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Introduction: The Rajasthan High Court has disposed of a contempt petition arising from the State’s alleged failure to comply with an earlier order granting 20 days’ parole to rape-convict Asaram. A Division Bench comprising Justice Nupur Bhati and Justice Sanjeet Purohit held that the State had substantially complied with the Court’s directions after the convict […]
Introduction: The Meghalaya High Court has quashed criminal proceedings under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), against a man who was living with the survivor as husband and wife and had a child with her. Taking into account the survivor’s present status as an adult, her express no-objection to the […]
Introduction: The Madhya Pradesh High Court has clarified that persons entitled to receive compensation in motor accident cases cannot be compelled to open bank accounts exclusively with Union Bank of India for the purpose of receiving the awarded amount or having compensation invested in fixed deposits. The Court held that claimants are entitled to receive […]
Introduction: The Supreme Court has reiterated that a person who was not a party to a suit or a compromise decree is not automatically barred from challenging that decree if it allegedly prejudices their independent legal rights or interests. The Court clarified that the restriction under Section 96(3) of the Code of Civil Procedure, 1908 […]
Introduction: The Andhra Pradesh High Court has dismissed a Public Interest Litigation (PIL) challenging the location selected for a proposed interchange on the Chittoor-Thatchur Greenfield Highway, holding that the petitioners had failed to establish any legally sustainable reason to interfere with the alignment approved by the National Highways Authority of India (NHAI). The Court emphasised […]
Introduction: The Punjab and Haryana High Court has reiterated that criminal proceedings involving allegations of sexual offences against minor children cannot ordinarily be brought to an end merely because the complainant and the accused have entered into a compromise. Emphasising the protective purpose of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), […]
Introduction: The Punjab and Haryana High Court has held that obtaining sanction for prosecution against a public servant does not exempt a Special Court from complying with the independent procedural safeguards prescribed under Section 223(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The Court clarified that before taking cognizance of a complaint filed by […]
Introduction: The Delhi High Court has reaffirmed that the use of video conferencing in judicial proceedings can help courts balance the right to a fair trial with the practical difficulties faced by witnesses who are unable to attend court physically. Holding that illness, physical infirmity, undue delay or excessive expense may justify recording a witness’s […]
Introduction: The Madhya Pradesh High Court has imposed exemplary costs of ₹1 lakh on an erring officer of the Indore Municipal Corporation (IMC) after finding that an administrative order had been passed by relying on statutory provisions that had already been omitted in 2020. The Court expressed serious concern over the failure of a statutory […]
Introduction: The Kerala High Court has set aside a Single Judge’s order directing the issuance of an Other Backward Classes (OBC) Non-Creamy Layer (NCL) certificate to a minor girl seeking reservation benefits for admission through the Common Law Admission Test (CLAT) 2027. A Division Bench comprising Justice Raja Vijayaraghavan V and Justice K. V. Jayakumar […]
Introduction: The Allahabad High Court has held that the settled legal principle that inclusion in a select list does not confer an indefeasible right to appointment cannot be used as a blanket justification for rejecting the claim of a selected candidate without examining the relevant vacancies, applicable recruitment rules and previous judicial directions. The Court […]
Introduction: The Andhra Pradesh High Court has reiterated that procedural requirements must serve the interests of justice rather than become obstacles to the adjudication of substantive rights. The Court held that the mere omission of a formal solemn verification in an affidavit, despite the presence of a solemn affirmation, does not automatically justify rejecting an […]
Introduction: The Karnataka High Court has quashed a First Information Report (FIR) registered against an advocate accused of voluntarily causing hurt and outraging the modesty of a woman who had engaged him as her lawyer. The Court held that the essential ingredients of the offences punishable under Sections 324 and 354 of the Indian Penal […]
Introduction: The Supreme Court of India has reiterated an important principle governing reassessment proceedings under Section 147 of the Income Tax Act, 1961: the Revenue cannot be prevented from reopening an assessment on the ground of a mere ‘change of opinion’ when the Assessing Officer did not examine the relevant issue or form any opinion […]
Introduction: The Madhya Pradesh High Court has held that a woman’s education, financial independence and professional position cannot, by themselves, determine whether her consent to sexual relations was allegedly obtained through deception or a false promise of marriage. The Court also observed that the fact that marriage negotiations took place between the parties does not […]
Introduction: The Calcutta High Court has clarified an important procedural and jurisdictional question concerning appeals arising from penalties imposed under the repealed Foreign Exchange Regulation Act, 1973 (FERA). The Court held that appeals challenging penal adjudications originating under FERA can be entertained under its Criminal Appellate Jurisdiction, even where the appellants have invoked Section 35 […]
“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 […]
