| 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. |
| CONSTITUTION - Supreme Court: Constitutional Validity of Section 6A of Citizenship Act, 1955 Upheld |
| Thu, 17 Oct 2024 14:50:41 IST |
| Supreme Court has upheld the constitutional validity of Section 6A of Citizenship Act, 1955 that grants citizenship to immigrants who entered India between 01.01.1966 to 25.03.1971. The judgement was passed with a 4:1 majority with Justice Pardiwala dissenting. |
| FEMA - Delhi HC: If Export Proceeds Realized as Per FEMA, Exporter Entitled to Duty Drawback |
| Thu, 17 Oct 2024 11:17:02 IST |
| Delhi High Court has observed that if export proceeds have been realized within the stipulated period as prescribed in FEMA, the exporter is entitled for the grant of duty drawback and there is no justification for freezing of the bank account of the exporter. |
| CUSTOMS - Bom. HC: Amount Collected by Revenue Without Authority of Law Amounts to Unjust Enrichment |
| Thu, 17 Oct 2024 11:16:51 IST |
| Bombay HC has reiterated that an amount collected by Revenue without the authority of law or by the erroneous application of the provision of law, if retained by the Revenue all along without having any legal right to retain the same, such collection and retention would amount to unjust enrichment. |
| CONTRACT - MP HC: Separate Show-Cause Notice Liable to be Issued for Blacklisting or Suspension of Registration |
| Thu, 17 Oct 2024 11:16:39 IST |
| MP HC while quashing suspension of registration of a contractor with State PWD has observed that blacklisting or suspension can be done simultaneously along with order of termination but for which separate show-cause notice is liable to be issued or opportunity of hearing ought to have been granted. |
| CIVIL - MP HC: For Order Rejecting Correction of Records, Sub-Divisional Officer Must Give Reasons |
| Thu, 17 Oct 2024 11:16:28 IST |
| MP High Court has held that for rejecting application for correction of revenue records, Sub-Divisional Officer must give reasons in support of the finding of the order and an unreasoned order cannot be sustained. |
| FAMILY - Del. HC: Provisions of Guardians and Wards Act Can't Curtail Right of Appeal Under Family Courts Act |
| Thu, 17 Oct 2024 11:16:16 IST |
| Delhi High Court has stated that the provisions of the Guardians and Wards Act, 1890 could not curtail the right of appeal available to an individual under Section 19 of the Family Courts Act, 1984. |
| MUNICIPAL TAX - SC: Corp. Charging Royalty Can't be Interfered With as there is no Question of Royalty Being Tax |
| Thu, 17 Oct 2024 11:16:04 IST |
| SC has stated that Municipal Corporation's power to charge royalty from the advertising companies cannot be interfered with on the ground that the same is not available, either in the Act or in the Regulations concerned, as there is no question of the said 'royalty' being a tax. |
| EDUCATION - BCI Directs Pvt. Universities to Not Use Prefixes 'Bharatiya', 'National' for Conducting Competitions |
| Thu, 17 Oct 2024 11:15:53 IST |
| BCI has issued a direction prohibiting private law universities from using names such as "India," "National," "Bharatiya" in competitions as it is misleading and creates confusion among participants and public, suggesting that such events are of national significance and under government patronage. |
| MOTOR VEHICLES - Supreme Court: It is the Duty of the Court to Assess Fair Compensation |
| Thu, 17 Oct 2024 11:15:40 IST |
| SC has stated that the amount of compensation claimed is not a bar for the Tribunal and HC to award more than what is claimed, provided it is found to be just and reasonable. It is the duty of the Court to assess fair compensation. Rough calculation made by claimant is not a bar or the upper limit. |
| BANKING - SC: Auctioneer Can't Refuse Sale Certificate if No Default on Part of Auction Purchaser |
| Thu, 17 Oct 2024 11:15:28 IST |
| Supreme Court while dealing with the issue of cancellation of an auction purchase, has held that issuance of sale certificate cannot be refused by auctioneer if there is no default in depositing the balance auction amount by the auction purchaser. |
| ARBITRATION - Bom. HC: Scope of Examination u/s 11(6A) of A&C Act Confined to Existence of Arbitration Agreement |
| Thu, 17 Oct 2024 11:15:17 IST |
| Bombay High Court has held that under Section 11(6A) of the Arbitration and Conciliation Act, 1996 the scope of examination is limited to existence of arbitration agreement on the basis of Section 7 of the Act. |
| CIVIL - BCI Issues Circular Suggesting Monthly Stipend to Advocates in Urban and Rural Areas |
| Wed, 16 Oct 2024 10:27:15 IST |
| BCI has issued a circular making recommendation that junior advocates should be paid a monthly stipend of Rs. 20,000 in urban areas and Rs. 15,000 in rural areas and that Senior Advocates, Advocates and firms are encouraged to comply with the stipend guidelines to the best of their ability. |
| EDUCATION - SC: Approach of Government and Regulatory Bodies Should be on Accommodating Disabled Candidates |
| Wed, 16 Oct 2024 10:27:04 IST |
| SC has stated that the approach of the Government, regulatory bodies should be as to how best can one accommodate and grant the opportunity to the candidates with disability and not how to disqualify the candidates and make it difficult for them to pursue and realize their educational goals. |
| CIVIL - SC: Any Dispossessed Person Other Than Judgement Debtor Can Complain to Court of Such Dispossession |
| Wed, 16 Oct 2024 10:26:53 IST |
| SC has stated that where any person other than judgment debtor is dispossessed of immovable property by decree holder for possession of such property, or where such property has been sold in execution of decree by the purchaser, he may make an application to Court complaining of such dispossession. |
| CRIMINAL - SC: Court Must Apply Mind before Deciding Whether Proceeding Should be Quashed or Not |
| Wed, 16 Oct 2024 10:26:35 IST |
| Supreme Court has held that the Court must apply its mind to the materials submitted in support of police report before taking a call whether the FIR and consequential proceedings should be quashed or not more so, when the FIR alleges an act which is reflective of a dishonest conduct of the accused. |
| LIMITATION - SC: Starting Point of Limitation Commences from the Date the Defendant's Possession Becomes Adverse |
| Wed, 16 Oct 2024 10:26:24 IST |
| Supreme Court has held that in terms of Article 65 of the Limitation Act, 1963 the starting point of limitation would not commence from the date when the right of ownership arises to the plaintiff but would commence only from the date the defendant's becomes adverse. |
| CIVIL - MP HC: Can't Presume Authorities Would Act Mala Fidely if State/Municipal Council are Party to Suit |
| Wed, 16 Oct 2024 10:26:11 IST |
| MP High Court while addressing issue of denial of demarcation of land because State and Municipal Council were parties to the dispute, has observed that merely because the State or Municipal Council is the party to the suit, it cannot be presumed that the Revenue authorities would act mala fidely. |
| CRIMINAL - Kerala HC: Person Exhibiting Naked Body to Child Would Attract POCSO Act |
| Wed, 16 Oct 2024 10:26:00 IST |
| Kerala High Court has stated that when a person exhibits naked body to a child, the same is an act intending to commit sexual harassment upon a child and therefore, the offence punishable under Section 11(i) read with 12 of the POCSO Act, 2012 would attract. |
| CRIMINAL - SC Refuses to Entertain PIL Seeking Criminalisation of Sexual Offences Against Men, Trans Persons |
| Tue, 15 Oct 2024 10:36:57 IST |
| SC while refusing to entertain PIL seeking criminalisation of sexual offences against men, trans persons and animals, has observed that this court cannot by recourse under Article 142 of COI direct that a particular act constitutes an offence. Such exercise falls under parliamentary domain. |
| PROPERTY - SC: If Sale Hit by Lis Pendens, Bona Fide Purchase Can't be Used as a Defence |
| Tue, 15 Oct 2024 10:36:46 IST |
| Supreme Court has observed that once sale agreement is proved and the subsequent sale is during pendency of the suit hit by the doctrine of lis pendens, bonafide purchase cannot be used as a defence. |
| PROPERTY - Supreme Court: A Sale Cannot be Said to be a Contract |
| Tue, 15 Oct 2024 10:36:35 IST |
| SC has observed that though an agreement to sell is a contract of sale, going by its definition under Section 54 of TPA, a sale cannot be said to be a contract. Sale, going by definition thereunder, is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised. |
| ENVIRONMENT - SC: If Public Land Used Without Compliance of Condition, Land Will be Restored to Original Condition |
| Tue, 15 Oct 2024 10:36:25 IST |
| Supreme Court while dealing with the issue of enhancing green cover in Delhi, has stated that if lands are used for public purposes without compliance with the conditions of compensatory afforestation then directions will be issued to restore the land to original condition. |
| CIVIL - SC: Lawyer Covered Within Doctrine of Absolute Privilege While Responding During Proceedings |
| Tue, 15 Oct 2024 10:36:12 IST |
| Supreme Court while dismissing a defamation suit against a lawyer, has observed that the lawyer was well within his right and within the framework of the doctrine of absolute privilege available to him while responding during judicial proceedings. |
| ARBITRATION - SC: By Operation of S. 31(7)(b), Sum Directed to be Paid Under Arbitral Award Shall Carry Interest |
| Mon, 14 Oct 2024 15:05:29 IST |
| Supreme Court has held that by operation of Section 31(7)(b) of the Arbitration and Conciliation Act, 1996, the first principle is that the sum directed to be paid under the Arbitral Award shall carry interest. |
| CRIMINAL - Bombay High Court: Person Shaking Neck Towards Woman While Riding is Not Stalking |
| Mon, 14 Oct 2024 15:05:17 IST |
| Bombay High Court has held that a person's act of shaking of his neck i.e. grooving his neck while riding and simultaneously listening to the music, rather loud music does not fall into any one of the attributes or ingredients of the offence of stalking as enumerated under Section 354D of IPC. |
| CONSTITUTION - SC: Right Claimed Under A. 29 for Preserving Language Can't Result in an Absolute Right |
| Mon, 14 Oct 2024 15:05:06 IST |
| SC while dismissing a petition seeking direction on Centre to run a Sindhi language TV channel, has observed that right claimed under A. 29 for preserving language of Sindhi population can't result in an indefeasible right for commencement of a separate language channel for a specific language. |
| CIVIL - Kerala HC: The More Popular You Become, Your Rights Also Diminish to That Extent |
| Mon, 14 Oct 2024 15:04:51 IST |
| Kerala High Court while observing that celebrities should avoid taking up roles depicting women in derogatory manner, has stated that the more popular a person becomes in society, the more his/her rights diminish to that extent because they have got a public interest and a public image to keep. |
| CIVIL - Del. HC: Prosecution and Legal Departments to Exercise Due Diligence before Initiating Cases |
| Fri, 11 Oct 2024 15:02:07 IST |
| Del. HC has stated that frivolous cases undermine efficiency of judiciary, causing distress to litigants. Therefore, it is imperative that prosecution & legal departments exercise due diligence before initiating cases, in order to preserve the integrity of judicial process & ensure timely justice. |
| CRIMINAL - Delhi High Court: Bail Granted by Court on Merits, if Withheld Will Amount to Punishment |
| Fri, 11 Oct 2024 15:01:56 IST |
| Delhi High Court while granting bail to a public servant in a corruption case, has stated that if a Court on merits deems it fit to release an accused on bail, withholding the relief will be considered as a punishment. |
| CRIMINAL - Ker. HC: Physical Contact as Part of Resistance Can't be Called Explicit Sexual Overture |
| Fri, 11 Oct 2024 15:01:43 IST |
| Kerala High Court has held that physical contact as part of resistance could not be held as the one which advanced unwelcome and explicit sexual overtures and it could not be held that accused had any intention to outrage modesty of the woman in any manner or to harass her sexually. |
| TENANCY - Bom. HC: For Exemption Under Notification u/s 15(1) of Bombay Rent Act, Purchase of Goodwill is Must |
| Thu, 10 Oct 2024 15:06:04 IST |
| Bombay High Court has observed that in order to obtain the benefit under notification issued by the State Government under Section 15(1) of the Bombay Rent Act, 1947, a purchase of goodwill must be involved in continuation of business so that the transfer is not considered as unlawful subletting. |
| ARBITRATION - Delhi High Court: Arbitral Award Set Aside Due to Failure of Arbitrator to Disclose Conflict |
| Thu, 10 Oct 2024 15:05:53 IST |
| Delhi High Court while setting aside the arbitral award due to failure on part of arbitrator to disclose conflict, has held that the duty of arbitrators to disclose conflicts under Section 12 of Arbitration and Conciliation Act, 1996 is mandatory and such disclosure must be in writing. |
| CIVIL - BCI Writes Letter to CJI Suggesting Regular Evaluation of Mental Health of Judicial Officers |
| Thu, 10 Oct 2024 15:05:42 IST |
| Bar Council of India (BCI) has written a letter to CJI suggesting regular evaluation of mental health of judicial officers so that early signs of burnout, stress, or other issues can be identified that could affect their conduct in court. |
| ELECTION - Delhi HC: Counting of Votes for DUSU Elections to be Allowed Once Defacement Cleaned Up |
| Wed, 09 Oct 2024 15:12:04 IST |
| Delhi High Court has stated that counting of votes for the ongoing Delhi University Students' Union (DUSU) elections shall be allowed only after the defacement of public property done by the candidates is cleaned up. |
| TRUSTS & SOCIETIES - Bom. HC: Sai Baba Sansthan Trust Eligible for Exemption on Income Tax for Anonymous Donations |
| Wed, 09 Oct 2024 15:11:53 IST |
| Bombay High Court while upholding the order by ITAT, has affirmed that Shri Sai Baba Sansthan Trust situated in Shirdi is eligible for exemption from income tax on anonymous donations as it is a charitable as well as a religious organization. |
| CRIMINAL - Madras HC: To Invoke PMLA, Mere Possession of Proceeds of Crime Sufficient |
| Wed, 09 Oct 2024 15:11:43 IST |
| Mad HC has held that mere possession of proceeds of crime would be sufficient to invoke provisions of PMLA. Using proceeds of crime by itself is an offence. Since scope of Section 3 is wide enough, HC cannot restrict its meaning so as to restrain the Authorities from invoking the provisions of PMLA. |
| CIVIL - Gujarat HC: Officials Commuting to Court on Two-Wheelers Required to Wear Helmets |
| Wed, 09 Oct 2024 15:11:32 IST |
| Gujarat High Court has issued a circular stating that the officers and staff members who are commuting to the High Court on a two wheeler as rider and/or pillion rider shall not be permitted to enter into the premises of the High Court from any/all of the entry gates, without wearing a Helmet. |
| LAW OF MEDICINE - Bom. HC Criticizes Maharashtra Govt. for Opposing Termination of Pregnancy of Unmarried Woman |
| Tue, 08 Oct 2024 10:40:20 IST |
| Bombay High Court has criticized the Maharashtra Government for opposing medical termination of pregnancy of an 'unmarried' woman on the ground that the woman does not fit the criteria for undergoing an abortion i.e., she is neither a widow nor a divorcee. |
| SERVICE - Calcutta HC: No Criminal Breach of Trust for Non-Payment of Outstanding Dues Towards Salary |
| Tue, 08 Oct 2024 10:40:10 IST |
| Calcutta High Court has held that non-payment of outstanding dues towards outstanding salary or performance bonus by the company does not amount to criminal breach of trust. |
| CRIMINAL - Gau. HC Issues Guidelines Regarding Release of Seized Money in Cyber Frauds or Crimes |
| Tue, 08 Oct 2024 10:39:58 IST |
| Gau. HC has issued guidelines directing Trial Courts not to insist on registration of FIRs in matters already registered on NCRP on cyber frauds / crimes and dispose of such matters for releasing frozen / blocked money to victims on the basis of police report regarding authenticity of money seized. |
| SERVICE - MP HC: Discretion of Appointing Authority to Appoint a Person Involved in Offence of Moral Turpitude |
| Tue, 08 Oct 2024 10:39:47 IST |
| MP HC has stated that it is the entire discretion of the appointing authority to appoint or not to appoint a person who is involved in an offence involving moral turpitude even if that person is acquitted giving him benefit of doubt etc., it would not automatically entitle him for the employment. |
| SERVICE - MP HC: Can't Subject Transfer Order to Judicial Review Unless Found to be Influenced by Malafide |
| Tue, 08 Oct 2024 10:39:36 IST |
| MP HC has observed that it is well settled in law that an employer is the best judge to organize its work force and it is also well settled in law that a transfer order cannot be subjected to judicial review unless and until same is found to be influenced by malafide or arbitrary exercise of powers. |
| CRIMINAL - Gauhati High Court Issues Guidelines for Acceptance of Final Report Form by Courts |
| Tue, 08 Oct 2024 10:39:25 IST |
| Gauhati HC has issued guidelines directing Courts that charge sheets or final reports shall be accepted without insisting for original case diaries and that Courts shall ensure that provisions of Section 173 CrPC or 193(6) BNSS and 193(8) BNSS are strictly complied with by the investigating officer. |
| SERVICE - Ori. HC: Fact-Finding Inquiry Makes it Permissible to Not Give Opportunity of Hearing to Employee |
| Tue, 08 Oct 2024 10:39:08 IST |
| Ori. HC while differentiating between fact finding inquiry & disciplinary inquiry, has held that the very nature of fact-finding inquiry makes it permissible to be held ex-parte and even without granting any opportunity of hearing to the employee, which is imperative only in a disciplinary inquiry. |
| SERVICE - SC: Preparation of Final Select List Signals Conclusion of the Appointment Process |
| Mon, 07 Oct 2024 11:06:00 IST |
| Supreme Court has stated that the preparation of the final select list signals the conclusion of the appointment process and scrapping the entire process to undertake a fresh appointment process is impermissible and deprives the candidates of their legitimate right of consideration. |
| CRIMINAL - SC: Can't Deny Suspension of Sentence to Accused Only Because Another Trial is Pending |
| Mon, 07 Oct 2024 11:05:48 IST |
| Supreme Court has observed that mere pendency of the other trial where the appellant is an accused cannot be regarded as sufficient for denying him the benefit of suspension of sentence in the present case. |
| CRIMINAL - SC: HCs Passing Orders Directing Disposal of Trials Within a Time Schedule is Contrary to Law |
| Mon, 07 Oct 2024 11:05:38 IST |
| SC has held that while rejecting bail applications, the HCs are passing orders directing disposal of trials within a time schedule. Apart from the fact that such directions are contrary to the law such orders put undue pressure on the Trial Courts which are already flooded with a lot of work. |
| COMMERCIAL - SC: Government Bodies Expected to Uphold Fairness & Equality While Dealing With Contractual Matters |
| Mon, 07 Oct 2024 11:05:26 IST |
| SC has stated that Govt. bodies are expected to uphold fairness, equality & public interest while dealing with contractual matters. Right to equality under Article 14 abhors arbitrariness. Public authorities have to ensure that no bias, favouritism or arbitrariness are shown during bidding process. |
| CIVIL - SC: Can't Fix Time-Line for Disposal of Execution Matter as Judges of Bombay HC are Overburdened |
| Mon, 07 Oct 2024 11:05:15 IST |
| Supreme Court has observed that, considering the fact that the judges of the Bombay High Court are overburdened direction to fix a time-line for disposal of an execution matter cannot be issued especially when there may be older execution applications which are pending. |
| LAW OF MEDICINE - Del HC: No Prohibition Against Posthumous Reproduction if Consent of Sperm or Egg Owner Demonstrated |
| Mon, 07 Oct 2024 11:05:04 IST |
| Delhi High Court has opined that under the prevailing Indian law, there is no prohibition against posthumous reproduction if the consent of the sperm owner or egg owner can be demonstrated. |
| CIVIL - Delhi High Court: Centre Directed to constitute a "National Rare Diseases Fund" |
| Mon, 07 Oct 2024 11:04:54 IST |
| Del HC while directing the Central Government to constitute a "national rare diseases fund", has made it mandatory to hold a monthly meeting between the Ministry of Health and Centers of Excellence & National Rare Disease Committee (NRDC) to monitor the disbursement of funds and identify any delays. |
| CONSTITUTION - SC: Tendency to Treat Members of Denotified Tribes as Habitual to Crime Reinforces a Stereotype |
| Fri, 04 Oct 2024 11:06:43 IST |
| SC has stated that the tendency to treat members of denotified tribes as habitual to crime reinforces a stereotype, which excludes them from meaningful participation in social life. When such stereotypes become a part of the legal framework, they legitimize discrimination against these communities. |
| CRIMINAL - SC: Criminal Cases Having Civil Character Should be Quashed When Parties Resolved Disputes |
| Fri, 04 Oct 2024 11:06:30 IST |
| SC has stated that criminal cases having overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves. |
| EDUCATION - Supreme Court Strikes Down Khalsa University (Repeal) Act, 2017 |
| Fri, 04 Oct 2024 11:06:19 IST |
| SC has struck down Khalsa University (Repeal) Act, 2017 and observed that it is a settled position of law that though a legislation affecting a single entity, undertaking or person would be permissible in law, it must be on basis of reasonable classification having nexus with object to be achieved. |
| DIRECT TAXATION - SC Sets Aside Judgements Holding that TOLA Won't Extend Time for Issuing Notices for Re-Assessment |
| Fri, 04 Oct 2024 11:06:08 IST |
| Supreme Court has set aside judgements of High Courts which held that time limit for issuing notices for re-assessment under the Income Tax Act, 1961 will not be extended by Taxation and Other Laws (Relaxation and Amendment of Certain Provisions Act) (TOLA) 2021. |
| GOODS AND SERVICES TAX - SC: If Construction of Building Essential for Carrying Supplying Services, it Can be Held as a Plant |
| Fri, 04 Oct 2024 11:05:58 IST |
| SC has held that if construction of a building was essential for carrying out activity of supplying services such as renting or lease or other transactions in respect of the buildings which are covered by clauses 2 and 5 of the Schedule 2 of the CGST Act, 2017 the building could be held as a plant. |
| CIVIL - Ker. HC: The Term 'Dumb' Now Considered as Ethically and Technically Inaccurate |
| Fri, 04 Oct 2024 11:05:47 IST |
| Kerala High Court has stated that in later years "dumb" came to mean silent, but remained offensive because it also connotes cognitive disablement. The terms are ethically and technically inaccurate and now recognised internationally to be offensive, particularly by the community. |
| CRIMINAL - Mad. HC: Can Attach Properties Purchased Prior to Offence if Criminal Activity Held Outside Country |
| Fri, 04 Oct 2024 11:05:36 IST |
| Madras High Court has observed that in respect of properties purchased prior to scheduled offence under the Prevention of Money Laundering Act, 2002 such properties can be attached if criminal activity relating to scheduled offence is taken or held outside country. |
| MOTOR VEHICLES - SC Suggests Sates that State Transport Corporations Avail Third-Party Insurance |
| Thu, 03 Oct 2024 10:54:18 IST |
| Supreme Court while hearing a petition over issues related to motor vehicle claims, has suggested State Governments that for timely payment of compensation to victims of accidents, it is better that State Transport Corporations avail third-party insurance. |
| CIVIL - Supreme Court: Judgement Signed and Uploaded after Judge's Retirement, Set Aside |
| Thu, 03 Oct 2024 10:54:08 IST |
| Supreme Court while setting aside Madras High Court's judgement signed and uploaded after the retirement of the judge, has restored the quashing petition related to a corruption case. |
| SERVICE - SC: Government Order Modifying Previous Order Would be Applicable Prospectively |
| Thu, 03 Oct 2024 10:53:58 IST |
| SC has observed that if a subsequent Govt. Order is a modification of the earlier Govt. Order, its application would be prospective as retrospective application thereof would result in withdrawal of vested rights which is impermissible in law and the same may also entail recoveries to be made. |
| CRIMINAL - SC: Can't Allow Further Investigation When Application Filed Without Fresh Material |
| Thu, 03 Oct 2024 10:53:47 IST |
| SC has stated that an application for further investigation cannot be permitted to do a fishing and roving enquiry when the police had already filed a charge-sheet and the applicant has not whispered about anything new in evidence as is now sought to be averred in the application. |
| LIMITATION - All. HC: No Power to HC for Extension of Limitation Period in Filing Election Petition |
| Thu, 03 Oct 2024 10:53:36 IST |
| Allahabad High Court has observed that under the Representation of the People Act, 1951 Courts do not have the power to extend the period of limitation or condone delay in filing election petition. |
| ARBITRATION - All. HC: Application u/s 34 Can't be Dismissed for Non-Filing of Certified Copy if Explanation Given |
| Thu, 03 Oct 2024 10:53:25 IST |
| All. HC has observed that in an application under Section 34 of Arbitration and Conciliation Act, 1996, signed copy of award given by arbitrator must be annexed. If, for any reason the same cannot be filed, filing of the copy of the award along with an explanation, would be an appropriate exercise. |
| ARBITRATION - Cal. HC: 90 Day Timeline for Completion of Arbitral Proceedings Under MSME Act is Directory |
| Thu, 03 Oct 2024 10:53:13 IST |
| Cal. HC has held that under Section 18(5) of MSME Act, the ninety day timeline given for completion of arbitral proceeding is directory, not mandatory. Hence, even if the timeline is exceeded, there is no sanction either to terminate the mandate or to affect validity of the mandate even thereafter. |
| CONSTITUTION - Raj. HC: Protecting Children's Right is Not Just a Legal Obligation, It's a Moral Imperative |
| Thu, 03 Oct 2024 10:53:01 IST |
| Rajasthan High Court has observed that protecting children's right is not just a legal obligation, it's a moral imperative that directly impacts the future of our society. The right of protection includes freedom from all forms of exploitation, violence, abuse and inhumane or degrading treatment. |
| EDUCATION - Supreme Court Refuses to Entertain Plea Petition Challenging Fee Hike by Dental College |
| Tue, 01 Oct 2024 10:36:06 IST |
| Supreme Court while refusing to entertain a petition challenging fee hike for MDS Course by the Goa Dental College, has stated that these are very prestigious seats and Rs. 48,000 for Government college, dental seat is not a disproportionate amount. |
| SERVICE - Supreme Court Expresses Concern Over Finance Ministry Treating DRT as its Subordinate |
| Tue, 01 Oct 2024 10:35:55 IST |
| SC while expressing concern over a report revealing that DRT was being treated as subordinate dept. of Ministry of Finance, has observed that only because of requisitions by Ministry that instead of assisting PO of DRT in performing judicial duties the staff members remained busy in data collection. |
| EDUCATION - SC Grants Relief to Dalit Student Who Lost Admission Due to Late Payment of Online Admission Fees |
| Tue, 01 Oct 2024 10:35:43 IST |
| Supreme Court while granting relief to a Dalit student who lost admission due to late payment of online admission fees, has directed that the student be granted admission to the seat allotted to him at IIT Dhanbad. |
| CRIMINAL - Delhi High Court: Fact of Being Elderly or Infirm Doesn't Entitle Person to Pre-Arrest Bail |
| Tue, 01 Oct 2024 10:35:27 IST |
| Delhi High Court has stated that in cases, where the accused is alleged to be directly involved in the incessant demands of dowry and harassment of the deceased, the mere fact of being an elderly woman or infirm does not automatically entitle her to pre-arrest bail. |
| SERVICE - Supreme Court: Can't Expect Judges to Work Without Salary |
| Tue, 01 Oct 2024 10:35:16 IST |
| Supreme Court while directing the State of Bihar to release the salary of a Patna High Court judge, has stated that no judge should be expected to work without a salary. |
| SERVICE - Supreme Court: Judges Appointed for Tribunal Positions Need to be Treated with Dignity |
| Mon, 30 Sep 2024 11:02:00 IST |
| Supreme Court while hearing a matter on the salaries of retired judges appointed for positions in the state tribunals and commissions has stated that dignity of the former High Court Judges needs to be maintained when they are appointed to State Tribunals. |
| CIVIL - SC: Allahabad HC's Observation on Religious Conversions Not to be Cited in Other Cases |
| Mon, 30 Sep 2024 11:01:49 IST |
| Supreme Court while expressing disapproval of observation made by Allahabad High Court that "if conversions in religious congregations were not stopped, India's majority population would become minority", has stated that this observation shall not be cited in any other case/proceeding. |
| ARBITRATION - SC: Can't Set Aside Arbitral Award Only Because Appellate Court's View is a Better View |
| Mon, 30 Sep 2024 11:01:38 IST |
| Supreme Court has observed that merely for the reason that the view of the Appellate Court is a better view than the one taken by the arbitral tribunal, is no ground to set aside the award. The view taken by the arbitrator is normally acceptable and ought to be allowed to prevail. |
| COMPANY - SC: Certified Copy Submitted Free of Cost to be Treated as Certified Copy for Purpose of Rule 50 |
| Mon, 30 Sep 2024 11:01:27 IST |
| Supreme Court has held that both the certified copy submitted free of cost as well as the certified copy which is made available on payment of cost are treated as "certified copies" for the purpose of Rule 50 of the National Company Law Tribunal Rules 2016. |
| CRIMINAL - Karnataka High Court: 'Opportunity of Being Heard' Not an Empty Formality |
| Mon, 30 Sep 2024 11:01:16 IST |
| Karnataka High Court has stated that, in terms of Section 223 of BNSS the magistrate has to issue a notice to the accused who is given an opportunity of being heard which is not an empty formality and after hearing the accused, take cognizance and regulate the procedure thereafter. |
| CRIMINAL - Allahabad High Court: Accused Cannot be Kept Indefinitely in Jail |
| Mon, 30 Sep 2024 11:01:03 IST |
| Allahabad High Court while expressing concern over Prosecution's non-production of witnesses, has viewed that a person cannot be detained for indefinite period if the prosecution is not taking interest and making sincere effort to produce the prosecution witnesses before the Trial Court. |
| CRIMINAL - Tel. HC: Perceived Statutory Bar on Filing Appeal Beyond 90 Days May be Described as 'Justice Bar' |
| Mon, 30 Sep 2024 11:00:52 IST |
| Tel. HC has observed that the perceived statutory bar against extension of timelines as contained in Section 21(5) of the NIA Act, 2008 on filing an appeal, beyond 90 days from the date of the judgment/order, may be described as a "Justice Bar" to filing of Appeals beyond the statutory window. |
| ARBITRATION - Calcutta High Court: Granting Pre-Award Interest is Against Law |
| Mon, 30 Sep 2024 11:00:41 IST |
| Calcutta High Court has observed that interest is payable post assessment. Any interest given for the period prior the date of award is against law and patently illegal. |
| CUSTOMS - Patna HC: Not Disclosing Reasons for Confiscating Goods is Violative of Article 14 of COI |
| Fri, 27 Sep 2024 10:48:45 IST |
| Patna High Court has observed that an officer confiscating goods without giving strong and compelling reasons for such confiscation shall render the order of attachment illegal and would be violative of Article 14 of COI. |
| CRIMINAL - SC: Cases of Clean Acquittal of Accused May Give Rise to a Claim for Compensation |
| Fri, 27 Sep 2024 10:48:35 IST |
| Supreme Court has observed that in cases of clean acquittal, crucial years in the life of the accused are lost. In a given case, it may amount to violation of rights of the accused under Article 21 of the Constitution of India which may give rise to a claim for compensation. |
| CRIMINAL - Delhi HC Withdraws Rule Restricting Censure of Police Officers by Judicial Officers |
| Fri, 27 Sep 2024 10:48:24 IST |
| Delhi High Court has informed the Supreme Court that it has withdrawn the rule under "Rules for Practice in the Trial of Criminal Cases" that restricted judicial censure of police officers. |
| CIVIL - Supreme Court Asks IT Department, CBDT to Upgrade its Software |
| Fri, 27 Sep 2024 10:48:13 IST |
| Supreme Court while hearing an appeal on imposition of surcharge due to an error in the Central Processing Centre of Revenue, has observed that the technological impediment cannot be a reason for harassing an assessee year after year and immediate steps must be taken to upgrade the software. |
| CRIMINAL - SC: Relevant to Examine Whether Accused is Aware of Ingredients of Offence for Which He Is Convicted |
| Fri, 27 Sep 2024 10:48:03 IST |
| SC has observed that law is well-settled that in order to judge whether a failure of justice has been occasioned, it will be relevant to examine whether the accused was aware of the basic ingredients of the offence for which he is being convicted. |
| CYBER LAWS - Bom. HC: Division Bench Declares Amendment to IT Rules, 2021 as Unconstitutional |
| Fri, 27 Sep 2024 10:47:51 IST |
| Division Bench of Bombay High Court while allowing the appeals against amendments to IT Rules, 2021, has struck down the amendment that allowed Central Government to establish Fact Check Units (FCU) for identification of fake and false news. |
| ELECTION - SC: There Should be Reservation for Women in posts of Delhi High Court Bar Association |
| Fri, 27 Sep 2024 10:47:14 IST |
| Supreme Court has directed that there should be reservation for women in posts of Delhi High Court Bar Association. The Court further directed that out of 10 Executive Committee members, there should be atleast three women members. |
| DIRECT TAXATION - Cal HC: Enterprise Contracting with Govt Recognised Concessionaire Can be Granted Benefit of S. 80IA |
| Fri, 27 Sep 2024 10:47:03 IST |
| Calcutta High Court has held that benefit of deduction under Section 80IA(4) of the Income Tax Act, 1961 can be granted to an enterprise contracting with the assignee of a government recognised concessionaire for infrastructural facility. |
| CIVIL - SC: Courts Should Avoid Making Comments Which May be Construed as Being Misogynistic or Prejudicial |
| Thu, 26 Sep 2024 11:06:34 IST |
| SC while hearing a matter relating to controversial comments made by a judge of Karnataka High Court, has stated that Courts have to be careful not to make comments in the course of judicial proceedings which may be construed as being misogynistic or prejudicial to any segment of our society. |
| SERVICE - SC: Pending Investigation & Grant of Prosecution Sanction Not Enough to Adopt Sealed Cover Procedure |
| Thu, 26 Sep 2024 11:06:20 IST |
| SC has stated that in disciplinary/criminal proceedings against an employee, sealed cover procedure is to be resorted to only after issuance of charge-memo/charge-sheet is issued. Pending investigation & grant of prosecution sanction won't be sufficient to enable authorities to adopt the procedure. |
| ARBITRATION - Del. HC: Arbitral Tribunal Should Not Insist on Production of Document Classified as 'Top Secret' |
| Thu, 26 Sep 2024 11:06:10 IST |
| Del. HC has stated that if any information is stated to be protected and classified as 'Top Secret' under the Official Secrets Act, 1923 by Government of India and directly relates to defence of India, the Arbitral Tribunal should not insist on production of such document. |
| CIVIL - Orissa HC: Counter Affidavit Should Not be Made Bulky and Lengthy by Quoting Decisions of this Court |
| Thu, 26 Sep 2024 11:05:58 IST |
| Ori. HC has issued a standing order which states that there is a tendency to plead law in counter affidavits & to quote decisions of this Court. It is elementary that law need not be pleaded in pleadings. Counter Affidavit should not be made bulky and lengthy by quoting decisions of this Court. |
| CRIMINAL - Gauhati High Court Upholds POCSO Conviction Even in Absence of Medical Evidence |
| Thu, 26 Sep 2024 11:05:47 IST |
| Gau. HC has upheld the conviction of an accused under POCSO Act, 2012 on the ground that the testimony of the victim girl before the Trial Court, which has been corroborated by her statement recorded under Section 164 Cr.P.C is trustworthy, even though there was absence of a proper medical report. |
| CRIMINAL - Allahabad High Court: Once a Special Act Holds the Field, Provisions of General Law Would Not Apply |
| Thu, 26 Sep 2024 11:05:30 IST |
| All. HC has held that the Securities and Exchange Board of India Act, 1992 is a Special Act, which shall prevail over the general act, such as IPC, 1860 or CrPC, 1973. It is settled position of law that once a special Act holds the field, the provisions of general law would not apply. |