| CRIMINAL - SC: In Absence of Special Court for UAPA Cases, Sessions Court Will Have Jurisdiction to Try them |
| Fri, 19 Apr 2024 15:26:23 IST |
| Supreme Court has held that the Court of Sessions will have the jurisdiction to try offences punishable under the Unlawful Activities (Prevention) Act, 1967 (UAPA) in the absence of a special court designated by the State Government. |
| CRIMINAL - Raj HC: Cognizance Can be Taken by Sessions Court Against Accused Who Haven't Yet Been Chargesheeted |
| Fri, 19 Apr 2024 15:26:11 IST |
| Rajasthan High Court has held that the Court of Sessions is empowered to take cognizance against those accused persons under Section 193 Code of Criminal Procedure, 1973 who have been left by the police and who have not been arrayed as an accused by Investigating Agency with the charge-sheet. |
| ARBITRATION - Cal. HC: To Prevent Arbitral Awards from Becoming Meaningless They Should be Made Real |
| Fri, 19 Apr 2024 15:26:00 IST |
| Calcutta High Court while hearing an application under Section 9 of the Arbitration and Conciliation Act, 1996, has held that serious attempts must be made by Courts to ensure that arbitral awards are enforced and are not rendered illusory or meaningless. |
| DIRECT TAXATION - Del. HC Directs Dept. to Remove Demands From ITBA Portal as it Fails to Comply with ITAT's Order |
| Fri, 19 Apr 2024 15:25:48 IST |
| Delhi HC has directed the Income-tax Department to remove the demands & penalty imposed upon the Assessee from ITBA portal, refund the amount lying with it and release its properties as Department has failed to comply with ITAT's Order in passing a fresh assessment order within the stipulated time. |
| SERVICE - SC: Employee Getting Terminated Without Disciplinary Enquiry Violates Principles of Natural Justice |
| Fri, 19 Apr 2024 11:43:09 IST |
| Supreme Court while reinstating the Registrar at GB Pant Institute of Engineering and Technology, has held that termination of services of an employee without holding disciplinary enquiry is unjustified and dehors the requirements of law and is in gross violation of principles of natural justice. |
| INSOLVENCY - Del HC: Invoking Penalty Proc. Based on NFAC's Own Failure to Lodge Claim Can't be Sustained by them |
| Fri, 19 Apr 2024 11:42:57 IST |
| Delhi High Court has held that invocation of penalty proceedings that are based on the National Faceless Assessment Centre's (NFAC) own failure to lodge a claim on time under the Insolvency and Bankruptcy Code, 2016 (IBC) cannot be sustained by them. |
| CIVIL - Del HC: Delhi Govt. Directed to Implement Immediate Measures to Optimize Med. Resources in Hospitals |
| Fri, 19 Apr 2024 11:42:46 IST |
| Delhi High Court has issued directions to the Secretary and Principal Health Secretary of the Delhi Government to implement immediate measures to be taken in various government hospitals for optimization of existing medical resources, within a period of thirty days. |
| GOODS AND SERVICES TAX - Mad. HC: Can't Absolve Assessee of Responsibility as Registered Person to Monitor GST Portal |
| Fri, 19 Apr 2024 11:42:34 IST |
| Madras High Court has held that an assessee cannot be absolved of the responsibility as a registered person on the Goods and Service Tax portal. |
| CIVIL - Del. HC: Central Govt.'s Circular Banning Sale and Breeding of 'Dangerous & Ferocious Dogs' Quashed |
| Thu, 18 Apr 2024 14:57:12 IST |
| Delhi High Court has quashed the circular dated 12th March 2024 issued by the Union Ministry of Fisheries, Animal Husbandry and Dairying, Department of Animal Husbandry and Dairying, that banned the import, breeding and selling of several "dangerous and ferocious" dog breeds. |
| CIVIL - Calcutta High Court: Notice Preventing Forest Dwellers from Entering Forest Lands Set Aside |
| Thu, 18 Apr 2024 14:57:00 IST |
| Cal HC set aside the notice ousting forest dwellers from their forest dwellings and held that since no process of recognition of rights given in Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2007 has been initiated, the notice issued lacks jurisdiction. |
| MOTOR VEHICLES - Mad. HC: Merely Smelling Alcohol in Breath Not Sufficient Ground to Attribute Contributory Negligence |
| Thu, 18 Apr 2024 14:56:48 IST |
| Madras High Court has observed that to attract contributory negligence in motor vehicle accident cases, merely smelling alcohol in the breath of a person is not sufficient ground and that hospitals need to assess the level of alcohol in the blood when the person is brought to the hospital. |
| TRUSTS AND SOCIETIES - Madras High Court Refuses to Entertain Plea Challenging Handing Over of Sceptre to Widow |
| Thu, 18 Apr 2024 14:56:36 IST |
| Mad HC has observed that the objection to handing over Sceptre to a woman/widowed woman prima facie is an affront to equality guaranteed under the Constitution of India. Even if sanctions were operating in ancient times, such prejudices practiced in antiquity, have to give way in these modern times. |
| BANKING - Del. HC: Proceed. Under SARFAESI Act and RDDB Act Can Continue Parallelly as They are Complimentary |
| Thu, 18 Apr 2024 11:23:08 IST |
| Delhi HC has held that proceedings under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002(SARFESI) and Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (RDDB) are complimentary to each other hence they can continue parallelly. |
| INTELLECTUAL PROPERTY RIGHTS - Bom. HC: Trampoline Park in Lonavla Restrained from Using Trademark or Character of Mr. Bean |
| Thu, 18 Apr 2024 11:22:51 IST |
| Bom HC has restrained a trampoline park in Lonavla from using trademark or character of series Mr. Bean and has observed that it is a case of false endorsement where impression given to consumers is that trampoline park is authorized or is a park of Plaintiff's well-known registered trademark. |
| ARBITRATION - Allahabad HC: In Execution Proceedings, Challenge Cannot be Made to Arbitral Award u/s 47 of CPC |
| Thu, 18 Apr 2024 11:22:38 IST |
| All. HC has held that in execution proceedings under Section 36 of Arbitration and Conciliation Act, 1996, questions to be decided are limited to matter related to execution of decree and Court cannot go into validity of decree under Section 47 of Code of Civil Procedure, 1908 at stage of execution. |
| CIVIL - Ori. HC: Proper Infrastructure and Manpower Must be Provided by State to Forensic Labs |
| Thu, 18 Apr 2024 11:22:23 IST |
| Orissa High Court while explaining the importance of receiving chemical examination reports on time in criminal cases has observed that the State should ensure that proper manpower and infrastructure is provided to Forensic Science Laboratories for them to work effectively. |
| ELECTION - Mad. HC: Basic Structure of Consti. & Democracy Demolishes When Electors Gratified During Election |
| Thu, 18 Apr 2024 11:22:07 IST |
| Mad. HC has observed that gratifications made to electors in various forms demolish basic structure of constitution and democracy but since legislature has not treated this offence proportionate to its gravity, resultantly the practice has not decreased and cases reported increase in every election. |
| CRIMINAL - Delhi HC: Woman Cannot be Held Liable for Her Lover Committing Suicide Due to Love Failure |
| Wed, 17 Apr 2024 15:02:49 IST |
| Delhi High Court has held that if a lover commits suicide due to love failure, the woman cannot be held to have abetted the commission of suicide. For the wrong decision taken by a man of weak or frail mentality, another person cannot be blamed for having abetted his committing suicide. |
| EDUCATION - Concerns About Rise in Low-Quality Law Colleges Raised by Bar Council of India |
| Wed, 17 Apr 2024 15:02:38 IST |
| Bar Council of India while raising concern regarding the increase in the number of substandard law colleges in India has suggested thorough inspection before granting No Objection Certificates (NOCs) and has issued guidelines for the same. |
| LABOUR AND INDUSTRIAL - Cal. HC: WB Government Directed to Finalise Minimum Wage of Tea Plantation Workers Within Six Weeks |
| Wed, 17 Apr 2024 15:02:25 IST |
| Calcutta High Court has directed the State of West Bengal to decide the issue of minimum wages of tea plantation workers under the Minimum Wages Act, 1948, within a period of six weeks. |
| CRIMINAL - All. HC: Medical Report Determining Age of Victim in POCSO Cases to be Submitted to Court Promptly |
| Wed, 17 Apr 2024 15:02:13 IST |
| Allahabad High Court has held that in cases under the Protection of Children from Sexual Offences Act, 2012, it should be ensured by police authorities/investigating officers that a medical report determining the age of the victim is submitted to the Court without any delay. |
| ELECTION - Supreme Court in Plea for 100% EVM-VVPAT Verification: Human Interference to Create Problems |
| Wed, 17 Apr 2024 10:58:01 IST |
| SC while hearing petitions seeking complete verification of Electronic Voting Machine (EVM) against Voter-Verifiable Paper Audit Trail (VVPAT) has stated that human intervention is going to create problems. Machines normally, without human intervention, will work properly and give accurate results. |
| SERVICE - Appointment of Technical Assistants as Assistant Engineers in Tamil Nadu PWD Upheld by Supreme Court |
| Wed, 17 Apr 2024 10:57:49 IST |
| Supreme Court while upholding the Tamil Nadu Government's decision of appointing Technical Assistants as Assistant Engineers in Public Works Department (PWD), has expressed displeasure over attempt of the Association of Engineers in Tamil Nadu to grab all posts of Assistant Engineers in the State. |
| CIVIL - Committee to Examine Issues Relating to Queer Community Constituted by Central Government |
| Wed, 17 Apr 2024 10:57:38 IST |
| Central Government on direction by the Supreme Court in Supriyo and Ors vs. Union of India (MANU/SC/1155/2023; 2023/INSC/920) has constituted a committee comprising of six members to examine various issues relating to the queer community. |
| CRIMINAL - Karnataka High Court: Accused can't be Morally Convicted by Trial Court in Absence of Legal Proof |
| Wed, 17 Apr 2024 10:57:27 IST |
| Karnataka High Court while setting aside the conviction of life sentence imposed on accused, has observed that since the prosecution failed to establish its case beyond a reasonable doubt, it appears that the trial court has morally convicted the accused in the absence of legal proof. |
| SERVICE - Supreme Court: Regulations of University Grants Commission are Binding on Universities |
| Tue, 16 Apr 2024 15:09:04 IST |
| Supreme Court while directing Jamia Milia Islamia University to reinstate teachers on a permanent basis even after University Grants Commission's letter, has held that University Grants Commission Regulations though a subordinate legislation have a binding effect on universities to which it applies. |
| CIVIL - Supreme Court: Enable E-Filing & Virtual Appearance Facilities At UP District Courts |
| Tue, 16 Apr 2024 15:08:52 IST |
| Supreme Court has asked the Registrar General of the Allahabad High Court that e-filing facility must be enabled at the e-Sewa Kendras of the District Courts of Uttar Pradesh along with the facility of e-affidavit. The litigant/lawyer must appear 'in person' at the e-Sewa Kendra for e-filing. |
| CRIMINAL - Bom HC: Person Cannot be Deprived of Right to Sleep by Recording Statements at Unearthly Hours |
| Tue, 16 Apr 2024 15:08:40 IST |
| Bom. HC while observing that recording of statement, at unearthly hours, results in deprivation of a person's sleep, a basic human right of an individual, has directed the Enforcement Directorate to issue circular/directions, as to the timings, for recording of statements. |
| LAW OF EVIDENCE - Supreme Court: Actual Statement Made by Person in the Court is Evidence Before Court |
| Tue, 16 Apr 2024 11:01:32 IST |
| Supreme Court has observed that a statement made by a person in the Court itself is to be considered as evidence before the Court and not the statement that has been recorded under Section 50 of the Prevention of Money Laundering Act (PMLA), 2002. |
| CRIMINAL - Del. HC: False Accusation of Child Abuse More Painful than Rigours of Trial and Imprisonment |
| Tue, 16 Apr 2024 11:01:21 IST |
| Delhi High Court while acquitting a man in a case under Protection of Children from Sexual Offences Act, 2012 has observed that a child abuser in the eventuality of false implication even continues to suffer a blot of social stigma which is much more painful than rigours of trial and imprisonment. |
| CIVIL - Bom. HC: All Necessary Measures to be Taken to Prevent Law & Order Breach During Ram Navami Rally |
| Tue, 16 Apr 2024 11:01:10 IST |
| Bombay High Court has directed Maharashtra police to take all the actions that are necessary to avoid violation of law and order during the upcoming Ram Navami rally in Mumbai's Malwani area. |
| DIRECT TAXATION - Ker. HC: Assessment Order Quashed on Finding that Assessee Not Provided Effective Hearing |
| Tue, 16 Apr 2024 11:00:59 IST |
| Ker. HC quashed an assessment order passed under the Income Tax Act, 1961, and held that since the assessee was not able to log in through link for video conferencing and was prevented an opportunity for an effective hearing, hence order passed was contrary to principles of natural justice. |
| LAW OF EVIDENCE - SC: Evidence by Power of Attorney Holders Can Only be Given of Facts Within Their Personal Knowledge |
| Mon, 15 Apr 2024 15:33:39 IST |
| Supreme Court has observed that deposition can only be given by a power of attorney holder of the facts that are within his personal knowledge and not about the facts that are within the knowledge of the person he is representing. |
| EDUCATION - Delhi High Court: Fundamental to an Individual's Identity to be Identified by One's Name |
| Mon, 15 Apr 2024 15:33:29 IST |
| Delhi High Court while dealing with a plea to direct CBSE to change the student's father's name in Class X and XII Marksheets, has observed that an individual's name is an identity marker and the right to be identified by one's name is fundamental to one's identity. |
| ARBITRATION - Delhi High Court: Compensation Can be Awarded on Guesswork When it is Difficult to Prove Loss |
| Mon, 15 Apr 2024 15:33:19 IST |
| Delhi High Court has held that authority has been bestowed upon the arbitrator to award compensation on the basis of guesswork or rough and ready method when the loss suffered by the aggrieved party is difficult to prove. |
| CRIMINAL - Bombay HC: Court Setting Aside Magistrate's Order for Police Investi. Won't Lead to Quashing of FIR |
| Mon, 15 Apr 2024 15:33:08 IST |
| Bombay High Court has held that if a revision court sets aside a Magistrate's order to conduct a police investigation in a cognizable offence under Section 156(3) of the Code of Criminal Procedure, 1973 then it does not result in quashing of First Information Report (FIR). |
| MEDIA AND COMMUNICATION - Ker. HC: Directions to Centre to Desist Telecasting Shows Found Violative of Broadcasting Regulations |
| Mon, 15 Apr 2024 15:32:57 IST |
| Kerala High Court while addressing violations of broadcasting regulations and advisories in connection with telecasting Big Boss Malayalam, has directed the Union Government to desist telecasting shows if they are found violating broadcasting regulations and advisories. |
| BANKING - Allahabad High Court: Can't Decide Jurisdiction of DRTs Solely on the Basis of Location of Asset |
| Mon, 15 Apr 2024 15:32:47 IST |
| Allahabad High Court has held that for entertaining application under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, the jurisdiction of Debt Recovery Tribunals (DRTs) cannot solely be based on the location of the asset. |
| ARBITRATION - Madhya Pradesh HC: If Efficacious Remedy Available Before Arbitrator Writ Will Not be Maintainable |
| Mon, 15 Apr 2024 15:32:33 IST |
| Madhya Pradesh High Court has held that if an efficacious contractual remedy is available before the Arbitrator then the writ petition will not be entertained. |
| PROPERTY - SC: When there is Alternative Way to Access Property, Claimant Cannot Claim Easement by Necessity |
| Mon, 15 Apr 2024 11:27:38 IST |
| Supreme Court has held that a claimant of an easementary right over a dominant heritage would not be entitled to claim an easementary right by necessity for enjoying such property when an alternative way to access it is available. |
| INSURANCE - Supreme Court: Burden to Prove that Insured Suppressed Material Facts is Upon the Insurer |
| Mon, 15 Apr 2024 11:27:27 IST |
| Supreme Court has held that if the insurance company repudiates the insurance claim on the ground that the insured had suppressed other policies taken by him, then it is incumbent on them to prove this fact by leading necessary evidence. |
| DIRECT TAXATION - Del. HC: ITSC Can Only Grant Immunity from Penalty & Prosecution in Case of Full & True Disclosure |
| Mon, 15 Apr 2024 11:27:16 IST |
| Delhi High Court has held that the power to grant immunity from penalty and prosecution is entrusted to the Income Tax Settlement Commission (ITSC) only in cases of full and true disclosure. |
| LABOUR AND INDUSTRIAL - Bom. HC Sets Aside Reinstatement Order of Hindustan Petroleum Workman Who Slapped His Supervisor |
| Mon, 15 Apr 2024 11:27:06 IST |
| Bom. HC set aside decision of the Central Government Industrial Tribunal (CGIT) to reinstate workman who slapped his supervisor and observed that commission of assault on a co-employee is gravest form of misconduct by a workman and view taken by CGIT that act of assault is not serious is startling. |
| EDUCATION - Kerala High Court: Schools Without Playgrounds Should be Closed by Government |
| Mon, 15 Apr 2024 11:26:54 IST |
| Ker. HC has held that if there are no suitable playgrounds for games and sports in schools containing sufficient clear space for extra-curricular activities as provided in the Kerala Education Rules, the government should take stringent action including closure of those schools. |
| ARBITRATION - All. HC: Arbitrator to Decide Whether Claims Prior to Work Order are Covered by Arb. Clause or Not |
| Mon, 15 Apr 2024 11:26:44 IST |
| Allahabad High Court has held that it is upon the arbitrator to decide whether claims between the parties prior to the work order in question can be covered by arbitration clause or not and it is not upon the Court to decide the same under Section 11 of Arbitration and Conciliation Act, 1996. |
| CRIMINAL - SC: To Use Accused's State. on Fact Discovery, Prose. Needs to Establish That No One Knew About it |
| Fri, 12 Apr 2024 15:05:46 IST |
| Supreme Court has held that if the statement of the accused is to be used on discovery of a fact the prosecution will have to establish that, nobody had knowledge about the information before it was given by the accused. |
| FAMILY - Karnataka HC: Can't Direct Husband With 75% Disability to Pay Maintenance to Wife |
| Fri, 12 Apr 2024 15:05:35 IST |
| Karnataka High Court while setting aside an order of the execution court has held that a husband with 75% disability cannot be directed to pay maintenance to the wife as he is no longer an able bodied man to search for employment and pay maintenance to maintain the wife and the child. |
| TENANCY - Kar. HC: NOC from Landlord for Renewing Trade License of Leased Property Can't be Insisted by BBMP |
| Fri, 12 Apr 2024 15:05:24 IST |
| Karnataka High Court has held that Bruhat Bengaluru Mahanagara Palike (BBMP) cannot insist on No Objection Certificate (NOC) from landlord for renewing the trade license of leased property. |
| CONSTITUTION - Supreme Court: Jurisdiction of HC Under Article 226 Explained When Alternate Remedies Available |
| Fri, 12 Apr 2024 11:04:17 IST |
| SC has clarified that the High Court will not entertain a petition under Article 226 of the Constitution of India if an effective alternative remedy is available to aggrieved person or the statute under which action complained of has been taken itself contains a mechanism for redressal of grievance. |
| CIVIL - Delhi High Court Directs Delhi Govt. to Pay Rs. 738 Cr to MCD for Payment of Outstanding Dues |
| Fri, 12 Apr 2024 11:04:05 IST |
| Delhi High Court has directed Government of Delhi to release basic tax assignment installment of Rs. 738 crores to the Municipal Corporation of Delhi (MCD) in order to allow the civic body to pay dues to its former and serving employees. |
| LAW OF MEDICINE - Bom HC: Pre-Condition of Complaint Can't be Insisted by Hospitals to Provide Care to Pregnant Minor |
| Fri, 12 Apr 2024 11:03:53 IST |
| Bombay High Court while directing State Government to provide medical care to a pregnant minor girl who didn't file complaint against her minor partner, has held that hospitals cannot insist upon the condition of registration of police complaint to provide medical treatment. |
| PROPERTY - SC: Successors Cannot Enforce Rights on Property Through a Deed Executed by Person Without Title |
| Thu, 11 Apr 2024 15:37:26 IST |
| Supreme Court has held that if a deed regarding any property has been executed by a person without title, the successors or future owners shall not have any right to claim right over such property through such executed deed. |
| MOTOR VEHICLES - SC: Sale/Gift of Vehicle Shall Not be Invalidated on Mere Failure of Transfer Vehicle Registration |
| Thu, 11 Apr 2024 15:37:15 IST |
| Supreme Court has observed that the sale/gift transaction will not get invalidated merely on the ground that there has been a failure to get a transferred vehicle registered in the name of the new owner. |
| CONTEMPT OF COURT - Del. HC: Man Held Guilty of Contempt for Obtaining Permission to Cut Tree on Basis of Forged Docs. |
| Thu, 11 Apr 2024 15:37:05 IST |
| Delhi HC has held a man guilty of contempt of court in a matter where the man obtained permission for felling of a tree on the basis of forged and fabricated documents despite a judicial order that directed Tree Officer and Deputy Conservator of Forest to ensure that the tree is not cut or harmed. |
| ARBITRATION - Delhi High Court: Not Compulsory to Use the Word 'Seat' in an Arbitration Clause |
| Thu, 11 Apr 2024 15:36:55 IST |
| Delhi High Court has held that to determine the jurisdiction of the Court having jurisdiction over the proceedings arising out of the arbitration agreement it is not compulsory to use the word 'seat' in the arbitration clause. |
| CRIMINAL - Del HC: Abetm. of Suicide's Trial Can't Solely be Based on Mention of Person's Name in Suicide Note |
| Thu, 11 Apr 2024 15:36:43 IST |
| Delhi High Court has held that mere mention of the name of certain individuals in the suicide note, stating therein that they are responsible for his death cannot ipso facto be the sole basis for putting the accused to face trial or for conviction under Section 306 of Indian Penal Code, 1860. |
| FAMILY - Bombay High Court: Can't Use Senior Citizenship Act as Machinery to Settle Property Disputes |
| Thu, 11 Apr 2024 15:36:33 IST |
| Bom. HC has held that provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 cannot be used as machinery for settling property disputes between heirs of senior citizens and it should be ensured that the provision is not misused by children who are denied share in properties. |
| SERVICE TAX - CESTAT: No Service Tax to be Levied on Flats Construc. Prior To 01.07.2010 Having Less Than 12 Flats |
| Thu, 11 Apr 2024 15:36:22 IST |
| Chennai Branch of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that no tax liability shall be imposed if the flats are constructed prior to 1st July, 2010 and has less than 12 units or flats. |
| MEDIA AND COMMUNICATION - SC: Comments on Social Media Platforms Distorting Court Proceedings Require Consideration |
| Thu, 11 Apr 2024 12:09:41 IST |
| SC observed that nowadays there is a misuse of social media on which messages, comments, articles etc. are posted in respect of matters pending in Courts. These comments, messages have tendency of undermining authority of Courts or of interfering with course of justice and require consideration. |
| ELECTION - Supreme Court: Every Defect in Nomination Will Not Make Nomination Defective |
| Thu, 11 Apr 2024 12:09:29 IST |
| Supreme Court has held that every defect in the nomination cannot straightaway be termed to be of such character as to render its acceptance improper unless the defect is of such substantial nature as will render the nomination invalid. |
| SERVICE - SC: Unfortunate That Indian Coast Guard Opposes PC to Women Unlike Army, Navy & Air Force |
| Thu, 11 Apr 2024 12:09:18 IST |
| Supreme Court has observed that it is unfortunate that unlike the Indian Army, Air Force and Navy have inducted women on a permanent basis following Court directions the Indian Coast Guard continues to be an outlier by opposing grant of Permanent Commission (PC) for women officers. |
| DIRECT TAXATION - Del. HC: Only Discovery of Material Would Trigger Reopening or Abatement of Assessment |
| Thu, 11 Apr 2024 12:09:08 IST |
| Delhi High Court has held that reopening or abatement of proceeding would only be triggered on discovery of material that is likely to have a bearing on the determination of the total income. |
| CIVIL - Union's Circular Banning Twenty-Three Breeds of Dogs Banned by Karnataka High Court |
| Thu, 11 Apr 2024 12:08:57 IST |
| Karnataka High Court has quashed the circular issued by Union Ministry of Fisheries, Animal Husbandry and Dairying Department that banned twenty-three breeds of dogs on the ground that they were ferocious and dangerous to human life. |
| ARBITRATION - SC: DMRC's Petition Allowed, Judgement Upholding Arbitral Award In Favour of DAMEPL Set Aside |
| Wed, 10 Apr 2024 14:58:48 IST |
| Supreme Court has set aside the judgement that upheld the arbitral award made in favour of Delhi Airport Metro Express Private Limited (DAMEPL) and relieved Delhi Metro Rail Corporation (DMRC) of huge liability of Rs. 8000 Crore. |
| INTELLECTUAL PROPERTY RIGHTS - Del. HC: Nation-Wide Reputation Gained by 'Amul', Protection of Its TM Would Transcend All Classes |
| Wed, 10 Apr 2024 14:58:36 IST |
| Delhi High Court has held that the mark 'AMUL' has acquired huge, undiluted, enduring significance and nation-wide reputation and its protection would transcend all classes having been declared a well-known mark. |
| ENVIRONMENT - Directions Issued by Delhi High Court on Management of Drainage System, Water Logging |
| Wed, 10 Apr 2024 14:58:25 IST |
| Delhi High Court after observing that waterlogging and flooding have become perennial issues, has issued directions to the management of the drainage system in the national capital, and rejuvenation of water bodies. |
| CRIMINAL - Cal. HC: Modern Penology Aims at Reforming Prisoners Rather Than Wreaking Vengeance |
| Wed, 10 Apr 2024 14:58:14 IST |
| Cal. HC while allowing the premature release of a convict in Bowbazar Blasts, has stated that primary object in modern penology is reformation and correction and objective of punishment is to reform convict, assisting him in reintegration and not to wreak vengeance on him due to his past conduct. |
| CRIMINAL - SC: Improper to Move HC Under Art. 226/227 for Release of Vehicle When Remedy Available u/s 451 CrPC |
| Wed, 10 Apr 2024 11:01:57 IST |
| SC held that when Section 451 of Code of Criminal Procedure, 1973 empowers criminal court to pass order for custody and disposal of property pending inquiry or trial, it is not proper to invoke jurisdiction of the High Court under Article 226 of the Constitution of India seeking release of vehicle. |
| CRIMINAL - Delhi High Court: Political Parties Can be Covered Under the Ambit of PMLA |
| Wed, 10 Apr 2024 11:01:28 IST |
| Delhi High Court after analyzing Section 70 of the Prevention of Money Laundering Act, 2002(PMLA) and Section 2(f) and 29A of the Representation of Peoples Act, 1951, has observed that a political party can be covered under the ambit of Prevention of Money Laundering Act. |
| LIMITATION - Principles of Condonation of Delay Explained by Supreme Court |
| Wed, 10 Apr 2024 11:01:17 IST |
| SC has laid down certain principles of condonation of delay which include that merits of the case are not required to be considered in condoning the delay, if some persons obtained relief it does not entitle others to get the same benefit if the court is not satisfied with the cause of delay etc. |
| ELECTION - Ker. HC: Improper to Compel Election Candidate to Answer ED Summons Just Before LS Elections |
| Wed, 10 Apr 2024 11:01:04 IST |
| Kerala High Court has held that it is not proper to disturb a candidate contesting elections and compel him to answer summons served by the Enforcement Directorate (ED) just before the Lok Sabha Elections. |
| CRIMINAL - Raj. HC: Coercive Action Stayed Against Magistrate Who Allegedly Asked Rape Victim to Strip |
| Wed, 10 Apr 2024 11:00:53 IST |
| Rajasthan High Court has stayed coercive action against a Judicial Magistrate who has been accused of asking a rape victim to strip and show her injuries. The Court also directed media platforms not to sensationalize the issue. |
| CRIMINAL - Delhi High Court Upholds Chief Minister Arvind Kejriwal's Arrest in Liquor Policy Scam Case |
| Tue, 09 Apr 2024 16:20:18 IST |
| Delhi High Court has dismissed Chief Minister Arvind Kejriwal's plea challenging his arrest by the Enforcement Directorate and upheld his arrest by holding that the Enforcement Directorate had submitted sufficient material for the same. |
| ELECTION - SC: Candidates Contesting Elections Don't Have to Disclose Every Moveable Property They Own |
| Tue, 09 Apr 2024 15:12:22 IST |
| Supreme Court has held that those candidates who are contesting elections are not required to disclose all the details about every moveable property that is owned by them or their dependants as the candidate's right to privacy would still survive as regards matters which are of no concern to the vot |
| CRIMINAL - Supreme Court: Motive Isn't of Significance if Direct Evidence Proving Guilt of Accused Available |
| Tue, 09 Apr 2024 15:12:10 IST |
| Supreme Court has held that if there is direct evidence available against an accused that inspires the confidence of the court then the motive with which the offence was committed would be of very less relevance. |
| SERVICE - SC Clarifies That Judgement Stating B.Ed Graduates Can't Be Primary School Teachers Operates Prospe. |
| Tue, 09 Apr 2024 15:11:59 IST |
| Supreme Court has clarified that the judgment delivered by the Court that Bachelor of Education (B.Ed.) degree holders cannot be primary school teachers shall have prospective application and the candidates who were appointed without any disqualification imposed by Court shall not be affected. |
| CIVIL - Gau. HC: Primary Duty of the State to Disburse Funds Under Victim Compensation Scheme |
| Tue, 09 Apr 2024 15:11:48 IST |
| Gauhati High Court while stating that it is the primary duty of the State to provide fund for the disbursement of compensation to the victims under the Assam Victim Compensation Scheme, 2012, has asked the Assam Government to come up with a plan for the release of funds to be given to the victims. |
| CIVIL - Supreme Court: Stamp Duty Not to be Paid on Every Increase in Share Capital |
| Tue, 09 Apr 2024 11:27:37 IST |
| Supreme Court has held that if stamp duty has already been paid on the increase in share capital of the company and the Articles of Association remains the same then no further share capital shall have to be paid for every subsequent individual increase in the share capital of the company. |
| CONSUMER - Supreme Court: Deceased Partner's Legal Heirs Not Liable for Liability of Partnership Firm |
| Tue, 09 Apr 2024 11:27:25 IST |
| Supreme Court has held that upon the death of a partner of the partnership firm, legal heirs of the deceased do not become liable for any liability of the partnership firm. |
| CIVIL - Karnataka HC Becomes the First Court to Hear Arguments of Speech & Hearing-Impaired Advocate |
| Tue, 09 Apr 2024 11:27:13 IST |
| Karnataka High Court has created history by becoming the first court in the country to hear submissions advanced by a speech and hearing-impaired advocate Sarah Sunny through a certified sign language interpreter. |
| EDUCATION - Ker. HC: Academic Interests of Children Must be Delicately Balanced With Right to Recreation |
| Tue, 09 Apr 2024 11:27:02 IST |
| Kerala High Court while allowing CBSE and ICSE Boards to conduct vacation classes, has held that it is to be considered by the State as to how a balance between children's academic pursuits and their right to recreational activities can be made. |
| CONSUMER - SC: Commercial Transactions Not Within the Purview of Consumer Protection Act, 1986 |
| Mon, 08 Apr 2024 15:18:55 IST |
| Supreme Court has held that commercial disputes cannot be decided in summary proceedings under the Consumer Protection Act, 1986 but the appropriate remedy for recovery of the amount, if any, would be before the Civil Court. |
| CRIMINAL - Kar HC: Before Passing Extern. Order It is Mandatory to Provide Hearing, Material Relied on to Acc. |
| Mon, 08 Apr 2024 15:18:45 IST |
| Karnataka High Court has held that before passing an externment order against the accused, it is mandatory to grant reasonable opportunity and also to provide necessary material relied on by the authority to him. |
| FAMILY - Kerala HC: Child Can't be Forced to Live With a Parent Totally Unacceptable to Him/Her |
| Mon, 08 Apr 2024 15:18:33 IST |
| Kerala High Court while permitting a child to live with his deceased father's relatives in a habeas corpus petition filed by the mother, has observed that the Court cannot pass an order compelling the child to live with such parent who is totally unacceptable to him. |
| CIVIL - Mad. HC: Can't Deny Book Launch Permission Only Because a Participant is Candidate in Elections |
| Mon, 08 Apr 2024 15:18:22 IST |
| Madras High Court has held that the State cannot feel shy from granting permission to a book release function just because it is about a person who is a candidate in the Election or he/she is going to participate in the function. |
| FAMILY - Allahabad HC: Paying 25 Percent of Monthly Pension as Maintenance to Wife is Not Excessive |
| Mon, 08 Apr 2024 15:18:04 IST |
| Allahabad High Court while treating the pension of a husband as his monthly salary, has held that providing twenty-five percent of monthly pension as maintenance to the wife is not excessive. |
| CIVIL - All. HC: Filing PIL on Issues Already Decided Amounts to Manipulation & Misleading of Court |
| Mon, 08 Apr 2024 15:17:53 IST |
| Allahabad High Court while imposing a fine of Rupees Fifty Thousand on Bhartiya Kisan Union Pathik for filing Public Interest Litigation (PIL) on issues already decided, held that attempts made, essentially amount to manipulation and attempt to mislead the Court. |
| CRIMINAL - Cannot Disclose Identity of POCSO Victim, Supreme Court Calls for Sensitization |
| Mon, 08 Apr 2024 11:55:46 IST |
| SC has observed that exercise of sensitization of judicial officers and police officers is required to be done in the State of West Bengal to ensure compliance of the mandatory requirement that identity of victims under Protection of Children from Sexual Offences Act, 2012(POCSO) is not disclosed. |
| CRIMINAL - SC: Findings of Gurwinder Singh Judgement Regarding Bail Won't Disturb Ratio of K.A.Najeeb Judgement |
| Mon, 08 Apr 2024 11:55:35 IST |
| SC has observed that findings in Gurwinder Singh Vs. State of Punjab and Ors (MANU/SC/0088/2024)with regard to granting of bail for accused under Unlawful Activities Prevention Act, 1967 will not have any effect on the ratio arrived in the case of Union of India vs. K.A. Najeeb (MANU/SC/0046/2021). |
| EDUCATION - SC: Candidate's MBBS Admission Cancellation Over Social and Economically Backward Certificate Stayed |
| Mon, 08 Apr 2024 11:55:24 IST |
| SC while issuing notice, has stayed 'Teli' caste student's cancellation of MBBS admission in Government Medical College, Vadodara which was done as a consequence of refusing to recognize the applicability of his Social and Economically Backward Certificate in the State of Gujarat. |
| CRIMINAL - Police Not Allowed to Tutor Witnesses, Supreme Court Directs Action Against Police Officers |
| Mon, 08 Apr 2024 11:55:13 IST |
| Supreme Court while admonishing Tamil Nadu Police for tutoring witnesses, has directed the Tamil Nadu's Director General of Police to initiate an enquiry into the conduct of police officers at concerned police station and to take appropriate action against the police officers, according to law. |
| SERVICE - Supreme Court: Split Verdict Delivered on Appointment of Shiksha Karmis in Madhya Pradesh |
| Mon, 08 Apr 2024 11:55:01 IST |
| Supreme Court has delivered a split verdict in a case regarding the appointment of Shiksha Karmis in Madhya Pradesh. While Justice JK Maheshwari upheld the decision of the High Court to cancel the appointment of Shiksha Karmis, Justice KV Viswanathan reversed the High Court's decision. |
| DIRECT TAXATION - Del. HC: Rule 11UA of the IT Rules, 1962 Interpreted for Determination of FMV of Shares |
| Mon, 08 Apr 2024 11:54:51 IST |
| Delhi High Court has held that rule 11UA of Income Tax Rules, 1962(IT Rules) has been interpreted by it for the determination of fair market value (FMV) of shares under Section 56(2)(viib) of the Income-Tax Act, 1961. |
| GOODS AND SERVICES TAX - Supreme Court Transfers to Itself High Court's Pending Petitions Challenging GST On Online Gaming |
| Fri, 05 Apr 2024 15:27:08 IST |
| Supreme Court has ordered the transfer of writ petitions pending in various High Courts that challenged the imposition of Goods and Service Tax (GST) on online gaming companies. |
| ADMINISTRATIVE - SC: HCs and SC Should Refrain from Interfering in Scrutiny Committee's Findings on Caste Claims |
| Fri, 05 Apr 2024 15:26:57 IST |
| SC has held that High Courts as well as the Supreme Court should refrain from deeper probe into factual issues in the scrutiny committee's findings on caste claims unless the inferences made by the concerned authority suffer from perversity on its face or are impermissible in the eyes of law. |
| CIVIL - Ker HC: Court Under Article 226 Can't Intervene in Issues Related to Conducting Rituals in Church |
| Fri, 05 Apr 2024 15:26:45 IST |
| Kerala High Court has held that on issues relating to the conduct of rituals in the Church, the Court cannot intervene while acting under Article 226 of the Constitution of India, particularly when the parties are already litigating it before the competent Civil Court. |
| CIVIL - Madras High Court Modifies Order & Restores Power of Madurai Bench to Hear Pan-State Matters |
| Fri, 05 Apr 2024 15:26:34 IST |
| Madras High Court recently modified an earlier order of the Court and restored the power of the Madurai Bench to hear pan-state matters which were earlier restricted to the principal bench. |
| LAW OF MEDICINE - Mad HC: State Not to Insist on Certificate of Sexual Re-orientation Surgery for Publ. Change of Name |
| Fri, 05 Apr 2024 15:26:24 IST |
| Madras High Court has held that the State Government should not ask for the production of medical examination reports and certificates of sexual re-orientation surgery for publishing a change of name or gender of transpersons. |
| CIVIL - SC: Civil Proc. Outcome Binding on Criminal Proc. to Extent of Making Sentence/Damages Unsustainable |
| Fri, 05 Apr 2024 11:16:21 IST |
| Supreme Court has observed that the outcome of a civil proceeding shall only be binding on the outcome of a criminal proceeding to the extent of holding the punishment or damages arising out of criminal proceedings as unsustainable in law. |
| LIMITATION - Supreme Court: Union's Plea to Condone Delay of Twelve Years Refused |
| Fri, 05 Apr 2024 11:16:10 IST |
| SC stated that once it is held that a party has lost its right to have the matter considered on merits because of its own inaction for a long period, it cannot be said to be non-deliberate delay, hence party cannot plead that the substantial justice deserves preference over technical considerations. |
| CIVIL - Public Interest Litigation to Remove Chief Minister Arvind Kejriwal Refused by Delhi High Court |
| Fri, 05 Apr 2024 11:15:59 IST |
| Delhi High Court has refused to entertain a public interest litigation that sought the removal of Chief Minister Arvind Kejriwal on the ground that there is no precedent that the president's rule or governor's rule has been imposed by the court. |
| FAMILY - Del. HC: Wife Leaving Matrimonial Home on Regular Basis Without Husband's Fault is Cruelty |
| Fri, 05 Apr 2024 11:15:48 IST |
| Delhi High Court while granting divorce to a husband, has observed that a wife leaving a matrimonial home from time to time without any fault on the husband's part, amounts to cruelty. |
| DIRECT TAXATION - Del. HC: Initiation of S. 153C Assessment Proc. Falling Beyond Max. 10 Years Block Period, Quashed |
| Fri, 05 Apr 2024 11:15:36 IST |
| Delhi High Court quashed the initiation of assessment proceedings under Section 153C of the Income Tax Act, 1961 which was falling beyond the ten-year block period. |
| CIVIL - Kar. HC: Registry Directed to Engage Interpreter to Assist Lawyer With Speech & Hearing Impairment |
| Fri, 05 Apr 2024 11:15:26 IST |
| Karnataka High Court has directed its registry to secure a certified interpreter to assist a lawyer who is suffering from hearing and speech impairment. |
| CIVIL - Public Interest Litigation to Ban Cross-Gender Massages in Spas Dismissed by Delhi High Court |
| Thu, 04 Apr 2024 15:22:43 IST |
| Delhi High Court dismissed a Public Interest Litigation (PIL) which sought the banning of cross-gender massages in spas on the ground that a single judge of Delhi High Court has already been seized of the controversy. |
| SERVICE TAX - CESTAT: 'Mining Service' Covers Services Like Wireline Logging & Perforation for Drilling Oil Wells |
| Thu, 04 Apr 2024 15:22:31 IST |
| Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that undertaking services like wireline logging, perforation, and other wireline-related services involving mechanical jobs for drilling an oil well would be covered under the taxable category of 'Mining Service'. |
| MOTOR VEHICLES - Bom. HC Dismisses PIL Challenging Additional Fees Imposed for Delay in Applying for Vehicle Services |
| Thu, 04 Apr 2024 15:22:16 IST |
| Bombay High Court has dismissed a Public Interest Litigation (PIL) that challenged the imposition of additional fees for several vehicle services like renewal of driving license and vehicle registration. |
| ARBITRATION - Cal HC: Agreement's Certified Copy Attested by Notary Enough to Meet Condition of S. 8(2) of A&C Act |
| Thu, 04 Apr 2024 15:21:59 IST |
| Calcutta High Court has held that in order to entertain an application under Section 8(2) of the Arbitration and Conciliation Act, 1996 it would be sufficient to accompany the application with a certified copy of the original arbitration agreement's copy attested by a Notary. |
| CIVIL - All. HC: Filing Amendment Application in Pending Application Can't be Considered Second Application |
| Thu, 04 Apr 2024 15:21:49 IST |
| Allahabad High Court has held that for release of property from tenant under Section 21 of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 an amendment or substitution application filed in a pending application cannot be considered as second application. |
| COMMERCIAL - SC: Fine Imposed on HIMUDA for Colluding With Pvt. Company to Secure Tender by Deceiving Court |
| Thu, 04 Apr 2024 11:05:53 IST |
| SC imposed a fine of Rs. 5 Lakh on Himachal Pradesh Housing and Urban Development Authority (HIMUDA) for colluding with a private company and taking the High Court for a ride by misusing process of law to cover up irregularities and illegalities committed in tender process by officers of authority. |
| LIMITATION - SC: Can't Include Time Spent in Contesting Bonafide Litigation at Wrong Forum, While Computing Limi. |
| Thu, 04 Apr 2024 11:05:42 IST |
| SC has held that Section 14 of Limitation Act, 1963 makes it clear that an applicant who has prosecuted another civil proceeding with due diligence, before a wrong forum on account of defect of jurisdiction or another cause, is entitled to exclusion of the time in computing the period of limitation. |
| CIVIL - Delhi High Court: Prioritize Criminal Cases and Appeals Against MPs and MLAs |
| Thu, 04 Apr 2024 11:05:31 IST |
| Delhi High Court has passed an order asking its Judges to prioritize criminal cases and appeals that have been filed against Members of Parliament (MPs) and Members of Legislative Assembly (MLAs). |
| DIRECT TAXATION - Del. HC: IT Addition Eligible for Deduction u/s 80-IC of IT Act if Made Towards Unsub. Share Capital |
| Thu, 04 Apr 2024 11:05:21 IST |
| Delhi High Court has held that Income Tax Addition are eligible for deduction under Section 80-IC of the Income Tax Act, 1961 if they are made towards unsubstantiated share capital. |
| DIRECT TAXATION - Bombay High Court: Vested Rights of Assessee Can't be Affected by Retrospective Legislation |
| Thu, 04 Apr 2024 11:05:10 IST |
| Bombay High Court has held that the vested right of an assessee cannot be affected by retrospective legislation and the Central Board of Direct Taxes cannot add new rigors or impediments to the rights of an assessee. |
| CRIMINAL - Cheque Offered Only for Security, Supreme Court Sets Aside Conviction Under Section 138 of NI Act |
| Wed, 03 Apr 2024 15:11:44 IST |
| Supreme Court set has aside a conviction under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) on the ground of finding of the civil proceedings that the cheque was offered only for the purpose of security. |
| CRIMINAL - SC: High Court Not Permitted to Interfere With Acquittal Unless Trial Court's View Perverse |
| Wed, 03 Apr 2024 15:11:34 IST |
| Supreme Court has held that in any case, even if two views are possible and the trial Judge found the other view to be more probable, an interference would not have been warranted by the High Court, unless the view taken by the learned trial Judge was a perverse or impossible view. |
| INTELLECTUAL PROPERTY RIGHTS - 'Haldiram' Declared As A Well Known Trademark by Delhi High Court |
| Wed, 03 Apr 2024 15:11:23 IST |
| Delhi High Court while declaring Haldiram as a well-known trademark, has observed that the brand, with its origins deeply rooted in India's rich culinary tradition, has not only established a presence within the national market but has also extended its influence globally. |
| MOTOR VEHICLES - Mad. HC: Supporting Driver Before MACT Doesn't Preclude Transport Corp. from Initiating Disc. Proc. |
| Wed, 03 Apr 2024 15:11:13 IST |
| Madras High Court has held that if State Express Transport Corporation management has taken a stand for the driver before the Motor Accident Claims Tribunal (MACT) then it does not preclude the management from initiating disciplinary proceedings against the driver. |
| CONTEMPT OF COURT - Chhattisgarh High Court: Take Action Against Persons Reposting Morphed Video of Court Proceedings |
| Wed, 03 Apr 2024 15:11:01 IST |
| Chhattisgarh High Court has ordered action against individuals reposting morphed video of a court proceeding and also against those individuals who passed derogatory comments against the Judges and the Court. |
| CRIMINAL - Madras High Court Directs State to Expedite Probe and Trials in Criminal Cases Against MP, MLAs |
| Wed, 03 Apr 2024 15:10:39 IST |
| Madras High Court has directed the State to speed up the probe and trials in criminal cases against Members of Parliament (MP) and Members of Legislative Assembly (MLAs). |
| CIVIL - SC: Old Panel of Adv. Must be Kept for At least 6 Weeks After Change in Govt., to Avoid Adjournments |
| Wed, 03 Apr 2024 11:17:45 IST |
| SC while expressing dilemma over the change in the panel of advocates after a shift in political power, has observed that it will be appropriate if States/Union Territories while changing the panel continue the old panel for at least 6 weeks so that the Courts are not forced to grant adjournments. |
| CONTEMPT OF COURT - Supreme Court: Apology Tendered by Patanjali in Contempt Case, Refused by Supreme Court |
| Wed, 03 Apr 2024 11:17:34 IST |
| Supreme Court while hearing a contempt case against Patanjali Ayurveda Ltd. over the publication of misleading medical advertisements, has warned Patanjali and Baba Ramdev of perjury proceedings. |
| INTELLECTUAL PROPERTY RIGHTS - Google's Appeal Against Rejection of Patent, Dismissed by High Court With Cost of Rs. 1 Lakh |
| Wed, 03 Apr 2024 11:17:24 IST |
| Delhi High Court while dismissing Google's appeal against the rejection of the grant of patent on the grounds of lack of novelty and inventive step, has imposed a cost of Rs. 1 Lakh on Google. |
| CONSTITUTION - Mad. HC: Providing Police Protection to Person With Criminal Background Would Send Wrong Signals |
| Wed, 03 Apr 2024 11:17:13 IST |
| Mad. HC has held that if the Court directs to give police protection to persons with criminal background, it will send a wrong signal to society and a citizen should not get such an impression as it will make them lose their faith in the existing system. |
| CIVIL - Del. HC: PIL Seeking Constitution of High Powered Committee Affairs of Cooperative Banks, Rejected |
| Tue, 02 Apr 2024 15:15:04 IST |
| Delhi High Court has rejected a Public Interest Litigation (PIL) that sought the constitution of the High Powered Committee to look into affairs of co-operative banks. |
| CIVIL - Ker. HC: Land Used for Cultivation of Cardamom Should be Retained for Cardamom Cultivation Itself |
| Tue, 02 Apr 2024 15:14:53 IST |
| Kerala High Court has held that the cardamom plantation will have to be retained as a cardamom plantation and any violation of the same would entail in resumption of the land by the Government. |
| TRUSTS AND SOCIETIES - SC: No Physical Excavation to be Done of Bhojshala Temple cum Kamal Maula Mosque Complex |
| Tue, 02 Apr 2024 11:01:46 IST |
| SC has passed an interim order in a plea challenging Madhya Pradesh High Court's order that directed Archaeological Survey of India to conduct a survey at the Bhojshala Temple cum Kamal Maula Mosque complex and has stated that no physical excavation shall be done without the permission of the Court. |
| CONSTITUTION - SC: Hardship Due to State's Financial Mismanagement No Ground to Seek Interim Relief Against Union |
| Tue, 02 Apr 2024 11:01:34 IST |
| Supreme Court has held that if the State has essentially created financial hardship because of its own financial mismanagement, such hardship cannot be held to be an irreparable injury that would necessitate an interim relief against Union. |
| CRIMINAL - All HC: Deduction of Payment for Loan, LIC from Salary Can't be Sought by Husband to Determine Main. |
| Tue, 02 Apr 2024 11:01:23 IST |
| Allahabad High Court has held that in order to determine maintenance under Section 125 of Code of Criminal Procedure, 1973 husband cannot seek a deduction of payment towards loan, Life Insurance Corporation (LIC) premiums from salary. |
| SERVICE - Karnataka High Court: Welfare State Expected to Treat Pensioners With Soft Gloves |
| Tue, 02 Apr 2024 11:01:11 IST |
| Karnataka High Court has held that an employer in a Welfare State is required to treat pensioners with soft gloves as they have retired after putting in a long & spotless service during their productive years. |
| CRIMINAL - Court Remands Delhi Chief Minister Arvind Kejriwal to Judicial Custody till 15th April |
| Mon, 01 Apr 2024 15:03:58 IST |
| Rouse Avenue Courts has remanded Chief Minister of Delhi, Arvind Kejriwal to judicial custody till 15th April 2024 in a money laundering case related to a liquor policy scam. |
| LAW OF EVIDENCE - Ker. HC: Writ Jurisdiction Cannot be Invoked to Re-Appreciate Evidence in Disciplinary Proceedings |
| Mon, 01 Apr 2024 15:03:47 IST |
| Kerala High Court has held that the Court cannot consider the question about the sufficiency or adequacy of evidence in support of a particular conclusion in a disciplinary proceeding through invoking powers under Article 226 of the Constitution of India. |
| CONSTITUTION - State of Kerala's Suit Challenging Limits on State's Borrowing Capacity Referred to Consti. Bench |
| Mon, 01 Apr 2024 15:03:37 IST |
| Supreme Court while refusing to pass orders of interim relief in favor of the State of Kerala, has referred the suit challenging the limits on the State's borrowing capacity to a five-judge Constitution Bench. |
| CIVIL - Gauhati High Court: Notify the Child Protection Policy and the rules under the Juvenile Justice Act |
| Mon, 01 Apr 2024 15:03:27 IST |
| Gauhati High Court has asked the State Government to notify the rules under the Juvenile Justice (Care and Protection) Act, 2015, and the Child Protection Policy by 24th June 2024. |
| CRIMINAL - Bom HC: Detention Under MCOCA Must be Terminated if Competent Authority Denies Sanction to Prosecute |
| Mon, 01 Apr 2024 10:55:46 IST |
| Bombay High Court has held that once the competent authority declines to grant sanction under Sec. 23(2) of the Maharashtra Control of Organised Crimes Act, 1999 (MCOCA), the extended period for completion of investigation, would terminate on the day, competent authority declines to grant sanction. |
| CIVIL - Madras High Court: Party Wanting to Abandon Claim Cannot be Compelled to Continue Case |
| Mon, 01 Apr 2024 10:55:35 IST |
| Madras High Court while allowing the State of Tamil Nadu to withdraw cases, has observed that when a party wasn't to abandon a case without reserving any rights cannot be compelled by the court to pursue the same. |
| CRIMINAL - Madras High Court: Can't Freeze Bank Account Under UAPA in Absence of Central Government's Order |
| Mon, 01 Apr 2024 10:55:24 IST |
| Madras High Court has held that authorities cannot freeze the bank account of Tamil Nadu Development Foundation Trust under the Unlawful Activities Prevention Act, 1967 (UAPA) without an order of inquiry under Section 7(1) of the Act. |
| CRIMINAL - Andhra Pradesh HC: Issuance of Notice Won't Act as Bar Against Anticipatory Bail Application |
| Mon, 01 Apr 2024 10:55:13 IST |
| Andhra Pradesh High Court has held that issuance of notice under Section 41 of the Code of Criminal Procedure, 1973 shall not have any bar on an application of anticipatory bail. |
| CONSTITUTION - Del. HC: Article 21A of COI Not Applicable on Being Educated in a Particular School of Choice |
| Fri, 29 Mar 2024 15:09:40 IST |
| Delhi High Court has observed that Article 21A of the Constitution of India guaranteeing the right to free and compulsory education does not entitle any child to get an education in a particular school of his or her choice. |
| ARBITRATION - Kar. HC: Parties Can't be Forced to Arbitration Proceed. if Not Signatory to Joint Venture Agreement |
| Fri, 29 Mar 2024 15:09:29 IST |
| Karnataka High Court has held that if the parties are not signatories to the Joint Venture Agreement then the Court cannot direct them to be parties to the arbitration proceedings as per the terms of the Joint Venture Agreement. |
| BANKING - Kerala High Court: Discretion of Appellate Court to Waive/Deposit of Minimum 20% Fine |
| Fri, 29 Mar 2024 15:09:19 IST |
| Kerala High Court has held that under Section 148 of the Negotiable Instruments Act, it is at the discretion of the Appellate Court to either order a deposit or waive the deposit of fine but the court shall be obligated to give reasons for the same. |
| FAMILY - Karnataka High Court: Rights of Adopted Child of Indian Parents Cannot be Left Marooned |
| Fri, 29 Mar 2024 10:34:46 IST |
| Kar. HC while directing Central Adoption Resource Authority to consider representation of an Indian couple that has adopted a child in Uganda, has held that even though adoption has happened in a country which is not signatory to Hague Convention, the rights of adopted child cannot be left marooned. |
| CRIMINAL - Telangana High Court: Section 18 UAPA is Penal in Nature, Needs to be Proved by Prosecution |
| Fri, 29 Mar 2024 10:34:36 IST |
| Telangana High Court while granting bail to members of Popular Front of India, has held that Section 18 of Unlawful Activities Prevention Act (UAPA), 1967 is only a penal provision and ultimately it has to be proved by producing evidence. |
| CIVIL - Mad. HC: Registering Authorities Not Empowered to Cancel Sale Deed Through Summary Proceedings |
| Fri, 29 Mar 2024 10:34:21 IST |
| Madras High Court has held that the Registering Authority or the District Registrar are quasi-judicial authorities and they do not have the power to cancel sale deeds by conducting summary proceedings. |
| CIVIL - Karnataka High Court: Judicial Powers Cannot be Exercised by Conciliators in Lok Adalats |
| Fri, 29 Mar 2024 10:34:10 IST |
| Karnataka High Court has held that the conciliators have exercised the judicial powers while presiding over the Lok Adalat, hence the compromise and directing the decree of the suit needs to be set aside as it is opposed to the settled principles of law. |
| ELECTION - Calcutta High Court: Person Seeking to Contest Elections is Deemed Public Interest |
| Thu, 28 Mar 2024 14:39:13 IST |
| Calcutta High Court while allowing the resignation of a doctor to contest elections has held that there is a deemed public interest in a person seeking to contest in an election and to be a representative of the people. |
| CRIMINAL - Kar. HC: Cannot Prosecute Second Spouse or Their Family for Bigamy Under Section 494 IPC |
| Thu, 28 Mar 2024 14:39:00 IST |
| Karnataka High Court has held that only a husband or wife who gets married for the second time during the lifetime of the first spouse shall be prosecuted under Section 494 of the Indian Penal Code (IPC). No prosecution shall lie against the second spouse or their family. |
| CRIMINAL - All. HC: No Authority to Additional Chief Medical Officer to File Complaint Under PCPNDT Act |
| Thu, 28 Mar 2024 14:38:49 IST |
| Allahabad High Court has held that the Additional Chief Medical Officer is not an appropriate authority and has no authority to file a complaint for any offence committed under the provisions of the Pre-Conception & Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PCPNDT). |
| CRIMINAL - Delhi High Court Declines Relief to Chief Minister Arvind Kejriwal in Liquor Policy Scam Case |
| Thu, 28 Mar 2024 10:08:00 IST |
| Delhi High Court while issuing notice to the Enforcement Directorate on plea by Delhi Chief Minister Arvind Kejriwal in Liquor Policy Scam case, has refused any relief to the Chief Minister for now. |
| FAMILY - Bom. HC: Husband Directed to Pay Wife Compensation of Rs. 3 Crore for DV & Calling Her 'Second-Hand' |
| Thu, 28 Mar 2024 10:07:49 IST |
| Bombay High Court has while upholding the Trial Court's Order, has directed a man to pay compensation of Rupees Three Crore to his ex-wife for his acts of domestic violence (DV) which included calling her second-hand. |
| LAW OF MEDICINE - Bom. HC: Legal Action to be Taken Against Doctor for Gross Negligence in Conducting Postmortem |
| Thu, 28 Mar 2024 10:07:38 IST |
| Bom. HC has directed the Secretary, Health, Government of Maharashtra as well as Commissioner of Police Thane to take cognizance of the postmortem report and order passed by the Court and initiate legal action against the Doctor for gross negligence and illegality in conducting the postmortem. |
| CRIMINAL - Mad HC: In Absence of Prohibitory Order u/s 144 CrPC People Assembling and Demonstrating Not Offence |
| Thu, 28 Mar 2024 10:07:26 IST |
| Madras High Court has held that in the absence of a prohibitory order under Section 144 of the Code of Criminal Procedure, 1973, assembling few persons and making a demonstration against police will not amount to the commission of offences. |
| CRIMINAL - Supreme Court: Courts Should Transfer Investigation to CBI in Exceptional Cases |
| Wed, 27 Mar 2024 15:04:30 IST |
| Supreme Court has held that Courts should exercise their power to transfer the investigation to the Central Bureau of Investigation (CBI) should be exercised in exceptional circumstances and the same should be done to do complete justice and prevent violation of Fundamental Rights. |
| GOODS AND SERVICES TAX - Madras High Court: Hostel Services for Girl Students and Working Women Exempted from GST Regime |
| Wed, 27 Mar 2024 15:04:17 IST |
| Madras High Court has held that hostel services for girl students and working women shall be exempted from the Goods and Service Tax (GST) regime as they constitute residential dwelling units. |
| FAMILY - Calcutta HC: Husband and Wife Collectively Responsible for Creating Congenial Atmosphere |
| Wed, 27 Mar 2024 15:04:06 IST |
| Calcutta High Court while disallowing an application for dissolution of marriage, has held that in a marriage it is the collective responsibility of both husband and wife to create a compatible environment. |
| BANKING - Bom. HC: Banks to Show Evidence to Borrowers Before Invoking Circular on Wilful Default |
| Wed, 27 Mar 2024 15:03:53 IST |
| Bombay High Court has held that commercial banks need to show the evidence to defaulting borrowers before invoking the master circular on wilful default. |
| LAW OF EVIDENCE - SC: Recording Examination-in-Chief of Witness Without Recording Cross Examination, Contrary to Law |
| Wed, 27 Mar 2024 10:51:04 IST |
| Supreme Court has observed that only recording the examination-in-chief of a witness without recording their cross-examination is contrary to law. |
| CRIMINAL - SC: Cannot Try Juvenile Accused as Adult Unless Preliminary Assessment and Report by JJB Available |
| Wed, 27 Mar 2024 10:50:54 IST |
| Supreme Court has held that the accused child's conviction cannot be sustained unless a preliminary assessment conducted by the Juvenile Justice Board (JJB) has ascertained whether the child who has committed the crime has the mental/physical capacity to commit the crime or not. |
| INTELLECTUAL PROPERTY RIGHTS - Del. HC: In Trademark Plea by 'Fevikwik', Court Refuses to Cancel Registration of 'Kwikheal' |
| Wed, 27 Mar 2024 10:50:42 IST |
| Delhi High Court while refusing to cancel registration of 'Kwikheal' in a trademark plea by Pidilite Industries Limited, has held that since there is no exclusive right on 'Kwik' there cannot be a right of rectification against 'Kwikheal'. |
| GOODS AND SERVICES TAX - P&H HC: GST Registration Suspension Deemed to be Revoked if SCN Not Decided Within 30 Days of Reply |
| Wed, 27 Mar 2024 10:50:32 IST |
| Punjab and Haryana High Court has held that if a show cause notice is not decided within thirty days of filing a reply, the suspension of Goods and Service Tax(GST) Registration shall be deemed to be revoked. |
| CONTEMPT OF COURT - Bom. HC: Show Cause Notice for Contempt Issued Against Individuals Borrowing from NBFCs |
| Wed, 27 Mar 2024 10:50:20 IST |
| Bombay High Court has issued show cause notice for contempt proceedings against certain borrowers who after giving a solemn undertaking to the Court, have sought to put extra-judicial pressure on the authorised officer of the non-banking financial institution. |
| INTELLECTUAL PROPERTY RIGHTS - TM Infringement Case: Delhi HC Restrains Food Outlet from Using WOW PUNJABI in a Suit by WOW! MOMO |
| Tue, 26 Mar 2024 15:22:40 IST |
| Delhi High Court while granting ad interim injunction has restrained a food outlet from using the "WOW PUNJABI" mark after the famous eatery WOW! MOMO sued it over trademark infringement. |
| MEDIA AND COMMUNICATION - Delhi High Court Restrains Rogue Websites From Illegally Streaming IPL Events |
| Tue, 26 Mar 2024 15:22:29 IST |
| Delhi High Court has passed injunction order and restrained various rogue websites from illegally streaming Indian Premier League (IPL) events without authorisation of Viacom 18 |
| ELECTION - 2021 TN Assembly Elections: Mad. HC Directs Recounting of 605 Rejected Postal Ballot Votes |
| Tue, 26 Mar 2024 15:22:19 IST |
| Madras High Court has ordered the recounting of 605 postal ballot votes which were rejected without assigning proper reasons in the Krishnagiri constituency during the 2021 Tamil Nadu Legislative Assembly. |
| CRIMINAL - Ker. HC: Non-Compliance with Vigilance Manual Directions Doesn't Vitiate Probe |
| Tue, 26 Mar 2024 15:22:09 IST |
| Kerala High Court while observing that the Vigilance Manual is not a statute and was not enacted by the legislature has held that mere non-compliance with the directions provided therein for investigating officers would not vitiate an investigation. |
| MEDIA AND COMMUNICATION - SC:Pre-Trial Injunction Against Media Platform Impact Freedom of Speech; Must Be Granted Cautiously |
| Tue, 26 Mar 2024 12:21:15 IST |
| SC while urging trial courts to be cautious while granting pre-trial injunctions against publication of articles and journalistic pieces in defamation suits has observed that interim injunction to take down an article not only impacts author's right to publish but also the public's right to know. |
| CRIMINAL - SC: Restraining Politician From Political Activities As Bail Condition Violates Fundamental Rights |
| Tue, 26 Mar 2024 12:21:05 IST |
| Supreme Court while overturning a bail condition imposed by the Orissa HC, which prohibited a politician from participating in political activities has ruled that restraining politician from engaging in political activities as a condition for granting bail would violate fundamental rights. |
| CRIMINAL - SC: Inability of State Police to Tackle Law & Order is no Excuse to Invoke Preventive Detention |
| Tue, 26 Mar 2024 12:20:54 IST |
| Supreme Court has while setting aside the preventive detention of an alleged chain snatcher has stated that the inability on the part of the state's police machinery to tackle the law and order situation should not be an excuse to invoke the jurisdiction of preventive detention. |
| ENVIRONMENT - SC Quashes Notification Exempting Earth Extraction For Linear Projects From Environmental Clearance |
| Tue, 26 Mar 2024 12:20:43 IST |
| Supreme Court while quashing Center's Notification has set aside an amendment that eliminated the requirement of environmental clearance for extracting the earth for linear projects. The Court termed this blanket exemption "completely unguided" and violative of Article 14 of the Indian Constitution. |
| ELECTION - Supreme Court Refuses to Stay Election Commissioners' Act |
| Tue, 26 Mar 2024 12:20:34 IST |
| Supreme Court while deciding the batch of pleas has refused to stay the Chief Election Commissioner and Other Election Commissioners Act, 2023, which removes the Chief Justice of India from the selection panel appointing election commissioners. |
| FAMILY - Delhi HC: Wife Openly Calling Husband Impotent Amounts To Mental Cruelty |
| Tue, 26 Mar 2024 12:20:24 IST |
| Delhi High Court while granting divorce to a husband on the grounds of cruelty u/s 13 (1)(ia) of the Hindu Marriage Act,1955 has said that being openly humiliated and called impotent by the wife in front of family members is an act of humiliation causing mental cruelty to the husband. |
| EDUCATION - Delhi HC: Examination System Doesn't Permit Penalization of Students For Poor Handwriting |
| Tue, 26 Mar 2024 12:20:14 IST |
| Delhi High Court has observed that the examination system does not permit students to be penalised for having poor handwriting. |
| ARBITRATION - Delhi HC: Membership of Arbitral Institution Not a Pre-Requisite For Invoking Arbitration |
| Tue, 26 Mar 2024 12:20:04 IST |
| Delhi High Court has held that the membership of an arbitral institution cannot be insisted upon as a pre-requisite for invoking arbitration. |
| CRIMINAL - SC: Creating Enmity & Disharmony Between Two Communities Necessary for Offence Under Section 153 IPC |
| Fri, 22 Mar 2024 11:38:16 IST |
| Supreme Court has held that to constitute an offence under Section 153 of the Indian Penal Code (IPC) words spoken or written must create enmity between different groups on grounds of religion, race, place of birth, etc., or that the acts so alleged were prejudicial to the maintenance of harmony. |
| CRIMINAL - Supreme Court: Directions to Police and Probe Agencies to Strictly Follow Guidelines on Arrest |
| Fri, 22 Mar 2024 11:38:04 IST |
| Supreme Court has directed the police forces and agencies in all States and Union Territories endowed with the power of arrest and custody to strictly adhere to all Constitutional and statutory safeguards and guidelines laid down by Court when a person is arrested and/or remanded to their custody. |
| EDUCATION - SC: Admission Can't be Denied to Domicile of State on The Ground of Parent Posted Outside State |
| Fri, 22 Mar 2024 11:37:52 IST |
| Supreme Court has held that a candidate having domicile of the State of Maharashtra cannot be denied admission under the State quota on the ground that the father of the candidate is posted outside the State. |
| CRIMINAL - Delhi Chief Minister Arvind Kejriwal Arrested by Enforcement Directorate in Liquor Policy Case |
| Fri, 22 Mar 2024 11:37:39 IST |
| Enforcement Directorate has arrested Chief Minister of Delhi Arvind Kejriwal in a money laundering case that is related to the alleged liquor policy scam. |
| CRIMINAL - Ker. HC: Ordinary Quarrels in Marriage Lacking Instigation Don't Constitute Abetment to Suicide |
| Fri, 22 Mar 2024 11:37:23 IST |
| Kerala High Court has held that quarrels, fights, or disputes in a marital relationship cannot be reckoned as conduct amounting to abetment of suicide unless there is something more in the form of instigation or aiding. |
| FAMILY - Mad. HC: No Appeal Shall Lie Against Interim Maintenance Passed Under Section 24 of HM Act |
| Fri, 22 Mar 2024 11:37:06 IST |
| Madras High Court has held that an order of interim maintenance passed under Section 24 of the Hindu Marriage Act, 1955 (HM Act) is only an interlocutory order, hence no appeal shall lie against such order and it can only be reviewed. |
| EXCISE - CESTAT: Demand of Excise Duty Not Payable on Waste and Scrap Packing Material if Travels Beyond SCN |
| Fri, 22 Mar 2024 11:36:46 IST |
| Mumbai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that no excise duty is supposed to be paid on waste and scrap packing material of inputs if demand travels beyond Show-Cause Notice (SCN). |
| MOTOR VEHICLES - AP HC: Compensation Can't be Increased in an Appeal for Reduction of Compensation by Owner/Insurer |
| Fri, 22 Mar 2024 11:36:32 IST |
| Andhra Pradesh High Court has held that the High Court cannot increase the compensation in an appeal by the owner/insurer for reducing the compensation, nor can it reduce the compensation in an appeal by the claimants seeking enhancement of compensation. |
| ELECTION - SC Decides Against Staying Chief Election Commissioner and Other Election Commissioners Act, 2023 |
| Thu, 21 Mar 2024 15:09:44 IST |
| Supreme Court has refused to stay Chief Election Commissioner and Other Election Commissioners Act, 2023 which removes the Chief Justice of India from the panel that appoints election commissioners. |
| CIVIL - Practice of 'Rubber Stamp Cognizance' Deprecated by Madras High Court |
| Thu, 21 Mar 2024 15:09:33 IST |
| Madras HC has criticized District Judiciary for practicing rubber stamp cognizance and stated that if cognizance is taken through a rubber stamp cognizance order Court will call for an explanation which is in view of the fact that such an order is in violation of the order passed by the Apex Court. |
| CRIMINAL - Ker. HC: Bulk Possession of Counterfeit Currency Notes Would Only Lead to Conclusion of Trafficking |
| Thu, 21 Mar 2024 15:09:23 IST |
| Kerala High Court held that possessing counterfeit coins in bulk would only lead to the conclusion that the accused carried and possessed them with the object of transacting the same amounting to the trafficking of counterfeit currency notes, and not merely possession with intent to use. |
| TRUSTS AND SOCIETIES - All HC: Uttar Pradesh Government's Act of Not Paying Dues to Temples a Classic Example of Red Tapism |
| Thu, 21 Mar 2024 15:09:12 IST |
| Allahabad High Court has bashed the State Government for not paying the annuity of Thakur Rangji Maharaj Virajman Mandir and eight other temples and called it a classic example of red tapism of the government officials. |
| MEDIA AND COMMUNICATION - Supreme Court Stays Centre's Notification Setting Up Fact Check Unit |
| Thu, 21 Mar 2024 13:48:17 IST |
| Supreme Court has stayed Central Government's notification setting up Fact Check Unit under the Press Information Bureau till the time the Bombay High Court takes final decision on petitions challenging 2023 amendment of IT Rules. |
| CRIMINAL - SC: Factors Deciding Term of Sentence to be Undergone by Murder Convicts Before Remis., Summarised |
| Thu, 21 Mar 2024 10:49:07 IST |
| Supreme Court has summarized the factors to determine term of sentence to be undergone before remission could be sought by accused of murder cases. The factors majorly involved the number of deceased, nature of injuries, motive behind commission of offence, criminal antecedents of the accused, etc. |
| ARBITRATION - SC: Specific Reference Needed to Effect Incorporation of Arbitration Clause in Another Contract |
| Thu, 21 Mar 2024 10:48:56 IST |
| Supreme Court has held that when parties enter into a contract, making a general reference to another contract, such general reference would not have the effect of incorporating the arbitration clause from the referred document into the contract between the parties. |
| PROPERTY - Supreme Court: Actual Owner of the Property Must be Known to the Party Claiming Adverse Possession |
| Thu, 21 Mar 2024 10:48:46 IST |
| Supreme Court has held that when a party claims adverse possession, he must know who the actual owner of the property is. Secondly, he must plead that he was in open and uninterrupted possession for more than 12 years to the original owner's knowledge. |
| CRIMINAL - Gau. HC: Notification for Adopting Practice Directions in Proceeding Under POCSO Act, Issued |
| Thu, 21 Mar 2024 10:48:36 IST |
| Gauhati High Court has issued a notification for the adoption of practice directions in proceedings under the Protection of Children from Sexual Offences Act, 2012. |
| CRIMINAL - Supreme Court: No Bar on Granting Bail Under Section 45 PMLA if There is Delay in Trial |
| Wed, 20 Mar 2024 15:19:18 IST |
| Supreme Court has held that there is no bar on granting bail under Section 45 of the Prevention of Money Laundering Act, 2002 (PMLA) if there is a long incarceration and delay in trial. |
| CIVIL - SC: Application to Modify/Clarify Judgment Post-Disposal Allowed Only in Exceptional Cases |
| Wed, 20 Mar 2024 15:19:07 IST |
| SC has held that a post-disposal application for modification and clarification of the order of disposal shall lie only in rare cases, where an order passed by the Court is executory in nature and Court's direction may become impossible to be implemented because of subsequent events or developments. |
| CRIMINAL - SC: Courts Should Strike Balance Between Testimony of 'Injured Witness' and 'Interested Witness' |
| Wed, 20 Mar 2024 15:18:56 IST |
| Supreme Court has held that it is a well-established principle of law that the evidence of an injured witness is considered to be on a higher pedestal than that of a witness simpliciter and that the Court has to strike a balance between the testimony of the injured witness and that of an interested |
| CIVIL - Karnataka High Court: Stay on Circular Banning Rearing of Certain Breeds of Dogs |
| Wed, 20 Mar 2024 15:18:46 IST |
| Karnataka High Court has stayed a circular passed by the Union Ministry of Fisheries, Animal Husbandry, and Dairying department that banned rearing of certain breeds of dogs found to be ferocious and dangerous to human life. |
| CRIMINAL - Supreme Court Starts Concealing Identities of Accused in Rape Cases Turning Out to be False |
| Wed, 20 Mar 2024 11:09:15 IST |
| Supreme Court on an interesting note has started concealing the names of the accused in rape cases that turn out to be false. |
| FAMILY - Del. HC: Forcefully Asking Wife to do Household Work Even When Her Health Doesn't Permit is Cruelty |
| Wed, 20 Mar 2024 11:09:05 IST |
| Delhi High Court has held that when a wife indulges herself to do household chores, she does it by affection and love for her family. However, if her health or other circumstances do not permit her to do so, forcefully asking her to do household chores would certainly be cruelty. |
| ELECTION - Delhi High Court: Appropriate to Hold Elections of All Bar Associations in One Day for Two Years |
| Wed, 20 Mar 2024 11:08:54 IST |
| Delhi High Court has held that elections of all the bar associations shall be held on one single day for a uniform period of two years which shall avoid interference of members of other Bar Associations. |
| CRIMINAL - Mad. HC: Aim of Criminal Jurisprudence Must be 'Reforming Teenagers' Not Labeling Them as Criminals |
| Wed, 20 Mar 2024 11:08:43 IST |
| Madras High Court while dealing with rash and negligent driving among youngsters, has observed that criminal jurisprudence in this area must aim at reforming teenagers rather than branding them as criminals. |
| CRIMINAL - Bombay High Court Upholds First-Ever Conviction of Police Officers in Mumbai |
| Wed, 20 Mar 2024 11:08:33 IST |
| Bombay High Court has upheld the life imprisonment of a police encounter specialist making it the first conviction of police officers in a fake encounter. |
| CRIMINAL - SC: Aam Aadmi Party Leader Satyendra Jain Prima Facie Guilty of Money Laundering |
| Tue, 19 Mar 2024 15:19:07 IST |
| Supreme Court while denying bail to Aam Aadmi Party leader Satyendra Jain, has observed that there is sufficient material collected by the Enforcement Directorate to show that he is prima facie guilty of the alleged offences under the Prevention of Money Laundering Act, 2002. |
| CRIMINAL - Ker HC: If Accused Holds Joint Possession of Property Then No Offence of Criminal Trespass Attracted |
| Tue, 19 Mar 2024 15:18:57 IST |
| Kerala High Court has held that in cases where there is a property in question which is held by the accused under joint possession then no offence of criminal trespass under Section 449 of the Indian Penal Code, 1860 cannot be attracted. |
| CIVIL - Utt. HC: State to Come Up With Directions for Live-in/Married Couples to Approach SSP Directly |
| Tue, 19 Mar 2024 15:18:47 IST |
| Uttarakhand High Court has directed the State Government to issue general instructions whereby Live-in/Married couples can approach the Senior Superintendent of Police directly and get protection. |
| LAW OF EVIDENCE - Kar. HC: Can't Accept Photostat Copy of Unregistered Sale Agreement as Secondary Evidence |
| Tue, 19 Mar 2024 15:18:36 IST |
| Karnataka High Court has held that for a trial being held under Section 138 of the Negotiable Instruments Act, a photocopy of an unregistered sale agreement cannot be admitted as secondary evidence only on the ground that the accused has admitted his signature in the said document. |
| CIVIL - Kar HC: State Can't Implement Circular Directing Sealing of Shops With Less Than 60% Signage in Kan. |
| Tue, 19 Mar 2024 10:54:26 IST |
| Karnataka High Court has given directions to the State Government to not continue with the circular through which premises that fail to have 60 percent of signage in Kannada would be sealed and has found the circular prima facie untenable. |
| CIVIL - Kar. HC: Order Passed by Appellate Authority Under Section 70 of Chit Funds Act is Final |
| Tue, 19 Mar 2024 10:54:15 IST |
| Karnataka High Court has held that an order passed by the Appellate Authority under Section 70 of the Chit Funds Act, 1982 is final and no appeal against such order shall lie before any Court. |
| CRIMINAL - Ker HC: Challenge to Protocol Mandating Sexual Offence Survivor to be Examined Only by Gynae. Dism. |
| Tue, 19 Mar 2024 10:54:05 IST |
| Kerala High Court has dismissed the petition that challenged Clause 6 of the Kerala Medico-legal Protocol for Examination of Survivor of Sexual Offences of 2019 and 2023 amendment made to it that made it mandatory for sexual offence survivors to be examined only by Gynaecologists. |
| SERVICE - SC: Source of Elevation Cannot be the Ground of Discrimination Between High Court Judges for Pension |
| Mon, 18 Mar 2024 15:13:35 IST |
| Supreme Court has held that for purposes of pensionary benefits, the source of elevation of retired High Court judges cannot be the ground of discrimination. |
| MOTOR VEHICLES - MP HC: Offending Vehicle Owner Entitled to Compensation Even if Security Not Furnished |
| Mon, 18 Mar 2024 15:13:24 IST |
| Madhya Pradesh High Court has held that the law does not allow the Motor Accidents Claims Tribunal to withhold a claim on the ground that the owner of the offending vehicle failed to furnish security. |
| FAMILY - Madhya Pradesh High Court: Throwing Out Wife from Matrimonial Home Amounts to Cruelty |
| Mon, 18 Mar 2024 15:13:13 IST |
| Madhya Pradesh High Court has held that if a lady has been ousted from her matrimonial house, then certainly it will have an impact on her mind amounting to mental cruelty and it would become a continuous offence and every day would give a fresh cause of action. |
| CUSTOMS - SC: Entry Bill of Subsequent Imported Goods to be Discarded if Undervalued to Previous Similar Goods |
| Mon, 18 Mar 2024 11:34:09 IST |
| Supreme Court has held that the transaction value mentioned in the bills of entry can be discarded in case it is found that there are any imports of identical goods or similar goods at a higher price at around the same time or if the buyers and sellers are related to each other. |
| CRIMINAL - Supreme Court: Prosecution Witness Identifying Accused at Police Station Not Proper TIP |
| Mon, 18 Mar 2024 11:33:59 IST |
| Supreme Court while acquitting the accused, has held that the process of prosecution witness identifying accused persons at the police station cannot be considered as proper Test Identification Parade (TIP). |
| TENANCY - SC: Tenants Possessing Watan Property on Tiller's Day Entitled to Purchase Watan Property |
| Mon, 18 Mar 2024 11:33:48 IST |
| Supreme Court has held that tenants that hold possession of Watan property on 'Tiller's Day' are entitled to purchase the tenanted property under the Maharashtra Revenue Patels (Abolition of Offices) Act, 1962. |
| CRIMINAL - SC: Bail Application Filed Through Advocate Not to be Considered Appearance of Absconding Accused |
| Mon, 18 Mar 2024 11:33:38 IST |
| Supreme Court has held that filing of an anticipatory bail through an advocate would not and could not be treated as an appearance before a court by a person against whom proceedings under Sections 82 and 83 of the Code of Criminal Procedure, 1973 are instituted. |
| MRTP/ COMPETITION LAWS - CCI Finds Google Play Store's Updated Billing Policy Violative of Competition Act |
| Mon, 18 Mar 2024 11:33:28 IST |
| Competition Commission of India has prima facie found Google Play Store's updated billing policy violative of provisions of Section 4(2)(a), 4(2)(b) and 4(2)(c) of the Competition Act, 2002. |
| FAMILY - Supreme Court: States Violating the Directions Issued to Expedite Adoption Process |
| Mon, 18 Mar 2024 11:33:16 IST |
| Supreme Court has observed that States are violating the previous directions issued by it in order to expedite the adoption process and has given the States last opportunity to comply with the same. |
| BANKING - SC: Court's Power to Grant Interim Compensation for Complaints u/s 143A of NI Act is Discretionary |
| Mon, 18 Mar 2024 11:33:05 IST |
| Supreme Court has held that it is at the discretion of the court to grant interim compensation in complaints filed under Section 143A of the Negotiable Instruments Act, 1881. |
| CRIMINAL - SC: Can't Grant Anticipatory Bail to Accused if Non-Bailable Warrant and Proclamation Pending |
| Fri, 15 Mar 2024 15:23:41 IST |
| Supreme Court has held that in cases where an accused against whom a non-bailable warrant is pending and the process of proclamation under Sections 82 or 83 of Code of Criminal Procedure, 1973 is issued, is not entitled to the relief of anticipatory bail. |
| SERVICE TAX - CESTAT: Service Tax Cannot be Levied on Incentives |
| Fri, 15 Mar 2024 15:23:29 IST |
| Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) while distinguishing between 'commission' and 'incentive' has held that service tax cannot be levied on incentives. |
| PROPERTY - MP HC: Co-defendants Must File Separate Suit Against Each Other for Dispute Over Suit Property |
| Fri, 15 Mar 2024 15:23:19 IST |
| Madhya Pradesh High Court has held that it is a settled law that the co-defendants cannot fight against each other as they cannot file a counterclaim against each other and will have to file separate suit for dispute over suit property. |
| CRIMINAL - All. HC: EMI of Personal Loan to be Added in Monthly Income for Determining Maintenance u/s 125 CrPC |
| Fri, 15 Mar 2024 15:23:07 IST |
| Allahabad High Court has held that in order to determine the monthly allowance payable to the wife under Section 125 of the Code of Criminal Procedure, 1973 the payment of monthly installments towards personal loan has to be added in the husband's monthly income. |
| CONSTITUTION - Madras High Court Dismisses Plea Seeking Inclusion of Gudugudupukarar Caste in ST List |
| Fri, 15 Mar 2024 15:22:55 IST |
| Madras High Court has held that the Presidential order of Scheduled Tribes (ST) list cannot be tinkered with by the Court. The National Commission for Scheduled Tribes has the authority to consider whether a particular tribe comes under the parameters of a particular Scheduled Tribe. |
| EDUCATION - Kar. HC: Board Exams Proposed to be Conducted for Classes 5 to 9 and 11 are in Student's Interest |
| Fri, 15 Mar 2024 15:22:44 IST |
| Karnataka High Court has observed that no student or parent has come before the court because conducting the exam is in their interest and if the exam is to be quashed now, the respective schools will have to draw the exams for the students. |
| ELECTION - Electoral Bonds Data Uploaded on Election Commission of India's Website |
| Fri, 15 Mar 2024 11:17:09 IST |
| The Election Commission of India has uploaded on its website data related to electoral bonds that was supplied by the State Bank of India. |
| ELECTION - High-Level Committee Submits its Report on 'One Nation, One Election' |
| Fri, 15 Mar 2024 11:16:58 IST |
| A High-Level Committee appointed by the Union has submitted its report on 'one nation, one election' and has suggested general elections to the House of the People and all State Legislative Assemblies to be held together simultaneously. |
| DIRECT TAXATION - Del. HC: Irish Company Providing Services to its Indian Counterpart Not Technical Services |
| Fri, 15 Mar 2024 11:16:47 IST |
| Delhi High Court while quashing the order that denied zero or lower TDS certificate, has held that an Irish company providing services to its Indian counterpart cannot be considered as technical services. |
| CRIMINAL - Del. HC: Cannot Quash ED Summons Only Because it Lacks Relevant Documents Required For Investigation |
| Fri, 15 Mar 2024 11:16:36 IST |
| Delhi High Court has held that if the Enforcement Directorate (ED) issues summons, they cannot be quashed merely on the ground that relevant documents required for the purpose of investigation or confrontation with the petitioner, have not been specified in the summons. |
| CIVIL - Del. HC: Bloomberg's Appeal Against Trial Court Order Rejected |
| Fri, 15 Mar 2024 11:16:24 IST |
| Delhi High Court while dismissing Bloomberg's appeal, has upheld the trial court's order that directed Bloomberg to take down an article on Zee Entertainment Enterprises Limited that was allegedly defamatory. |
| EXCISE - Del. HC: Can't Sustain Clandestine Removal and Under Valuation Based on Assumptions and Presumptions |
| Fri, 15 Mar 2024 11:16:12 IST |
| Delhi High Court has held that charges of clandestine removal and undervaluation in the absence of direct, credible evidence cannot be sustained merely on the grounds of assumptions and presumptions. |
| FAMILY - All. HC: Mandatorily Pass Order to Disclose Assets and Liabilities in Maintenance Proceedings |
| Fri, 15 Mar 2024 11:16:01 IST |
| Allahabad High Court has directed all Presiding Officers dealing with maintenance proceedings in the State to pass orders making it mandatory for the parties to file affidavits for disclosing assets and liabilities. |
| SERVICE - SC: States to Inform About Steps Taken to Regularise Special Teachers Engaged on Contractual Basis |
| Thu, 14 Mar 2024 15:17:18 IST |
| Supreme Court has asked all the States to disclose information regarding the steps taken in order to regularise the services of special teachers engaged on a contractual basis. |
| SERVICE - SC: Court's Interference in Employee's Transfer Without Violation of Statutory Provision is Impermiss |
| Thu, 14 Mar 2024 15:17:06 IST |
| Supreme Court has held that unless the decision of employee's transfer is vitiated by mala fides or infraction of any professed norm there are no judicially manageable standards for scrutinising all transfers and courts lack necessary expertise for personnel management of all government departments. |
| CRIMINAL - Bombay HC: Proceedings Related to SC/ST Act Must be Video Recorded Even if Held in Open Court |
| Thu, 14 Mar 2024 15:16:55 IST |
| Bombay High Court has held that it would be necessary to video record any proceeding relating to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) even though the proceedings are held in open court. |
| LABOUR AND INDUSTRIAL - Supreme Court: Workers Performing Perennial/Permanent Nature of Work Not Contractual Workers |
| Thu, 14 Mar 2024 11:17:27 IST |
| Supreme Court while granting regularization to workers, has held that workers involved in performing perennial/permanent nature of work cannot be considered as contract workers under Contract Labour (Regulation & Abolition) Act, 1970. |
| CONSTITUTION - President Assents Uttarakhand Uniform Civil Code Bill, 2024 |
| Thu, 14 Mar 2024 11:17:14 IST |
| The Uttarakhand Uniform Civil Code Bill, 2024 has received assent by the President of India Droupadi Murmu. The bill was tabled in the Uttarakhand Legislative Assembly on 6th February, 2024. |
| LAW OF EVIDENCE - Del. HC: Dept. Enquiry Against Sameer Wankhede Won't Rely on Evidence Recorded In Special Enquiry |
| Thu, 14 Mar 2024 11:17:02 IST |
| Delhi High Court in the Cordelia cruise drugs case has clarified that the departmental enquiry to be held against Sameer Wankhede will not rely on the evidence recorded in the Special Enquiry Team. |
| FAMILY - Delhi High Court: Step-Father Acquitted on Ground of Victim's Testimony Being Tutored |
| Thu, 14 Mar 2024 11:16:50 IST |
| Del. HC while acquitting a step-father who was earlier convicted under Protection of Children from Sexual Offences Act, 2012, has stated that victim's testimony did not inspire much confidence as she had claimed in her cross-examination that testimony was given at the behest of her grandmother. |
| SERVICE - Del. HC: Women Working on Contractual Basis Also Entitled to Benefits Under Maternity Benefit Act |
| Thu, 14 Mar 2024 11:16:39 IST |
| Delhi High Court has observed that women working on a contractual basis are also entitled to benefits under the Maternity Benefit Act, 1961 even if the benefits are claimed beyond the period of contractual engagement. |
| CRIMINAL - SC: Criminal Proceedings Which Are of Civil Nature Should be Quashed by HC Without Hesitation |
| Wed, 13 Mar 2024 14:56:36 IST |
| Supreme Court has held that although the inherent powers of a High Court under Section 482 of the Code of Criminal Procedure should be exercised sparingly yet the High Court must not hesitate in quashing such criminal proceedings which are essentially of a civil nature. |
| SERVICE - Supreme Court Collegium: Cannot Consider Political Background Sufficient Reason to Deny Judgeship |
| Wed, 13 Mar 2024 14:56:26 IST |
| Supreme Court Collegium while evaluating the suitability of Shri Manoj Pulamby Madhavan as Judge of Kerala High Court, has stated that the mere fact that the candidate has had a political background may not be a sufficient reason in all cases to deny judgeship. |
| CRIMINAL - Bom HC: Special Authorization from State Not Required if ASP Wants to Raid Suspected Gambling Houses |
| Wed, 13 Mar 2024 14:56:16 IST |
| Bombay High Court has held that the Assistant Superintendent of Police (ASP) does not have to seek the authorization of the State Government in order to conduct a raid on suspected gambling houses under the Maharashtra Prevention of Gambling Act, 1887. |
| SERVICE - Madras High Court: 'Thumbs Up' Emoji on Murder News Doesn't Denote Celebrating the Murder |
| Wed, 13 Mar 2024 14:56:05 IST |
| Madras High Court has held that sharing the 'thumbs up' symbol could never be considered to be a celebration of the brutal murder and could also be construed to be an alternative acknowledgment of the fact that the message had been seen. |
| CRIMINAL - SC: Police Officers Submitting Chargesheets Must Abide by Requirements Given u/s 173(2) of CrPC |
| Wed, 13 Mar 2024 10:49:04 IST |
| Supreme Court has held that police officers while discharging their duties regarding submission of chargesheets must comply with the mandatory requirements as have been laid down under Section 173(2) of Code of Criminal Procedure, 1973. |
| ADMINISTRATIVE - Supreme Court: Unnecessary Intervention Should be Avoided by Judiciary in Administrative Decisions |
| Wed, 13 Mar 2024 10:48:52 IST |
| Supreme Court has held that the judiciary must exercise restraint and avoid unnecessary intervention qua administrative decision(s) of the executive involving specialised expertise in the absence of any mala-fide and/or prejudice. |
| INTELLECTUAL PROPERTY RIGHTS - Del. HC: Dish TV Not Entitled to Protection u/s 30(2) of Trade Marks Act for Using the Word 'Dish' |
| Wed, 13 Mar 2024 10:48:40 IST |
| Delhi High Court has held that Dish TV India Limited cannot seek protection under Section 30(2) of the Trade Marks Act, 1999 for using the word 'Dish' as it is generic in nature and is a common English word over which monopoly cannot be permitted. |
| CRIMINAL - Madras HC: Voluntary Surrender of Accused Can't be Accepted by Magistrate Who Lacks Jurisdiction |
| Wed, 13 Mar 2024 10:48:28 IST |
| Madras High Court has held that where the accused voluntarily surrenders before the Magistrate, such surrender should not be accepted by the Magistrate if he lacks jurisdiction. |
| FAMILY - MP HC: Maintenance Can't be Sought by Woman from Second Marriage if First Marriage Subsists |
| Wed, 13 Mar 2024 10:48:17 IST |
| Madhya Pradesh High Court has held that a woman, having solemnized second marriage to another person is not entitled to maintenance under Section 125 of the Code of Criminal Procedure, 1973 when her first marriage still subsists. |
| CRIMINAL - Supreme Court: Guns Should Not be Used for Celebratory Firing During Marriages |
| Tue, 12 Mar 2024 15:34:10 IST |
| Supreme Court while calling out the exercise of using guns for celebratory firing during a marriage ceremony which caused the death of an individual, has expressed that the act of celebratory firing during marriage ceremonies is an unfortunate yet prevalent practise in our nation. |
| CRIMINAL - SC: Sexual Harassment Committed in a Room Requires Closer Scrutiny for Deciding Conviction/Acquittal |
| Tue, 12 Mar 2024 15:33:59 IST |
| SC has held that sexual harassment committed within the confines of a room requires closer scrutiny and if doubt arises in the Court's mind regarding the veracity of the victim's version, the Court may, at its discretion, seek corroboration from other witnesses who directly observed the incident. |
| CUSTOMS - Cal. HC: Supplementary Show Cause Notice an Independent Notice Even if it Relates to Smuggling Case |
| Tue, 12 Mar 2024 15:33:49 IST |
| Calcutta High Court has held that even though the term supplementary show cause notice has the word supplementary attached to it, it is actually an independent notice even when it is related to a case of smuggling. |
| BANKING - Kar. HC: Revision Petition Against Order Passed u/s 148(3) of NI Act Not Maintainable Before HC |
| Tue, 12 Mar 2024 15:33:38 IST |
| Karnataka High Court has held that a revision petition filed for release of interim compensation against an order under Section 148 (3) of the Negotiable Instruments Act (NI Act) is not maintainable before the High Court. |
| CIVIL - Karnataka High Court: In a Suit for Title, Party Should Clearly Disclose the Right to Sue |
| Tue, 12 Mar 2024 11:05:23 IST |
| Karnataka High Court has held that in a suit for declaration of title, if there is failure on the part of the party to disclose a clear right to sue, the suit shall deserve to be rejected. |
| CONSTITUTION - SC: No Counselling to be Done to Influence Sexual Orientation of Person During HC Proceedings |
| Tue, 12 Mar 2024 11:05:13 IST |
| Supreme Court has issued caution regarding counseling of detenue suggested by High Courts in Habeas Corpus (HC) Proceedings and has stated that no attempt should be made to influence the sexual orientation of an individual during such proceedings. |
| MEDIA AND COMMUNICATION - Bombay High Court's Third Judge Opines in 2023 IT Rules Amendment Case |
| Tue, 12 Mar 2024 11:05:03 IST |
| The third Judge in the 2023 IT Rules Amendment Case while refusing to stay Central government notification for forming Fact Check Units has opined that no case is made out to direct the Centre to continue its statement and not notify the Fact Check Unit. |
| FAMILY - Karnataka High Court: Daughter-In-Law Can't Lay Maintenance Claim Against Parents-In-Law |
| Tue, 12 Mar 2024 11:04:52 IST |
| Karnataka High Court has held that under Section 125 of the Criminal Procedure Code, 1973 a daughter-in-law cannot seek maintenance from her parents-in-law. |
| CONSTITUTION - Citizenship Amendment Act Implemented After 5 Years of its Parliamentary Approval |
| Mon, 11 Mar 2024 18:23:23 IST |
| Centre has implemented the Citizenship Amendment Act (CAA), five years after it was passed in Parliament. |
| ELECTION - SC: SBI's Application for Extension of Time for Furnishing Electoral Bonds Details Dismissed |
| Mon, 11 Mar 2024 15:36:35 IST |
| Supreme Court has dismissed the State Bank of India's (SBI) application that was filed for an extension of time for furnishing electoral bond details on the ground that necessary information is readily available with the bank. |
| CIVIL - Bombay High Court: Pardanashin Woman Allowed to Amend Written Statement |
| Mon, 11 Mar 2024 15:36:24 IST |
| Bombay High Court has allowed a pardanashin woman to amend her written statement on the ground that the woman was illiterate and was unable to understand the pleadings. |
| CIVIL - Kar. HC: SHRC Can Only Suggest State Government Regarding Action Against Policemen |
| Mon, 11 Mar 2024 15:36:12 IST |
| Karnataka High Court has restated that the State Human Rights Commission (SHRC) can only suggest State Government to act against policemen and lacks the right to pass any direction. |
| CRIMINAL - Meghalaya High Court: Trial Court Should Adopt Procedure Understandable by Illiterate Person |
| Mon, 11 Mar 2024 15:36:00 IST |
| Meghalaya High Court has observed that the trial court while performing its duty under Section 313 of the Code of Criminal Procedure, 1973, should adopt procedures that are understandable by an illiterate person. |
| CIVIL - Ker HC: Amusement Parks, Temporary or Permanent, Should be Established With Proper Adherence of Law |
| Mon, 11 Mar 2024 15:35:50 IST |
| Kerala High Court has held that amusement parks be that temporary or permanent will have to adhere to every requirement in law, particularly safety criteria, because if any mishap is to happen, it would have a cataclysmic effect. |
| CONSTITUTION - SC: Article 20 Doesn't Restrain Court from Imposing Lesser Punishment According to New Enforced Law |
| Mon, 11 Mar 2024 11:26:13 IST |
| Supreme Court has held imposition of lesser punishment by courts, according to a new law that was enforced after the date of committing an offence, cannot be restrained under Article 20(1) of the Constitution of India. |
| CRIMINAL - Supreme Court: Cannot Describe Criticizing Abrogation of Article 370 of Constitution, as an Offence |
| Mon, 11 Mar 2024 11:26:01 IST |
| Supreme Court has held that every citizen of India has a right to be critical of the action of abrogation of Article 370 of the Constitution of India and every criticism or protest of the actions of the State cannot be held as an offence. |
| INTELLECTUAL PROPERTY RIGHTS - Delhi High Court: Cannot Compromise Individual's Right to Use His or Her Name for Own Goods |
| Mon, 11 Mar 2024 11:25:49 IST |
| Delhi High Court has held that an individual's right to use his/her name for their own goods cannot be compromised as it would result in infringement of right to use their name as an identity marker and would be unconstitutional. |
| CRIMINAL - Del. HC: Confessional Statement u/s 50 of PMLA Can Only be Used for Corroboration of Evidence |
| Mon, 11 Mar 2024 11:25:37 IST |
| Delhi High Court has held that confessional statement under Section 50 of Prevention of Money-Laundering Act, 2002 (PMLA) can only be used for corroboration in support of other evidence and cannot be considered as substantive evidence. |
| FAMILY - Delhi HC: Educational Certificates & Degrees of Students Should Contain Names of Both Parents |
| Mon, 11 Mar 2024 11:25:26 IST |
| Delhi High Court has held that it is retrogressive if educational certificates, degrees and other such documents reflect the name only of the father of a candidate, eliminating the name of the mother. The names of both parents should necessarily be reflected on the body of the certificate. |
| MOTOR VEHICLES - SC Enhances Compensation in Accident Case on Ground that Decd. was Earning Income From Multiple Jobs |
| Thu, 07 Mar 2024 15:57:17 IST |
| SC has enhanced the compensation granted in a motor accident claim after taking note of the fact that the deceased was deriving income from multiple jobs and observed that compensation paid to the claimant cannot be determined with mathematical precision, but should be just and fair. |
| CRIMINAL - SC Denies Anticipatory Bail to a Police Officer |
| Thu, 07 Mar 2024 15:57:04 IST |
| Supreme Court has denied pre-arrest/anticipatory bail to a police officer who failed to discharge its fundamental duty as a police officer of carrying forward the investigation to its rightful conclusion to punish the guilty. |
| CRIMINAL - 'No Promise To Marry When Relations Started, She Was Already Married': SC Quashes Rape Case |
| Thu, 07 Mar 2024 15:56:52 IST |
| Supreme Court has quashed a criminal case against a man accused of raping a woman on the false pretext of marriage on ground that when the relationship started, the woman was already married and that there was no promise to marry. |
| CRIMINAL - MP HC: When Prosecution Case Based on Police Witnesses, Their Testimonies Subject to Strict Scrutiny |
| Thu, 07 Mar 2024 15:56:37 IST |
| While setting aside the conviction in a rioting case of 2016 where police authorities themselves were the complainants, the Madhya Pradesh High Court has observed that when a prosecution case rests solely upon police witnesses, their testimonies will be subjected to strict scrutiny. |
| CIVIL - SC: 'Ghee' Must be Considered As 'Product of Livestock' in Notified Market Areas of AP |
| Thu, 07 Mar 2024 10:43:49 IST |
| Supreme Court while dismissing the challenge to 1994 Andhra Pradesh Notification has held "ghee" to be a "product of livestock" for the purposes of regulation of its purchase and sale in all notified market areas of Andhra Pradesh (AP). |
| LAW OF MEDICINE - SC: Hospital's Registration Can Be Cancelled, Only if, It Is Necessary in Public Interest |
| Thu, 07 Mar 2024 10:43:36 IST |
| SC has held that suspension/cancellation of registration of Hospital/Clinic under Sec. 20(3) of Pre-Conception and Pre-Natal Diagnostic Techniques (Regulation & Prevention of Misuse) Act, 1994 is allowed only when the Appropriate Authority believes that it is necessary to do so in public interest. |
| CRIMINAL - SC: Conviction Based on Dying Declaration Can be Sustained if it Inspires Confidence |
| Thu, 07 Mar 2024 10:43:24 IST |
| Supreme Court has held that the conviction of the accused, solely based on the dying declaration, can be sustained if the declaration made by the victim inspires the confidence of the court and proves to be trustworthy. |
| SERVICE - Supreme Court: Court Should Be Cautious While Interfering with the Decision of Recruitment Agencies |
| Thu, 07 Mar 2024 10:43:12 IST |
| SC while observing that courts have to be cautious in dealing with the recruitment process adopted by recruitment agency has held that merely because a recruitment agency is not in a position to satisfy the Court, relief cannot be extended to a deprived candidate. |
| CRIMINAL - Supreme Court Quashes SC/ST Act Case Registered Against Man Over Suicide of His Junior |
| Thu, 07 Mar 2024 10:42:57 IST |
| Supreme Court while quashing a 22-year-old criminal case against a person for allegedly abetting the suicide of a Scheduled Caste person who was working as his junior has observed that deceased was frustrated due to work pressure and so, no offence of abetment to suicide made out against Accused. |
| ENVIRONMENT - SC Constitutes Committee to Examine Issue of Safaris in Tiger Reserves & National Parks |
| Thu, 07 Mar 2024 10:42:43 IST |
| Supreme Court has directed the constitution of a committee to decide the issue of safaris within Tiger reserves, national parks, and wildlife sanctuaries. |
| SERVICE - MP HC: Employees WhatsApp Groups Are Private, Forwarded Message Not Personal Opinion |
| Thu, 07 Mar 2024 10:42:30 IST |
| MP HC while observing that messages sent in a private group of employees have nothing to do with the office work of the government has quashed a suspension order and chargesheet against an employee who allegedly forwarded an objectionable political message to the group. |
| SERVICE - Madras HC: Discipline is of Paramount Consideration in Military Services |
| Thu, 07 Mar 2024 10:42:16 IST |
| Madras High Court while hearing a plea against an order of Central Administrative Tribunal upholding a driver's removal from service has observed that in military services, the paramount consideration was towards discipline and any lenient view would cause organisational disorder. |
| CIVIL - All. HC Directs Govt. to Provide EWS Accommodation to All Slum Dwellers & Shift Them By Mar. 31 |
| Thu, 07 Mar 2024 10:42:03 IST |
| In a Lucknow-Akbarnagar demolition case, Allahabad High Court has directed the State Government to ensure that all persons from Akbar Nagar slums must be rehabilitated and provided with accommodation by March 31st. |
| EDUCATION - Kar. HC Quashes Govt. Order Appointing KSEAB as Authority to Hold Annual School Exams |
| Thu, 07 Mar 2024 10:41:49 IST |
| Karnataka HC has quashed the notifications issued by the State Government appointing Karnataka School Examination & Assessment Board (KSEAB) as the competent authority to conduct SA-2 exams for classes 5th, 8th & 9th and annual exams for class 11th for government, aided & unaided schools/colleges. |
| CRIMINAL - Calcutta High Court to West Bengal Govt.: Handover Shahjahan Sheikh To CBI |
| Thu, 07 Mar 2024 10:41:36 IST |
| Calcutta High Court has told the State government to immediately hand over the custody of Shahjahan Sheikh, prime accused in the attacks on ED officials at Sandeshkhali, to the CBI. |
| FAMILY - Delhi High Court: Husband Asking Wife to do Household Work, Not Cruelty |
| Wed, 06 Mar 2024 15:20:47 IST |
| Delhi High Court has observed that if a married woman is asked to do household work, the same cannot be equated to the work of a maidservant and shall not amount to cruelty. |
| FAMILY - Calcutta HC: Replacement of Child's Biological Father's Surname With Step-Father's Name Allowed |
| Wed, 06 Mar 2024 15:20:36 IST |
| Calcutta HC has held that with change in circumstances, entry in respect of father of minor child has to be taken as improper and liable to be rectified and records are to be corrected. If a necessary alteration is not done, then child may have to face several embarrassing situations in the future. |
| CRIMINAL - Bombay High Court: Reading Communist or Naxal Literature Doesn't Constitute Offence Under UAPA |
| Wed, 06 Mar 2024 15:20:25 IST |
| Bombay High Court has held that reading or sympathizing with literature that contains Communist or Maoist philosophy does not constitute an offence under the Unlawful Activities Prevention Act (UAPA). |
| CONSTITUTION - Madras High Court: Rape Accused Who Was Later Acquitted Has a 'Right to be Forgotten' |
| Wed, 06 Mar 2024 15:20:14 IST |
| Madras High Court has held that the principle of 'Right to be Forgotten' shall be applicable to a person who has been accused of rape and later acquitted as courts being service institutions cannot close their eyes to the concerns of privacy of an individual. |
| ELECTRICITY - HP High Court: State Not Competent to Enact Law on Levy of Cess on Water Usage for Electricity |
| Wed, 06 Mar 2024 15:20:04 IST |
| Himachal Pradesh High Court has held that the matter related to the levy of cess on water usage for electricity generation is beyond the legislative competence of the State Government in terms of Articles 246 and 265 of the Constitution of India. |
| LAW OF EVIDENCE - Supreme Court: Parties Cannot Lead Evidence Beyond Pleadings |
| Wed, 06 Mar 2024 11:22:37 IST |
| Supreme Court has held that there is no quarrel with the proposition of law that no evidence could be led beyond pleadings. |
| FAMILY - Supreme Court Grants Custody of Minor to Aunt, Says Personal Laws Can't Supersede Child's Welfare |
| Wed, 06 Mar 2024 11:22:25 IST |
| Supreme Court while granting a minor's custody to her aunt, has held that the statutory provisions dealing with the custody of the child under any personal law cannot and must not supersede the paramount consideration as to what is conducive to the welfare of the minor. |
| CIVIL - SC: Written Statement Should Have Specific Admission and Denial of Pleadings in Plaint |
| Wed, 06 Mar 2024 11:22:15 IST |
| Supreme Court has held that Order VIII Rules 3 and 5 of Code of Civil Procedure, 1908 provides for specific admission and denial of the pleadings in the plaint. A general or evasive denial is not treated as sufficient. |
| DIRECT TAXATION - J&K HC: Valuation of Leasehold Interest in Land Can be Done Since it is an Asset to the Company |
| Wed, 06 Mar 2024 11:22:04 IST |
| Jammu and Kashmir and Ladakh High Court has held that valuation of leasehold interest in land can be done as it is an asset of the company. |
| BANKING - SC: Can't Claim Refund of Interest Amount if Loan Amount Paid With Decided Rate of Interest |
| Tue, 05 Mar 2024 15:35:27 IST |
| Supreme Court has held that if a person has executed an agreement and repaid the loan amount obtained with the interest as per the terms of the agreement then he cannot claim refund of the same on the ground that a higher rate of interest is being charged by Non-Banking Financial Company. |
| CRIMINAL - SC: Can't Sustain Case Under Karnataka Cow Slaughter Act if Sample Collected by Unauthorised Officer |
| Tue, 05 Mar 2024 15:35:17 IST |
| Supreme Court has held that if a sample of the meat has been collected by an officer who is not authorized under law to do so, then a case under Karnataka Prevention of Cow Slaughter and Cattle Preservation Act, 1964 will not sustain. |
| CRIMINAL - Supreme Court Directs State of UP to File Details Uploaded on E-module as Prepared by NIC |
| Tue, 05 Mar 2024 15:35:07 IST |
| Supreme Court has directed the State of Uttar Pradesh to file an affidavit furnishing the details they have uploaded so far, in relation to the convict, on the e-module as prepared by the National Informatics Centre (NIC). |
| LABOUR AND INDUSTRIAL - Karnataka High Court: Regularisation of Workmen Will Depend on Work Done For Corporation |
| Tue, 05 Mar 2024 15:34:57 IST |
| Karnataka High Court while dismissing the order of regularisation by the Industrial Tribunal, has held that the claim of regularisation is not dependent on appointment orders but is based on the actual work done for the Corporation. |
| EDUCATION - SC: Open Schools Recognized by CBSE Shall be Recognized by National Medical Council For NEET |
| Tue, 05 Mar 2024 10:58:00 IST |
| Supreme Court has held that open schools recognized by Central Board of Secondary Education (CBSE) and State Education Boards shall be recognized by the National Medical Council for the purpose of taking the National Eligibility-cum-Entrance Test (NEET) Examination. |
| ELECTION - Delhi High Court: First-Come-First-Serve Criteria Under Election Symbols Order, 1968 Upheld |
| Tue, 05 Mar 2024 10:57:48 IST |
| Delhi High Court has upheld the criteria of 'First-Come-First-Serve' that allots free symbol to an unrecognized political party under the Election Symbols (Reservation and Allotment) Order, 1968. |
| CRIMINAL - Kerala High Court: Bail Application Allowed on Ground of Procedural Infraction by Detecting Officer |
| Tue, 05 Mar 2024 10:57:37 IST |
| Kerala High Court while granting bail to the accused for possessing narcotic substances, has held that when a detecting officer does not follow a mandatory procedure it causes prejudice to the accused. |
| MEDIA AND COMMUNICATION - MeitY: Social Media Intermediaries to Take Permission Before Launching AI Products in Country |
| Mon, 04 Mar 2024 16:08:48 IST |
| Ministry of Electronics and Information Technology (Meity) has issued advisory to social media intermediaries and artificial intelligence platforms and has asked them to seek permission before launching Artificial Intelligence products in the country. |
| MEDIA AND COMMUNICATION - NBDSA Imposes Penalty on Several News Channels for Spreading Communal Hatred |
| Mon, 04 Mar 2024 16:08:38 IST |
| News Broadcasting & Digital Standards Authority (NBDSA), has taken action against news channels like Times Now Navbharat, News 18 India and has imposed penalty for showing television programs that spread communal hatred and disharmony. |
| MEDIA AND COMMUNICATION - NBDSA Issue Guidelines For Broadcasting Information Related to LGBTQIA+ Community |
| Mon, 04 Mar 2024 16:08:28 IST |
| News Broadcasting & Digital Standards Authority (NBDSA) issued guidelines with regard to broadcasting information related to the LGBTQIA+ community which stated that reporting should not sensationalize or create panic, distress or undue fear among viewers. |
| CIVIL - Gauhati High Court Frames Policy For Persons With Disabilities |
| Mon, 04 Mar 2024 16:08:16 IST |
| Gauhati High Court has framed the 'Equal Opportunity Policy for Persons with Disabilities' in order to avoid discrimination and harassment taking place with persons with disabilities and to enable them to effectively discharge their duties. |
| GOODS AND SERVICES TAX - All. HC: Bail Granted to Assessee Since Proceedings u/s 70 and 74 of GST Act Pending for Too Long |
| Mon, 04 Mar 2024 16:08:06 IST |
| Allahabad High Court while granting bail to an assessee who had availed excess input tax credit, has stated that since the proceedings under Section 70 and 74 of Goods and Service Tax Act, 2017 (GST Act) have been taking a considerable time, denial of bail will lead to prolonged judicial custody. |
| CRIMINAL - Kar. HC: Deflection From Terms of Compromise Will Lead to Re-Imposition of Conviction Order |
| Mon, 04 Mar 2024 16:07:56 IST |
| Karnataka High Court has held that when a person has been convicted under the Negotiable Instruments Act, 1881 and such conviction is set aside on the ground of him offering settlement then if the convict diverts from the terms of compromise it shall lead to restoration of conviction. |
| CRIMINAL - SC: Words Spoken in Anger Without Any Intention to Abet Suicide, Not Criminal Instigation |
| Mon, 04 Mar 2024 11:42:49 IST |
| Supreme Court has held that a word uttered in a fit of anger or emotion without intending the consequences to actually follow cannot be said to be instigation and to convict a person under Section 306 Indian Penal Code there has to be a clear mens rea to commit the offence. |
| NARCOTICS - SC: Can't Convict Accused For Keeping Narcotics if Mandate u/s 52 of NDPS Act Not Fulfilled by Police |
| Mon, 04 Mar 2024 11:42:39 IST |
| Supreme Court has held that if no proceedings under Section 52A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) are undertaken by the Investigating Officer then the accused cannot be convicted for possessing narcotics and psychotropic substances. |
| CIVIL - Supreme Court: Granting Decree of Specific Performance is Discretionary |
| Mon, 04 Mar 2024 11:42:28 IST |
| Supreme Court has held that granting a decree of specific performance is discretionary and that discretion should be based on equitability. |
| ARBITRATION - SC: Amend Arbitration Act For Prescribing Limitation Period For Applications u/s 11 of the Act |
| Mon, 04 Mar 2024 11:42:17 IST |
| Supreme Court has held that Parliament should take into consideration the amendment of the Arbitration and Conciliation Act, 1996 as there is no statutory prescription in the Act that defines the period of limitation for applications that are filed under Section 11 of the Act. |
| FAMILY - SC: Legal Representatives Not Responsible to Discharge Contractual Obligations of Deceased |
| Mon, 04 Mar 2024 11:42:06 IST |
| Supreme Court has held that in the case of a personal obligation imposed on deceased, his estate doesn't become liable and therefore, the legal representatives who represent the estate of the deceased would not be liable and can't be directed to discharge the contractual obligations of the deceased. |
| CONSTITUTION - Supreme Court: MPs/MLAs Cannot Claim Immunity Under Constitution of India For Receiving Bribe |
| Mon, 04 Mar 2024 11:41:55 IST |
| Supreme Court has held that Members of Parliament and Legislative Assemblies cannot claim immunity under Articles 105(2) and 194(2) of the Constitution of India for obtaining bribe in relation to a speech or vote in the house. |
| FAMILY - Delhi High Court: Wife Igniting Animosity and Hostility in Child Against Father Amounts to Cruelty |
| Mon, 04 Mar 2024 11:41:44 IST |
| Delhi High Court has held that the act of the aggrieved wife of igniting animosity and hostility in the minor child against the father is not only an act of extreme cruelty to the father but also gross inhumanity to the child. |
| RIGHT TO INFORMATION - Del. HC: Order of CIC Directing CBDT to Give Information Regarding Ram Janmabhoomi Trust Set Aside |
| Fri, 01 Mar 2024 14:56:50 IST |
| An order passed by the Chief Information Commission (CIC) that directed the Central Board of Direct Taxes (CBDT) to provide information regarding Shri Ram Janmabhoomi Teerth Kshetra Trust that has been set by the Centre, has been set aside by the Delhi High Court. |
| PROPERTY - Ker HC: In Non-Performance of Agreement, Buyer to Get Charge Over Property For Paying Purchase Price |
| Fri, 01 Mar 2024 14:56:38 IST |
| Kerala High Court has held that where the non-performance is not due to fault of the buyer and seller, or where both are at blame/default, it cannot be said that buyer has improperly declined to accept delivery and hence he is entitled to charge over property for purchase price paid and interest. |
| CRIMINAL - MP HC: Power Exercised u/s 319 of CrPC Must Come Before Acquittal Order in Case of Joint Result |
| Fri, 01 Mar 2024 14:56:25 IST |
| Madhya Pradesh High Court has observed that if an order has to be made in the exercise of powers under Section 319 of the Code of Criminal Procedure (CrPC) then it can be made only before the pronouncement of an order that acquits person involved in trials leading to joint results. |
| ELECTION - Tel. HC: Constitutional Validity of Section 38(2) of RP Act and Rule 5.7.1 of ECI's Handbook Upheld |
| Fri, 01 Mar 2024 14:56:14 IST |
| Telangana High Court has upheld the constitutional validity of Section 38(2) of the Representation of the People Act, 1951 (RP Act) and Rule 5.7.1 of the Election Commission of India's (ECI) Handbook for Candidates which relate to the preparation of the list of candidates validly nominated. |
| CONTRACT - Supreme Court: Distributor Not An Agent But An Independent Contractor |
| Fri, 01 Mar 2024 10:16:50 IST |
| SC has held that legal position of a distributor is generally different from an agent. Distributor buys goods on his account and sells them in his territory and in such cases becomes an independent contractor who is free from employer's control but an agent isn't completely free from that control. |
| DIRECT TAXATION - Rajasthan High Court: Accrual Time For Taxing Income to Be Postponed Till Dispute's Adjudication |
| Fri, 01 Mar 2024 10:16:38 IST |
| Rajasthan High Court has held that the time of accrual for taxing income gets postponed till the dispute is adjudicated by the Civil Court. |
| SERVICE - Rajasthan High Court: Reinstate Ayurvedic Doctors Who Haven't Attained 62 Years of Age |
| Fri, 01 Mar 2024 10:16:22 IST |
| Rajasthan High Court has directed that those ayurvedic doctors who have been superannuated on attaining the age of 60 years but have not completed the age of 62 years, be reinstated in service. |