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Introduction: The Allahabad High Court has directed a woman investigating officer to remain in the custody of the Court until 4 PM and deposit ₹5,000 in the Army Welfare Fund after she admitted that she had mistakenly failed to seize the accused’s mobile phone during the investigation of a case involving allegations of editing and […]
Introduction: The Kerala High Court has reiterated an important principle governing the functioning of constitutional courts: all Judges of a High Court enjoy equal judicial status and authority, and no Bench can claim supervisory power over another merely because it has a greater number of Judges. The Court emphasised that while a Division Bench exercising […]
Introduction: The Bombay High Court has held that removing a child’s undergarment with sexual intent can constitute an attempt to commit sexual assault under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), even when the accused does not proceed to any further act. The Court clarified that where the prosecution establishes the […]
Introduction: The Allahabad High Court has taken note of the Uttar Pradesh government’s proposal to introduce guidelines for recording the age of children at the time of school admission, following concerns about alleged inaccuracies in school age certificates being used in criminal proceedings under the Protection of Children from Sexual Offences (POCSO) Act, 2012. The […]
Introduction: The Gujarat High Court has quashed a criminal case alleging matrimonial cruelty against a mother-in-law, holding that Section 498A of the Indian Penal Code (IPC) could not be invoked in the circumstances because the complainant’s earlier marriage was still legally subsisting when she married the applicant’s son. Justice P. M. Raval held that the […]
Introduction: The Allahabad High Court has held that even serious allegations of fraud, fabrication and misuse of signatures do not authorise a writ court exercising jurisdiction under Article 226 of the Constitution to conduct a full-fledged trial into disputed questions of fact. The Court observed that a writ proceeding cannot ordinarily be transformed into a […]
Introduction: The High Court of Jammu & Kashmir and Ladakh has upheld the rejection of default bail to three accused persons prosecuted under the Unlawful Activities (Prevention) Act, 1967 (UAPA), holding that an investigation does not become incomplete merely because the investigating agency continues to examine the accused persons’ possible links with slain or absconding […]
Introduction: The Karnataka High Court has reiterated that the use of abusive, offensive or intemperate language does not automatically attract criminal liability for intentional insult or criminal intimidation. In the absence of allegations establishing the essential ingredients of the offences, the mere assertion that an accused person used abusive words or threatened someone with “dire […]
Introduction: The Supreme Court of India has held that a public authority may reconsider and cancel an auction before the conclusion of a binding contract if doing so is necessary to secure a better price for public property. The Court clarified that a bidder does not acquire an indefeasible right to the property merely by […]
Introduction: The Supreme Court of India has reiterated an important principle of property law: where a plaintiff’s title to immovable property is seriously disputed and the defendant relies on a registered sale deed to establish ownership, a mere suit for recovery of possession may not be sufficient. In such circumstances, the plaintiff must seek appropriate […]
Introduction: The High Court of Jammu & Kashmir and Ladakh at Jammu has ruled that the Government cannot promise permanent public employment to individuals in exchange for land donated for public projects, nor can it bypass constitutional recruitment requirements by engaging people as casual workers and subsequently regularising their services through a policy. Describing the […]
Introduction: The Madhya Pradesh High Court has held that a husband’s application seeking restitution of conjugal rights under Muslim law cannot, by itself, constitute a valid ground for quashing criminal proceedings initiated by his wife over allegations of cruelty and dowry harassment. Dismissing a petition filed by a husband seeking to quash a First Information […]
Introduction: The Delhi High Court has underscored the constitutional importance of access to clean and hygienic public toilets, observing that such access forms part of the right to life. While considering a petition concerning the improvement, maintenance and sanitation of public toilets within the jurisdiction of the Municipal Corporation of Delhi (MCD), the Court proposed […]
Introduction: The Orissa High Court has held that although a Muslim mother does not automatically become the legal guardian of her minor child’s property under Muslim personal law, she can be appointed as guardian of that property by a competent court under the Guardians and Wards Act, 1890. The Court clarified that such an appointment […]
Introduction: The Delhi High Court has reiterated that the mere pendency of criminal cases that have not resulted in conviction cannot, by itself, justify the denial of bail to an accused, particularly when the other circumstances of the case favour release. Emphasising the importance of personal liberty and the principle that pre-trial detention must not […]
Introduction: The Himachal Pradesh High Court has ruled that the exclusion of a police officer not below the rank of Deputy Superintendent of Police (DSP) from an excise inspection team, where such inclusion is mandated by law, constitutes a material defect that invalidates the entire inspection process. The Court held that failure to comply with […]
“While the law of competition may be sometimes hard for the individual, it is best for the race, because it ensures the survival of the fittest in every department.” – Andrew Carneige The tussle between Epic games and Google started way back in the U.S., wherein the biggest gaming giant on August 2020, approached the […]
The Supreme Court today issued a notice on the petition filed by the top woman wrestlers of India seeking registration of FIR against a BJP MP as well as the wrestling federation of India’s president Brij Bhushan Sharan Singh for alleged sexual harassment. Advocate Kapil Sibal appearing for the petitioners stated that the woman wrestlers […]
“The sovereignty of scriptures of all religion must come to an end if we want to have a united integrated modern India.”– Dr. B.R Ambedkar In the case of Farhan Tasaddukhussain Barodawala v. Onali Ezazuddin Dholkawal, Allahabad High Court imposed cost of rupees 25,000 on petitioners who were objecting on the fact that how a […]
Reported By: Ankita Bhardwaj The case of KUSH KALRA v. UOI & ANR has brought forward the interesting notion of barring the entry of married men and women in Judge Advocate General (JAG) claiming it in the benefit of public interest and national security. A PIL is filed against the policy by Kush Kalra seeking the […]
“We direct all High Courts to establish online RTI portals within 3 months from today. High Courts can formulate adequate provisions to facilitate the supply of adequate information. Information is to be passed onto the secretary generals of High Courts for administrative directions from the Chief Justices (of High Courts). The same directions are to […]
Introduction: The Calcutta High Court recently upheld an industrial tribunal’s ruling that an accountant, Dulal Chatterjee, was a ‘workman’ under the Industrial Disputes Act, 1947, dismissing a writ petition filed by Swarnakshar Prakasani Pvt. Ltd. The case arose when Chatterjee was terminated from employment in July 2013, leading to a legal dispute over whether his […]
The Madras High Court in the case of G Sundararajan v The Secretary held that the exemption from payment of entertainment tax is just a concession by the government and cannot be claimed as a right. The court thus refused relief to the producer and distributor of the 2015 Tamil film, “I” which was claimed […]
The Karnataka Appellate Authority of Advance Ruling (AAAR), in the case of Myntra Designs Private Limited modified the decision of AAR, has observed, “input tax credit (ITC) is not available on the vouchers and subscription packages procured by Myntra from third-party vendors.” They relied on the judgement of the Karnataka High Court in the case […]
