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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 […]
Introduction: The Allahabad High Court has held that a madarsa teacher cannot be deprived of gratuity merely because she continued in service beyond the age of 60 and retired at 62 after not exercising the prescribed option to retire at the earlier age. The Court found that where the authorities had themselves permitted the employee […]
Introduction: The Kerala High Court has directed the Regional Passport Officer, Ernakulam, to issue a customized Police Clearance Certificate (PCC) to Malayalam rapper Vedan, officially known as Hirandas, enabling him to undertake international performances in the United Kingdom and Ireland. The Court, while recognising that criminal cases are pending against the petitioner, held that the […]
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 Allahabad High Court has held that a challenge alleging violation of the constitutional safeguard under Article 22(1) of the Constitution, on the ground that the grounds of arrest were not communicated to the accused, must be raised during the stage of initial detention and remand contemplated under Section 167 of the Code of […]
Introduction: The Kerala High Court has set aside an order of the Advocate General granting sanction to initiate criminal contempt proceedings against businessman Kochouseph Chittilappilly over alleged remarks made by him concerning a sitting Judge. A Division Bench comprising Dr. Justice A.K. Jayasankaran Nambiar and Justice Mohammed Nias C.P. found that the sanction had been […]
Introduction: The Calcutta High Court has held that the Enforcement Directorate is not required to obtain prior permission from the trial court before conducting further investigation in a money laundering case where the trial has not yet commenced. Justice Krishna Rao dismissed a writ petition filed by Mahesh Kumar Kejriwal, who had challenged notices issued […]
Introduction: The Punjab and Haryana High Court has expressed serious reservations over the timing and manner in which demolition proceedings were initiated against an advocate’s farm stay shortly after he approached the Court with allegations of corruption involving senior officials of the Punjab Government. The Court observed that the sequence of events appeared unnatural and […]
Introduction: The Kerala High Court has held that criminal proceedings under the Immoral Traffic (Prevention) Act, 1956 cannot be brought to an end merely because women allegedly subjected to sexual exploitation later state that they have no grievance against the accused. Justice Jobin Sebastian observed that offences under the special legislation are not private disputes […]
Introduction: The Allahabad High Court has directed initiation of criminal proceedings against an advocate for allegedly solemnizing a child marriage inside his chamber within the District Court premises at Kanpur Nagar, observing that such conduct was “disgraceful and demeaning to the noble profession of advocacy.” The Court also directed the Bar Council of Uttar Pradesh […]
Introduction: The Punjab and Haryana High Court has held that serious industrial accidents resulting in loss of human life cannot, by themselves, justify framing charges of culpable homicide not amounting to murder or attempt to commit culpable homicide unless the material collected during investigation prima facie establishes the intention or knowledge required for those offences. […]
Introduction: The Gauhati High Court has held that advocates cannot be made responsible for continuously knowing or guaranteeing the physical whereabouts of a writ petitioner after a case has been filed before the Court. At the same time, the Court cautioned members of the Bar that they must exercise due care before accepting a Vakalatnama […]
Introduction: The Supreme Court has reaffirmed that the authority derived from an elected office cannot be converted into a personal instrument of influence, intimidation or coercion, observing that elected representatives remain bound by the discipline of law just like every other citizen. A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta made the significant […]
Introduction: The Allahabad High Court has held that experience gained while working in Punjab National Bank cannot automatically be treated as experience in a “government office” for the purpose of satisfying a specific eligibility condition prescribed in a recruitment advertisement. Justice Dinesh Pathak made the observation while dismissing a writ petition filed by Satya Prakash […]
Introduction: The Allahabad High Court has held that a police officer cannot be held guilty of negligence merely because an unlawful act subsequently occurred within the jurisdiction of the police outpost under his charge, when there was no information or intelligence available to him requiring preventive action. The Court emphasised that policing is fundamentally information-driven […]
Introduction: The Andhra Pradesh High Court has held that a prosecution sanction granted under Section 19 of the Prevention of Corruption Act, 1988 cannot be withdrawn merely on the basis of a subsequent change of opinion when the sanction has already been acted upon and criminal proceedings have commenced. The Court clarified that reconsideration of […]
“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 […]
