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Introduction: The Punjab & Haryana High Court has initiated suo motu criminal contempt proceedings after taking serious exception to a front-page newspaper advertisement which allegedly sought to portray the judiciary as part of a conspiracy against a convict or accused whose criminal proceedings are still pending. The Court has observed that such paid public narratives, […]
Introduction: The Madras High Court has upheld the conviction of Bangladeshi nationals for entering and remaining in India without valid passports, visas or other travel documents, while taking into account their severe financial circumstances to reduce the imprisonment prescribed in default of payment of fine. Justice Nirmal Kumar confirmed the substantive sentence of two years’ […]
Introduction: The Jammu & Kashmir and Ladakh High Court has clarified the distinction between interest and penalty payable on delayed compensation under Section 4-A(3) of the Employees’ Compensation Act, 1923. The Court held that while interest follows the employer’s default in payment of compensation, the additional penalty contemplated under Section 4-A(3)(b) cannot be imposed mechanically. […]
Introduction: The Patna High Court has held that the mere fact that a Covid-19 test was conducted by a laboratory that was not formally authorised or empanelled by the State Government cannot, by itself, be used as a ground to deny ex-gratia compensation to the family of a person who died of Covid-19. The Court […]
Introduction: The Bombay High Court has held that an educational institution cannot claim an automatic or permanent exemption from property tax merely on the ground that it is engaged in imparting education or that it is run by a charitable trust or a linguistic minority institution. The Court clarified that to avail exemption under Section […]
Introduction: The Madhya Pradesh High Court has granted custody of a four-year-old girl to her father, holding that, in the circumstances of the case, it would be appropriate for the child to remain with him while ensuring that her mother continues to have meaningful access to her. The Division Bench comprising Chief Justice Alpesh Y. […]
Introduction: The Bombay High Court has expressed serious concern over the continuing deterioration of public hygiene in several parts of Mumbai, observing that cleanliness in a few prominent areas cannot be presented as evidence that the entire city is being adequately maintained. The Division Bench of Justice Girish Kulkarni and Justice Dr Neela Gokhale strongly […]
Introduction: The Jharkhand High Court has raised serious questions over the continued detention of a woman despite her acquittal in a criminal case, observing that the liberty guaranteed to an individual under Article 21 of the Constitution cannot be taken away without authority of law. The Court questioned the State authorities as to the legal […]
Introduction: The High Court of Jammu & Kashmir and Ladakh has held that a landowner cannot be denied compensation merely because public water pipelines were installed on the property before the owner purchased it. The Court emphasised that while the State has the authority to utilise private property for providing essential public services, such use […]
Introduction: The Karnataka High Court has held that a State Bar Council cannot reject an application for enrolment as an advocate merely on the ground that the applicant did not possess a conventional Bachelor’s Degree before pursuing a three-year LL.B. course, without first considering the alternative qualification contemplated under the applicable legal education rules and, […]
Introduction: The Madhya Pradesh High Court has called for the participation of the Bar Association and other stakeholders in a public interest litigation concerning traffic congestion allegedly caused by street vendors and handcarts operating near Gates 3 and 4 of the new District Court premises at Jabalpur. Rather than treating the dispute as an adversarial […]
Introduction: The Madhya Pradesh High Court has dismissed a public interest litigation (PIL) seeking an enquiry into the ownership and revenue records of land situated at Village Subkhar Maal in Nagar Parishad Dindori, holding that the extraordinary jurisdiction of the Court in a PIL cannot be invoked to unsettle rights flowing from registered transactions that […]
Introduction: The Supreme Court has clarified that a disputed signature, handwriting or finger impression does not automatically have to be referred to a handwriting or forensic expert. The Court has held that where the material available before it enables a judicial comparison, the Court is required to exercise its own power of comparison under Section […]
Introduction: The Supreme Court has reaffirmed that recovery of excess financial benefits paid to government or institutional employees can be legally sustained where the payment was made due to an administrative error and the employees had expressly undertaken to refund any amount found to have been wrongly paid. The judgment also examines the interplay between […]
Introduction: The Madras High Court has called for legislative intervention to strengthen the law relating to attachment and confiscation of properties allegedly acquired through corrupt practices, observing that properties suspected to have been acquired through corruption or disproportionate wealth should be mandatorily secured during the pendency of criminal proceedings. The Court emphasised that unless the […]
Introduction: The Calcutta High Court has reiterated that criminal contempt proceedings cannot be converted into a substitute for an appeal or revision against an adverse judicial order, while cautioning litigants against making personal allegations against Judicial Officers under the guise of questioning the correctness of their decisions. The Court made the observation while dealing 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 […]
