J&K amounts to treating reserved category employees of the UT of J&K differently than the reserved category employees/candidates of the rest of the country which is antithetical to the concept of equality. |
| SERVICE - J&K HC: Can't Maintain Suit for Damages for Wrongful Dismissal Unless Termination Declared Wrongful |
| Tue, 11 Mar 2025 11:33:08 IST |
| Jammu and Kashmir High Court has held that a suit for damages due to wrongful dismissal cannot be maintained unless the termination of employee is challenged and ultimately declared wrongful. |
| CONSTITUTION - Guj. HC: State to Take Stand on Challenge to Gujarat Local Authorities Laws (Amendment) Act 2023 |
| Tue, 11 Mar 2025 11:32:57 IST |
| Gujarat High Court has sought the stand of State Government on a PIL challenging the constitutional validity of the Gujarat Local Authorities Laws (Amendment) Act 2023. |
| CRIMINAL - Gujarat High Court, Constitutional Validity, State Government |
| Tue, 11 Mar 2025 11:32:47 IST |
| Gauhati High Court has observed that mere breach of contract cannot give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction. |
| CRIMINAL - Ker. HC: Sexual Offences Against Children and Women are on the Increase |
| Tue, 11 Mar 2025 11:32:36 IST |
| Ker HC while refusing to invoke provisions of the Probation of Offenders Act, 1958 in favour of accused convicted under Section 377 and 506 of IPC, has observed that of late sexual offences against children and women are increasing and invoking such provisions may send a wrong message to society. |
| ARBITRATION - Delhi HC: Can Grant Arbitral Award on the Basis of Evidentiary Admissions |
| Tue, 11 Mar 2025 11:32:26 IST |
| Delhi High Court has observed that power to pass an award on admissions is wide and there is no bar on granting an award of admissions in the case of evidentiary admissions. |
| INSOLVENCY - NCLAT: Existence of Financial Debt Essential for Initiating Proceedings under Section 7 of IBC |
| Tue, 11 Mar 2025 11:32:16 IST |
| NCLAT New Delhi bench while dismissing a petition filed under Section 7 of the Insolvency and Bankruptcy Code, 2016, has stated that for initiating proceedings under Section 7 existence of financial debt and corresponding default is an essential condition. |
| CIVIL - SC: App. u/s 47 Raising Question of Right/Title to be Treated as Application Under Order 21 Rule 97 |
| Mon, 10 Mar 2025 12:01:01 IST |
| Supreme Court has observed that an application filed under Section 47 of CPC raising questions of right, title, or interest in the property would be deemed as an application filed under Order XXI Rule 97 of CPC, 1908. |
| CRIMINAL - SC: Considering Section 319 CrPC Application After Trial Based On HC's Revision Order Not Illegal |
| Mon, 10 Mar 2025 12:00:51 IST |
| SC has observed that if HC passes an order in exercise of its revisional jurisdiction by either setting aside or modifying the order of Trial Court for purpose of Section 319 of CrPC, the same would relate back to the original order passed by Trial Court and substitute it to extent of modification. |
| INTELLECTUAL PROPERTY RIGHTS - Supreme Court Grants Relief to Pune's 'Burger King' |
| Mon, 10 Mar 2025 12:00:40 IST |
| Supreme Court has granted interim relief to Pune's iconic Burger King by staying the order passed by Bombay High Court which restrained the eatery from using the trademark 'Burger King'. |
| ELECTION - SC: Each and Every Document Pertaining to an Election is Important |
| Mon, 10 Mar 2025 12:00:29 IST |
| Supreme Court has observed that candidate in the election wanting to keep an eye on voting during the day and inspect records of the same is something which cannot be denied to them. Each and every document pertaining to an election is important and all efforts should be made to preserve the same. |
| DIRECT TAXATION - Delhi HC: Benchmarking Analysis to be Preceded by Revenue Identifying Existence of a Transaction |
| Mon, 10 Mar 2025 12:00:19 IST |
| Delhi HC has observed that the commencement of a benchmarking analysis would have to necessarily be preceded by the Revenue before identifying the existence of a transaction as defined and which undoubtedly constitutes a sine qua non. |
| CIVIL - SC: Lawyer-Client Relationship is Fiduciary and the Former is Cast in Terms of Agency of the Latter |
| Mon, 10 Mar 2025 12:00:09 IST |
| SC has observed that a lawyer-client relationship is fiduciary and the lawyer is to respect the decision-making right of the client. It flows from this that any undertaking given to a Court cannot be without requisite authority from the client. |
| CIVIL - Supreme Court AORA Launches Help Desk to Assist Members with Procedural and Substantive Matters |
| Mon, 10 Mar 2025 12:00:00 IST |
| Supreme Court Advocates-on-Record Association (SCAORA) has launched a help desk staffed by experienced AORs to assist its members with procedural and substantive matters related to Supreme Court practice. |
| FAMILY - MP HC: Compelling the Wife to Discontinue Her Studies Amounts to Cruelty |
| Mon, 10 Mar 2025 11:59:49 IST |
| MP HC has observed that compelling the wife to discontinue her studies is equivalent to destroying her dreams in the beginning of their marital life and certainly amounts to mental cruelty constituting a ground of divorce under section 13(1)(ia) of the Hindu Marriage Act, 1955. |
| CIVIL - Assault of Tribal Woman: Guj. HC States Restorative Care to be Provided to her Extremely Important |
| Mon, 10 Mar 2025 11:59:39 IST |
| Gujarat High Court while hearing a suo motu plea relating to the reported assault of a tribal woman, has stated that the rehabilitation and restorative care which are to be provided to her are of utmost importance. |
| MEDIA AND COMMUNICATION - Bom HC Grants Relief to Karan Johar by Refusing Release of 'Shaadi Ke Director Karan Aur Johar' Film |
| Mon, 10 Mar 2025 11:59:30 IST |
| Bombay High Court has granted relief to film-maker and producer Karan Johar by refusing to lift stay on the release of a film "Shaadi Ke Director Karan Aur Johar". |
| CIVIL - Cal. HC: Organisation Once Recognized as Minority will Always be Minority |
| Mon, 10 Mar 2025 11:59:20 IST |
| Calcutta High Court has held that once the status of minority has been given to an organization it will always be recognised as a minority institution and there is no requirement to routinely approach the state authorities to retain such status. |
| INSOLVENCY - NCLAT: Resolution Plan of Corporate Debtor to be Proceeded Strictly |
| Mon, 10 Mar 2025 11:59:09 IST |
| NCLAT New Delhi bench while dismissing an appeal filed by the suspended directors of the Supertech Township Projects Ltd, has stated that resolution plan of the corporate debtor must proceed strictly as per the Insolvency and Bankruptcy Code, 2016. |
| CRIMINAL - Kerala HC: Accused Has No Right to Dictate Terms of Investigation |
| Mon, 10 Mar 2025 11:58:54 IST |
| Kerala High Court has observed that an accused has no absolute right to seek further investigation or to dictate terms for investigation or to say that the investigation shall go in a particular manner. |
| CRIMINAL - J&K HC: Authorities Must Ensure that Anonymity of Victim in Cases u/s 376 or POCSO Act is Maintained |
| Mon, 10 Mar 2025 11:58:43 IST |
| Jammu and Kashmir High Court has directed that state authorities must ensure that anonymity of victim in cases under section 376 of IPC or POCSO Act, 2012 is maintained. |
| CRIMINAL - Kerala HC: Mental Condition of the Youngsters of Our Country is Astonishing and Disturbing |
| Mon, 10 Mar 2025 11:58:33 IST |
| Kerala High Court has stated that the mental condition of the youngsters of our country is astonishing and disturbing. There is no purpose in blaming the young generation. The society and parents should watch them closely and monitor that their relationship is with good people. |
| GOODS AND SERVICES TAX - Allahabad HC: Mandatory for Seller to Download E-Way Bill Once Goods Put in Transit |
| Mon, 10 Mar 2025 11:58:23 IST |
| Allahabad High Court has held that it is mandatory on the part of the seller to download the e-way bill once the goods are put in transit. Subsequent downloading of e-way bill would not absolve the liability under the State Goods and Service Tax Act, 2017. |
| INSOLVENCY - NCLAT: Expecting SRA to Accept Belated Claims would tantamount to subjecting SRA to Uncertainty |
| Mon, 10 Mar 2025 11:58:13 IST |
| NCLAT New Delhi bench while dismissing appeals filed after an inordinate delay under Section 61 of IBC, 2016, has observed that to expect belated claims to be accepted by the Successful Resolution Applicant(SRA) would tantamount to subjecting the SRA to the uncertainty of undecided claims. |
| TENANCY - Rajasthan HC: Tenancy Act Mandates Maintainability of Revision Petition Only in "Decided" Case |
| Mon, 10 Mar 2025 11:58:00 IST |
| Rajasthan HC has observed that the Rajasthan Tenancy Act, 1955 mandates the maintainability of the revision petition only in a "decided" case by the subordinate revenue court where no appeal lies and secondly, on the ground of jurisdictional error committed by the lower revenue courts. |
| ARBITRATION - Calcutta HC: Can Grant Unconditional Stay of Award if it is Induced by Fraud |
| Mon, 10 Mar 2025 11:57:49 IST |
| Calcutta High Court has observed that an unconditional stay of award can be granted if it is affected or induced by fraud or corruption. However an honest mistake or erroneous application of law by the arbitrator would not amount to corruption. |
| INSOLVENCY - NCLAT: Can't Lay Down Straight Jacket Formula for Adjudication of Application u/s 12A of IBC |
| Mon, 10 Mar 2025 11:57:37 IST |
| NCLAT New Delhi bench has held that for adjudication of application under Section 12A of Insolvency and Bankruptcy Code, 2016 by the Adjudicating Authority, no straight jacket formula can be laid down. |
| CIVIL - SC Directs HCs to Call for Information Regarding Pendency of Execution Petitions in District Courts |
| Fri, 07 Mar 2025 12:09:39 IST |
| SC has directed HCs to call for necessary information from their respective district judiciary regarding pendency of execution petitions. The HCs shall thereafter issue order directing their respective district judiciary to ensure disposal of execution petitions within six months without fail. |
| CRIMINAL - SC: Filing of Cheque Dishonour Complaint to be at Place of Payee Bank |
| Fri, 07 Mar 2025 12:09:29 IST |
| Supreme Court has observed that a complaint of cheque dishonor under Section 138 of the Negotiable Instruments Act, 1881 should be filed in the Court having jurisdiction over the bank where the payee presents the cheque for collection. |
| CRIMINAL - SC: Parameters for Grant of Anticipatory Bail in Serious Offence Like Corruption Are to be Satisfied |
| Fri, 07 Mar 2025 12:09:18 IST |
| SC has observed that parameters for grant of anticipatory bail in a serious offence like corruption are required to be satisfied. Anticipatory bail can be granted only in exceptional circumstances where the Court is of the view that the applicant has been falsely enroped in the crime. |
| CIVIL - SC: Party to Remain Liable for Prior Violation Even if Injunction Order Subsequently Set Aside |
| Fri, 07 Mar 2025 12:09:08 IST |
| Supreme Court has observed that courts will not be precluded from holding a party guilty of disobedience of injunction order committed during the pendency of the order even if the injunction order is subsequently set aside. |
| CIVIL - SC Criticizes UP Government for Demolishing Houses |
| Fri, 07 Mar 2025 12:08:59 IST |
| Supreme Court has criticized the Uttar Pradesh Government for demolishing houses in Prayagraj. The Court after expressing strong disapproval stated that such actions send a shocking and wrong signal. |
| INTELLECTUAL PROPERTY RIGHTS - Del. HC: Moti Mahal Restaurant Files Trademark Infringement Suit against Moti Mahal Delux |
| Fri, 07 Mar 2025 12:08:49 IST |
| Moti Mahal Delux Management Services Private Limited that runs the popular restaurant chains of Moti Mahal has filed a trademark infringement suit against Moti Mahal Delux in the Delhi High Court. |
| CRIMINAL - SC: Abetment to Commit Suicide Involves a Mental Process of Instigating a Person |
| Fri, 07 Mar 2025 12:08:39 IST |
| Supreme Court has observed that abetment to commit suicide involves a mental process of instigating a person or intentionally aiding a person in the doing of a thing. Without a positive proximate act on the part of accused to instigate or aid in committing suicide, conviction cannot be sustained. |
| CRIMINAL - SC: Order of Transfer of Trial is Not to be Passed as a Matter of Routine |
| Fri, 07 Mar 2025 12:08:29 IST |
| SC has observed that an order of transfer of trial is not to be passed as a matter of routine & more particularly on the plea of lack of territorial jurisdiction of the court to try offence under Section 138 of the NI Act, 1881. This power has to be exercised cautiously & in exceptional situations. |
| FAMILY - Ker. HC: Step-Parent Can't Adopt Child without Consent of Biological Parent |
| Fri, 07 Mar 2025 12:08:17 IST |
| Kerala High Court has observed that as long as the biological parent does not give his consent to the adoption of the child, the adoption by the step- parent cannot be permitted. |
| CIVIL - Delhi HC: Non-Appearance in Custom Matters Leads to Gross Wastage of Judicial Time |
| Fri, 07 Mar 2025 12:08:07 IST |
| Del. HC has observed that a large number of customs matters, the Counsels are either not appearing or appear without proper instructions which reflects a clear lack of coordination between the Department and Counsels. Such a practice is highly undesirable and leads to gross wastage of judicial time. |
| ENVIRONMENT - Meghalaya HC: Applicants to Explain How Trees Have Become Dangerous to Life & Property |
| Fri, 07 Mar 2025 12:07:55 IST |
| Meghalaya High Court has directed the State Authorities to instruct applicants who have filed applications for felling of trees to explain how these trees have become dangerous to life and property. |
| INTELLECTUAL PROPERTY RIGHTS - Bom. HC Restrains Entity from Using Trademark Similar to STREAX |
| Fri, 07 Mar 2025 12:07:44 IST |
| Bombay High Court has restrained an entity from using a trademark that is deceptively similar to the hair color brand Streax. The Court found that the adoption of the impugned trademark by the entity appears to be dishonest. |
| EDUCATION - P&H HC Seeks Affidavit from Government Over Girls Dropping Out of Schools |
| Fri, 07 Mar 2025 12:07:34 IST |
| Punjab and Haryana High Court has sought fresh affidavit from Punjab Government in a matter relating to village girl students dropping out of schools due to non-availability of schools and infrastructure along Punjab's Patiala-Rajpura Highway. |
| INSOLVENCY - NCLAT: Approval of RP Can't be Questioned by OC When Provided with More than Liquidation Value |
| Fri, 07 Mar 2025 12:07:23 IST |
| NCLAT New Delhi bench has held that Operational Creditors cannot question Resolution Plan approved by the Adjudicating Authority when they are provided more than the liquidation value under the Plan. |
| ENVIRONMENT - Supreme Court: Tree Census to be Undertaken in Taj Trapezium Zone |
| Thu, 06 Mar 2025 11:42:52 IST |
| SC has directed a tree census in the Taj Trapezium Zone (TTZ) for ensuring effective implementation of the Uttar Pradesh Protection of Trees Act, 1976. The Court further directed TTZ authority to appoint Forest Research Institute (FRI) as an authority to carry out tree census of the existing trees. |
| CIVIL - SC Asks Chief Secretary of Uttarakhand to Explain Misutilization of CAMPA Funds |
| Thu, 06 Mar 2025 11:42:41 IST |
| Supreme Court has asked the Chief Secretary of Uttarakhand to explain why the CAMPA funds which are meant for improving the green cover across the country were misused for inadmissible purposes including purchase of iPhones, laptops, etc. |
| PROPERTY - Supreme Court Hints at Directing CBI Probe into Builder-Banks Nexus |
| Thu, 06 Mar 2025 11:42:31 IST |
| Supreme Court has hinted at directing a CBI probe into a builder-banks nexus and expressed that some real estate companies and banks which sanction loans to them for their project in the NCR region take homebuyers to ransom by forcing them to pay EMIs without having obtained possession of flats. |
| CRIMINAL - SC: Can't Hold Independent Directors Liable under NI Act Unless Direct Involvement Shown |
| Thu, 06 Mar 2025 11:42:21 IST |
| Supreme Court has observed that non-executive and independent directors cannot be held liable under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 (NI Act) unless specific allegations demonstrate their direct involvement in affairs of the company at the relevant time. |
| LAW OF EVIDENCE - Supreme Court: Must Treat Opinion of Handwriting Expert with Caution |
| Thu, 06 Mar 2025 11:42:11 IST |
| Supreme Court has observed that the approach of a court while dealing with the opinion of a handwriting expert should be to proceed cautiously, probe the reasons for the opinion, consider all other relevant evidence and decide finally to accept or reject it. |
| FAMILY - Delhi HC Expresses Displeasure Over Non-Compliance of Compulsory Registration of Marriages |
| Thu, 06 Mar 2025 11:42:01 IST |
| Delhi High Court has expressed displeasure at the Union and Delhi Governments over non-compliance of order by Supreme Court that directed compulsory registration of marriages, irrespective of faith. |
| CYBER LAWS - Bombay HC Expresses Displeasure Over Ineffective Function of Helpline Number for Fraud |
| Thu, 06 Mar 2025 11:41:51 IST |
| Bombay High Court has expressed displeasure over the ineffective functioning of national helpline number '1930' for 'cyber fraud' and remarked that the authorities should either ensure that the number works or just inform the public that they can't help them. |
| CRIMINAL - Bom HC: Telling Person that B.R. Ambedkar's Respect is Reduced Due to Followers Like him Not Offence |
| Thu, 06 Mar 2025 11:41:41 IST |
| Bombay High Court while quashing an FIR against a person who told another person that respect of Dr. B.R. Ambedkar is reduced because of followers like him, has stated that such an act would not fall within the ambit of defamation and is not an offence. |
| GOODS AND SERVICES TAX - Bombay High Court to Decide if Donuts & Cakes Should be Taxed under GST |
| Thu, 06 Mar 2025 11:41:31 IST |
| Bombay High Court has addressed the issue of whether the supply of donuts falls within the ambit of restaurant services and is set to decide whether donuts & cakes should be taxed at 5% or 18% under Goods and Services Tax. |
| CIVIL - Kerala High Court: 1998 State Law Inadequate to Curb Menace of Ragging |
| Thu, 06 Mar 2025 11:41:20 IST |
| Kerala High Court has stated that Kerala Prohibition of Ragging Act, 1998 is inadequate to curb menace of ragging and there is a need to frame new rules to effectively tackle with the issue. |
| CIVIL - Guj. HC Expresses Displeasure Over Municipality's Absolute Silence on Death of Sanitation Workers |
| Thu, 06 Mar 2025 11:41:10 IST |
| Gujarat High Court has expressed displeasure over absolute silence by Chief Officer of Patdi Nagar Palika (Municipality) in a matter relating to death of two sanitation workers during manual scavenging. |
| CRIMINAL - Mad. HC No Interference with Order Allowing FIR against Channel Revealing Identity of POCSO Victim |
| Thu, 06 Mar 2025 11:38:19 IST |
| Madras High Court has refused to interfere with an order of Special Judge for POCSO cases, Chennai in which registration of an FIR was directed against a Tamil news channel for allegedly revealing the identity of a victim in a POCSO case. |
| ENVIRONMENT - Delhi HC: Impermissible to Award Less Than Minimum Prescribed Sentence Under Wildlife Protection Act |
| Thu, 06 Mar 2025 11:38:07 IST |
| Delhi High Court has stated that it is impermissible to award less than minimum prescribed sentence under Wildlife Protection Act, 1972 as granting a lesser sentence would frustrate the very object of the Act and set a dangerous precedent for future cases. |
| ENVIRONMENT - Delhi HC: Yamuna Floodplain Area is a Designated Prohibited Activity Zone |
| Thu, 06 Mar 2025 11:37:55 IST |
| Del. HC has observed that Yamuna floodplain area is a designated prohibited activity zone and serves as a vital element of the river ecosystem. Encroachment upon this area disrupts the natural flow of water, resulting in the diversion of watercourses and contributing to flooding in adjacent regions. |
| GOODS AND SERVICES TAX - Delhi HC: Additional Duty on Re-Import of Aircraft Parts is Unconstitutional |
| Thu, 06 Mar 2025 11:37:44 IST |
| Delhi HC has observed that additional duty on re-import of aircraft parts, even after the transaction has been subjected to the imposition of a tax treating it to be a supply of service would be clearly unconstitutional and cannot be sustained. |
| ENVIRONMENT - SC Warns States/UTs for Not Forming Expert Committees for Identification of Forest Areas |
| Wed, 05 Mar 2025 12:12:16 IST |
| SC has directed all states/UTs in which expert committees for identification of forest areas have not been constituted, to constitute such committees within 1 month. The Court further warned Chief Secretaries and Administrators of States/UTs to personally hold them liable in case of non-compliance. |
| ADMINISTRATIVE - SC Expresses Surprise over NCLAT Writing 17 Page Order Despite High Pendency |
| Wed, 05 Mar 2025 12:12:06 IST |
| Supreme Court has observed why the NCLAT which has a high pendency should devote so much of time and energy in writing an order running into 17 pages for considering the application for condonation of delay. |
| CRIMINAL - J&K HC: Burden of Proof that Seized Samples were Not in Safe Custody Doesn't Lie on Accused |
| Wed, 05 Mar 2025 12:11:55 IST |
| Jammu and Kashmir High Court has held that the burden of proof that seized samples were not in safe custody does not lie on the accused rather it lies on the prosecution to establish their safe handling and ensure that tampering was impossible. |
| CIVIL - J&K HC: Executing Courts Have Authority to Adjudicate Claim of Obstruction Under O.21 Rule 97 of CPC |
| Wed, 05 Mar 2025 12:11:45 IST |
| Jammu and Kashmir High Court has observed that under Order 21 Rule 97 of Code of Civil Procedure, 1908 (CPC), the executing court is empowered to examine and determine obstruction claims within the execution proceedings, eliminating the need for institution of a separate litigation. |
| GOODS AND SERVICES TAX - Tel. HC: Mandatory for SCN Issued on Online Portal to Have Digital Signature of Competent Authority |
| Wed, 05 Mar 2025 12:11:35 IST |
| Telangana High Court has observed that show-cause notices issued on the online portal under Chapter XVII of the Central/Telangana State Goods and Services Rules, 2017 (GST Rules) shall mandatorily have appropriate officer's digital signature in order to be valid. |
| DIRECT TAXATION - Delhi HC: Section 260A Doesn't Envisage Filing of Cross-Objections by Opposite Party |
| Wed, 05 Mar 2025 12:11:25 IST |
| Delhi High Court has held that Section 260A of the Income Tax Act, 1961 which deals with appeals to the High Court does not enable the respondent in an appeal to prefer cross-objections. |
| ADMINISTRATIVE - Supreme Court Expresses Concerns about Vacancy of Judges in District Judiciary |
| Wed, 05 Mar 2025 12:11:15 IST |
| Supreme Court while hearing proceedings initiated in relation to addressing the systematic flaws under the POCSO Act, 2012 has expressed concerns about the vacancy of judges in the District Judiciary resulting in delay in trials in Special Courts created for POCSO Act offences. |
| CONTEMPT OF COURT - Ker. HC: Appeals u/s 19 of Contempt of Court Act Can Only be Against Order that Imposes Punishment |
| Wed, 05 Mar 2025 12:11:05 IST |
| Kerala HC has observed that the scheme of S. 19 of Contempt of Courts Act, 1971, the Rules framed thereunder indicate that only those orders which are inextricably connected to and incidental to the order of punishment can be the subject matter of an appeal along with the order imposing punishment. |
| CRIMINAL - Delhi HC: Not Supplying 'Grounds of Arrest' to Accused Either in Arrest Memo or Separately is Illegal |
| Wed, 05 Mar 2025 12:10:54 IST |
| Delhi High Court declared the arrest of a man as illegal after noting that "grounds of arrest" were neither given to accused in the arrest memo nor separately. |
| INTELLECTUAL PROPERTY RIGHTS - Delhi HC Restrains Azure Hospitality Pvt. Ltd. from Playing PPL's Copyrighted Songs at its Restaurant |
| Wed, 05 Mar 2025 12:10:44 IST |
| Delhi High Court has restrained Azure Hospitality Private Limited which runs several restaurants like Mamagoto, Dhaba from playing Phonographic Performance Limited's (PPL) copyrighted songs at the premises of its restaurants. |
| INSOLVENCY - SC: Interim Moratorium Not Applicable to Penalty Proceedings under Consumer Protection Act |
| Wed, 05 Mar 2025 12:10:31 IST |
| Supreme Court has held that interim moratorium under Section 96 of the Insolvency & Bankruptcy Code, 2016 (IBC) is not applicable on penalty proceedings under Section 27 of the Consumer Protection Act, 1986. |
| CIVIL - Supreme Court: Failure on Part of State Led to Development of Private Hospitals |
| Wed, 05 Mar 2025 12:10:21 IST |
| Supreme Court has observed that in proportion to the population of this country, the states have not been able to develop the requisite medical infrastructure to cater the needs of all kinds of patients which led to setting up of private hospitals to cater to the needs of all kind of patients. |
| FAMILY - SC: Due Credence to be Given to Expert Opinion if Confusion about Person's Capacity to Make Decision |
| Tue, 04 Mar 2025 11:39:19 IST |
| SC has observed that in the event there is any confusion or doubt regarding a person's capacity and ability to make independent decisions and if there is a definitive opinion on disability endorsed by a specialist, domain expert, or a doctor, the Court should give due credence to that opinion. |
| CRIMINAL - SC: Despite Evidence in Dowry Death Cases, Grant of Bail Shakes Public Confidence |
| Tue, 04 Mar 2025 11:39:10 IST |
| Supreme Court while cancelling bail granted to family members in a dowry death case after noting that prima facie evidence regarding dowry demand was available, has observed that allowing the accused to remain on bail undermines public confidence in the criminal justice system. |
| LABOUR AND INDUSTRIAL - SC: 'Manufacturing Process' Includes Washing & Dry Cleaning of Clothes |
| Tue, 04 Mar 2025 11:39:01 IST |
| SC has observed that 'Manufacturing process' means any process for washing or cleaning for its use, sale, transport, delivery or disposal. The linen deposited with launderer is, after washing and cleaning, delivered to customer for use, satisfying the ingredients of S. 2(m) of Factories Act, 1948. |
| CIVIL - Supreme Court Lifts Restriction on Ranveer Allahabadia on Airing his Shows |
| Tue, 04 Mar 2025 11:38:52 IST |
| Supreme Court has allowed YouTuber & Podcaster Ranveer Allahabadia to continue airing his shows subject to an undertaking that his own shown shall maintain the standards of decency and morality. |
| CIVIL - SC: Visually Impaired Candidates Cannot Be Said to be 'Not Suitable' for Judicial Service |
| Tue, 04 Mar 2025 11:38:42 IST |
| Supreme Court while signifying the rights of persons with disabilities, has observed that visually impaired candidates cannot be said to be 'not suitable' for judicial service and they are eligible to participate in selection for posts in judicial service. |
| SERVICE - Supreme Court Flags Issue of Engaging Contract Staff in Tribunals |
| Tue, 04 Mar 2025 11:38:32 IST |
| Supreme Court while hearing petition raising issues regarding pendency vacancies and service conditions in tribunals, has flagged concerns regarding engagement of staff on contractual basis. |
| CRIMINAL - Supreme Court Grants Interim Bail to Accused on 'Trial Basis' |
| Tue, 04 Mar 2025 11:38:23 IST |
| Supreme Court while granting bail to accused in the Chhattisgarh Coal Levy Scam Case, has observed that the release of the petitioners on interim bail is on a trial basis, to strike a balance between liberty and fair investigation. |
| MEDIA AND COMMUNICATION - SC: Necessary to Serve Notice to User before Taking Down Content from Social Media |
| Tue, 04 Mar 2025 11:38:13 IST |
| Supreme Court while hearing a petition challenging blocking of social media accounts/posts without giving notice to users, has remarked that it is necessary to issue notice to users who are identifiable. |
| CRIMINAL - SC: Can't Presume Corruption by Misusing Authority if Proof of Bribe Absent |
| Tue, 04 Mar 2025 11:38:02 IST |
| Supreme Court has held that mere allegation of misuse of authority will not result in the presumption of bribery under Section 20 of the Prevention of Corruption Act, 1988 if proof of demand and acceptance of illegal gratification is absent. |
| CRIMINAL - SC: While Deciding Application for Leave to Appeal, Court must Consider if Arguable Points Exist |
| Tue, 04 Mar 2025 11:37:52 IST |
| Supreme Court has stated that High Court while deciding an application for leave to appeal under Section 378(3) of CrPC must determine whether a prima facie case exists or if arguable points have been raised. |
| CRIMINAL - Special Court in Mumbai Orders FIR against SEBI Chairperson and Others |
| Tue, 04 Mar 2025 11:37:42 IST |
| A Special Court in Mumbai while passing an order in an application under Section 156(3) CrPC, 1973 has directed the Anti-Corruption Bureau (ACB) to register a FIR against former Chairperson of SEBI and other members. |
| CRIMINAL - SC: Well-Settled in Our Jurisprudence That Bail is the Rule, And Jail is the Exception |
| Tue, 04 Mar 2025 11:37:32 IST |
| Supreme Court has observed that it is well-settled in our jurisprudence that bail is the rule, and jail is the exception. This rule must be applied while exercising power under Section 390 of the CrPC, as the position of the acquitted accused is on a higher pedestal than an accused facing trial. |
| LAW OF MEDICINE - Orissa HC Permits Termination of More than 24 Weeks Pregnancy |
| Tue, 04 Mar 2025 11:37:21 IST |
| Ori HC has allowed a minor rape victim aged about 13-year-old to undergo medical termination of more than 24-week-old pregnancy & stated that forcing a child to carry a pregnancy to term would place an unbearable burden on her body & mind, one that she is neither prepared for nor capable of bearing. |
| EDUCATION - Del. HC Issues Guidelines for Regulated Use of Smartphones by Students in Schools |
| Tue, 04 Mar 2025 11:37:11 IST |
| Delhi High Court has issued guidelines for regulated use of smartphones by students in schools, has observed that completely banning students from using of phones is not a desirable approach. |
| CIVIL - Delhi HC Restrains Entities from Publishing Confidential Data of Niva Bupa Health Insurance Company |
| Tue, 04 Mar 2025 11:37:01 IST |
| Delhi High Court has restrained certain unknown entities from publishing, distributing or disclosing confidential data of Niva Bupa Health Insurance Company regarding to its customers. |
| CRIMINAL - Del. HC: Joint Trials Not to be Held Between Child in Conflict With Law and an Adult Offender |
| Tue, 04 Mar 2025 11:36:51 IST |
| Delhi High Court has held that as per plain reading of Section 23 of Juvenile Justice (Care and Protection of Children) Act, 2015 there can be no doubt that joint trials ought not to be held between a child in conflict with law (being tried as an adult) and an adult offender. |
| CRIMINAL - Ker. HC: Order of AG Declining Sanction for Criminal Proceedings is Not Justiciable |
| Tue, 04 Mar 2025 11:36:41 IST |
| Kerala High Court has held that Advocate General refusal of granting sanction for initiation of criminal contempt proceedings under Section 15(1) of the Contempt of Courts Act, 1971 is not justiciable. |
| CRIMINAL - Del. HC Issues Directions to Courts for Compliance of Order regarding Expeditious Trial Conclusion |
| Tue, 04 Mar 2025 11:36:31 IST |
| Delhi High Court has issued directions to the trial courts regarding compliance of order passed by the High Court for expeditious conclusion of pending trials. |
| ENVIRONMENT - Delhi HC: Yamuna River Has Surpassed Threshold and Any Interference for Restoration is Not Justified |
| Tue, 04 Mar 2025 11:36:20 IST |
| Delhi High Court has observed that the present condition of the Yamuna River has surpassed the threshold where any further interference in its rejuvenation and restoration efforts whether under the guise of humanitarian or sympathetic considerations cannot be justified. |