| ENVIRONMENT - SC: NCR States to Ask Workers to Register Themselves on Portal for Receiving Subsistence Allowance |
| Fri, 06 Dec 2024 11:11:19 IST |
| Supreme Court has asked all the NCR States to convene meeting with workers union and urge them to get the workers registered on online portal in order to become eligible for receiving subsistence allowance for the period they remain unemployed due to ban on construction activities. |
| CIVIL - Rajya Sabha Passes the 'Bharatiya Vayuyan Vidheyak, 2024' |
| Fri, 06 Dec 2024 11:11:08 IST |
| Rajya Sabha has passed the Bharatiya Vayuyan Vidheyak, 2024 that seeks to replace the Aircraft Act, 1934. The bill aims at elevating safety standards, foster investments, and bring India's aviation regulatory framework in line with global norms. |
| CRIMINAL - Del. HC: It's a Disturbing Trend of Exploiting Social Media Platforms for Committing Sexual Offences |
| Fri, 06 Dec 2024 11:10:58 IST |
| Delhi High Court while rejecting bail application of accused in POCSO case, has noted that it is a disturbing trend of exploiting social media platforms in order to commit sexual offence especially against minors. |
| CIVIL - P&H HC: If People are Allowed to Stay All Night at Bars and Pubs, it will Hamper Indian Society |
| Fri, 06 Dec 2024 11:10:47 IST |
| P&H HC while questioning Haryana Government's policy of allowing sale of liquor past midnight in Gurugram & Faridabad, has observed that it cannot be remained unnoticed that if the people are allowed to stay all night at bars and pubs, the social strain of Indian society will be seriously hampered. |
| TRUSTS AND SOCIETIES - Ker. HC: Can't Call Putting Up Boards of Temples, Mosques on Busy Roads as Religious Practice |
| Fri, 06 Dec 2024 11:10:37 IST |
| Kerala High Court while hearing a plea on unauthorized boards/ banners in public places, has observed that it is not a religious practice to keep a board of a temple, mosque or church in a busy thoroughfare. |
| CIVIL - Ori HC: State Can't Question Maintain. of Suit for No Notice at Stage of Appeal if Not Done in WS |
| Fri, 06 Dec 2024 11:10:26 IST |
| Orissa High Court has observed that if State does not raise any objection about maintainability of suit in their written statement on the ground of non-issuance of notice under Section 80(1) of the C.P.C., 1908 then the same cannot be done for the first time at the stage of appeal. |
| CIVIL - Rajya Sabha Passes the Boilers Bill, 2024 |
| Thu, 05 Dec 2024 11:30:49 IST |
| Rajya Sabha has passed the Boilers Bill, 2024 which repeals the previous Boilers Act, 1923. The new bill includes provisions for regulation of boilers, safety of people working inside a boiler and uniformity in registrations. |
| CRIMINAL - SC: Buttondar Knife to be Prohibited Only if Used for Manufacture, Sale or Possession for Sale or Tes |
| Thu, 05 Dec 2024 11:30:37 IST |
| SC has observed that prohibition on a buttondar knife which has been brought under the mischief of the Arms Act, 1959 would be applicable only when the recovered knife is meant for the specified reasons i.e., 'manufacture, sale or possession for sale or test' as indicated in the DAD notification. |
| INSOLVENCY - NCLAT: Authority Can't Pass Adverse Remarks against RP Performing Duties as Per CoC's Instruction |
| Thu, 05 Dec 2024 11:30:25 IST |
| NCLAT New Delhi bench has held that the Adjudicating Authority cannot pass adverse remarks against the Resolution Professional who is performing duties as per the instructions of Committee of Creditors. |
| CRIMINAL - Del. HC: Collection of Funds to Commit Offence in Future Not Money Laundering Under PMLA |
| Thu, 05 Dec 2024 11:30:14 IST |
| Delhi High Court has stated that the proceeds of crime has to be generated as a result of criminal activity. The collection of funds in an illegal way to commit a scheduled offence in future is not an offence of money laundering under PMLA. |
| CIVIL - Gau. HC: Thorough Enquiry to be Conducted before Declaring a Monument as Ancient |
| Thu, 05 Dec 2024 11:30:03 IST |
| Gauhati HC has observed that the condition precedent for declaring any monument including tumulus/burial ground/cemetery as an ancient monument is that the State Government must first cause a thorough enquiry as to the antiquity and the age of the monument to be protected. |
| CIVIL - Rajasthan High Court: Suo-Motu Cognizance Taken Over Lack of Public Washrooms |
| Thu, 05 Dec 2024 11:29:52 IST |
| Rajasthan High Court while taking suo-motu cognizance over lack of sanitary public washrooms for women, has observed that the facilities available to women walking on the street are almost negligible and in no way proportionate to the existing facilities vis-a-vis the women population. |
| DIRECT TAXATION - Ker. HC: Loss in Derivative Business Would be a Business Loss for Purposes of Section 72 of IT Act |
| Thu, 05 Dec 2024 11:29:40 IST |
| Kerala High Court has observed that a loss in the derivative business would consequently be a business loss for the purposes of Section 72 of the Income Tax Act, 1961 and a set off of such business loss would have to be permitted against profits and gains of business as computed in terms of the Act. |
| SERVICE - Tel. HC: Teacher Eligibility Test Guidelines Framed to Ensure that Competent Persons are Recruited |
| Thu, 05 Dec 2024 11:29:29 IST |
| Tel. HC has observed that guidelines for conducting Teacher Eligibility Test have been framed to ensure that competent persons are recruited as Teachers and they should possess the essential aptitude and ability to meet the challenges of teaching at the primary and upper primary levels. |
| CRIMINAL - SC: Right to Get Legal Aid is a Fundamental Right of Accused, Guaranteed by Article 21 of COI |
| Wed, 04 Dec 2024 12:12:55 IST |
| SC has stated that right to get legal aid is a fundamental right of accused, guaranteed by Article 21 of COI. When an accused has either not engaged an advocate or doesn't have sufficient means to engage an advocate, it is trial court's duty to inform accused of his right to obtain free legal aid. |
| CRIMINAL - Supreme Court Issues Directions for Effective Compliance of POSH Act, 2013 |
| Wed, 04 Dec 2024 12:12:46 IST |
| Supreme Court after observing serious lapses in the implementation of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 has issued a comprehensive set of guidelines for effective compliance of the Act. |
| CIVIL - Bharatiya Vayuyan Vidheyak, 2024 tabled in Rajya Sabha |
| Wed, 04 Dec 2024 12:12:36 IST |
| Union Aviation Minister has tabled the Bharatiya Vayuyan Vidheyak, 2024 for passage in Rajya Sabha. The bill seeks to repeal the Aircraft Act, 1934 and was passed by Lok Sabha in the previous session of Parliament. |
| CIVIL - Lok Sabha passes Banking Laws (Amendment) Bill, 2024 |
| Wed, 04 Dec 2024 12:12:25 IST |
| Lok Sabha has passed the Banking Laws (Amendment) Bill, 2024 which includes bank accounts to have four nominees among other changes. Under this amendment depositors can either opt for simultaneous nominations or successive nominations. |
| CIVIL - Rajya Sabha Passes Oilfields (Regulation and Development) Amendment Bill, 2024 |
| Wed, 04 Dec 2024 12:12:13 IST |
| Rajya Sabha has passed the Oilfields (Regulation and Development) Amendment Bill, 2024 which aims at reforming the framework governing oil, gas exploration and production. The bill also delinks petroleum operation from mining operations to boost investment. |
| CRIMINAL - Del. HC: Judgment Requiring ED to Supply 'Reasons to Believe' to Arrestee to be Applied Prospectively |
| Wed, 04 Dec 2024 12:12:02 IST |
| Delhi High Court has held that the judgment in Arvind Kejriwal Vs. Directorate of Enforcement (MANU/SC/0610/2024; 2024 INSC 512), requiring supply of "reasons to believe" by Enforcement Directorate to a person arrested under PMLA as a separate document, will not have a retrospective application. |
| CRIMINAL - Cal. HC: Person Claiming Non-Access to a Relationship Has Right to Prove the Same |
| Wed, 04 Dec 2024 12:11:35 IST |
| Calcutta High Court has held that if an accused denies paternity of the child and claims non-access to a relationship it is the right of the accused to have the same proved by way of evidence available/ possible. |
| CRIMINAL - Supreme Court Issues Guidelines for Legal Aid Lawyers, Prosecutors |
| Tue, 03 Dec 2024 11:09:27 IST |
| SC, while setting aside the conviction of man accused of committing rape/murder without providing proper legal aid has issued guidelines explaining the role of Public Prosecutor and Legal Aid Counsels in maintaining procedural fairness & fundamental rights of accused during criminal trials. |
| ELECTION - SC Rejects Plea Challenging SC/ST Reservations in Punjab's Gram Panchayat Posts |
| Tue, 03 Dec 2024 11:09:16 IST |
| The Supreme Court has rejected the plea challenging reservation of seats for Scheduled Castes/Tribes in Gram Panchayat elections in village in Ferozepur, Punjab. |
| ENVIRONMENT - SC Refuses to Relax GRAP-IV Restriction in National Capital |
| Tue, 03 Dec 2024 11:09:05 IST |
| The Supreme Court has refused to relax the restrictions under the Graded Action Response Plan (GRAP) Stage-IV imposed in Delhi to tackle air pollution and decided to consider the same on December 5, after analysing the downward trend of the Air Quality Index (AQI). |
| CIVIL - SC to States/UTs: File Status Report on Suggestions for Proper Implementation of DV Act |
| Tue, 03 Dec 2024 11:08:54 IST |
| The Supreme Court has directed the States and Union Territories to file a status report in response to the suggestions given by an NGO for the effective implementation of the Protection of Women from Domestic Violence Act, 2005. |
| CRIMINAL - SC Stays Arrest of YSR Congress Party's Social Media Head for 2 weeks |
| Tue, 03 Dec 2024 11:08:42 IST |
| The Supreme Court has stayed the arrest to YSR Congress Party's social media head, Sajjala Bhargav Reddy for two weeks and directed him to approach the Andhra High Court for appropriate remedy. |
| CRIMINAL - SC Provides Interim Protection to Journalist Mamta Tripathi in UP Police FIR |
| Tue, 03 Dec 2024 11:08:31 IST |
| The Supreme Court has granted interim protection against coercive action to journalist Mamta Tripathi who was booked over an alleged defamatory video report dated September 23, 2023 published by Dainik Bhaskar. |
| CONTEMPT OF COURT - SC Stays Contempt Proceedings in Gujarat High Court Against Judicial Officer |
| Tue, 03 Dec 2024 11:08:20 IST |
| Supreme Court has stayed the contempt proceedings initiated against a judicial officer, by the Gujarat High Court and included him as a respondent in a contempt petition filed by a person who alleged that he was illegally arrested in violation of the SC's guidelines in the Arnesh Kumar case. |
| CRIMINAL - Calcutta HC Allows Bail Application of Former TMC aide Ayan Sil in Recruitment Scam Case |
| Tue, 03 Dec 2024 11:08:10 IST |
| Calcutta High Court has allowed a bail application filed by the former TMC leader, Santanu Banerjee's aide Ayan Sil in connection with the recruitment scam case, wherein high ranking Trinamool Congress leaders were being probed by the ED and CBI. |
| SERVICE - Raj. HC: Candidate's rejection merely because he suffered disability below the minimum degree illegal |
| Tue, 03 Dec 2024 11:07:59 IST |
| The Rajasthan HC while imposing cost on Oil and Natural Gas Corporation Limited for rejecting the candidature of a person with disability has observed that candidate's rejection merely because he suffered disability lower than minimum degree of disability of 40% was an illegal action by ONGC. |
| CRIMINAL - SC: Refusing to Marry Someone Doesn't Attract Offence of Abetment to Suicide |
| Mon, 02 Dec 2024 11:20:54 IST |
| Supreme Court while setting aside conviction of a person charged with abetment to suicide, has observed that merely refusing to marry someone will not attract the offence under Section 306 of the Indian Penal Code, 1860. |
| SERVICE - SC: Can't Deny Experience Marks to Candidate Performing Regular Duties in Unsanctioned Post |
| Mon, 02 Dec 2024 11:20:43 IST |
| Supreme Court has held that a candidate cannot be denied the benefit of mark for experience merely because at the time of appointment as outsourced manpower the candidate was not appointed on a sanctioned post but performed duties aligning with the sanctioned post. |
| CRIMINAL - Del. HC: Magistrates Cannot Question Validity of FIR under their Power to Supervise Investigation |
| Mon, 02 Dec 2024 11:20:31 IST |
| Delhi High Court has held that under the power to supervise investigation, Magistrates and Special Courts cannot question the validity of the FIR and must remain silent till filing of the final report under Section 173(2) of CrPC. |
| INSOLVENCY - NCLAT: Can Set Aside Fraudulent Initiation of CIRP while hearing appeal u/s 61 of IBC |
| Mon, 02 Dec 2024 11:20:19 IST |
| NCLAT New Delhi bench has held that while hearing an appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016, NCLAT can set aside fraudulent initiation of the CIRP. |
| INSOLVENCY - NCLAT: Can Admit Application u/s 7 of IBC if Interest on Principal Amount Crosses Threshold Limit |
| Mon, 02 Dec 2024 11:20:08 IST |
| NCLAT Delhi bench has held that application under Section 7 of Insolvency and Bankruptcy Code, 2016 can be admitted if interest on principle amount disbursed to the corporate debtor crosses the threshold limit as provided under section 4 of the Code. |
| INSOLVENCY - NCLAT: Amount Belonging to Corpo. Debtor Can be Recovered by Liquidator by Filing Application u/s 60 |
| Mon, 02 Dec 2024 11:19:57 IST |
| NCLAT New Delhi bench has held that amount belonging to the Corporate Debtor can be recovered by Liquidator by filing an application under Section 60(5)(c) of the Insolvency and Bankruptcy Code, 2016 before the NCLT. |
| ARBITRATION - HP HC: When Award is Passed Without Giving Reasons, it Suffers from Patent Illegality |
| Mon, 02 Dec 2024 11:19:46 IST |
| Himachal Pradesh High Court has held that when an award is passed without giving reasons regarding the adjudication of disputes, the award is said to be suffering from patent illegality and is liable to be set aside. |
| CRIMINAL - P&H HC: Victim Going With Accused to Crowded Place & Not Raising Alarm Shows Consensual Relationship |
| Mon, 02 Dec 2024 11:19:34 IST |
| Punjab and Haryana High Court while acquitting a person convicted for committing aggravated sexual penetrative assault, has observed that the victim's act of accompanying the accused to a crowded place and not raising alarm to attract attention, denotes consensual relationship. |
| SERVICE - Ker. HC: On Nature of Disability, AFT should Not Lightly Interfere with Opinion of Medical Board |
| Mon, 02 Dec 2024 11:19:22 IST |
| Ker. HC has observed that Armed Forces Tribunal (AFT) shall give due deference to opinion of the Medical Board and will not lightly interfere with or substitute views of Medical Board Experts regarding nature of disability of ex-service personnel while deciding question granting disability pension. |
| CRIMINAL - SC: PMLA Accused to File Undertaking if Bail Granted on Ground of Delay in Trial |
| Fri, 29 Nov 2024 10:58:28 IST |
| Supreme Court has stated that whenever it will pass the order of granting bail in money laundering cases on the ground that trial will take time it will take an undertaking regarding adjournments and co-operation with trial from the accused. |
| LAW OF EVIDENCE - SC: Recovery on Basis of Statement by Accused before Section 27 Disclosure is Not Admissible |
| Fri, 29 Nov 2024 10:58:18 IST |
| Supreme Court has held that recovery of materials on the basis of statements given by accused prior to recording of statement under Section 27 of Indian Evidence Act, 1872 is not admissible. |
| SERVICE - Del. HC: Medical Condition of Epilepsy Cannot be Attributed to One's Service |
| Fri, 29 Nov 2024 10:58:07 IST |
| Delhi High Court while dismissing an appeal of a Navy officer seeking disability pension on the ground of epilepsy, has observed that a disease like Epilepsy cannot be due to a person's services as it is more of a condition which is dormant and occurs periodically. |
| INSOLVENCY - NCLAT: In Absence of Debt & Default, Application Under Section 7 of IBC Can't be Admitted |
| Fri, 29 Nov 2024 10:57:57 IST |
| NCLAT Delhi bench has held that in absence of any debt and consequent default on the part of the corporate debtor, application under section 7 of the Insolvency and Bankruptcy Code, 2016 cannot be admitted. |
| INSOLVENCY - NCLAT: Application u/s 9 of IBC to be Rejected if Plausibility of Pre-Existing Dispute Established |
| Fri, 29 Nov 2024 10:57:46 IST |
| NCLAT New Delhi Bench has held that once plausibility of a pre-existing dispute is established, application under Section 9 of Insolvency and Bankruptcy Code is to be rejected and Adjudicating Authority is not required to make further detailed investigation. |
| INSOLVENCY - NCLAT: Without Payment in Discharge of Guarantee, Guarantor Cannot Become Financial Creditor |
| Fri, 29 Nov 2024 10:57:35 IST |
| NCLAT New Delhi bench has held that without paying amount towards discharging liability of principal borrower for whom guarantee was given, guarantor cannot become a financial creditor. |
| CRIMINAL - Bom. HC: While Enforcing Foreign Awards, Courts Cannot Go into Merits |
| Fri, 29 Nov 2024 10:57:24 IST |
| Bombay High Court has held that while enforcing foreign awards under Section 48 of the Arbitration and Conciliation Act, 1996 Courts cannot go into the merits of the case as jurisdiction of enforcement court under this section is very limited. |
| FAMILY - Cal HC: For Maint. Strict Proof of Marriage not Required if Couple Living as Husband & Wife for Long |
| Fri, 29 Nov 2024 10:57:13 IST |
| Calcutta High Court has held that where a man and woman have been living together as husband and wife for a reasonable long period of time, strict proof of marriage should not be a pre-condition for maintenance under Section 125 of the Code of Criminal Procedure, 1973. |
| NARCOTICS - Mad. HC: Magic Mushroom Per Se Doesn't Satisfy Requirement of Narcotic Drug under NDPS Act |
| Fri, 29 Nov 2024 10:57:03 IST |
| Mad. HC has stated that magic mushroom per se does not satisfy the requirement of the narcotic drug u/s 2(xiv) or a psychotropic substance under Section 2(xxiii) of NDPS Act. Magic mushroom per se cannot be called contraband and it is construed as contraband only because it contains psilocybin. |
| SERVICE - Ker. HC: When Pay Revised Retrospectively it Should Be Taken Into Account When Calculating Pension |
| Fri, 29 Nov 2024 10:56:53 IST |
| Kerala High Court has observed that when the pay is revised retrospectively, that revised pay should be taken into account when calculating the pension, even if the pensioner retired prior to the issuance of the pay revision order, provided he is entitled to get the revised pay. |
| SERVICE - SC: Promotion Becomes Effective Upon Assumption of Duties on Promotional Post |
| Thu, 28 Nov 2024 11:28:02 IST |
| Supreme Court has observed that promotion only becomes effective upon the assumption of duties on the promotional post and not on the date of occurrence of the vacancy or the date of recommendation. |
| CRIMINAL - SC: Not Necessary for Bribery Amount to be Substantial for Drawing Presumption u/s 20 of P&C Act |
| Thu, 28 Nov 2024 11:27:50 IST |
| Supreme Court while convicting a government servant for taking bribery of Rs. 2000, has observed that, to draw presumption under Section 20 of the Prevention of Corruption Act, 1988 it is not necessary for the bribery amount to be substantial. |
| CRIMINAL - SC: Not Laid Down that Case for Bail Can be Considered Only after Convict Undergoes Half Sentence |
| Thu, 28 Nov 2024 11:27:36 IST |
| Supreme Court while hearing a petition that challenged Madhya Pradesh High Court 's refusal to suspend sentence, has observed that this Court has not laid down that the case for bail can be considered only after convict undergoes half of the sentence. |
| CRIMINAL - SC: Courts to Ensure Distant Relatives are Not Unnecessarily Impleded in Cases of Domestic Cruelty |
| Thu, 28 Nov 2024 11:27:19 IST |
| Supreme Court has cautioned Courts to ensure that in domestic cruelty cases under section 498A of the Indian Penal Code, 1860 distant relatives of the husband are not unnecessarily impleaded. |
| MOTOR VEHICLES - Cal HC: Invalid DL on Date of Accident Constitutes Violation of T&C of Insurance Policy |
| Thu, 28 Nov 2024 11:27:06 IST |
| Cal. HC has held that when the driving licence of driver is not valid on the date of accident, it constitutes a violation of the terms and conditions of the insurance policy by the owner of the offending vehicle by allowing such driver to drive the vehicle without valid licence. |
| INSOLVENCY - NCLAT: Can't Reject Petition u/s 9 of IBC on Grounds of False Claim of Pre-Existing Dispute |
| Thu, 28 Nov 2024 11:26:55 IST |
| NCLAT New Delhi bench has held that petition under Section 9 of Insolvency and Bankruptcy Code, 2016 cannot be rejected on grounds of false claims of pre-existing dispute. |
| INSOLVENCY - NCLAT: Can't Treat Share Application Money Deposited With Corporate Debtor as Financial Debt |
| Thu, 28 Nov 2024 11:26:43 IST |
| NCLAT New Delhi bench has held that share application money which has been deposited with the corporate debtor cannot be treated as financial debt under Section 5(8) of Insolvency and Bankruptcy Code, 2016. |
| INSOLVENCY - NCLAT: Cannot Modify Information Memorandum on Basis of Which RP is Submitted & Approved |
| Thu, 28 Nov 2024 11:26:28 IST |
| NCLAT New Delhi bench has held that there cannot be any modification of Information Memorandum that is prepared by Resolution Professional, on the basis of which the Resolution Plan(RP) was submitted and later approved by the Committee of Creditors. |
| CIVIL - SC: Changing Religion Just to Avail Benefit of Reservation Without Genuine Belief Amounts to Fraud |
| Wed, 27 Nov 2024 17:40:41 IST |
| SC has stated that conferment of Scheduled caste communal status to a person, who is a Christian by religion, but claims to be still embracing Hinduism only for purpose of availing reservation in employment, would go against the object of reservation and would amount to fraud on the Constitution. |
| CRIMINAL - SC: Concerning that Criminal Law is Being Used Against Men Once Consensual Relationship Ends |
| Wed, 27 Nov 2024 17:40:31 IST |
| SC has observed that it is evident from large number of cases decided by this Court that there is a worrying trend that consensual relationships going on for prolonged period, upon turning sour, have been sought to be criminalised by invoking criminal jurisprudence. |
| CRIMINAL - Kar. HC: Accused Can't Seek Bail on Completing 1/3rd Sentence if Booked in Multiple Cases |
| Wed, 27 Nov 2024 17:40:21 IST |
| Karnataka HC has held that when the offences are different as well as when more number of cases are registered against the accused, he cannot invoke the proviso under Section 479 of BNSS seeking the relief of bail on the ground of one third punishment. |
| CRIMINAL - SC: High Courts Fixing Time Bound Schedule for Disposal of Case Affects Functioning of Trial Court |
| Tue, 26 Nov 2024 17:42:40 IST |
| SC has observed that High Courts rejecting bail applications in routine manner and then fixing time bound schedule for the conclusion of trials affect the functioning of the trial courts as in many trial courts there are very old cases pending for disposal. |
| CIVIL - SC: Government Allocating Land to Privileged Few Engenders a System of Inequality |
| Tue, 26 Nov 2024 17:42:30 IST |
| SC has observed that when the government allocates land at discounted rates to the privileged few, it engenders a system of inequality. This preferential treatment conveys the message that certain individuals are entitled to more, not due to the necessities but simply because of their status. |
| CONSTITUTION - SC Dismisses Petitions Challenging Inclusion of Words 'Socialist' & 'Secular' in Preamble |
| Tue, 26 Nov 2024 17:42:20 IST |
| SC while dismissing petitions challenging inclusion of words 'Socialist' and 'Secular' in Preamble of the COI, has observed that there is no legitimate cause or justification for challenging this constitutional amendment & circumstances do not warrant this Court's exercise of discretion. |
| ARBITRATION - SC: 'Sufficient Cause' u/s 29A Should be Interpreted in Context of Facilitating Dispute Resolution |
| Tue, 26 Nov 2024 17:42:09 IST |
| SC has stated that primary objective in rendering an arbitral award is to resolve disputes through agreed dispute resolution mechanism as contracted by parties. Therefore, 'sufficient cause' under Section 29A of A&C Act should be interpreted in context of facilitating effective dispute resolution. |
| CUSTOMS - Delhi HC: Incorrect Classification of Goods Would Not Ipso Facto Amount to Collusion |
| Tue, 26 Nov 2024 17:41:58 IST |
| Delhi High Court has held that a misclassification or an incorrect classification of goods would not ipso facto amount to collusion, wilful misstatement, or suppression of facts under Section 28AAA Customs Act, 1962. |
| DIRECT TAXATION - Del. HC: Revenue Needs to Spell Out Clear Ground for Initiating Penalty Proceedings |
| Tue, 26 Nov 2024 17:41:47 IST |
| Del. HC has stated that 'Concealment of income' & 'furnishing of inaccurate particulars' of income u/s 271(1) (c) of IT Act carry different meanings. If penalty proceedings are to be initiated by Revenue then specific ground which forms the foundation thereof needs to be spelt out in clear terms. |
| ARBITRATION - HP HC: Can't Entertain Petition u/s 34 Filed beyond Limitation Period Unless Sufficient Cause Shown |
| Tue, 26 Nov 2024 17:41:36 IST |
| HP High Court has held that if a petition under Section 34 of Arbitration and Conciliation Act is filed beyond the limitation period of three months, then such petition cannot be entertained unless sufficient cause is shown. |
| CRIMINAL - Pat. HC: Division Bench Must Hear Together Criminal Appeals Arising From Same Judgment |
| Tue, 26 Nov 2024 17:41:25 IST |
| Pat. HC has observed that in case the criminal appeals arising out of the same Trial Court judgment carrying a sentence of more than ten years are preferred before a Division Bench, the criminal appeals arising of the same judgment with lesser sentence would also be heard by the Division Bench. |
| SERVICE - All. HC: Two Public Employers May Have Different Views Regarding Suitability of Candidate |
| Tue, 26 Nov 2024 17:41:17 IST |
| Allahabad High Court has held that two different public employers may have different views regarding the suitability of a candidate for appointment and one employer is not bound by the decision and discretion of the other employer. |
| CIVIL - SC: Superior Courts Should Avoid Adverse Comments on Personal Conduct & Caliber of Judicial Officers |
| Mon, 25 Nov 2024 12:47:30 IST |
| SC has observed that superior courts should avoid adverse comments on the personal conduct and caliber of the Judicial Officer. There is a difference between criticising erroneous orders & criticising a Judicial Officer. The first part is permissible and the second category should best be avoided. |
| CIVIL - SC: Higher Court Can Examine Existence of Jurisdi. Fact Even if Trial Court Fails to Frame Issue |
| Mon, 25 Nov 2024 12:47:18 IST |
| SC has clarified that failure of trial court to frame issue on maintainability of suit touching jurisdictional fact by itself cannot trim powers of higher court to examine whether jurisdictional fact did exist for grant of relief as claimed, provided no new facts were pleaded & no new evidence led. |
| LAW OF EVIDENCE - SC: Confession by Accused, in Custody Not Admissible Except to the Extent of Applicability of S. 27 |
| Mon, 25 Nov 2024 12:47:08 IST |
| Supreme Court has stated that a confessional statement made by the accused to a police officer while in custody is not admissible in the evidence except to the extent to which Section 27 of Indian Evidence Act, 1872 is applicable. |
| CIVIL - SC: Litigant Owes a Duty to be Vigilant about Pending Judicial Proceedings |
| Mon, 25 Nov 2024 12:46:57 IST |
| SC has observed that even if it is assumed that a lawyer was careless or negligent, this, by itself, cannot be a ground to condone long & inordinate delay as the litigant owes a duty to be vigilant of his own rights and is expected to be equally vigilant about pending judicial proceedings. |
| CRIMINAL - Bom. HC: Cannot Book Lawyer for Asking CBI Officers to Show their Identity Cards |
| Mon, 25 Nov 2024 12:46:47 IST |
| Bombay High Court has stated that mere restraint of an official would not amount to an offence under Section 353 of IPC. Nature of restraint is crucial and a lawyer asking CBI Officers to show their identity cards is not restraining them from carrying out their duty. |
| SERVICE - Ker. HC: Under 'Recruitment by Transfer', Prescribed Conditions Need to be Scrupulously Followed |
| Mon, 25 Nov 2024 12:46:37 IST |
| Ker HC has stated that when term used in relevant rules is that candidate is said to be "recruited by transfer" to service if his appointment to the service is in accordance with rules for recruitment by transfer to service, condition in notification is to be scrupulously followed till appointment. |
| SERVICE - Allahabad HC: Definition of Dependent Family to Include 'Widowed Daughter' |
| Mon, 25 Nov 2024 12:46:26 IST |
| Allahabad HC while granting relief of compassionate appointment to a deceased employee's widowed daughter, has held that even after marriage as also after her widowhood, she continues to be his daughter and her status as such continues even at the time of death of her father. |
| CRIMINAL - SC: Special Efforts Should be Made to Identify Women Prisoners Eligible for Release u/s 479 of BNSS |
| Fri, 22 Nov 2024 11:03:44 IST |
| SC has stated that although the provisions of Section 479 of the BNSS are gender neutral, it is also necessary for this Court to say that special efforts should be made to identify women prisoners who are entitled to release under the beneficial provision. |
| ELECTION - SC: Can't Forego Fundamental Requirements of Election of Society in Absence of Specific Provisions |
| Fri, 22 Nov 2024 11:03:33 IST |
| SC has observed that absence of specific provisions regulating an election in the statute cannot be a reason for holding elections without the basic requirements for conducting an election to any society, which is supposed to be the democratic institution at grass root level. |
| PROPERTY - SC: Absolute Ownership in Property as Per HSA Can't be Claimed by Woman with Limited Interest |
| Fri, 22 Nov 2024 11:03:21 IST |
| Supreme Court has held that if a Hindu woman is given only a limited interest in the property then absolute ownership cannot be claimed by her due to application of Section 14(2) of the Hindu Succession Act, 1956. |
| CRIMINAL - Supreme Court: Third Party Can File SLP Against Quashing Of Criminal Proceedings |
| Fri, 22 Nov 2024 11:03:10 IST |
| Supreme Court has reiterated that a third party having a bonafide connection with a matter can file a Special Leave Petition (SLP) under Article 136 of the Constitution of India against quashing of criminal proceedings. |
| FAMILY - Cal HC: High Time that Irretrievable Breakdown of Marriage be Read as Grounds of Desertion & Cruelty |
| Fri, 22 Nov 2024 11:02:58 IST |
| Calcutta HC has observed that keeping in view the evolving needs of society and seen from a pragmatic perspective, probably it is high time that components of irretrievable breakdown of marriage should be read into the grounds of desertion and cruelty. |
| SERVICE - P&H HC: Provis. of Punjab Recruitment of Ex-Servicemen (First Amendment) Rules are Unconstitutional |
| Fri, 22 Nov 2024 11:02:47 IST |
| Punjab and Haryana High Court has declared the provisions of Punjab Recruitment of Ex-Servicemen (First Amendment) Rules, 2012 and 2018 as unconstitutional as the provisions limited the pension and increment benefits to ex-servicemen. |
| CUSTOMS - Del. HC: It is the Product and Not the Technology Used that Determines HSN Classification |
| Fri, 22 Nov 2024 11:02:31 IST |
| Delhi High Court has held that it is not the technology that is used but the product that is created which decides the HSN classification under the Customs Tariff Heading (CTH) for the purposes of Customs Tariff Act, 1975. |
| ARBITRATION - Del. HC: Merit Based Review of Arb. Award Involving Reappraisal of Factual Findings is Impermissible |
| Fri, 22 Nov 2024 11:02:20 IST |
| Delhi HC has affirmed that jurisdiction under Sections 34 & 37 of A&C Act, 1996 is not similar to normal appellate jurisdiction and the legal position is well settled to the effect that a merit based review of an arbitral award involving reappraisal of factual findings is impermissible. |
| CRIMINAL - Kerala HC: Showing or Waving Black Flag to a Person Cannot Amount to Defamation |
| Fri, 22 Nov 2024 11:02:08 IST |
| Ker. HC while quashing defamation proceedings against persons who waived black flags at convoy of the CM, has observed that though signs & visible representations can be a mode of defaming a person, still, showing or waving black flag to a person cannot amount to defamation nor is it an illegal act. |
| BANKING - Gauhati HC: DRT Has to Dispose of Application under Section 17 of SARFAESI Act as per RDB Act |
| Fri, 22 Nov 2024 11:01:53 IST |
| Gau. HC has observed that Debt Recovery Tribunal (DRT) is required to dispose of an application filed u/s 17 of SARFAESI Act, 2002 as per provisions of Recovery of Debts and Bankruptcy Act, 1993(RDB) wherein by virtue of Section 24 of the RDB Act, the provisions of Limitation Act are applicable. |
| CRIMINAL - SC: Bar u/s 195 CrPC Not Attracted Where Proceedings Initiated Pursuant to Judicial Order |
| Thu, 21 Nov 2024 11:29:46 IST |
| Supreme Court has observed that bar on taking of cognizance under Section 195(1)(b) Code of Criminal Procedure, 1973(CrPC) will not be attracted in a case where the proceedings against the accused were initiated pursuant to a judicial order. |
| CRIMINAL - SC: Mere Breakup of Relationship Between Consenting Couple Can't Result in Criminal Proceedings |
| Thu, 21 Nov 2024 11:29:36 IST |
| SC has stated that a mere breakup of a relationship between a consenting couple cannot result in initiation of criminal proceedings. What was a consensual relationship between the parties cannot be given a colour of criminality when the said relationship does not fructify into marital relationship. |
| LAW OF EVIDENCE - Supreme Court: Revenue Entries are Admissible as Evidence of Possession |
| Thu, 21 Nov 2024 11:29:26 IST |
| Supreme Court has observed that, while it is true that revenue entries do not by themselves confer title, they are admissible as evidence of possession and can support a claim of ownership when corroborated by other evidence. |
| ARBITRATION - Del. HC: Where Arbitrator has Taken Plausible View, Court Cannot Interfere u/s 34 of A&C Act |
| Thu, 21 Nov 2024 11:29:15 IST |
| Delhi High Court has held that it is settled law that where the arbitrator has taken a possible/plausible view, the court would refrain from interfering with the Award under section 34 of the Arbitration and Conciliation Act, 1996. |
| CIVIL - Ker. HC: No Question of Estoppel Against Party Where Error is Committed by Court Itself |
| Thu, 21 Nov 2024 11:29:04 IST |
| Kerala High Court has stated that there is no question of estoppel against a party where an error is committed by the court itself and the court is under a bounden duty to correct its own mistake. |
| SERVICE - Kerala High Court: Giving Seniority on the Basis of Rules is a Policy Decision |
| Thu, 21 Nov 2024 11:28:53 IST |
| Kerala HC has observed that giving seniority on the basis of the date of promotion to the feeder category is a policy decision. If there is any anomaly in the Rules, it is the authority competent to make the Rules that can remedy it, but it is not the domain of the court. |
| CRIMINAL - Delhi High Court: Delhi Police to Add Grounds of Arrest in Arrest Memo |
| Thu, 21 Nov 2024 11:28:43 IST |
| Delhi High Court has directed the Delhi Police to update the Arrest Memo Forms being used and add the column for recording the grounds of the arrest related to the accused. |
| CRIMINAL - Delhi HC: Conditions u/s 45 PMLA Have to Give Way to Article 21 When Accused Incarcerated for Long |
| Thu, 21 Nov 2024 11:28:30 IST |
| Delhi HC has observed that when there is no possibility of trial being concluded in a reasonable time and accused is incarcerated for a long time, depending on the nature of allegations, the conditions under Section 45 of the PMLA would have to give way to the constitutional mandate of Article 21. |
| CRIMINAL - P&H HC: Eyewitness Account Not Credible if Eyewitness Directly Identifies Accused in Court |
| Thu, 21 Nov 2024 11:28:19 IST |
| P&H High Court while acquitting a convict of murder case, has stated that eyewitness account who is not known to the accused is not be considered credible if the eyewitness directly identifies the accused in the Court, without prior test identification parade. |
| SERVICE - SC: Can't Initiate Disciplinary Proceeding After Employee Retires from Service |
| Wed, 20 Nov 2024 12:13:16 IST |
| Supreme Court has held that a subsisting disciplinary proceeding may be continued post superannuation but no disciplinary proceeding can be initiated after the delinquent employee or officer retires from service on attaining the age of superannuation or after the extended period of service. |
| PROPERTY - SC: Can't Allow State to Appropriate Private Property through Adverse Possession |
| Wed, 20 Nov 2024 12:13:05 IST |
| Supreme Court has observed that allowing the State to appropriate private property through adverse possession would undermine the constitutional rights of citizens and erode public trust in the Government. |
| CIVIL - SC: Union to Frame Action Plan for Implementation of Feeding and Child Care Rooms in Public Areas |
| Wed, 20 Nov 2024 12:12:53 IST |
| Supreme Court while hearing a public interest litigation, has asked the Central Government to frame an action plan regarding facilities of child care rooms and feeding in public spaces and buildings. |
| FAMILY - SC: During Divorce Proceedings, Wife Entitled to Same Amenities as She Enjoyed in Matrimonial Home |
| Wed, 20 Nov 2024 12:12:40 IST |
| Supreme Court has observed that during the pendency of the divorce petition, the wife is entitled to enjoy the same amenities of life as she would have been entitled to in her matrimonial home. |
| CRIMINAL - Calcutta High Court: First Wife Can't Charge Second Wife with Cruelty |
| Wed, 20 Nov 2024 12:12:26 IST |
| Calcutta HC has held that offences alleged under Section 494, 498A of Indian Penal Code, 1860 are applicable to the person who has married for the second time, during the lifetime of his spouse in a valid marriage and none of the offences alleged in the complaint are applicable on the second wife. |
| CIVIL - NTF Gives Comprehensive Suggestions on Enhancing Better Working Conditions of Medical Professions |
| Wed, 20 Nov 2024 12:12:13 IST |
| The nine member National Task Force (NTF) constituted by the Supreme Court has given detailed recommendations on safe & better working conditions for medical professionals at workplace which include constitution of security committee in healthcare establishments, coordination with local police etc. |
| MOTOR VEHICLES - SC: In Motor Accident Case, it is Imperative to Consider Future Aspect of Person's Earning Potential |
| Tue, 19 Nov 2024 12:24:54 IST |
| SC has stated that in motor accident claim cases, it is imperative to consider the future aspects of a person's earning potential when determining compensation. Simply focusing on a deceased individual's current income at the time of death disregards the natural progression of a career. |
| SERVICE - SC: Recording Evidence is Mandatory in Disciplinary Proceedings Imposing Major Penalties |
| Tue, 19 Nov 2024 12:24:44 IST |
| Supreme Court while reinstating a government employee who was terminated, has reiterated that this Court in a catena of judgments has held that the recording of evidence in a disciplinary proceeding proposing charges of a major punishment is mandatory. |
| CRIMINAL - Ker. HC: Body Shaming a Woman is a Wilful Conduct Attracting Section 498A of IPC |
| Tue, 19 Nov 2024 12:24:31 IST |
| Kerala High Court has stated that body shaming and doubting the medical degree of a woman, prima facie is to be read as willful conduct which is of such nature as to cause injury to the mental and physical health of the woman dealt under explanation (a) to Section 498A of the IPC. |
| MRTP/ COMPETITION LAWS - Competition Commission of India Imposes Penalty on Meta for Abusing its Dominant Position |
| Tue, 19 Nov 2024 12:24:20 IST |
| The Competition Commission of India has imposed a penalty of Rs. 213.14 Crore on Meta that is owned by Mark Zuckerberg, for abusing its dominant position in relation to implementation of 2021 privacy policy of WhatsApp. |
| CIVIL - Cal. HC: Any Political Party Ransacking Government Office Must be Charged Appropriately |
| Tue, 19 Nov 2024 12:24:06 IST |
| Calcutta High Court while hearing a plea against the ransacking of the panchayat samiti office, has observed that Government office is a public property and any political party ransacking that, must be charged appropriately. |
| CRIMINAL - Supreme Court: Registry to Explain Why Counter Affidavit of Non-Party Was Accepted |
| Mon, 18 Nov 2024 11:25:21 IST |
| Supreme Court has sought explanation from the Registry on how a non-party was able to file a counter-affidavit even when the party's impleadment application was rejected by the Court. |
| CIVIL - SC: No Regular Hearing Matters to be Listed from Tuesdays to Thursdays |
| Mon, 18 Nov 2024 11:25:10 IST |
| Supreme Court has issued a notification regarding its listing of cases in which it has been stated that no regular hearing matters will be listed from Tuesdays till Thursdays. |
| EDUCATION - Raj HC: Consideration of Candidate Solely on Basis of Merit is Ethos of Selection/ Admission Process |
| Mon, 18 Nov 2024 11:24:59 IST |
| Raj. HC has held that consideration of candidate solely on basis of merit, un-biasness and transparency in selection process, are the ethos of the selection/ admission process and in no situation the same can be compromised and the rule of merit should supersede over any other technical instruments. |
| TRUSTS AND SOCIETIES - Ker. HC: Only Reporters With ID Cards Issued by Devaswom Board Can Stay at Sabarimala Sannidhanam |
| Mon, 18 Nov 2024 11:24:48 IST |
| Kerala High Court has held that persons holding identity cards issued by the Travancore Devaswom Board alone shall be permitted to remain at Sabarimala Sannidhanam. |
| CIVIL - Gauhati HC: Cannot Refer Case to Lok Adalat Without Hearing all Parties to Dispute |
| Mon, 18 Nov 2024 11:24:37 IST |
| Gauhati High Court has held that no case is to be referred to Lok Adalat by any Court, except after giving a reasonable opportunity of being heard to the parties in a dispute. |
| CRIMINAL - Ker. HC: Children's Courts Were Specified for Purpose of Speedy Trial Only |
| Mon, 18 Nov 2024 11:24:26 IST |
| Ker HC has observed that for speedy trial of offences against children, children's courts were specified and it cannot be said, as result of such an interdiction, jurisdiction of Magistrate to try offences was taken away. But propriety demands that such offences should be tried by children's courts. |
| ARBITRATION - HP HC: Court Must Confine Itself to Grounds Under Section 34 While Hearing Appeal u/s 37 of A&C Act |
| Mon, 18 Nov 2024 11:24:10 IST |
| HP High Court has held that a court while dealing with appeals under Section 37 Arbitration and Conciliation Act, 1996, has a very narrow scope of interference, therefore, Courts must confine themselves to grounds strictly available under Section 34. |
| ARBITRATION - MP HC: Can Set Aside Award u/s 34 of A&C Act if Arbitrator Travels Beyond Arbitration Agreement |
| Mon, 18 Nov 2024 11:23:59 IST |
| MP High Court has held that while passing an award if the arbitrator travels beyond the terms of arbitration agreement then the award can be set aside under Section 34 of Arbitration and Conciliation Act, 1996. |
| TRUSTS AND SOCIETIES - Ker. HC: Can't Assume Breach of Peace Because a Community Opposes Religious Place Set up by Another |
| Mon, 18 Nov 2024 11:23:43 IST |
| Kerala High Court has held that merely because one community opposes the setting up of a religious place by another community, it cannot be assumed that there will be disharmony or breach of peace. |
| CIVIL - Kerala HC Lays Down Guidelines Regarding Service of Summons Where Defendants Reside Outside India |
| Mon, 18 Nov 2024 11:23:26 IST |
| Kerala High Court has laid down guidelines regarding service of summons on defendants who reside outside India and has stated that there is nothing wrong in trying service of summons on the defendant abroad by the mode prescribed in Order V, Rule 25 of Code of Civil Procedure, 1908. |
| CONSTITUTION - Supreme Court: Article 14 is a Concept Clothed in Positivity Based on Law |
| Fri, 15 Nov 2024 14:23:08 IST |
| SC has held that the idea of equality under Article 14 is a concept clothed in positivity based on law. It can be invoked to enforce a claim having sanctity of law. No direction can, therefore, be issued mandating the State to perpetuate any illegality/irregularity committed in favour of a person. |
| CRIMINAL - SC: Offence of Hate Speech is Specific & Cannot be Equated With Wrong Assertions or False Claims |
| Fri, 15 Nov 2024 14:22:58 IST |
| Supreme Court while dismissing a PIL over prevention of 'provocative speech' by political leaders, has observed that the offence of hate speech is specific and cannot be equated with wrong assertions or false claims. |
| ARBITRATION - Bombay HC: HC Can Exercise Power of Review for Orders Passed u/s 11 of A&C Act |
| Fri, 15 Nov 2024 14:22:46 IST |
| Bombay High Court has observed that as a constitutional court and court of record, High Court can exercise power of review even in the context of order passed under Section 11 of the Arbitration and Conciliation Act, 1996. |
| CRIMINAL - Allahabad HC: A Counsel Cannot Interact Directly With Agencies Like Investigating Officer, Etc |
| Fri, 15 Nov 2024 14:22:35 IST |
| Allahabad High Court has remarked that a counsel cannot identify himself with his client. He cannot interact directly with agencies like Investigating Officer, etc. unless and until ordered so by a court particularly with regards to sub judice proceedings. |
| CRIMINAL - Ori. HC: Wife Staying with Paramour & Not Reporting About Missing Husband is Not Criminal Conspiracy |
| Fri, 15 Nov 2024 14:22:25 IST |
| Orissa High Court has held that a wife not trying to trace her husband, not reporting his missing status and staying with paramour will not amount to criminal conspiracy under Section 120-B of the Indian Penal Code, 1860. |
| CRIMINAL - Madras High Court: Tendering Apology for Hate Speech Cannot be Entertained |
| Fri, 15 Nov 2024 14:22:02 IST |
| Mad. HC has stated that whenever scurrilous and derogatory statements are made by any person bordering hate speech and thereafter the person is prosecuted in accordance with law, tendering apology as a matter of course to escape the consequence cannot be entertained. |
| MOTOR VEHICLES - Kerala HC: Determine Notional Income of Ordinary Worker on the Basis of Fair Wages |
| Fri, 15 Nov 2024 14:21:46 IST |
| Kerala High Court has observed that while awarding compensation for motor accidents, notional income of ordinary worker must be determined on the basis of fair wages and not on the basis of his earning capacity. |
| CIVIL - Raj. HC: Object of Arms Act, 1959 Was to Ensure that Weapon is Available to Citizen For Self-Defence |
| Fri, 15 Nov 2024 14:21:36 IST |
| Raj. HC has observed that object of Arms Act, 1959 was to ensure that weapon is available to a citizen for self-defence but it does not mean that every individual should be given a licence to possess weapon. Ours is not a lawless society where individuals have to acquire or hold arms for protection. |
| ARBITRATION - Sikkim HC: If Underlying Contract is Invalid, Arb. Agreement Allows Tribunal to Assume Jurisdiction |
| Fri, 15 Nov 2024 14:21:13 IST |
| Sikkim HC has noted that the validity of an arbitration agreement, in the face of the invalidity of the underlying contract, allows the Arbitral Tribunal to assume jurisdiction and decide on its own jurisdiction by determining the existence and validity of the arbitration agreement. |
| INTELLECTUAL PROPERTY RIGHTS - MP HC: Using Beer Bottles Embossed With Brand Name of Another Company is Trademark Infringement |
| Fri, 15 Nov 2024 14:20:45 IST |
| Madhya Pradesh High Court has observed that a company reusing beer battles embossed with the brand name/logo of another company will constitute trademark infringement. |
| SERVICE - P&H HC: Ex-Servicemen Who served During 1st Emergency to be Counted for Pensionary Benefits |
| Fri, 15 Nov 2024 14:20:34 IST |
| Punjab and Haryana HC has stated that Ex-Servicemen who have served during First Emergency will be counted for pensionary benefits that have arisen from the Government post joined even beyond 1 year of service if the post reserved for Ex-Servicemen is not advertised within stipulated time. |
| LAW OF EVIDENCE - SC: Attorney Holder Cannot Testify About Matters Requiring Personal Knowledge of the Principal |
| Thu, 14 Nov 2024 12:53:15 IST |
| SC has observed that while an attorney holder can testify regarding acts they have personally carried out on behalf of the principal, they can't testify about matters requiring personal knowledge of the principal, such as the principal's state of mind to perform obligations under a contract. |
| CIVIL - SC: Lady Judicial Officers Not Having Private Washrooms Requires Immediate Action |
| Thu, 14 Nov 2024 12:53:04 IST |
| Supreme Court while hearing a petition of sanitized toilets in Court premise and tribunals all over the country, has stated that lady judicial officers not having private washrooms is a matter which needs immediate action. |
| PROPERTY - Bom. HC: Daughter Will Not Have Right to Inherit Father's Property, if He Died Prior to 1956 Act |
| Thu, 14 Nov 2024 12:52:54 IST |
| Bombay High Court has held that if the father has died before the enforcement of the Hindu Succession Act, 1956 then the daughter will not have any right of inheritance in her father's property. |
| DIRECT TAXATION - Delhi HC: Penalty Order, SCN Issued in the Previous Name of Company is Merely a Clerical Error |
| Thu, 14 Nov 2024 12:52:44 IST |
| Delhi High Court has clarified that Show Cause Notice issued and the Penalty Order passed in the previous name of the company is merely a clerical error and is not such a defect which cannot be cured and is therefore not fatal. |
| ARBITRATION - HP HC: Can't Set Aside Award Unless Patent Illegality Established u/s 34 of A&C Act |
| Thu, 14 Nov 2024 12:52:32 IST |
| Himachal Pradesh High Court has stated that an interference with the award can only be made under Section 34 of Arbitration and Conciliation Act, 1996 when 'patent illegality' has been established. |
| CONSTITUTION - HP High Court Nullifies Law Permitting State to Appoint MLAs as Parliamentary Secretaries |
| Thu, 14 Nov 2024 12:52:22 IST |
| Himachal Pradesh High Court has nullified the Himachal Pradesh Parliamentary Secretaries (Appointment, Salaries, Allowances, Powers, Privileges and Amenities) Act, 2006 that permitted the State to appoint Members of the State Legislative Assembly (MLAs) as parliamentary secretaries. |
| ARBITRATION - Bom. HC: Party Can Waive Ineligibility of Arbitrator by an Express Agreement in Writing |
| Thu, 14 Nov 2024 12:52:13 IST |
| Bombay HC has observed that a party can waive ineligibility of an arbitrator by an express agreement in writing under Section 12(5) of Arbitration and Conciliation Act, 1996. Once ineligibility has been waived, waiving party is prohibited from claiming ineligibility of Arbitrator u/s 34 of the Act. |
| CRIMINAL - P&H HC: In Criminal Cases, Courts are Required to Not Accept Piecemeal Settlements |
| Thu, 14 Nov 2024 12:52:02 IST |
| P&H HC has stated that to ensure that the victim/complainant, does not become the driver of the criminal justice system, through makings of piecemeal settlements, the Courts are required to be not accepting any piecemeal settlements, rather are required to be rejecting piecemeal settlements. |
| CIVIL - P&H HC: Decision of Case on Merit After Plea is Rejected is "Gross Material Impropriety" |
| Thu, 14 Nov 2024 12:51:52 IST |
| Punjab and Haryana High Court has stated that once a plea has been rejected as non-maintainable, deciding the case on merit is "gross material impropriety." |
| CRIMINAL - Kerala HC: Reports of Internal Complaints Committee Will Not Impact Police Report filed by Victim |
| Thu, 14 Nov 2024 12:51:43 IST |
| Ker. High Court has held that the report of the Internal Complaints Committee is not the final word in so far as the allegations otherwise made before the police from the work place and for which crime was registered and investigated leading to final report alleging commission of the above offences. |
| CRIMINAL - Gau HC: Crim. Petitions Filed after 1st July, 2024 in FIRs before said Date to be Filed Under BNSS |
| Thu, 14 Nov 2024 12:51:33 IST |
| Gauhati High Court has held that all the criminal petitions, bail applications filed after 1st July, 2024 in FIRs registered prior to this date are liable to be filed under the Bharatiya Nagarik Suraksha Sanhita, 2023. |
| CIVIL - SC: Executive Cannot Demolish Property of Accused Only on the Basis of Accusations |
| Wed, 13 Nov 2024 16:30:18 IST |
| SC has held that only on the basis of the accusations, if the executive demolishes the property of an accused person without following the due process of law, it would strike at the basic principle of rule of law and is not permissible. Such an act of the executive would be transgressing its limits. |
| CIVIL - SC: Stakeholders to Come up with a Plan to Implement 'Menstrual Hygiene Policy' |
| Wed, 13 Nov 2024 16:30:07 IST |
| Supreme Court while hearing a petition on providing free sanitary napkins to adolescent girl children in Government schools, has passed an order on submission of a note on how the stakeholders could come up with an action plan to implement the 'Menstrual Hygiene Policy for School-going Girls'. |
| ENVIRONMENT - SC Expresses Concern Over Inadequate Implementation of Solid Waste Management Rules, 2016 |
| Wed, 13 Nov 2024 16:29:56 IST |
| Supreme Court while expressing concern over inadequate implementation of Solid Waste Management Rules, 2016, has observed that if authorities do not come together and tell the Court the time bound schedule for implementation of the 2016 Rules, the court may have to consider passing harsh order. |
| CRIMINAL - SC Stays Calcutta HC Order Directing CBI Probe in Case of Custodial Torture of 2 Women |
| Wed, 13 Nov 2024 16:29:44 IST |
| Supreme Court has stayed the order passed by the Calcutta High Court that directed CBI probe in allegations of custodial torture of two women who were arrested during the protests after the RG Kar Medical College rape-murder incident. |
| SERVICE - MP HC: Fair Play is Expected in Every Matter, Whether it is Judicial or Administrative |
| Wed, 13 Nov 2024 16:29:35 IST |
| MP HC has observed any proceeding that is being initiated for no reason and for no fault of employee, the same cannot be misutilized, merely because the power is available with the employer to initiate the same. Fair play is expected in every matter, whether it is judicial or it is administrative. |
| TRUSTS AND SOCIETIES - Kar. HC: Order Authorising Waqf Board to Issue Marriage Certificate is Unheard of in Law |
| Wed, 13 Nov 2024 16:29:24 IST |
| Karnataka High Court while hearing a petition seeking declaration of a Government order as ultra vires to the Waqf Act, 1995, has stated that a Government order authorizing the Waqf Board to issue marriage certificates to applicants who are Muslims is unheard of in law. |
| ENVIRONMENT - SC: Right to Live in a Pollution-Free Atmosphere is a Fundamental Right of Every Citizen |
| Tue, 12 Nov 2024 10:19:14 IST |
| SC has observed that right to live in a pollution-free atmosphere is a fundamental right of every citizen protected by Article 21 of COI. No religion encourages any activity which creates pollution. If firecrackers are burnt in this fashion it also affects fundamental right to health of citizens. |
| RIGHT TO INFORMATION - Bom. HC: Marks Obtained by Candidates in Selection Process Can't be Held to be 'Personal Information' |
| Tue, 12 Nov 2024 10:19:03 IST |
| Bom. HC has held that marks obtained by candidates in selection process cannot ordinarily be held to be 'personal information, disclosure of which has no relationship to any public activity/interest.' Furnishing such information would also not cause an unwarranted invasion of individual's privacy. |
| CIVIL - SC: Outgoing Partner has Right to Seek Accounts & Shares in Profit Until Final Settlement Made |
| Tue, 12 Nov 2024 10:18:52 IST |
| Supreme Court has held that if business is being carried on by a partner with the assets of the firm then, the outgoing partner will have a right to seek accounts and share in the profits derived from his share in the assets, till a final settlement is made. |
| ARBITRATION - Cal. HC: Perversity in Award Due to Non-Consideration of Vital Evidence is Sufficient for Interference |
| Tue, 12 Nov 2024 10:18:41 IST |
| Cal HC has observed that if there is a perversity in award insofar as non-consideration of vital evidence is concerned, same tantamounts to violation of fundamental policy of Indian Law as well as gives rise to a patent illegality, which is a sufficient ground for interference u/s 34 of A&C Act. |
| DIRECT TAXATION - Del. HC: Can't Reopen Assessment if Mistake Made on Part of AO Results in Under Assessment of Income |
| Tue, 12 Nov 2024 10:18:30 IST |
| Delhi High Court has held that if there is a mistake on the part of the Assessing Officer that resulted in under assessment of the income, it cannot be a ground to open reassessment under Section 147 of the Income Tax Act, 1961. |
| CIVIL - Del. HC Closes Appeal by Wikimedia Against Order Directing Disclosure of Subscriber Details |
| Tue, 12 Nov 2024 10:18:19 IST |
| Del. HC has closed an appeal filed by Wikimedia Foundation against the order of a single judge bench that directed it to disclose information of subscribers who edited Asian News International (ANI) Wikipedia page. The matter was closed on the ground that parties had entered into a consent order. |
| SERVICE - Supreme Court Issues Guidelines Regarding Recruitment of PwBD in District Judiciary |
| Mon, 11 Nov 2024 11:42:57 IST |
| Supreme Court has issued guidelines regarding recruitment of persons with benchmark disabilities in District Judiciary and the guidelines will have to be followed for selection of judicial officers throughout the country. |
| CIVIL - SC: Doctrine of Lis Pendens Arises from the Time the Petition is Filed |
| Mon, 11 Nov 2024 11:42:46 IST |
| Supreme Court while refusing to allow specific performance of an agreement to sell, has held that doctrine of lis pendens comes into play from the moment a petition is filed and not from the stage when notice is issued by the Court. |
| CIVIL - SC: Union to Frame Rules Regarding Access of Public Places & Services to PwD |
| Mon, 11 Nov 2024 11:42:34 IST |
| Supreme Court has directed the Central Government to frame rules regarding access of public places and services to persons with disability. The direction has been made with the aim of uplift disability rights. |
| CIVIL - SC Recalls Judgement Holding 2018 Amendment to SRA to be Applicable Prospectively |
| Mon, 11 Nov 2024 11:42:22 IST |
| Supreme Court while exercising its review jurisdiction, has recalled its 2022 judgement in which it was held that the amendment to the Specific Relief Act, 1963 made in 2018 will only be applicable prospectively. |
| ARBITRATION - SC: Public Sector Undertakings Can't Appoint Arbitrators Unilaterally |
| Mon, 11 Nov 2024 11:42:10 IST |
| SC has held that Public Sector Undertakings cannot, unilaterally appoint arbitrators for deciding disputes with private contractors. It was further held that a panel of capable arbitrators can be maintained by PSUs but the opposite party cannot be forced to select its arbitrator from the panel. |
| CIVIL - All. HC: Suit Filed u/s 144 of UP-Revenue Code, 2006 Must Include Findings of Proceedings u/s 38(1) |
| Mon, 11 Nov 2024 11:41:59 IST |
| Allahabad High Court has held that a suit filed on the basis of an oral sale deed under Section 144 of the UP-Revenue Code, 2006 must contain findings of the proceedings under Section 38 (1) of the Code with regard to the sale deed. |
| PROPERTY - Del. HC: Heavy Reliance on Sale Deed to Establish Agricultural Character of Land Would Be Misplaced |
| Mon, 11 Nov 2024 11:41:47 IST |
| Del. HC has held that sale deed primarily reflects transaction between parties and terms of sale, but it does not, in itself, verify the land's classification as agricultural for taxation purposes. Therefore, heavy reliance on sale deed to establish agricultural character of land would be misplaced. |
| CRIMINAL - Bom. HC: Making Daughter-in-Law Sleep on Carpet, Not Allowing Her to Watch TV isn't Cruelty |
| Mon, 11 Nov 2024 11:41:34 IST |
| Bombay High Court has held that allegations by a daughter-in-law of not allowing her to watch television or making her sleep on a carpet cannot constitute offence of cruelty under Section 498A of the Indian Penal Code, 1860. |
| CRIMINAL - Supreme Court: Can't Quash POCSO Cases on the Basis of Compromise |
| Fri, 08 Nov 2024 17:49:29 IST |
| SC while setting aside a judgement of Rajasthan HC quashing a sexual assault case on the basis of compromise, has held that that commission of such offences cannot be taken lightly as offences of private nature and in fact, such offences are bound to be taken as offences against the society. |
| SERVICE - SC: Candidate in Select List Doesn't Have Indefeasible Right to Be Appointed |
| Fri, 08 Nov 2024 17:49:20 IST |
| Supreme Court has held that a candidate placed in the select list gets no indefeasible right to be appointed even if vacancies are available but the State or its instrumentality cannot arbitrarily deny appointment to a selected candidate and has to justify its decision for not making appointment. |
| ADMINISTRATIVE - Supreme Court Amends Supreme Court Rules, 2013 |
| Fri, 08 Nov 2024 17:49:10 IST |
| Supreme Court has amended the Supreme Court Rules, 2013 by substituting the term 'summer vacation/vacation' with 'partial court working days'. |
| CRIMINAL - Supreme Court: NCRB Authorised to Collect Data of Prisoners |
| Fri, 08 Nov 2024 17:48:59 IST |
| Supreme Court has clarified that the directions passed by it regarding deletion of caste column in prison registers will not impede the collection of data by National Crime Records Bureau (NCRB). |
| CUSTOMS - SC: Officers of DRI are 'Proper Officers' for Purpose of Section 28 of Customs Act |
| Fri, 08 Nov 2024 17:48:50 IST |
| SC has held that the officers of DRI, Commissioners of Customs-Preventive, Directorate General of Central Excise Intelligence, and Commissioners of Central Excise and other similarly situated officers are "proper officers" for purposes of S. 28 of Customs Act, 1962 and can issue show-cause notices. |
| CONSTITUTION - SC: Minority Status of AMU Not Lost Merely Because of its Incorporation by Statute |
| Fri, 08 Nov 2024 17:48:38 IST |
| Supreme Court with 4:3 majority has overruled the judgement of S. Azeez Basha vs. Union of India (MANU/SC/0039/1967; 1967 INSC 238) and has held that the minority status of Aligarh Muslim University (AMU) will not be lost merely because a statute has been enacted to regulate/govern it. |
| CIVIL - Bench Strength of J&K and Ladakh High Court Increased from 17 to 25 |
| Fri, 08 Nov 2024 17:48:28 IST |
| Ministry of Law and Justice has increased the Judge Strength of the Jammu & Kashmir and Ladakh High Court, from 17 to 25 Judges, with 19 Permanent Judges and 06 Additional Judges. |
| CIVIL - Madras HC: No Law Which Fixes Number of Persons Who Can Appear for/Accompany a Party to Court |
| Fri, 08 Nov 2024 17:48:18 IST |
| Madras High Court while dismissing a petition seeking restriction on number of persons appearing and accompanying a VIP litigant, has stated that there is no enactment at present which fixes the number of persons who can appear on behalf of or accompany a party to Court. |
| CONSTITUTION - Ker. HC: Media Expressing Definitive Opinion Regarding Guilt/Innocence of Party Not Protected u/a 19 |
| Fri, 08 Nov 2024 17:48:08 IST |
| Ker. HC has held that the expression by media of any definitive opinion regarding guilt or innocence of a party in a Criminal investigation before an authoritative pronouncement is made by the adjudicatory forum concerned would not get the protection guaranteed under Article 19 (1) (a) of COI. |
| ARBITRATION - HP HC: No Application of Section 29A of A&C Act on Proceedings Commencing before 2015 Amendment Act |
| Fri, 08 Nov 2024 17:47:57 IST |
| Himachal Pradesh High Court has affirmed that Section 29A of Arbitration and Conciliation Act, 1996 shall not apply on arbitration proceedings that commenced before the enforcement of the Arbitration & Conciliation (Amendment) Act, 2015. |
| ARBITRATION - HP HC: Parties Must Object to Tribunal's Jurisdi. u/s 16 of A&C Act Before/During Defence Statement |
| Fri, 08 Nov 2024 17:47:47 IST |
| Himachal Pradesh High Court has held that if any party has objections regarding the tribunal's jurisdiction then by virtue of Section 16(2) of A&C Act, 1996 the same should be raised before or during the submission of statement of defence. Any objection after that is expressly prohibited. |
| CRIMINAL - SC: Sessions Court to Order Compensation to Victims of Cases Concerning Bodily Injuries |
| Thu, 07 Nov 2024 14:06:43 IST |
| Supreme Court has directed that a Sessions Court, which adjudicates a case concerning the bodily injuries such as sexual assault etc. particularly on minor children and women shall order for victim compensation to be paid having regard to the facts and circumstances of the case. |
| ELECTRICITY - SC: Limitation Period of 2 Years to be Applicable on Dues Incurred after Enforcement of 2003 Act |
| Thu, 07 Nov 2024 14:06:33 IST |
| Supreme Court has held that the limitation period of two years prescribed for recovery of dues under Section 56 of the Electricity Act, 2003 would apply to liabilities arising under the 2003 Act, and not prior to the enforcement thereof. |
| CIVIL - SC: Bar Associations Must Take Lead and Address the Issue of Mental Health |
| Thu, 07 Nov 2024 14:06:22 IST |
| Supreme Court while refusing to entertain a PIL seeking constitution of a platform to address mental health issues of lawyers, has observed that bar associations must take the lead and address the issue of mental health. |
| ELECTION - MP HC: Ordinance Extending Period for Bringing No-Confidence Motion Shall Apply Retrospectively |
| Thu, 07 Nov 2024 14:06:11 IST |
| Madhya Pradesh High Court has reiterated that Madhya Pradesh Municipalities (Second Amendment) Ordinance, 2024 that extends the period for bringing a no-confidence motion from two to three years shall be applicable retrospectively. |
| CRIMINAL - P&H HC: Can Grant Bail to Accused if Trial Not Likely to Conclude Soon |
| Thu, 07 Nov 2024 14:06:00 IST |
| Punjab & Haryana High Court has stated that if the trial is not likely to conclude soon, an accused under the Prevention of Money Laundering Act, 2002 (PMLA) can be granted bail. |
| SERVICE - Supreme Court: Can't Discriminate High Court Judges on the Basis of Source of Appointment |
| Wed, 06 Nov 2024 15:16:21 IST |
| Supreme Court has observed that High Courts are constitutional institutions recognised by Article 216 of the Constitution of India and it doesn't make any distinction between the source from which HC judges are recruited. Once appointed to the High Court the judges constitute a homogenous class. |
| CIVIL - SC: UP Government to Pay Interim Compensation for Illegal Demolition for Road Widening Project |
| Wed, 06 Nov 2024 15:16:09 IST |
| Supreme Court while hearing a suo motu petition on illegal demolition of residential houses for a road widening project in Uttar Pradesh, has directed the payment of Rs. 25 Lakhs as interim compensation to the petitioner. |
| CRIMINAL - SC: Maintainability of Second Complaint Would Depend on How the Earlier Complaint Was Rejected |
| Wed, 06 Nov 2024 15:15:59 IST |
| Supreme Court has held that the maintainability or otherwise of the second complaint would depend upon how the earlier complaint happened to be rejected/dismissed at the first instance. |
| CRIMINAL - Supreme Court: Section 197(1) of CrPC Will Apply to Cases Under PMLA |
| Wed, 06 Nov 2024 15:15:49 IST |
| Supreme Court has held that Section 197(1) of Code of Criminal Procedure, 1973 which provides for requirement of prior sanction from Government to prosecute public servants will be applicable on cases under the Prevention of Money Laundering Act, 2002. |
| MOTOR VEHICLES - SC: Person Having Driving Licence for LMV Can Drive Vehicle Less than 7500 Kg |
| Wed, 06 Nov 2024 15:15:38 IST |
| Supreme Court has held that a person having a driving licence for a light motor vehicle (LMV) is allowed to drive a transport vehicle weighing less than 7500kg, without any specific authorisation. |
| TRUSTS AND SOCIETIES - Ker. HC: Even after Constitution of Waqf Tribunal, Civil Court Can Execute Decree Over Waqf Dispute |
| Wed, 06 Nov 2024 15:15:26 IST |
| Kerala High Court has held that even after the constitution of the Waqf Tribunal, the Civil Court does not cease to have jurisdiction to execute the decree passed by the Civil Court in respect of a waqf dispute or to execute a decree passed by the Waqf Tribunal. |
| CRIMINAL - J&K HC: Complainant/Dependent to be Heard if Accused files Bail Application Under SC/ST Act |
| Wed, 06 Nov 2024 15:15:15 IST |
| J&K High Court has observed that on filing of a bail application for being released in a case under the SC/ST (Prevention of Atrocities Act), 1989 the complainant or his dependent is to be issued a notice or is required to be heard at the time of consideration of bail plea. |
| CONSTITUTION - Supreme Court Upholds Constitutional Validity of UP Madarsa Education Act, 2004 |
| Tue, 05 Nov 2024 15:04:47 IST |
| SC while setting aside Allahabad High Court's judgement that struck down the UP Board of Madarsa Education Act, 2004, has upheld the constitutional validity of the Act except for provisions related to higher education degrees for being in conflict with University Grants Commission Act, 1956. |
| ENVIRONMENT - SC Directs Delhi Government to Explain Steps Taken to Implement Ban on Firecrackers |
| Tue, 05 Nov 2024 15:04:35 IST |
| SC has directed Delhi Government to file an affidavit placing on record the orders banning the use of firecrackers and the steps taken to implement the same. The Court further issued notice to Delhi Police to explain steps taken to enforce the complete ban on firecrackers in Delhi. |
| SERVICE - SC: Public Service Commission Must Maintain High Standard of Probity and Transparency |
| Tue, 05 Nov 2024 15:04:24 IST |
| SC while disapproving Kerala Public Service Commission's (KPSC) inconsistent stances in a case, has stated that a State instrumentality seized of the solemn responsibility of making selections to public services must maintain a high standard of probity and transparency. |
| PROPERTY - Supreme Court: All Private Properties Can't Form Part of 'Material Resources of Community' |
| Tue, 05 Nov 2024 15:03:56 IST |
| Supreme Court with a 8:1 majority has held that the term 'material resources of the community' under Article 39(b) of the Constitution of India does not include all private properties. While Justice BV Nagarathna partially concurred with the judgement, Justice Sudhanshu Dhulia dissented. |
| CIVIL - Ker. HC: KPSC Has No Power to Conduct an Enquiry into an Applicant's Caste Status |
| Mon, 04 Nov 2024 15:16:48 IST |
| Ker. HC has observed that Kerala Public Service Commission (KPSC) has no power to conduct an enquiry into an applicant's caste status. If it suspects that a caste certificate has been obtained through fraud or misrepresentation, it must refer the matter to the issuing authority. |
| ADMINISTRATIVE - Ker. HC: Once SC Has Dismissed Challenge to Regulation, Courts Bound by Article 141 Can't Revisit it |
| Mon, 04 Nov 2024 15:16:37 IST |
| Kerala High Court has held that once the Supreme Court has dismissed a challenge to a regulation, any court bound by the declaration of law under Article 141 of the Constitution of India cannot revisit a binding judgment of the Supreme Court on different grounds. |
| ELECTRICITY - SC: Appeal Against Retrospective Application of Electricity Act, 2003, Allowed |
| Mon, 04 Nov 2024 15:16:25 IST |
| Supreme Court has allowed an appeal against the judgment of the MP High Court concerning the retrospective application of Electricity Act, 2003 and has stated that the old demand in terms of the Electricity Act, 1948 could be enforced only up to 2 years from the enforcement of the new Act. |
| CONSTITUTION - Delhi HC: Matter of admission of Rohingya refugee children is policy decision; to be taken by Centre |
| Wed, 30 Oct 2024 13:51:31 IST |
| Delhi HC while refusing to entertain a public interest litigation (PIL) filed to seek directions to the Delhi government and MCD to grant admission to Rohingya refugee children in local schools has observed that matter involved "international" issues and is a policy decision to be taken by Union. |
| CRIMINAL - Delhi High Court Grants Bail to Vaibhav Jain and Ankush Jain in the PMLA Case |
| Wed, 30 Oct 2024 13:51:19 IST |
| Delhi High Court has allowed bail application of Vaibhav Jain and Ankush Jain in the money laundering case involving AAP leader Satyendra Jain on the ground that the main accused, Satyendra Jain, has also been granted bail and that parity is applicable in Prevention of Money Laundering Act cases. |
| CRIMINAL - 2012 Disproportionate Assets Case: Madras HC Sets Aside Discharge of Former CM Panneerselvam |
| Wed, 30 Oct 2024 13:51:08 IST |
| The Madras High Court has set aside the order discharging former Tamil Nadu Chief Minister, O. Panneerselavm and permitting prosecution to withdraw the case against him, in a disproportionate assets case in 2012 |
| CRIMINAL - Renukaswamy Murder Case: Karnataka High Court Grants Interim Bail To Actor Darshan |
| Wed, 30 Oct 2024 13:50:57 IST |
| The Karnataka High Court has granted interim bail to Kannada Actor Darshan Thoogudeep Srinivas, on medical grounds to undergo spine surgery. |
| CONSTITUTION - Raj. HC: Right To Live with Dignity Includes Being Able to Attend Once in a Lifetime Family Rituals |
| Tue, 29 Oct 2024 13:50:31 IST |
| Rajasthan High Court, while allowing the interim bail application filed by the Accused's son has ruled that right to life under Article 21 of Constitution includes right to live with dignity that encompasses attending once in a lifetime family rituals like right of father to attend son's marriage. |
| CIVIL - Mutilation property in DUSU Election: Del. HC Directs Candidates to File Affidavit & Beautify Campus |
| Tue, 29 Oct 2024 13:50:20 IST |
| Delhi HC, while hearing a plea concerning the "defacement" of public property in Delhi University (DU) due to the Delhi University Students' Union (DUSU) elections, directed the candidates to file an affidavit that they won't mutilate any public property and take steps to beautify the campus. |
| CRIMINAL - Kerala Court Dismissed Anticipatory Bail Application of CPM Leader Accused of Abetting ADM's Suicide |
| Tue, 29 Oct 2024 13:50:08 IST |
| A Kerala Court has denied anticipatory bail to CPM Member and former Kannur district Panchayath President, PP Divya, who is accused of abetting the suicide of Additional District Magistrate, Naveen Babu. |
| CIVIL - Kerala HC Dismisses Transfer Petition Alleging Bias of Judicial Officer and Imposes Rs. 15K as Cost |
| Tue, 29 Oct 2024 13:49:56 IST |
| Kerala High Court while dismissing a transfer petition filed in a matrimonial dispute case, alleging bias of judicial officer, has imposed a cost of fifteen thousand rupees on the petitioner-husband and observed that the petition was meritless and was used as a ploy to delay the court proceeding. |
| CRIMINAL - Kar. High Court Directs Release of Union Minister Prahlad Joshi's Brother, Nephew in Cheating Case |
| Tue, 29 Oct 2024 13:49:42 IST |
| The Karnataka High Court has ordered the release of Union Minister Prahlad Joshi's brother and nephew, arrested in a cheating case for allegedly taking Rs. 2.5 crores from certain person in exchange of an election ticket. |
| CRIMINAL - SC: Accused Liable to Provide Explanation When Offence is Committed Within Privacy of their House |
| Mon, 28 Oct 2024 12:12:19 IST |
| The Supreme Court has observed that failure of accused to offer explanation can be treated as an adverse circumstance against them as per Section 106 of the Indian Evidence Act, 1872, when the offence was committed in their presence in the privacy of their house. |
| LAW OF EVIDENCE - SC: Testimony of Close Relatives Based on Oral Dying Declaration of Deceased Must be Cautiously Used |
| Mon, 28 Oct 2024 12:12:08 IST |
| The Supreme Court has observed that the testimony of the close relative, based on the deceased's oral dying declaration, must be cautiously assessed, while using the same for convicting the accused. |
| CIVIL - Supreme Court Stays Allahabad HC Order Imposing Rs 1 Lakh Cost on Adv Mehmood Pracha |
| Mon, 28 Oct 2024 12:11:52 IST |
| The Supreme Court has stayed an Allahabad High Court order imposing a cost of Rs.1 lakh on Advocate Mehmood Pracha for "wasting Court's time" by filing a petition concerning videography during the electoral process. |
| CRIMINAL - Delhi HC: Impermissible to Use Section 45 of PMLA as a Tool Which Lead to Unreasonable Long Detention |
| Mon, 28 Oct 2024 12:11:41 IST |
| The Delhi High Court has held that where it is evident that the trial in the money laundering case is not likely to conclude in a reasonable time and where the delay is not attributable to accused, keeping an accused in custody by using Sec. 45 of PMLA as a tool for incarceration is not permissible. |
| CRIMINAL - Rajasthan HC: Right to Live With Dignity as Human Being Includes Being Able to Act as a Good Husband |
| Mon, 28 Oct 2024 12:11:30 IST |
| The Rajasthan High Court while allowing interim bail of Petitioner for 3 months on medical grounds of his wife has observed that Article 21 of the Constitution includes the right to live with dignity as a human being which necessarily also entailed to act as a good husband in terms of marital vows. |
| INSOLVENCY - NCLAT: Payment of Lease Amount, Rent & Premium Arising During CIRP Cannot Be Considered as CIRP Costs |
| Mon, 28 Oct 2024 12:11:20 IST |
| The National Company Law Appellate Tribunal (NCLAT) has observed that the payment of lease amount, lease rent and premium arising during CIRP cannot be considered as CIRP costs and cannot be claimed in view of Section 14 of the Insolvency and Bankruptcy Code, 2016 (IBC). |
| INSOLVENCY - NCLAT: Dissenting Financial Creditor Entitled to Liquidation Value of its Secured Interest only |
| Mon, 28 Oct 2024 12:11:09 IST |
| The National Company Law Appellate Tribunal (NCLAT) has observed that as per Section 30(2)(b) of Insolvency and Bankruptcy Code, 2016 (IBC), a dissenting financial creditor is entitled to the liquidation value of its secured interest only and not the total liquidation value of Corporate Debtor. |
| SERVICE - SC Permits Candidate with Blindness to Attend Interview for Selection of Civil Judges in Rajasthan |
| Fri, 25 Oct 2024 11:20:42 IST |
| Supreme Court has allowed a candidate with blindness to attend interview for the selection of Civil Judges in Rajasthan and has stated that quota for Persons with Disabilities will be treated as under horizontal reservation. |
| CIVIL - SC Sets Aside HC's Decision to Accept Aadhaar Card as a Proof of Date of Birth |
| Fri, 25 Oct 2024 11:20:30 IST |
| Supreme Court has set aside the High Court's decision to accept the date of birth mentioned in the Aadhaar Card as proof of age. The Court further observed that age can be more authoritatively determined from the birth date mentioned in school records. |
| CIVIL - SC Refuses to Mark Presence of Advocate Who Did Not Argue the Matter |
| Fri, 25 Oct 2024 11:20:20 IST |
| Supreme Court has refused to mark presence of an advocate who did not argue in a matter and stated that Advocate-on-Record should be invariably present and a day would come when the Court would not even record their appearance if they don't appear. |
| INSOLVENCY - Supreme Court: NCLAT Cannot Use its 'Inherent Powers' to Subvert Legal Provisions |
| Fri, 25 Oct 2024 11:20:09 IST |
| SC has held that 'inherent powers' cannot be used to subvert legal provisions, which exhaustively provide for a procedure. To permit the NCLAT to circumvent this detailed procedure by invoking its inherent powers under Rule 11 would run contrary to the carefully crafted procedure for withdrawal. |
| INTELLECTUAL PROPERTY RIGHTS - Bombay High Court: 'GIRNAR' a Well Known Trademark in India |
| Fri, 25 Oct 2024 11:19:57 IST |
| Bombay High Court has held that the popular food and beverage mark 'GIRNAR' is a well know trademark in India which has surpassed the scope of merely encompassing products / services sold or rendered under the said trade mark. |
| SERVICE - Bom. HC: Workers in Statutory Canteens are Principal Employer's Employees |
| Fri, 25 Oct 2024 11:19:46 IST |
| Bombay High Court while dismissing a petition challenging jurisdiction of Industrial Courts over employment status of canteen workers, has held that statutory canteen's workers are employees of the principal employer. |
| ARBITRATION - Raj HC: Non-Disclosure of Information Wasn't a Ground for Disqualification Before 2015 Amendment Act |
| Fri, 25 Oct 2024 11:19:34 IST |
| Rajasthan High Court has held that prior to 2015 Amendment Act there was no existence of disqualification under Section 12 of Arbitration and Conciliation Act, 1996 for non-disclosure of information. |
| SERVICE - Madras HC: Only 'Preponderance of Probability' Required in Disciplinary Proceedings |
| Fri, 25 Oct 2024 11:19:23 IST |
| Madras High Court while upholding the dismissal of two workers, has affirmed that in matters of disciplinary proceedings only preponderance of probability is required to be met rather than criminal law's "beyond reasonable doubt" threshold. |
| CRIMINAL - Kerala HC: Criminal Courts of District Judiciary Cannot Recall their Earlier Orders |
| Fri, 25 Oct 2024 11:19:12 IST |
| Kerala High Court has held that it is explicit that the criminal courts of the District Judiciary cannot recall their earlier orders. An illegal order or an order without jurisdiction cannot be corrected by another illegal order or another order without jurisdiction. |
| CRIMINAL - Supreme Court: In a Bail Application There Can't Be a Transfer of Investigation |
| Thu, 24 Oct 2024 11:19:06 IST |
| Supreme Court has held that in a bail application there can't be a transfer of investigation to CBI. The direction is virtually to make de novo investigation. Such a direction cannot be issued while rejecting the bail application filed by accused. |
| CRIMINAL - SC Strikes Down Delhi HC's Bail Condition Requiring Accused to Reside in Delhi During Trial |
| Thu, 24 Oct 2024 11:18:55 IST |
| Supreme Court while striking down a bail condition imposed on an accused requiring him to arrange accommodation and reside in Delhi during the trial, has held that such a condition cannot be said to be a condition of bail. |
| CRIMINAL - SC Issues Directions Regarding Awareness of Convicted Prisoners' Right to Legal Aid |
| Thu, 24 Oct 2024 11:18:45 IST |
| Supreme Court while issuing directions regarding awareness of convicted prisoners' right to legal aid, has observed that the most important task in any legal service is spreading of its awareness to the needy & to make them aware about the rights in the nature of the existence of a right of appeal. |
| ENVIRONMENT - SC: Stubble Burning is a Blatant Violation of Fundamental Rights Guaranteed Under Article 21 |
| Thu, 24 Oct 2024 11:18:34 IST |
| Supreme Court has observed that there is a fundamental right vesting in every citizen under Article 21 of the Constitution of India to live in a pollution free environment and stubble burning is a blatant violation of that right. |
| ENVIRONMENT - SC: Can't Uproot Trees for Kolkata Metro Rail Without Permission of CEC |
| Thu, 24 Oct 2024 11:18:23 IST |
| Supreme Court while directing Central Empowered Committee (CEC) to look into the matter of uprooting and transplantation of trees for Kolkata metro rail, has stated that activities of felling of trees or transplantation shall not be done without the permission of CEC. |
| INSOLVENCY - SC: NCLAT Order Closing Insolvency Proceedings against Byju's, Set Aside |
| Thu, 24 Oct 2024 11:18:13 IST |
| Supreme Court has set aside the order passed by National Company Law Appellate Tribunal (NCLAT) that accepted the settlement between Byju's and BCCI and closed the insolvency proceedings against Byju's. |
| INSOLVENCY - SC: No Compulsion for Companies to Give Names of All Secured/Unsecured Creditors in Balance Sheet |
| Thu, 24 Oct 2024 11:17:59 IST |
| Supreme Court while dismissing plea of corporate debtor's suspended director against initiation of CIRP, has observed that it is not compulsory for companies to specifically name all the secured or unsecured creditors in their balance sheet. |
| CIVIL - Delhi HC: Power Under A. 227 to be Exercised Where Failure to Correct May Result in Grave Injustice |
| Thu, 24 Oct 2024 11:17:48 IST |
| Del. HC has observed that power of superintendence under A. 227 does not amount to an unrestricted prerogative to correct every erroneous decision by subordinate court but the power so enshrined has been placed as being liable to be exercised where a failure to correct may result in grave injustice. |
| ARBITRATION - Del. HC: Can't Award Compensation for Breach of Contract in Absence of Legal Injury |
| Thu, 24 Oct 2024 11:17:34 IST |
| Delhi High Court has held that in case of breach of contract, if there is absence of legal injury then no compensation can be awarded for such breach. |
| ARBITRATION - Bombay HC: Tribunal's Award Even if Erroneous, has to be Challenged by Invoking S. 34 of A&C Act |
| Thu, 24 Oct 2024 11:17:23 IST |
| Bombay High Court has observed that when the 'Award' is made by the Facilitation Council / Tribunal by exercising jurisdiction vested in it, however erroneous the 'Award' may be, the same has to be challenged only by invoking Section 34 of the Arbitration and Conciliation Act, 1996. |
| DIRECT TAXATION - Bom HC: Non-Disposal of Registration Application in 6 Months Would Not Result in Deemed Registration |
| Thu, 24 Oct 2024 11:17:12 IST |
| Bombay High Court has clarified that non-disposal of application for registration by granting or refusing registration, before the expiry of six months as provided u/s 12AA(2) of Income Tax Act, 1961, would not result in a deemed grant of registration. |
| CIVIL - Kar HC: Necessary for Authorities to Dispose of Application to Renew Registration in Reasonable Time |
| Thu, 24 Oct 2024 11:17:01 IST |
| Kar. HC has stated that it becomes necessary for the Competent Authorities to dispose of the application filed for seeking renewal of registration of clinics within a reasonable time failing which non renewal of registration cannot become an offence against those clinics. |
| CRIMINAL - Karnataka HC: Mere Change of Counsel Cannot be a Ground to Recall Witness |
| Thu, 24 Oct 2024 11:16:50 IST |
| Karnataka High Court has stated that mere change of counsel cannot be a ground to recall a witness. The application under Section 311 CrPC must contain details as to why the witness is required to be recalled. Recalling of witnesses should not be permitted at the fag end of the trial. |
| EDUCATION - Guj. HC: State Bar Council to Issue Provis. Certificates to Students from Colleges Unapproved by BCI |
| Thu, 24 Oct 2024 11:16:38 IST |
| Gujarat High Court has asked the State Bar Council to accept enrolment and to issue provisional certificate of practice to students from law schools that are not approved by Bar Council of India so that the students can appear in the All India Bar Examination (AIBE) 2024. |
| CIVIL - Kerala HC: State Must Ensure that Digital Platforms are Accessible to Everyone |
| Thu, 24 Oct 2024 11:16:27 IST |
| Kerala High Court has observed that the duty of the State to address the unique needs of persons with disabilities extends beyond merely providing access to public buildings and services. It must also ensure that digital platforms are accessible to everyone. |
| MOTOR VEHICLES - J&K HC: Certificate of Insurance under MV Act Includes a Cover Note |
| Thu, 24 Oct 2024 11:16:16 IST |
| J&K HC has observed that Section 145(b) of the Motor Vehicles Act, 1988 prescribes that 'Certificate of Insurance' means a certificate and includes a Cover Note complying with such requirement as may be prescribed. |
| CIVIL - Supreme Court: States Have the Power to Regulate Industrial Alcohol |
| Wed, 23 Oct 2024 12:20:02 IST |
| Supreme Court has held that under Entry 8 of List II of the Constitution of India, the term intoxicating alcohol includes within its meaning industrial alcohol, therefore, States have the power to regulate and tax the same. The judgement was passed by 8:1 majority with Justice Nagarathna dissenting. |
| DIRECT TAXATION - Supreme Court: HDFC Bank is a Juristic Person, Question of Mens Rea Does Not Arise |
| Wed, 23 Oct 2024 11:32:24 IST |
| SC while quashing a criminal case against HDFC Bank Ltd. for violating IT Dept. order, has stated that the bank is a juristic person and question of mens rea does not arise. However there is nothing to show that the bank had dishonestly induced someone deceived to deliver any property to any person. |
| EDUCATION - SC Reserves Judgement on Striking Down UP Madarsa Education Act, 2004 |
| Wed, 23 Oct 2024 11:32:11 IST |
| SC while reserving judgement on petitions filed against judgment of the Allahabad High Court striking down 'Uttar Pradesh Board of Madarsa Education Act 2004' as unconstitutional, has stated that to throw out the Act is like throwing out the baby with the bathwater. |
| ARBITRATION - SC: Order Passed Under Public Premises Act Doesn't Bar Invocation of Arbitration Clause |
| Wed, 23 Oct 2024 11:32:00 IST |
| SC has observed that if an arbitration clause is invoked by filing an application under Section 11(6) of the Arbitration & Conciliation Act, 1996 then an eviction order passed under the Public Premises Act, 1971 would not come in the way of such invocation. |
| ARBITRATION - Del. HC: Non-Signatory's Action Aligning With Signatories Impresses that it's a Veritable Party |
| Wed, 23 Oct 2024 11:31:49 IST |
| Delhi High Court has observed that if the non-signatory's actions align with those of the signatories, it could reasonably lead the signatories to believe that the non-signatory was a veritable party to the contract containing the arbitration clause. |
| CRIMINAL - All. HC: When Warrant of Arrest is Issued, Applicant Not Entitled to Invoke Extraordinary Power |
| Wed, 23 Oct 2024 11:31:39 IST |
| Allahabad HC has observed that when warrant of arrest or proclamation is issued, the applicant is not entitled to invoke the extraordinary power. Certainly, this will not deprive the power of the Court to grant pre-arrest bail in extreme, exceptional cases in the interest of justice. |
| CIVIL - Ker. HC: If a Legislation Confers Benefit on Some Persons it Can be Applied Retrospectively |
| Wed, 23 Oct 2024 11:31:29 IST |
| Kerala HC has observed that if a legislation confers benefit on some persons but without inflicting a corresponding detriment on some other person, then the presumption would be that such a legislation, would be given a retrospective effect. |
| EDUCATION - SC Restrains Centre and States to Act Upon Withdrawal of Madarssas Not Complying with RTE |
| Tue, 22 Oct 2024 13:51:26 IST |
| Supreme Court has passed an interim order and restrained the Central Government and States to act upon communications issued by the National Commission for Protection of Child Rights (NCPCR) with regard to withdrawal of recognition of Madrassas not complying with the Right to Education Act 2009. |
| CRIMINAL - SC: If Prosecution Docs. Admitted by Defence, Court Can Appreciate Creditworthiness of Evidence |
| Tue, 22 Oct 2024 13:51:11 IST |
| SC has stated that if under Section 294 of CrPC, prosecution documents were admitted by defence without formal proof then Court can appreciate, analyse and test the creditworthiness of the evidence led by the prosecution which was available on record. |
| CIVIL - SC: If Judge Only Pronounces Operative Part of Judgement then Reasons to Made Available in 2-5 Days |
| Tue, 22 Oct 2024 13:50:59 IST |
| SC has observed that if a judge pronounces operative part of a judgement while expressing that reasons would follow in a detailed final judgment, it would be in the interest of justice if the learned Judge makes the reasons available in public domain, preferably within 2 days but not beyond 5 days. |
| CRIMINAL - SC: Power Under Section 432(1) of CrPC Has to be Exercised in a Fair and Reasonable Manner |
| Tue, 22 Oct 2024 13:50:47 IST |
| Supreme Court has held that the power under Section 432(1) of the CrPC has to be exercised in a fair and reasonable manner. Therefore, conditions imposed while exercising this power must be reasonable and must stand the test of scrutiny of Article 14 of the Constitution of India. |
| LAND ACQUISITION - SC: Logical Progression in Compensation Estimation Process Would be to Identify Suitable Sale Deed |
| Tue, 22 Oct 2024 13:50:35 IST |
| SC while dealing with a case related to land acquisition, has stated that the logical progression in the compensation estimation process would be to identify the most suitable sale deed(s) for determining the market value and subsequently, to apply adequate deductions on the same. |
| ARBITRATION - Del. HC: Standard Required to be Met by Post Award S.9 Relief is Higher than Pre-Award S.9 Relief |
| Tue, 22 Oct 2024 13:50:24 IST |
| Delhi High Court while hearing a matter that arose from a concession agreement executed between parties, has held that standard required to be met by a post-award Section 9 of A&C Act relief is higher than that required by pre-award Section 9 of A&C Act reliefs. |
| CRIMINAL - Delhi High Court: Court Can Waive of Requirement to Furnish Surety, if Satisfied |
| Tue, 22 Oct 2024 13:50:14 IST |
| Delhi High Court has stated that if a Court is satisfied that the requirement of furnishing surety can be waived or substituted without compromising the judicial process, a court would be well- advised to do so. |
| CIVIL - Mad. HC: Family Court should Ensure Conducting Proceedings Without Insisting Presence of Parties |
| Tue, 22 Oct 2024 13:50:03 IST |
| Madras HC has held that Family Court should ensure that system of conducting proceedings through video conferencing is put to usage without insisting the presence of parties even from the time of first presentation till the conclusion of proceedings. |
| CONSTITUTION - SC: Article 8 to be Applicable on People Residing Outside India on Date of Commencement of COI |
| Mon, 21 Oct 2024 11:05:00 IST |
| Supreme Court has held that the provision of Article 8 of Constitution of India will only apply to someone ordinarily residing on the date of commencement of the Constitution in any country outside India as defined in the Government of India Act, 1935, as originally enacted. |
| CRIMINAL - SC: No Mandate to Decide Application u/s 319 CrPC Before Cross-Examination of Other Witnesses |
| Mon, 21 Oct 2024 11:04:48 IST |
| SC has stated that the complicity of any person sought to be arrayed as accused can be decided with or without conducting cross-examination of complainant & other prosecution witnesses, and there is no mandate to decide application under Section 319 CrPC before cross-examination of other witnesses. |
| CRIMINAL - SC: Beneficial Provision of Section 436A of CrPC Will Apply To Prosecution Under PMLA |
| Mon, 21 Oct 2024 11:04:37 IST |
| SC while granting bail to an accused in a money laundering case, has relied on Vijay Madanlal Choudhary and Ors. vs. Union of India (MANU/SC/0924/2022; 2022 INSC 757)which held that the beneficial provision of section 436A of the Code of Criminal Procedure, 1973 will apply to prosecution under PMLA. |
| CRIMINAL - Supreme Court Issues Guidelines Against Child Marriages |
| Mon, 21 Oct 2024 11:04:27 IST |
| SC while issuing guidelines against child marriages, has stated that to ensure effective use of penal provisions in the Prohibition of Child Marriage Act, 2006, it is imperative that there is widespread awareness and education about child marriage and the legal consequences of its commission. |
| CIVIL - Supreme Court Proposes Live Streaming of Regular Hearings in All Benches |
| Mon, 21 Oct 2024 11:04:16 IST |
| Supreme Court has proposed the initiation of process of live-streaming of regular hearings on all benches. A test format of the proceedings was streamed live on 18th October. |
| PROPERTY - SC Recalls Judgement Striking Down S. 3(2) and 5 of the Benami Transactions (Prohibition) Act, 1988 |
| Mon, 21 Oct 2024 11:04:03 IST |
| Supreme Court has recalled its judgement which struck down Sections 3(2) and 5 of the Benami Transactions (Prohibition) Act, 1988 as unconstitutional. |
| CIVIL - P&H HC: BCI Can Assume Revisional Jurisdiction Only When Matter is Disposed of by State Bar Council |
| Mon, 21 Oct 2024 11:03:52 IST |
| P&H HC has stated that the revisional jurisdiction by the Bar Council of India can only be assumed, when a matter is disposed of by a State Bar Council or a Committee thereof, but not during pendency of proceedings before State Bar Council. |
| ARBITRATION - All. HC: Retroactive Application of Rulings to Arbitral Awards Would Create Legal & Procedural Chaos |
| Mon, 21 Oct 2024 11:03:41 IST |
| All. HC has observed that if parties were allowed to reopen concluded arbitrations based on new judicial rulings, it would lead to a flood of claims seeking to modify arbitral awards. Moreover, retroactive application of judicial decisions to arbitral awards would create legal and procedural chaos. |
| MOTOR VEHICLES - SC: Court Has to Apply Principles of Preponderance of Probability in Motor Accident Claim Cases |
| Fri, 18 Oct 2024 11:20:07 IST |
| Supreme Court has stated that in claim cases, arising out of motor accident, the court has to apply the principles of preponderance of probability and cannot apply the test of proof beyond reasonable doubt. |
| RIGHT TO INFORMATION - Bom. HC: Reasons for Delay Could Not Constitute Information as Defined Under RTI Act |
| Fri, 18 Oct 2024 11:19:55 IST |
| Bom. HC has observed that under section 2(f) of RTI Act, 2005 "information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases etc. Therefore, the reasons for delayed decision could not constitute information as defined under the Act. |
| SERVICE - Chh. HC: Once Resignation is Accepted, Employee Cannot Claim its Withdrawal |
| Fri, 18 Oct 2024 11:19:43 IST |
| Chhattisgarh High Court has held that once the resignation of an employee is accepted there is no jural relationship between the employee and the employer and the employee cannot claim for the withdrawal of the resignation nor reinstatement. |
| BANKING - Kar HC: Rule 9(5) Has Mandatory Application if Auction Purchaser is Unable to Pay Sale Consideration |
| Fri, 18 Oct 2024 11:19:32 IST |
| Kar. HC has held that Rule 9(5) of the Security Interest (Enforcement) Rules, 2002 providing for forfeiture of the earnest money has mandatory application once the auction purchaser is unable to pay the balance amount of sale consideration within statutory time limit contemplated for the purpose. |
| ARBITRATION - Bom. HC: MSMED Act Does Not Provide Mechanism for Challenging Award Passed Under Section 18 |
| Fri, 18 Oct 2024 11:19:20 IST |
| Bombay High Court has held that Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) does not provide any mechanism for challenging the award passed under Section 18. The Arbitration and Conciliation Act, 1996 takes over once an award is passed under Section 18 of the MSMED Act. |
| NARCOTICS - Ker HC: Charge Framed by Court Without Jurisdic. Will Not Affect Evidence Recorded by Special Court |
| Fri, 18 Oct 2024 11:19:09 IST |
| Kerala High Court has held that evidence recorded by a Special Court constituted under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), 1985 will not be affected because of framing of charge by a Sessions Court having no jurisdiction to try the case. |
| INSURANCE - J&K: Insurance Company Bound to Pay the Claim Against the Sum Insured |
| Fri, 18 Oct 2024 11:18:57 IST |
| J&K High Court has observed that the Insurance Company is bound to pay the claim against the sum insured. It is not the business of the Insurance Company to see whether the person suffering damages has been paid some sort of relief from other sources or not. |
| CRIMINAL - MP HC: Section 125 CrPC Not Constituted to Create Army of Idle People Waiting For Maintenance |
| Fri, 18 Oct 2024 11:18:45 IST |
| MP HC has held that Section 125 of CrPC, 1973 has not been constituted to create an army of idle or inactive people waiting for maintenance to be awarded from income of the spouse. It is nowhere manifested that able & well qualified lady has to be always dependent upon her spouse for maintenance. |
| SERVICE - All. HC: Husband's Death from Poisoning Doesn't Qualify for Extraordinary Pension |
| Fri, 18 Oct 2024 11:18:34 IST |
| Allahabad High Court while dismissing an appeal for extraordinary pension under the Uttar Pradesh Police (Extraordinary Pension) Rules, 1961, has observed that husband's death from poisoning does not qualify for extraordinary pensions as the matter is unrelated to performance of official duties. |