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Introduction: In a strong reaffirmation of personal liberty and the limits of police power, the Karnataka High Court has declared the arrest of an accused who was also an attesting witness to a disputed Will to be illegal, sharply criticising the police for acting in a manner the Court described as reflective of “police raj”. […]
Introduction: The Supreme Court has reaffirmed the distinct and overriding role of the Customs Act, 1962 in regulating liability for customs duty arising from the pilferage of imported goods while they remain in customs custody. In Union of India & Ors. v. The Board of Trustees of the Port of Bombay, the Court upheld the […]
Introduction: The High Court of Jammu & Kashmir and Ladakh has reiterated an important principle of civil procedure: a suit that fails to satisfy the technical requirements of the summary procedure under Order XXXVII of the Code of Civil Procedure, 1908, does not necessarily have to be rejected if the plaint otherwise discloses a valid […]
Introduction: In a significant step towards strengthening access to effective legal representation in cases involving the death penalty, the Gauhati High Court Legal Services Committee has constituted a dedicated panel of Senior Advocates to handle death reference matters and appeals arising from death sentences. The notification, issued on August 21, reflects the increasing judicial emphasis […]
Introduction: The Madras High Court has dismissed the bail appeal of an accused booked under the Unlawful Activities (Prevention) Act, 1967, in connection with an alleged terror conspiracy involving support for ISIS and Daesh. The Court held that materials such as potassium nitrate, sugar and batteries cannot be viewed in isolation when the prosecution alleges […]
Introduction: The Karnataka High Court has quashed criminal proceedings initiated against a senior citizen over allegations that her Golden Retrievers attacked a lawyer and prevented him from attending court, finding the complaint vague, inconsistent and incapable of justifying the continuation of a criminal prosecution. In a striking observation, the Court questioned the very foundation of […]
Introduction: The Calcutta High Court has delivered an important ruling strengthening the participatory rights of victims in criminal proceedings, holding that a victim represented by an advocate is entitled to obtain copies of the documents contemplated under Section 230 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The Court further made it clear that a […]
Introduction: The Allahabad High Court has delivered an important ruling on the limits of the State’s power to blacklist contractors and firms, holding that an order of debarment for an indefinite or perpetual period is impermissible and amounts to a grave civil consequence that can effectively result in the “civil or commercial death” of an […]
Introduction: The Supreme Court recently reaffirmed that the grant of bail in serious criminal offences, particularly murder, cannot be treated as a routine exercise. Setting aside bail granted to two accused persons in a case involving the alleged burning alive of a man after a violent and premeditated attack, the Court held that the orders […]
Introduction: The Supreme Court, while hearing the ongoing challenges concerning the Special Intensive Revision (SIR) of electoral rolls in West Bengal, has orally reiterated an important constitutional limitation on the consequences of exclusion from a voters’ list. The Court made it clear that its earlier ruling in the Bihar SIR matter had already confined the […]
Introduction: The Punjab and Haryana High Court, in Philips and another v. Union of India, has reaffirmed the protective approach governing compensation claims arising out of railway accidents and untoward incidents. Justice Harkesh Manuja set aside the decision of the Railway Claims Tribunal, Chandigarh, which had rejected the claim of the parents of a deceased […]
Introduction: The Gauhati High Court has delivered an important ruling on the remedies available to an excluded legal heir in succession certificate proceedings, holding that the existence of a specific remedy for revocation under Section 383 of the Indian Succession Act, 1925 does not render an application under Order IX Rule 13 of the Code […]
Introduction: The Calcutta High Court has reaffirmed an important principle of matrimonial law: isolated instances of spouses living together or engaging in physical relations after separation do not, by themselves, amount to condonation of earlier acts of matrimonial cruelty. Upholding a decree of divorce granted to a husband on the ground of mental cruelty, the […]
Introduction: In an important ruling on the application of the doctrine of res judicata in criminal maintenance proceedings, the Gauhati High Court has held that an earlier judicial finding establishing a physical relationship between a man and a woman, and further recording that a child was born out of that relationship, can operate as res […]
Introduction: In an important ruling on procedural fairness under the Foreign Contribution (Regulation) Act, 2010, the Calcutta High Court has held that the principles of natural justice are inherently embedded in the process for renewal of an FCRA registration under Section 16 of the Act. The Court ruled that where the Central Government chooses to […]
Introduction: In a significant ruling on the limits of State legislative power and the doctrine of repugnancy under the Constitution, the Allahabad High Court has struck down key provisions of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021. The Court held that the statutory provisions governing rent revision, rent determination, eviction and the […]
“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 […]
