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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 Delhi High Court has expressed serious concern over the continuing problem of waterlogging and traffic congestion in Mahipalpur, directing the concerned government agencies and private entities to move beyond meetings and paperwork and fix clear responsibility for resolving the problem. The Court particularly criticised the National Highways Authority of India (NHAI) and Delhi […]
Introduction: The Patna High Court has granted bail to two children in conflict with law who were apprehended with more than 65 kilograms of ganja, holding that the statutory scheme under the Juvenile Justice (Care and Protection of Children) Act, 2015 places release on bail as the normal rule for a child in conflict with […]
Introduction: The Delhi High Court has held that a monetary demand made in connection with a woman’s marital relationship does not cease to constitute a demand for dowry merely because the money is sought for establishing or expanding a business rather than for the personal use of the husband or his family. The Court further […]
Introduction: The Kerala High Court has clarified the scope of Section 233 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), holding that the statutory requirement to stay proceedings in a complaint case during the pendency of a police investigation applies only where the investigation relates to the same offence that is the subject matter of […]
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 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 […]
Introduction: The Himachal Pradesh High Court has held that service rendered by an employee on a lower post cannot automatically be counted towards service rendered on a subsequently obtained higher post for the purpose of claiming service-related financial benefits, unless the applicable Recruitment and Promotion Rules specifically permit such counting. The Court emphasised that entitlement […]
Introduction: The Karnataka High Court has quashed criminal proceedings initiated against a young student over an allegedly offensive Instagram post uploaded shortly after the death of popular Kannada actor Puneeth Rajkumar, while cautioning the student against using social media irresponsibly, particularly in sensitive circumstances. The Court observed that while social media provides individuals with the […]
Introduction: The Telangana High Court has held that the statutory three-month limitation period prescribed under Section 28-A of the Land Acquisition Act, 1894 cannot be used by the State to defeat the legitimate compensation claims of landowners whose timely applications seeking a reference under Section 18 of the Act were wrongly rejected by the authorities. […]
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 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 […]
“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 […]
