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Introduction: The Supreme Court has reiterated that the presumptions of guilt and culpable mental state under Sections 29 and 30 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), cannot be invoked mechanically unless the prosecution first establishes the foundational facts necessary for those presumptions to operate. The Court further held that […]
Introduction: The Supreme Court has clarified that the seriousness or grievousness of an injury suffered by a victim is not, by itself, a necessary ingredient for attracting the offence of attempt to murder under Section 307 of the Indian Penal Code, 1860. The Court reiterated that the central question in determining the applicability of Section […]
Introduction: The Calcutta High Court has held that the mere fact that a person was driving a vehicle without a valid driving licence cannot, by itself, be used as a ground to deny compensation to the victim or the victim’s family when the death or injury is caused by the rash and negligent driving of […]
Introduction: The Punjab and Haryana High Court has directed the States of Punjab and Haryana and the Chandigarh Administration to take concrete steps to ensure effective implementation of the Mental Healthcare Act, 2017, emphasising that statutory institutions created under parliamentary legislation cannot remain merely on paper. The Court particularly expressed concern that the constitution of […]
Introduction: The Madhya Pradesh High Court has clarified that the mere fact that children jointly inherit property from their father does not, by itself, establish the existence of a joint Hindu family or a coparcenary. The Court further held that property subsequently acquired by individual members cannot automatically be treated as joint family property merely […]
Introduction: The Punjab and Haryana High Court has held that a woman cannot be prosecuted under Sections 4 and 5 of the Immoral Traffic (Prevention) Act, 1956 merely on the allegation that she herself was engaged in prostitution and earned money from it. The Court clarified that Section 4 is attracted when a person knowingly […]
Introduction: The Allahabad High Court has set aside disciplinary proceedings and the punishment imposed on a State Tax officer after finding that the allegations against him were based on alleged oral directions given during video conferencing meetings, the details of which were never properly brought on record. The Court held that in the absence of […]
Introduction: The Madhya Pradesh High Court has upheld an order of the Single Judge directing the State’s Animal Husbandry Department to extend the benefit of time-scale pay to Veterinary Assistant Surgeons and Veterinary Surgeons on par with Medical Officers and Dental Surgeons. The Division Bench comprising Justice Anand Pathak and Justice B.P. Sharma dismissed the […]
Introduction: The Supreme Court of India has set aside the convictions of two individuals in a narcotics case involving the alleged recovery and possession of charas in a commercial quantity, holding that the prosecution had failed to establish the integrity and safe custody of the seized samples. The Court found that serious gaps in the […]
Introduction: The Supreme Court of India has granted significant interim relief to a batch of law graduates whose applications for enrolment as advocates before the Telangana State Bar Council had been withheld because their bachelor’s degrees were obtained through open, distance, or correspondence education. The Court directed the provisional enrolment of the applicants, subject to […]
Introduction: The Punjab and Haryana High Court has reiterated that a petition seeking cancellation of bail and a petition seeking setting aside of a bail order operate within distinct legal parameters. While cancellation of bail ordinarily requires the existence of supervening circumstances, misuse of the concession of bail, interference with the administration of justice or […]
Introduction: The Delhi High Court on Wednesday heard a Public Interest Litigation (PIL) challenging the alleged use of the song “Shoorveer” in the climax of Mirzapur: The Movie, with the petitioner claiming that the track, originally composed as a tribute to the 16th-century warrior king Maharana Pratap, had been used in a manner that was […]
Introduction: The Madras High Court has asked the Election Commission of India (ECI) to consider whether guidelines are required to address a particular electoral situation: an elected MLA resigning soon after an election and then contesting the resulting by-election as a candidate of another political party. The Court observed that the existing legal framework did […]
Introduction: The Delhi High Court has expressed anguish over the deaths of five young students in the recent collapse of a paying guest accommodation in Satya Niketan, observing that their hopes and dreams had been “shattered” by what it described as the “callous and criminal” conduct of the authorities. The remarks were made by a […]
Introduction: The Kerala High Court has reserved its verdict in a suo motu proceeding concerning the exorbitant pricing of patented life-saving medicines, particularly drugs used in the treatment of breast cancer. The proceedings raise important questions about the relationship between the right to health, access to essential medicines, patent protection and the powers of the […]
Introduction: The Madhya Pradesh High Court has directed the State Government to reconsider the candidature of a woman who applied for the post of Higher Secondary Teacher (Hindi), taking into account an earlier Division Bench judgment that struck down a provision prescribing a second-division master’s degree as an eligibility requirement for teachers. In Mamta Anjana […]
“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 […]
