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Introduction: The Allahabad High Court has cautioned employers against compelling employees to wear religiously associated attire at the workplace, observing that such instructions may hurt the sentiments of persons belonging to different faiths and beliefs. The Court stressed that such compulsion is inconsistent with the democratic framework of the country, where every citizen is entitled […]
Introduction: The Karnataka High Court has upheld directions requiring Mysore Medical College and Research Institute to pay long-serving “stipendiary nurses” wages at par with regular staff nurses and to allow them to continue in service until regular recruitment to the posts of staff nurses is undertaken. The Division Bench of Justice Anu Sivaraman and Justice […]
Introduction: The Calcutta High Court has directed the Kolkata Police, Customs authorities and the Principal Chief Conservator of Forests, West Bengal, to take effective measures to prevent unauthorised sale, trading and smuggling of birds, pets, fish, plants and other animals at Galiff Street in North Kolkata. The directions were issued by a Division Bench comprising […]
Introduction: The Delhi High Court has held that a complainant cannot compel an accused to undergo a Narco Analysis Test when the accused has expressly refused to give consent. The Court emphasised that consent for undergoing such a test is a personal and non-derogable safeguard belonging to the individual who is to be subjected to […]
Introduction: The Punjab and Haryana High Court has taken a serious view of what it described as the failure of the police and administrative authorities of Punjab, Haryana and Chandigarh to demonstrate actual compliance with the safeguards laid down by the Supreme Court against unnecessary arrests. Justice Sudeepti Sharma, while hearing a batch of contempt […]
Introduction: The Punjab and Haryana High Court has upheld an order granting a long-serving part-time Class-IV employee the minimum of the pay scale attached to the Group-D post against which he had been working, holding that the Chandigarh Administration could not deny the benefit to one employee after extending it to almost all similarly situated […]
Introduction: The Gujarat High Court has held that a person who is merely found as a customer at a brothel cannot, without more, be prosecuted for keeping or managing a brothel, procuring a person for prostitution, prostitution in the vicinity of a public place, or inducing a woman or girl into prostitution under the Immoral […]
Introduction: The Karnataka High Court has directed the State Government to consider a representation seeking reconstruction and reinstallation of the Lord Parashurama statue at the Parashurama Theme Park in Karkala, Udupi district. The Division Bench comprising Justice Anu Sivaraman and Justice T.P. Vivekananda disposed of a Public Interest Litigation filed by Uday Shetty Muniyal, observing […]
Introduction: The Sikkim High Court has held that an employee-continuity provision contained in a scheme of amalgamation can benefit only those employees who continued to remain on the rolls of the transferor company when the amalgamation became effective. The Court made it clear that persons who had already ceased to be employees of the transferor […]
Introduction: The Madhya Pradesh High Court has sought the response of the Union Government on a challenge to the applicability of the National Medical Commission’s Foreign Medical Graduate Licentiate (FMGL) Regulations, 2021, in a case involving an MBBS student who commenced his medical education in Ukraine shortly before the new regulatory framework came into force. […]
Introduction: The Delhi High Court has modified the conviction of a man who attacked a labourer sleeping outside a shop in Lajpat Rai Market, holding that although the weapon used in the assault was dangerous and the victim suffered a serious injury, the prosecution had failed to establish the requisite intention or knowledge necessary to […]
Introduction: The Allahabad High Court has held that the deeming provision contained in Rule 10(5)(iii) of the Uttar Pradesh Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978 cannot be invoked to validate an appointment that was made in violation of mandatory reservation requirements. The Court made it clear […]
Introduction: The Supreme Court has clarified the limits of the jurisdiction of the Controlling Authority under the Payment of Gratuity Act, 1972, holding that the authority cannot adjudicate and fasten liability for payment of gratuity on a principal employer where the workers concerned were engaged through a contractor and there was no established employer-employee relationship […]
Introduction: The Supreme Court has held that where a decree for specific performance of an agreement to sell has already culminated in execution of the sale deed through the Court and the purchaser has obtained possession of the property, the completed transaction cannot subsequently be undone merely because several decades have passed or because a […]
Introduction: The Calcutta High Court has quashed criminal defamation proceedings against Republic Media Network’s Senior Executive Editor/Editor-in-Chief Abhishek Kapoor and reporter Bittu Roy Choudhury, holding that continuation of the criminal complaint against them amounted to an abuse of the process of law. The Court found that the alleged defamatory material essentially consisted of the complainant’s […]
Introduction: The Delhi High Court has granted 30 days of custody bail to an alleged ISIS operative to undergo surgery for an umbilical hernia at a private hospital of his choice in Delhi-NCR, while declining his request to travel to Bombay for treatment and to meet his family. The Court balanced the accused’s medical needs […]
“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 […]
